Effect given to the recommendations of the committee and the Governing Body - REPORT_NO344, March 2007

Effect given to the recommendations of the Committee and the Governing Body

1. 85. At its meeting in June 2004, the Committee: (i) noted with interest that the authorities had abandoned the lawsuit intended to suspend the legal personality of the complainant organizations and requested the Government to keep it informed of any new decision in relation to this case; and (ii) invited the Government and the trade union organizations to find a negotiated solution to the unresolved issues before the judicial authority and to keep it informed in this respect [see 342nd Report, para. 107].
2. 86. In its communication of 3 November 2006, the Government states that, following the acquittal of Nelson Edgardo Cálix, former president of the Association of Secondary Teachers of Honduras (COPEMH), Mr Avila lodged an appeal in cassation with the Supreme Court of Justice, which in its ruling of 30 May 2005 on the appeal annulled the judgement and hearing and ordered the case to be retried with different judges. In view of this ruling, Mr Carlos Avila Molina, not wishing to maintain the action, dropped the case. With regard to the action brought by the teachers’ organizations, COPEMH and the Professional Association of School Teachers of Honduras (COPRUMH), before the Administrative Disputes Court relating to the imposition of fines (500 lempiras), the procedure is following its course and the ruling is awaited. It should be recalled, with regard to the latter case, that the Office of the Attorney General of the Republic made an offer to the teachers’ organizations to suspend the fines, but the organizations did not accept the offer and decided to proceed with the case.
3. 87. The Committee notes the Government’s statement that the case against trade union official Mr Nelson Edgardo Cálix has been dropped. The Committee requests the Government to inform it of the outcome of the action relating to the fine of 500 lempiras imposed on the teachers’ organizations COPEMH and COPRUMH.