GOVERNMENT DECLARES MEDICAL STRIKE ILLEGAL, BUT

UNCLAS MANAGUA 000193

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR WHA/CEN

E.O. 12958: N/A
TAGS: PGOV SOCI ELAB ECON EFIN NU
SUBJECT: GOVERNMENT DECLARES MEDICAL STRIKE ILLEGAL, BUT
FSLN UNIONS THREATEN TO ESCALATE CONFLICT



1. (SBU) SUMMARY: A widespread strike of medical workers,
led by a Sandinista (FSLN)-affiliated union, has paralyzed
most Nicaraguan public hospitals for the last week. On
January 20, the Minister of Labor declared the strike
illegal, allowing the Ministry of Health to fire striking
union leaders. However, the FSLN-controlled courts have
predictably sided with the union, overruling both government
actions. Amid media reports of people with critical health
problems and injuries going untreated, the United Nations
agencies in Nicaragua issued a pronouncement reminding all
involved in the labor dispute of their responsibilities to
their fellow citizens. There are also signs that the medical
strike may be only the first in a wave of FSLN-fomented labor
conflicts and street violence in a familiar attempt to
pressure and discredit the GON during an election year. END
SUMMARY.

LABOR MINISTER DECLARES MEDICAL STRIKE ILLEGAL
- - - - - - - - - - - - - - - - - - - - - - - -


2. (U) On January 20, Minister of Labor Virgilio Gurdian
declared illegal a strike of medical workers that began in
November with partial work stoppages, but has grown into a
near-total shutdown of public hospitals since January 18.
The labor minister's declaration gave striking workers 48
hours to return to work and threatened those who refused with
firing by the Ministry of Health (Minsa). Gurdian stated
that he made his decision because lives are being endangered
by the strike and the medical workers unions involved in the
strike have not followed all of the proper administrative
procedures required for a legal work stoppage. While some
medical workers returned to their jobs after the Labor
Ministry's announcement, most did not, and the 48-hour grace
period expired at 3 p.m. on January 22. Minister of Health
Margarita Gurdian announced the first firings, of nine union
leaders, on January 23. The health minister reiterated that
Minsa has accepted a 13.75-percent salary increase, but
simply cannot fund the 70-percent pay hike the unions are
demanding.


3. (SBU) On January 24, Labor Minister Gurdian told poloff
that his decision to declare the strike illegal was based on
strong legal ground. First, the striking medical workers had
not complied with all the procedures mandated for a legal
strike. Second, the labor code specifically states that the
Ministry of Labor can declare a strike illegal if it
threatens to endanger lives, which the "total" work stoppage
has done. Finally, on a political level, Gurdian asserted
that his declaration was a lever for the government as it
sought to pressure strike leaders to match the pressure they
were exerting via their complete work stoppage. Gurdian
noted that he had expected the Managua appeals court to side
with the medical union and throw out his declaration (which
it did on January 24),describing this as yet another example
of the judiciary interfering in affairs that are the
exclusive purview of his ministry.

U.N. REPRESENTATIVES REMIND GON AND UNIONS OF THEIR
RESPONSIBILITIES
- - - - - - - - - - - - - - - - - - - - - - - - - -


4. (U) In response to widespread media reports of people with
critical health problems going untreated because of the
strike, on January 21, the local representatives of United
Nations organizations in Nicaragua (UNDP, WHO, UNICEF, UNFPA)
made the unusual move of issuing a joint public pronouncement
calling on all involved in the labor conflict to ensure that
no one is denied critical medical care. The UN officials
noted that such care is a requirement of the United Nations
charter, UN Declaration on Human Rights, the Nicaraguan
constitution, and numerous other Nicaraguan laws. Although
the UN statement was careful not to take sides in the labor
dispute and called on all parties to behave responsibly, it
seemed directed primarily at the striking medical workers,
and exhorted them not to neglect their duties and the human
rights of their fellow citizens.


5. (SBU) On January 24, UNDP Country Representative and UN
Country Coordinator Alfredo Missair told poloff that he and
his UN counterparts had issued the pronouncement in order to
inject an "ethical dimension" into the labor dispute, and to
try to provide both Minsa and the striking union a way to
back down from extreme positions and negotiate. It was for
this reason that the statement had reminded both sides of
their responsibilities and suggested ways out of the impasse.
Missair believes that the pronouncement has helped to nudge
Minsa and the doctors back to the negotiating table and had
softened their positions. Missair added that while his
predecessor, Jorge Chediek, had become deeply involved in
political negotiations throughout much of 2005 intended to
prevent the removal of the Bolanos government from office and
restore governability, he (Missair) prefers a less political
role for the UN agencies and has withdrawn them from the
Nicaraguan political fray. However, he and his counterparts
will inject an ethical, non-partisan dimension to divisive
issues and make their views known when appropriate, both to
suggest solutions to problems and to promote development of a
more democratic and responsible culture of politics and
citizenship in Nicaragua.

COURTS SIDE WITH UNION (AS USUAL) AND STRIKE GOES ON
- - - - - - - - - - - - - - - - - - - - - - - - - -


6. (U) In response to the U.N. statement, negative media
reports and the actions of the labor and health ministers,
union leaders have denied that their strike has deprived
anyone of critical medical care. They also immediately
appealed the Labor Ministry's ruling and the nine firings in
the (Sandinista-controlled) courts, continued to occupy
public hospitals, and declared that they will disregard any
firings ordered by Minsa. On January 24, the Managua court
of appeals sided with the medical workers' union on all
issues, declaring both the Minister of Labor's ruling and the
subsequent Minsa firings as null and void. Both the
Ministers of Labor and Health reluctantly accepted the
ruling, but Margarita Gurdian claimed that it did not reverse
the firing of the nine union leaders; she insisted that the
court's action only blocked additional firings. Unless
ongoing negotiations between Minsa and the union resolve the
labor conflict, the various legal issues and appeals will
eventually have to be resolved by the Supreme Court.

COMMENT
- - - -


7. (SBU) On the political level, numerous other
Sandinista-affiliated unions are also threatening strikes and
violence in an apparent effort to intimidate the government.
The principal FSLN teachers union (ANDEN) is publicly
predicting strikes for early February and Sandinista
transportation cooperatives are demanding fare increases,
while several other major unions--representing agricultural
workers, university students and additional medical
workers--are all threatening street violence if their various
demands are not met. Whatever the (often dubious) substance
of the various unions, demands, political observers are
speculating that Daniel Ortega and the FSLN leadership are
beginning their campaign of election-year rabble-rousing.
Even independent Sandinista dissident/presidential candidate
Herty Lewites has described the threatened strikes as
politically orchestrated by Ortega. Ortega is likely
"responding" to President Bolanos, recent call for a
referendum to decide the fate of the various FSLN-driven
constitutional reforms approved by the National Assembly
during 2005.
TRIVELLI