Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Nicaragua (Ratification: 1967)

The Committee notes the Government's report and recalls that its previous comments referred to:

- guaranteeing the right of association of public servants, self-employed workers in the urban and rural sectors and persons working in family workshops;

- abolishing the requirement of an absolute majority of the workers of an enterprise or work centre for the establishment of a trade union (section 189 of the Labour Code);

- amending the provision on the general prohibition of political activities by trade unions (section 204(b) of the Labour Code);

- amending the requirement that trade union leaders must present to the labour authorities the registers and other documents of a trade union on application by any of the members of that union (section 36 of the Regulations on Trade Union Associations);

- allowing foreign workers to have access to trade union office (section 35 of the Regulations on Trade Union Associations);

- lifting the excessive limitations on the exercise of the right to strike, such as the requirement of a majority of 60 per cent for calling a strike, prohibiting strikes in rural occupations when products may be damaged if not immediately disposed of, and the referral of a dispute to compulsory arbitration by the authority, in services which are not essential in the strict sense of the term (sections 225, 228 and 314 of the Labour Code);

- allowing federations and confederations to exercise the right to strike.

The Committee notes the Government's indications that in practice public servants have the right to join trade unions. Similarly, the Committee notes that section 43(8) of the Civil Service and Administrative Profession Act (Act No. 70 of 16 March 1990) gives public servants the right to organize, strike and bargain collectively. In this respect, the Committee asks the Government to inform it whether Legislative Decree No. 8-90 which suspended application of Act No. 70 is still in force or whether it has been repealed.

The Committee takes due note of the following information supplied by the Government: in conformity with the Ministerial Resolution of 23 May 1990, a trade union organization may be established with a minimum of 25 workers and, in practice, an absolute majority is not required to establish a trade union in an enterprise; political activities of trade unions are not prohibited either by the Constitution or in practice; in practice, trade union leaders are not required to present to the labour authorities the registers and other documents of a trade union; foreign workers have access to trade union office; limitations on the exercise of the right to strike have been abolished in the new Labour Code; and federations and confederations established legally may exercise the right to strike.

The Committee expresses the firm hope that the Government's views expressed above are reflected in legislation and hopes that the Government will take the necessary measures so that the new Labour Code is adopted very shortly, taking into account the comments which the Committee has been making for several years.

The Committee once again asks the Government to send it the full text of the new Labour Code and to inform it in its next report of any progress made with respect to its adoption.