Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 356, Mars 2010

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

1. 104. In its previous examination of the case, at its March 2008 meeting, the Committee indicated that it understood that the reason for cancelling the registration of the “Idalia Silva” Workers’ Trade Union of the company Hansae Nicaragua SA (STIS), was the reduction in the minimum number of workers needed to form a trade union (section 206 of the Labour Code). In this regard, the Committee indicated that it could not rule out that the 20 requests to leave the union and the resignations of union members from the enterprise were a result of anti-union activity. The Committee therefore requested the Government to take the necessary steps to ensure that an investigation was carried out to determine the reasons behind the members leaving the union and resigning, which had led to the cancellation of the union’s registration, and to keep it informed in this regard. Furthermore, the Committee requested the Government to report on the reason for the dismissal of the union leader Ms Zoila Cáceres Rodríguez and to send the corresponding decisions, as well as to indicate whether the union leader in question had lodged an appeal against the decision of the General Labour Inspectorate before the judicial authority and, finally, it requested the Government to send the rulings handed down and information concerning the alleged threats against trade unionists Ms Marjorie Sequeira and Ms Johana Rodríguez [see 349th Report, paras 190–193].
2. 105. In its communication of 22 June 2009, the Government indicates that freedom of association is a constitutional right in Nicaragua for individuals who organize freely and peacefully for the defence of their trade union interests. Article 87 of the political Constitution establishes that right and provides that: “There is full freedom of association in Nicaragua. Workers shall organize voluntarily in trade unions and trade unions may be established in accordance with the law. No worker shall be obliged to belong to a particular trade union or withdraw from a trade union to which he or she belongs. Full trade union autonomy shall be recognized and trade union immunity shall be respected.”
   • In line with the Constitution, section 204 of the Labour Code provides that: “Provided that it is through lawful means and for lawful purposes, trade unions shall have the right to: (a) draw up their constitutions and rules in full freedom; (b) elect their representatives in full freedom; (c) organize their administration and activities; and (d) formulate their programmes.”
3. 106. With regard to the status of the Idalia Silva Workers’ Trade Union of the company Hansae Nicaragua SA, the Government indicates that the department of trade union associations received a total of 20 copies of requests to leave the union and six copies of requests from members of that union to leave their posts at the company Hansae Nicaragua SA. It should be mentioned that it is on record that the ruling of the Court of First Instance which gave rise to the dissolution of the trade union was not appealed by the injured party, therewith consenting with the content of the ruling. It is not appropriate to speculate about why the injured party did not exercise its right to appeal. However, what is important in this case is to point out that the authorities in charge of the Ministry of Labour since 11 January 2007 have not produced any requests to leave any trade union organizations that were either registered or in the process of being registered. As long as the current administration is in charge of the Ministry of Labour, there will not be a situation – like has not been a situation – giving rise to requests to leave a trade union.
4. 107. In relation to paragraph 192 of the Committee’s 349th Report, the Government refers to Resolution No. 076-05 (which states that the reasons for the dismissal were absence from work and forgery of a medical certificate relating to that absence; see copy attached to its reply) concerning the case of Ms Zoila Cáceres Rodríguez, which contains the reasons for her dismissal. On 29 November 2005, Ms Cáceres Rodríguez lodged an appeal against the resolution authorizing the cancellation of her employment contract. On 30 November 2005, the Regional Labour Inspectorate for the Agribusiness Sector allowed the appeal lodged by Ms Cáceres Rodríguez. On 13 December 2005, the General Labour Inspectorate issued Resolution No. 228-05 rejecting the appeal lodged by Ms Cáceres Rodríguez, thereby upholding the resolution authorizing her dismissal. According to the labour legislation, the resolution issued by the General Labour Inspectorate exhausts the administrative channels, leaving the injured party with two options: (1) file an action for protection of constitutional rights (amparo), or (2) institute legal proceedings. It is not known whether Ms Cáceres Rodríguez made use of these options.
5. 108. With regard to paragraph 193 of the 349th Report concerning the ruling handed down and information requested concerning the alleged threats against trade unionists Ms Marjorie Sequeira and Ms Johana Rodríguez, the Government indicates that it requested information from the Third Local Criminal Court of Managua, which issued a report communicated to the Committee. The report indicates that the case was settled by means of a mediation procedure in which the parties participated at the appropriate time and, since the ruling was considered final, the case has been closed.
6. 109. The Committee notes this information. In particular, the Committee notes that the legal proceedings relating to alleged threats against trade unionists Ms Marjorie Sequeira and Ms Johana Rodríguez were closed on account of a mediation procedure conducted by the parties. It also notes the reasons for the dismissal of the trade union leader Ms Zoila Cáceres Rodríguez (forgery of medical documents) and that the appeal lodged by that trade union leader was rejected. Moreover, with regard to the allegations relating to the dissolution of the Idalia Silva Workers’ Trade Union of the company Hansae de Nicaragua SA, by court ruling, taking into account the information provided by the Government and, in particular, that the court ruling ordering the dissolution was not appealed by the workers and that it concerns allegations made in 2002, the Committee shall not continue to examine these allegations.