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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Honduras (RATIFICATION: 1956)

Other comments on C087

Observation

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The Committee notes the observations of the Honduran National Business Council (COHEP) sent by the Government together with its report. The Committee also notes the observations of the International Trade Union Confederation (ITUC) and the Authentic Trade Union Federation of Honduras (FASH), received on 27 September and 7 November 2023, respectively, which relate to matters examined in the context of the present observation and also contain allegations of anti-union dismissals. The Committee requests the Government to send its comments in this respect.

Trade union rights and civil liberties

In its previous comment, having expressed deep concern at the persistence of acts of anti-union violence and the lack of sufficient progress in taking specific and rapid measures in this regard, the Committee once again urged the Government and all the competent authorities to: (i) take specific and rapid measures, including budgetary measures, to comply fully with the elements in the tripartite agreement, signed after the direct contacts mission 2019, concerning action against anti-union violence, giving the Committee on Anti-Union Violence, also established in 2019, the necessary and vital impetus for it to succeed in the performance of its functions, and ensuring the active involvement of all relevant authorities; (ii) institutionalize and make effective the participation of the representative trade unions in the National Council for the Protection of Human Rights Defenders; (iii) draw up a special investigation protocol to enable the Office of the Public Prosecutor to examine, systematically and effectively, any anti-union motives behind the acts of violence affecting members of the trade union movement; (iv) ensure that the criminal courts give priority treatment to cases of anti-union violence; and (v) ensure adequate and prompt protection for all at-risk members of the trade union movement. The Committee also requested the Government to continue providing detailed information on criminal investigations and proceedings relating to acts of violence against members of the trade union movement, including in relation to the murder of Jorge Alberto Acosta Barrientos and of Oscar Obdulio Turcios Fúnes, on 17 November 2019 and 13 July 2020, respectively.

The Committee notes the Government’s indication that, according to a report by the Prosecutor for Crimes against Life, of the 12 cases currently under investigation and prosecution, final judgments have been handed down in 2 cases and 10 are still under investigation. The Government states that the investigation into the death of Oscar Obdulio Turcios Fúnes is still ongoing. The Government also provides statistical information concerning crimes of threats and usurpation, without indicating what these statistics refer to, or their relation to acts of anti-union violence.

The Committee notes with deep concern that the Government has not provided any further information concerning the progress made in the investigations and prosecutions relating to specific cases of murders of members of the trade union movement. The Committee also observes that the Government does not indicate in which two cases final judgments have been handed down. The Committee recalls that, as observed in its previous comment: (i) seven cases remain under investigation (the murders of Sonia Landaverde Miranda, Alfredo Misael Ávila Castellanos, Evelio Posadas Velásquez, Juana Suyapa Posadas Bustillo, Glenda Maribel Sánchez, Fredy Omar Rodríguez and Roger Abraham Vallejo) and (ii) five cases remain before the courts (the arrest warrants for the murders of Alma Yaneth Díaz Ortega, Uva Erlinda Castellanos Vigil, José Ángel Flores and Silmer Dionisio George remain to be issued and the conviction against the perpetrator of the murder of Claudia Larissa Brizuela is under appeal). In addition to those 12 cases, the Committee recalls that the Government had provided information on the investigations carried out by the Special Prosecutor for Crimes against Life to shed light on the murder, on 17 November 2019, of Jorge Alberto Acosta Barrientos.

The Committee recalls that in its previous comment, it noted with concern the slow progress in the investigations of murders committed almost a decade ago, and the low number of judicial convictions to date. The Committee most particularly and deeplyregrets that it has not received any information on the progress in these investigations and emphasizes once again that justice delayed is justice denied. The Committee also regrets that it has not received any information from the Government relating to protection measures taken in respect of members of the trade union movement who are at risk.

The Committee notes that COHEP and FASH express concern about unresolved cases related to anti-union violence and indicate that anti-union violence continues to increase. The Committee notes that, according to statistical data provided by COHEP, between 2020 and 2022, the impunity rate for homicides in the country ranged from 87 to 95 per cent. The Committee recalls that the Committee on the Application of Standards examined the application of the Convention in 2018 and 2019 and noted with grave concern the absence of convictions against the perpetrators of the crimes, which created a situation of impunity reinforcing the climate of violence and insecurity. The Committee notes that COHEP and FASH emphasize that they have not received any update on the investigations and criminal proceedings concerning acts of violence that have affected members of the trade union movement from either the Committee for the Handling of Disputes referred to the ILO (MEPCOIT) or the Committee on Anti-Union Violence. Both COHEP and FASH also express concern about the limited impact of the Committee on Anti-Union Violence. The Committee recalls that the Committee on Anti-Union Violence was established after the Office conducted a technical assistance mission in 2019 to support the implementation of the tripartite agreement signed following the direct contacts mission. The Committee notes with regret that, according to COHEP and FASH, although the Committee on Anti-Union Violence was moderately functioning from 2019 to June 2021, it has not been functioning for two years and did not hold any meetings in 2023.

In the light of the above-mentioned concerns, the Committee firmly urges once again the Government and all the competent authorities to: (i) take specific and rapid measures, including budgetary measures, to comply fully with the elements in the tripartite agreement of 2019 concerning action against anti-union violence, ensuring that the Committee on Anti-Union Violence holds its meeting and giving it the necessary and vital impetus for it to succeed in the performance of its functions, ensuring the active involvement of all relevant authorities; (ii) institutionalize and make effective the participation of the representative trade unions in the National Council for the Protection of Human Rights Defenders; (iii) draw up a special investigation protocol to enable the Office of the Public Prosecutor to examine, systematically and effectively, any anti-union motives behind the acts of violence affecting members of the trade union movement; (iv) ensure that the criminal courts give priority treatment to cases of anti-union violence; and (v) ensure adequate and prompt protection for all at-risk members of the trade union movement. The Committee urges the Government to report in the near future on the progress made on each of these points, as well as the progress made in the investigations and prosecutions relating to the acts of violence that have affected members of the trade union movement.

Legislative issues

Articles 2 et seq. of the Convention. Establishment, autonomy and activities of trade unions. The Committee recalls that it has been requesting the Government for many years to amend the following provisions of the Labour Code to bring them into conformity with the Convention:

the exclusion from the rights and guarantees of the Convention of workers in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1));
the prohibition of more than one trade union in a single enterprise (section 472);
the requirement of at least 30 workers to establish a trade union (section 475);
the requirement that the officers of a trade union must be of Honduran nationality (sections 510(a) and 541(a)), be engaged in the corresponding activity (sections 510(c) and 541(c)) and be able to read and write (sections 510(d) and 541(d));
the prohibition on strikes called by federations and confederations (section 537);
the requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563);
the authority of the competent minister to end disputes in oil industry services (section 555(2));
government authorization or a six-month period of notice for any suspension of work in public services that do not depend directly or indirectly on the State (section 558);
the referral to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services that are not essential in the strict sense of the term (sections 554(2) and (7), 820 and 826).

In its previous comment, after regretting that there had been no progress in the tripartite discussion process envisaged in the tripartite agreement signed in 2019, the Committee reiterated that while it was aware of the obstacles that the COVID-19 pandemic might have raised, it trusted that the Government, with the technical support of the Office, would move forward as soon as possible with holding tripartite discussions and make progress in the preparation of the reforms that had been requested for many years. The Committee encouraged the development of agreements in the framework of the Economic and Social Council (CES) that reflect the recommendations of the Committee. The Committee notes the Government’s indication that: (i) the CES remains firmly convinced that social dialogue is a useful and appropriate mechanism for reaching the necessary agreements and reflecting the Committee’s recommendations; (ii) the various technical bodies attached to the Technical Secretariat of the CES should be revived in the short term, with a view to holding the appropriate discussions to facilitate decision-making at the highest level of the CES; (iii) although the Technical Secretariat of the CES requested in March and December 2022, as well as in February 2023, that the worker, government and employer sectors accredit their representatives to form sectoral committees (technical bodies), including the MEPCOIT, to date, it has only received a reply from the employer sector through COHEP; and (iv) although the CES addressed a wide range of issues in 2022, no issues related to the reforms to the Labour Code that were linked to freedom of association were discussed. The Committee also notes that the ITUC stresses the need for immediate action to be taken to amend the above-mentioned provisions of the Labour Code to bring them into conformity with the Convention. The Committee also notes that FASH indicates its willingness to discuss possible reforms to the Labour Code.

The Committee once again notes with regret that, although it has been requesting an amendment to the provisions of the Labour Code for several years, no progress has been made in this respect. The Committee strongly encourages the Government and all the parties concerned, with the technical support of the Office, to make every effort to revive the various technical bodies attached to the Technical Secretariat of the CES and to hold tripartite discussions to enable progress to be made in the implementation of the reforms that have been requested for many years. The Committee requests the Government to report on any developments in this regard.

New Penal Code. In its previous comment, after noting some concerns regarding the impact of certain provisions of the Penal Code adopted in 2020 on the free exercise of trade union activities, the Committee requested the Government to provide information on the consultation process initiated in this respect. The Committee notes that the Government describes in detail the issues addressed by the CES at its meetings and observes that these meetings did not address issues related to the Penal Code. The Committee also notes that, according to COHEP, a new Government took office on 27 January 2022 and most of the technical staff of the executive branch was removed, so it is unclear whether the Ministry of Labour and Social Security has continued since then the consultation process on the Penal Code. The Committee regrets that it does not have any information on the consultation process in question and once again requests the Government to provide information in this regard.

Application of the Convention in practice. In its previous comment, while aware of the obstacles that the COVID-19 pandemic may have created in relation to the operation of the MEPCOIT, the Committee emphasized the essential role that the MEPCOIT could and must play in the resolution of industrial disputes and hoped that it would resume its activities at the earliest possible opportunity. The Committee notes the Government’s indication that, although it recognizes the MEPCOIT as a privileged space for addressing various issues and reaching consensus to reduce conflict and harmonize industrial relations, the MEPCOIT has not held any meetings since 2021. The Government expresses the wish that dialogue resume and that the MEPCOIT meet the commitments set out in the tripartite agreement concluded in 2019. The Committee also notes that, according to the Government, the Technical Secretariat of the CES requested in 2022 and early 2023 that the worker, government and employer sectors accredit their representatives to form sectoral committees (technical bodies), including the MEPCOIT, and that to date, it has only received a reply from the employer sector through COHEP. The Committee notes with regret that even though several years have passed since its establishment and despite the role, as recognized by the Government, it can play in the resolution of labour disputes, the MEPCOIT has not been able to meet. Noting the Government’s indications regarding the accreditation of the representatives of the various sectors to form sectoral committees (technical bodies), including the MEPCOIT, and recalling the essential role that the MEPCOIT can and must play in the resolution of labour disputes, the Committee urges the Government and all the parties concerned to make every effort to ensure that this committee resumes its activities as soon as possible. The Committee requests the Government to report on this matter.

The Committee requests the Government to take, as soon as possible, the necessary measures to bring its legislation and practice into conformity with the Convention. The Committee strongly encourages the Government to redouble its efforts to ensure that the Committee on Anti-Union Violence and the MEPCOIT resume their meetings and that progress is made in respect of the above-mentioned measures through social dialogue. The Committee reiterates that the technical assistance of the Office is at its disposal and requests the Government to provide detailed information in its next report on any progress made with regard to the issues raised.