Definitive Report - Report No 218, November 1982

Case No 1148 (Nicaragua) - Complaint date: 23-JUL-82 - Closed

1. 116. The International Confederation of Free Trade Unions (ICFTU) sent a complaint of violations of trade union rights in Nicaragua in a communication dated 23 July 1982. It supplied additional information in a letter of 1 September 1982. The Government sent its observations in communications dated 1 and 28 September 1982.
2. 117. Nicaragua has ratified the Freedom of Association and Protection of the Fight to Organise Convention 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 118. In its communication of 23 July 1982 the ICFTU alleges the arrest, on 16 July, of Javier Pérez Altamirano, a member of the ICFTU affiliate in Nicaragua, the Confederation of Trade Union Unity (CUS). It states that, since his arrest, Mr. Altamirano has been kept in arbitrary detention, and it requests the ILO to help in obtaining his immediate release.
2. 119. In its further communication, the ICFTU states that at 4.30 p.m. on 16 July 1982 three armed men wearing civilian clothes arrested Mr. Altamirano, the secretary of the CUS. Mr. Altamirano was allegedly taken to an unknown destination. His home was then broken into by seven members of the Sandinist Popular Army and/or the Sandinist Police who proceeded to confiscate documents and Mr. Altamirano's personal property without a warrant to do so. According to the ICFTU, his wife inquired at the P-2 police station as to the whereabouts of her husband and was informed only eight days later of his place of detention. It appears that Mr. Altamirano is presently held in León City, in a confinement centre called Quinta "Y", under a State Security order. The ICFTU states that the only reason for his arbitrary imprisonment is that he is a leader of the CUS trade union. Lastly, the complainant points out that the CBS has protested and taken steps to obtain his release through petitioning the Government and various Ministers; no replies have, however, been received to these pleas.

B. The Government's reply

1. 120. In its communication of 1 September 1982, the Government states that Mr. Pérez Altamirano was released on 17 August 1982.
2. 121. In its communication of 28 September 1982, the Government explains that Mr. Altamirano had been detained for instigating strikes in the banana plantations of the western region of the country in violation of the law declaring a state of national emergency.

C. The Committee's conclusions

1. 122. The Committee notes that, while the arrest of the trade union leader, Mr. Pérez Altamirano, is not disputed, the reasons given for his arrest are contradictory. The complainant states that the arrest was for the sole reason that he is a leader of its affiliate in Nicaragua, whereas according to the Government he was arrested for instigating strikes in the banana plantations of the western region in violation of the law declaring a state of national emergency and has since been released. The Committee further notes the complainant's allegations that Mr. Altamirano's house was broken into and his documents and personal property confiscated by armed men belonging either to the army or the police.
2. 123. While observing that the Government does not specifically reply to the latter allegations, the Committee notes the Government's statement that Mr. Pérez Altamirano was released on 17 August 1982. It also notes, however, the Government's statement that he had been detained for instigating strikes in violation of the National Emergency Act. The Committee has examined this legislation within the context of Case No. 1133 in the present report and would repeat its findings in that case, namely that such legislation - which suspends the right to strike and imposes a system of compulsory arbitration for settling labour disputes - constitutes a major restriction on one of the essential means available to workers and their organisations to promote and defend their occupational interests. Moreover, the Committee would add that the arrest of a trade union leader for instigating what is considered to be an illegal strike should be accompanied by adequate judicial safeguards applied without delay. In the present case, it appears that Mr. Pérez Altamirano was released without having been brought before the appropriate judicial authority. The Committee therefore draws the Government's attention to the importance of this fundamental right for the exercise of trade union rights.

The Committee's recommendations

1. 124. In these circumstances, the Committee recommends the Governing Body to approve this report, in particular the following conclusion:
   • As regards the arrest of Mr. Pérez Altamirano, secretary of the CUS, while noting the Government's statement that he has been released, the Committee would recall that legislation such as that under which he was detained constitutes a major restriction on one of the essential means available to workers and their organisations to promote and defend their occupational interests. It also draws the Government's attention to the importance which it attaches to the principle that arrested trade union leaders should be brought before the appropriate judicial authorities without delay and that the safeguards of normal judicial procedures should be applied.