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Abolition of Forced Labour Convention, 1957 (No. 105) - Honduras (RATIFICATION: 1958)

Other comments on C105

Observation

1999

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The Committee notes the observations of the Honduran National Business Council (COHEP) received on 30 August 2022, in which it indicates that it does not have information on the issues raised by the Committee.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour imposed for expressing political views or views opposed to the established political, social or economic system. In its previous comments, the Committee observed that the new Penal Code adopted in 2019 still envisages the offences of defamation (section 230) and the propagation of false news or information (section 573), which are punishable by sentences of imprisonment involving compulsory labour (under the terms of section 75 of the Act of 2012 on the national prison system and sections 5 and 6(2) of the Act of 2015 respecting work by detainees and the imprisonment of highly dangerous and aggressive persons).In response to the Committee’s request for information on the application in practice of the above provisions of the Penal Code, the Committee notes the Government’s indication in its report that there are rulings by the court of cassation respecting prosecutions of journalists and human rights defenders for slander and defamation. The Government adds that there is a Presidential Commission entrusted with addressing matters related to cases involving political prisoners.

The Committee further notes that, in a joint communication of July 2021, the Inter-American Commission on Human Rights and the Office of the High Commissioner for Human Rights in Honduras noted with concern the undue use of the penal system for the harassment of human rights defenders, especially in matters relating to the defence of the territory of indigenous and Afro-Honduran communities.

The Committee recalls that Article 1(a) of the Convention affords protection to persons who express political views or express opposition to the established political, social or economic system by providing that they may not be punished in relation to these activities with penalties involving compulsory labour. The Committee observes that the sentences handed down for offences of defamation provided by the Government are not related to activities covered by Article 1(a) of the Convention and requests the Government to continue to ensure that the above provisions of the Penal Code are not used to punish persons who express certain views or peaceful opposition to the established political, social or economic system through the imposition of sentences of imprisonment involving compulsory prison labour. It also requests the Government to continue providing information on any judicial decisions handed down under sections 230 and 573 of the Penal Code and on the acts that gave rise to those sentences.

Article 1(d). Penal sanctions involving compulsory labour imposed for participating in strikes. The Committee previously noted that, under the terms of section 561 of the Labour Code, the courts may hand down penal sanctions for offences and misconduct during an unlawful strike, and it requested the Government to provide information on the application of this provision in practice. The Committee notes the Government’s indication that there is no information on prosecutions initiated under section 561 of the Labour Code.

The Committee recalls that in its 2021 comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it referred to the broad scope of certain offences envisaged in the Penal Code and their possible impact on the free exercise of trade union activities. It noted the Government’s indication that a process of tripartite consultation had been commenced on the impact of certain provisions of the Penal Code.

The Committee requests the Government to provide information on any penal sanctions imposed by the common courts for misconduct or offences committed during an unlawful strike, as envisaged in section 561 of the Labour Code. It also requests the Government to provide information on the conclusions of the tripartite consultation process on the scope and impact of certain provisions of the Penal Code.