Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2590 (Nicaragua) - Complaint date: 09-AUG-07 - Closed

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

1. 158. The Committee last examined this case at its November 2008 meeting and on that occasion urged the Government once again to take the necessary steps to ensure that Mr Chávez Mendoza was reinstated in his post without loss of pay until the judicial authority had ruled on his dismissal, and asked the Government to keep it informed in that regard and to send a copy of the final ruling as soon as it was handed down. The Committee requested the Government to take the necessary steps to ensure that an independent investigation was carried out to determine whether there was in fact an anti-union policy against trade unions that were not in agreement with the Government and, if these allegations were shown to be true, to put an immediate end to such anti-union measures and to guarantee free exercise of the trade union activities of those organizations and their officials [see 351st Report, paras 151–153].
2. 159. In a communication dated 22 December 2008, the Government reiterates the statements made in its communication of 12 May 2008, when it indicated that workers in Nicaragua have at their disposal two possible ways of enforcing their rights, namely, administrative, through the Ministry of Labour, and judicial, through the labour courts. In this case, Mr Donaldo José Chávez Mendoza chose the second option, and proceedings are under way before the competent court.
3. 160. The Committee regrets that the Government has not communicated the information requested, which suggests that the Government has not taken the measures it had requested; it therefore reiterates its previous recommendations.