RESOLUTION NO. 59/82
In a communication dated April 21, 1980, the Inter-American
Commission on Human Rights received the following complaint:
SEAMNEíS UNION. The
members of this union have been threatened by members of the Sandinista
Workerís Union (C.S.T.) in the sense that they would be made to join
it. Also, members of the
C.S.T. have provoked a division within the affiliated with the
Sandinista Workerís Union. There
is some amount of uncertainty among workers, due to the fact that the
vacancies that have been obtained for the Seamneís Union have been
grabbed by members of the C.S.T.
the identity cards given to sailors to enter the Port Authority Zone to
search for vacancies aboard ships have been cut off and declared
nonvalid thus forcing members of the Nicaraguan Seamenís Union to join
In a written communication of June 8, 1980, the Commission
transmitted the pertinent parts of the complaint to the Government of
Nicaragua requesting that it provide the information it deemed
Not receiving any reply from the Government of Nicaragua, the
Commission, in a written communication of February 2, 1981, repeated its
request for information indicating the possible application of Article
39 of the Regulations with respect to the presumption of the truth of
the facts. To date the IACHR has not received any reply from the
Government of Nicaragua.
That Article 39 of the Regulations established the following:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
That, to date the Government of Nicaragua has not answered the
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
In application of Article 39 of the Regulations, to presume the
facts denounced in a communication of April 21, 1980, to be true.
To declare that the Government of Nicaragua violated the right to
freedom of association (Article 16) of the American Convention on Human
To recommend to the Government of Nicaragua that it restore the
freedom of association and cease the verbal threats coercing workers to
join the Sandinista Workerís Union.
To communicate this resolution to the Government of Nicaragua and
to the complainants.
If after a period of sixty days the Government of Nicaragua ha
not furnished information with respect to the measures taken, the
Commission will include this resolution in its Annual Report to the
General Assembly of the Organization of American States, in accordance
with Article 59, paragraph (g) of the Commissionís Regulations.