ILO Governing Body, 350th session - Complaint alleging non-observance by Nicaragua of Conventions Nos 87, 98, 111 and 144 - EU Statement

ILO Governing Body, 350th session

4 – 14 March 2024

Complaint alleging non-observance by Nicaragua of Conventions Nos 87, 98, 111 and 144, filed by various delegates at the 111th Session (2023) of the International Labour Conference under article 26 of the ILO Constitution

Geneva, 12 March 2024

EU statement

Chair,

The candidate countries North Macedonia*, Montenegro*, Albania*, Ukraine, Republic of Moldova, the EFTA countries Iceland and Norway, members of the European Economic Area, as well as Switzerland, align themselves with this statement.

I have the honour to speak on behalf of the European Union and its Member States.

1. The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in its indispensable role in developing, promoting and supervising the effective implementation of ratified international labour standards and of fundamental Conventions in particular.
2. We thank the Office for preparing this report on the complaint against the Nicaraguan authorities under article 26 of the ILO Constitution, alleging non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87), the Right to Organise and Collective Bargaining Convention, 1949 (no. 98), the Discrimination (Employment and Occupation) Convention, 1958 (No.111), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).  We also thank the Director-General for having transmitted it to the Nicaraguan authorities.
3. The EU and its member states are deeply concerned about the labour rights situation in Nicaragua, including reported acts of intimidation and harassment against independent workers’ and employers’ organisations as well as the allegations of arbitrary arrests and detentions. Various UN Bodies including the United Nations Human Rights Council have also expressed their concern at the human rights situation, including the destruction of civic and democratic space in Nicaragua. We deplore that human rights violations are continuing and worsening in the country.
4. We are deeply concerned by the authorities’ failure to take any action to follow up on the conclusions of the 110^th and the 111^th Conference Committee on the Application of Standards in respect of Convention No. 87 and Convention No. 111.  This was also noted with deep concern by the Committee of Experts on the Application of Conventions and Recommendations in its recent comments.
5. We deplore the decision by the Nicaraguan authorities to exile members of employers’ organisations, including COSEP, and of trade unions and render them stateless, thereby impeding the free exercise of their rights and freedoms, including the right of association and of expression.
6. The authorities have also failed to adopt the necessary measures to eliminate discrimination in employment and occupation and to provide adequate protection for workers in the event of discrimination, violence and harassment on the basis of political opinions.
7. We would like to urge Nicaragua to effectively implement the fundamental ILO Conventions in both law and practice, meeting the obligations it committed itself to by being a member of the ILO.
8. It is regrettable that the Nicaraguan authorities have rejected the complaint under article 26 of the ILO Constitution. The EU remains open to a genuine dialogue on these and other topics of interest. We will continue to monitor the situation closely and support the people of Nicaragua in their legitimate aspirations, including on labour rights.
9. In light of the considerations and concerns raised above we can support the decision point.

Thank you Chair.