Rapport intérimaire - Rapport No. 124, 1971

1. 88. The complaint of the World Confederation of Labour is contained in a communication dated 14 May 1970, supplemented by two further communications dated respectively 26 May and 18 June 1970. The complaint and the additional information supplied in substantiation thereof were transmitted to the Government, which forwarded its observations concerning their substance by a communication dated 11 February 1971.
2. 89. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 90. On the basis of information supplied to it by its affiliated organisation in Nicaragua, the Autonomous Trade Union Movement of Nicaragua (MOSAN), the World Confederation of Labour alleges in general terms that a wave of repression and persecution has been unleashed against trade unions and their members in that country. More specifically, it alleges that two leaders of the MOSAN, Messrs. Fernando Caracas Ricaurte and Guillermo Mejia, have been arrested and imprisoned.
2. 91. Appended to the supplementary information it has supplied in connection with this case, the World Confederation of Labour has furnished photocopies of the receipts for fines paid by Messrs. Caracas Ricaurte and Mejia, stating that these fines were the only means whereby they could regain their freedom. " As you will observe, " declares the World Confederation of Labour " these receipts do not record any details, nor do they specify any particular offence as having been committed, which is yet further proof that in the Republic of Nicaragua the most fundamental workers' rights are disregarded, their leaders being imprisoned, heavy fines being imposed upon trade union officials and members and union members being terrorised if they defend the interests of the workers and refuse to submit to the dictates of the Government and the police ".
3. 92. Furthermore, on the basis of fresh information received from its affiliate in Nicaragua, the World Confederation of Labour accuses the Ministry of Labour of taking sides in a dispute between the workers and the firm of " El Porvenir ", which it alleges to be " subjecting its employees to harsh military discipline ". " This is quite understandable," continues the World Confederation of Labour " bearing in mind that the undertaking in question is owned by the President of the Republic, General Somoza, whose family has ruled the country for thirty years ".
4. 93. In its observations the Government states that the reason for the measures taken against Messrs. Caracas Ricaurte and Mejia was that they were caught in the act of sticking up subversive posters, and that these measures were taken in pursuance of Decree No. 800 of 1965, the text of which the Government supplies. The Government also supplies the text of a statement made in this connection by the Police Magistrate of Managua, and points out that the persons in question have not appealed against the Police Magistrate's ruling.
5. 94. The Government argues that the World Confederation of Labour has based its allegations on information supplied by a " non-existent " organisation, the Autonomous Trade Union Movement of Nicaragua (MOSAN), " of serious breaches of freedom of association in Nicaragua ", adding that this information too is unlawful and unfounded, and that " in any case it should not be taken into consideration since this organisation has no legal personality, the Associations Department of the General Inspectorate of Labour having no record on its books of the registration of the so-called Autonomous Trade Union Movement of Nicaragua ". The Government appends to its communication an attestation; from the Associations Department of the General Inspectorate of Labour to the effect that it has no record of the registration of the MOSAN.

B. B. The Committee's conclusions

1. 95. Before examining the specific allegations made in the complaint, the Committee considers that it should deal with the preliminary question raised by the Government in the observations quoted in the preceding paragraph. In this connection the Committee wishes to point out that it has never considered itself bound by any national definition of the term "industrial association". In the present case the Committee notes that the MOSAN does have at least a de facto existence and that it is affiliated to the World Confederation of Labour. Moreover, the complaint having been filed in the names of the latter organisation, which enjoys consultative status with the ILO, its receivability in this instance cannot be open to the doubt that the Government appears to imply.
2. 96. With regard to the allegations relating to the measures taken against Messrs. Caracas Ricaurte and Mejia, the Committee has noted the Government's statement to the effect that these measures were taken because the persons concerned had been caught in the act of sticking up subversive posters.
3. 97. The Government does not indicate, however, what was subversive about the posters in question, and the attestation by the Police Magistrate appended by the Government to its reply is no more explicit on this point. Accordingly the Committee, in order to have all the facts before it when forming its opinion, considers it necessary to recommend the Governing Body to request the Government to be good enough to give details of the subject-matter of the incriminating posters.
4. 98. Having noted, moreover, that the Government makes no reply to the allegations mentioned in paragraph 92 above to the effect that the Ministry of Labour appears to have taken sides in a dispute between the workers and the firm of " El Porvenir ", and that this undertaking has been " subjecting its employees to harsh military discipline ", the Committee recommends the Governing Body to request the Government to be good enough to forward its observations on this aspect of the case.