Focus: Establishing legal resources in Nicaragua

Abstract

INTERNATIONAL union rights Page 28 Volume 20 Issue 4 2013 FOCUS ❐ RECOGNITION AND BARGAINING SYSTEMS ed and for improving administrative procedures with the Ministry of Labour, the National Civil Services’ Appeal Commission and the Municipal Administrative Career Commissions. The greatest result for beneficiaries has been in negotiating collective agreements, the most recent one being the collective agreement with the Office of the Comptroller General of the Republic where it had never previously been possible to have an agreement registered with the Ministry of Labour Department of Individual and Collective Negotiation. This benefits more than 550 workers at national level. Trade union members who have benefited most from the work of the office have been women. Women are a majority of Nicaragua’s population, comprising more than 53 percent of the national population, yet the state and municipal sector remains very much male-dominated. There is still some way to go, although the position of women is society in Nicaragua is improving. The Sandinista government now insists on a minimum quota of 50 percent for internal party candidates as well as candidates for public office, and there is evidence of a continuing increase of women’s participation in the social and economic life of the country. Another very important achievement of the legal office is the trade union training that is carried out by legal professionals for union leaders at national level. Training has taken place on subjects that include: ■ collective agreements ■ civil service and administrative career law ■ municipal career law and its regulation ■ gender equity law ■ budgetary system law ■ municipal budgetary system law ■ municipal transfers law ■ trade union organisation More recently, the Legal Office has provided invaluable training on the implementation of the new Labour and Social Security Protection Code, which came into effect on 29 May 2013. The Code permits union leaders to represent their members before a judge in the Labour Courts, so it is important that they understand it fully. To this end, a series of workshops for union leaders has taken place around the country in order to inform union leaders about the contents of the new Code. The legal office has also been giving support and legal assistance to other trade union organisations within the national workers’ federation FNT. The achievements of the legal office have been highly positive. The Office deals with an average of 33 cases a month, and has become an essential tool in ensuring the defence of workers’ rights throughout the country. Establishing legal resources in Nicaragua Legal advice and training by qualified lawyers has been a priority for the union for a number of years LOUISE RICHARDS is Trade Union and Communications Co-ordinator at the Nicaragua Solidarity Campaign in London P rior to 2011, the Nicaraguan public sector union UNE had only limited capacity to address attacks on workers’ rights such as arbitrary sackings, denial of state benefits, sexual harassment and health and safety issues. Members, particularly low paid women workers with no resources to pay legal fees, had no recourse to justice . Although the current Sandinista Government is more supportive of trade unions than previous right wing governments, the trade unions are at pains to point out that their first priority is to defend members’ rights. In 2011, thanks to support from UNISON, its UK sister union, UNE was able for the first time ever to set up a legal office not only to address members’ problems, but also to enable UNE to negotiate collective bargaining agreements more effectively and to provide training in employment law for union leaders. UNISON financed the first phase of the office between August 2011 and August 2012 and has since approved further funding from June 2013 until May 2015. The office is now staffed by two lawyers and a legal assistant. One lawyer and the legal assistant are funded by UNISON, the other lawyer by the Spanish trade union CC.OO. The creation of an office providing legal advice and training by qualified lawyers has been a priority for UNE for a number of years. It is seen as an opportunity for not only capacity building but for strengthening and deepening the trade union movement within society, raising its profile, increasing membership...