IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning Violations of the Right to Freedom of Association in Nicaragua

December 27, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on October 31, 2023, an application before the Inter-American Court of Human Rights in Case 13,037, with regard to Nicaragua. This case concerns violations of the rights to freedom of association, trade union freedom, collective bargaining, a fair trial, and judicial protection to the detriment of members of the Ervin Abarca Jiménez Trade Union of Higher Education Professionals.

The Ervin Abarca Jiménez Trade Union of Higher Education Professionals at the National University of Engineering (UNI) was created in 1993, as a trade union for academic staff in administrative functions. It sought to represent union members before university authorities, to engage in collective bargaining, and to improve working conditions.

The board of this trade union, led by Julio Noel Canales, requested special audits amid allegations of irregularities in fund management and hiring processes at the UNI. In 2002, the State's Trade Union Department refused a request for an extension to engage in collective bargaining, which led to a judicial dispute and to the designation of conflicting leadership boards.

Despite court decisions in favor of the board led by Julio Canales, university authorities refused to recognize its authority, arguing that there was already another board. University authorities also proceeded to withhold the financial contributions made by trade union members. A 2005 court decision acknowledged that the board led by Canales was indeed valid, but that decision was revoked two years later on appeal. None of these court decisions were implemented, which affected the trade union's financial capacity.

In its Merits Report, the Commission noted that the failure to recognize the board led by Julio Canales, the persistent failure to comply with court decisions, and the act of withholding member contributions all deprived trade union members of the exercise of their rights to freedom of association and trade union freedom for more than 20 years. This affected both their individual and collective rights and prevented them from freely electing their trade union leaders and from accessing trade union representation.

The IACHR concluded that the Nicaraguan State was liable for violations of the rights to freedom of association, trade union freedom, collective bargaining, a fair trial, and judicial protection, held in Articles 8.1, 16.1, 25.1, 25.2(c), and 26 of the American Convention on Human Rights, concerning the obligations held in Article 1.1 of that instrument. The IACHR also concluded that the Nicaraguan State was liable for violations of Article 8.1(a) of the Protocol of San Salvador, to detriment of the trade union members identified in the Merits Report.

The Commission therefore recommended that the State of Nicaragua adopt the following redress measures:

1. Provide comprehensive reparations—including financial compensation and other measures—to trade union members for human rights violations.
2. Ensure the full exercise of the rights to freedom of association and trade union freedom, as well as the free operations of this trade union. Among the measures that should be adopted, the State should: a) ensure the formal registration of any board elected by trade union members and its recognition by all relevant authorities; b) order the transfer to the trade union of all member contributions withheld by judicial authorities; and c) designate an office the trade union may use for its operations.
3. To guarantee non-recurrence, the State should take legislative and administrative measures to enable the immediate registration of trade union boards, ensuring that trade unions will not be brought to a standstill by judicial procedures. The State should also ensure that labor law proceedings are resolved in a timely manner. 

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 320/23

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