Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Effect given to the recommendations of the Committee and the Governing Body

1. 258. The Committee examined this case at its November 2004 meeting [see 335th Report, paras. 1097 to 1126] and made the following recommendations: “As regards the dismissal of a number of trade union officials, observing that the dismissals of Mr. Edwin García and Ms. Blanca Alejandrina Aráuz took place in 2001 and 2002, the Committee deplores the delay in the judicial proceedings and trusts that if the judicial authority confirms the anti-trade union character of those dismissals, both officials will be reinstated without delay and without loss of pay. If the judicial authority determines that reinstatement is not possible, both officials should be fully compensated. The Committee requests the Government to keep it informed thereof. The Committee further requests the Government to inform it if Ms. Suárez was in fact reinstated in her post.”
2. 259. In a communication dated 17 May 2005, the Government rejects the Committee’s view about the judicial proceedings provided for by the law. There has been no delay; these proceedings are a matter for the Nicaraguan judicial authorities, which are competent to carry out this work. On the other hand, as regards the dismissals of Edwin García and Blanca Alejandrina Aráuz, which took place in 2001 and 2002 respectively, the Government notes that it has had no information from the complainant, which is actively promoting the case before the labour courts. The Committee regrets that despite the time that has passed, the judicial authorities have not made a ruling on these dismissals. The Committee requests the Government to keep it informed of the final outcome of the judicial proceedings. The Committee also once again requests the Government to inform it if Ms. Suárez was in fact reinstated in her post.
3. 260. “As regards the alleged restrictions on collective bargaining, the Committee requests the Government to adopt the necessary measures to ensure in the future the implementation of the obligation to encourage and promote collective bargaining provided in Article 4 of Convention No. 98 and observance of the principle of good faith in collective bargaining. The Committee recalls to the Government that the technical assistance of the ILO is available in this regard.” The Government states that there are no obstacles to the negotiation of a collective agreement between a trade union and an employer or employers’ organization. In Nicaragua, employers and workers have mechanisms of conciliation and mediation available to them to solve any socio-economic and legal disputes, whether individual or collective, which may arise regarding labour relations, with a view to solving socio-economic disputes through the conclusion or revision of collective agreements. The Ministry of Labour Directorate of Collective Bargaining and Individual Conciliation analyses, approves and registers collective agreements; the Government thanks the Committee for its offer of technical assistance. The Committee takes note of this information.
4. 261. “As regards the allegation concerning the conclusion of a collective agreement with a trade union financed by the employer, the Committee requests the Government to undertake an investigation in this respect and to keep it informed of the result, in particular as regards the representative character or otherwise of the Roo Sing Garment Co. Democratic Workers’ Union.” In this regard the Government reports that the Roo Sing Garment Co. Democratic Workers’ Union is representative, and legally enjoys trade union rights in accordance with the law. There is no trade union organization financed by the employer. The Committee takes note of this information.
5. 262. “As regards the proceedings for slander and libel initiated against trade union officials and members, the Committee requests the Government to send information on the criminal proceedings initiated against the members of the trade union’s executive board and other workers and hopes that, since the administrative authority has confirmed that there had indeed been acts of sexual harassment, the dismissals will be cancelled and the criminal proceedings against the trade unionists declared inadmissible.” In this regard the Government indicates that in matters regarding the criminal proceedings for slander and libel against Eddy Reyes and against César Pérez Rodríguez and others, the Ministry of Labour is not a party in that case, and so is not linked to it, and has no jurisdiction in strictly criminal matters. There is no information from the complainant trade union organization about the outcome of this case. The Committee requests the Government to keep it informed of the progress of the criminal proceedings.
6. 263. “As regards the alleged drawing up of blacklists, the Committee requests the Government to conduct a thorough and independent investigation into the matter and to keep it informed in this respect.” The Government reports that prior to the installation of an enterprise or enterprises covered by the export processing zones scheme, they are informed of the rights and obligations under national labour law. Ministerial resolutions are binding on both employers (Nicaraguan or foreign) and workers (Nicaraguan or foreign) who settle in Nicaragua. No evidence has been found of the existence of “blacklists” that are detrimental to the rights of workers as laid down in the law or that target members of trade unions in enterprises covered by the export processing zones scheme. The Nicaraguan administrative and judicial authorities do not, under any circumstances, allow this sort of practice, which seriously infringes the rights of workers. The Committee takes note of this information.