Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 251, Junio 1987

1. 269. The Committee examined this case on two previous occasions (see 239th Report (May 1985), paras. 259 to 275, and 243rd Report (February 1986), paras. 419 to 446). On the first occasion, the Committee had not received any information or observations from the Government, despite an urgent appeal from the Committee; the second examination of the case took place after the direct contact mission requested by the Government with a view to resolving the trade union problems arising from several complaints against Honduras, had visited the country and submitted its report. The only question left unresolved after the most recent examination of the case concerns the situation of teachers who were dismissed following the strike of 1982; the Government had sent detailed information in this respect, but the Committee was awaiting a report from the non-recognised executive committee of the Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH) . To date, this report has not been received.
2. 270. In a communication of 18 February 1986 the WCOTP presented a number of additional allegations, enclosing a communication from the COLPROSUMAH and several articles from the Honduran press. The WCOTP sent further information in communications dated 6 March, 23 May and 4 November 1986.
3. 271. The Government of Honduras sent its observations in communications dated 20 March, 2 May and 5 November 1986, and 9 March 1987.
4. 272. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant organisation's new allegations

1. 273. In its communication of 18 February 1986, the WCOTP alleges that on 11 February some 300 members of the genuine COLPROSUMAH trade union, led by their president, Mrs. Rosario Avila de Dominguez, peacefully reoccupied the "Casa del maestro" (the COLPROSUMAH headquarters in Tegucigalpa), which had previously been taken over by a dissident group of teachers with the support of the former Honduran Government. The WCOTP reports that the "Casa del maestro" was again taken over at 2.30 a.m. on 14 February, by the unlawful dissident group of teachers, under the leadership of Mr. Pablo Portillo, a senior official of the Ministry of Education with the assistance of para-military personnel. It adds that 25 masked and heavily armed persons violently assaulted the premises, injuring several members of the genuine COLPROSUMAH, one of whom very seriously; Professors Luis Alonzo Cartagena, Adalid Ramos, Victor Cache Morales and Nicolas Romero Santos, a trade union employee, were seriously injured, while Professors Rául Mejéa, Ramón Vallecillo and Margoth Mejéa were savagely beaten. These facts were confirmed by several eye-witnesses and by the press.
2. 274. The WCOTP sent additional information on 6 March 1986, including a copy of a letter from the COLPROSUMAH's genuine executive committee to the head of the Honduran armed forces denouncing the events of 14 February undertaken by heavily armed individuals, some of which belonged to the State's security forces, and requesting that the matter be thoroughly investigated.
3. 275. In its communication of 23 May 1986, the WCOTP describes the trade union situation of teachers in Honduras. The complainant organisation states that the COLPROSUMAH "group" recognised by the Government does not represent the country's teachers; nevertheless, this group has appropriated the premises and property of the trade union and, in accordance with a government decision, it receives the proceeds of trade union dues and controls the teachers' pension fund; in other words, it has complete control over the entire structure set up by teachers in Honduras over the years. The WCOTP alleges that the non-recognised COLPROSUMAH group is the genuine representative of Honduran teachers, a criterion which it substantiates by citing the fact that 300 delegates from 78 of the trade union's 89 locals were represented at the most recent congress (December 1985) and that, in spite of this, the democratically elected executive committee has access neither to the trade union's premises nor to its assets and property. Lastly, the complainant informs the Committee that the dispute was submitted to a court which ruled in favour of the smaller, government-supported group.
4. 276. The latest communication received from the WCOTP is dated 4 November 1986; it states that the Government has yet to recognise the genuine COLPROSUMAH trade union. Instead, it has recognised a small group of persons who are clearly pro-government and who were organised by the former government of Mr. Suazo Córdoba; according to the complainant organisation, this constitutes a violation of Article 2 of Convention No. 87. The WCOTP reports that the genuine COLPROSUMAH was implicitly recognised on 16 July 1986, when the Minister of Education granted special leave for trade union activities to three trade union leaders, in accordance with section 71 of the COLPROSUMAH organic Act, which was subsequently repealed on 16 and 17 September 1986; the WCOTP encloses copies of these letters in its communication. The WCOTP further states that on 29 September 1986, the President of the Republic of Honduras signed Decision No. 4764-EP-86, which called for the creation of a working party to consider wage increases for 1987; it adds that a representative of the genuine COLPROSUMAH was appointed to the working party, and that this constitutes an implicit recognition by the Government of the majority group of teachers. None the less, the WCOTP points out that when the working party's conclusions were published, the signature of the above-mentioned representative was replaced by that of Mr. Roberto López Tinoco, a representative of the government-supported minority group, although he had not participated in the working party's negotations or discussions. This situation prompted the other trade unions involved in the working party (COPRUM, COPEMH and PRICPHMA) to issue a formal protest in a joint statement of 8 October 1986, a copy of which is attached to the WCOTP's letter.

B. The Government's reply

1. 277. In its letter of 2 May 1986, the Government of Honduras recognises that the events described by the WCOTP did in fact occur, but adds that the central Government was not involved. Nevertheless, it states that the National Congress appointed a commission of inquiry to establish the facts and the root causes of the schism in the teachers' movement. The Government assures the Committee that it will keep it informed of the Commission's findings. In conclusion, the Government states that it has no intention to interfere in the affairs of trade union organisations, and that it hopes that an extraordinary congress of all teachers will succeed in settling COLPROSUMAH's internal conflict.
2. 278. On 5 November 1986 the Government informs the Committee that the Ministry of Education appealed to the interested parties to resolve their differences in a peaceful manner. In this connection, the Government suggests that the above-mentioned commission of inquiry should help in finding a solution, and that the plebiscite it proposed might clarify the situation and allow all persons in the teaching profession to express their opinion; however, the members of the so-called genuine executive committee have proved intransingent and have not accepted this proposal. The Government adds that the National Institute of Teachers' Welfare (INPREMA) suspended the COLPROSUMAH's representation by means of resolution No. 324 (III) on 18 February 1986; this decision was appealed before the First Court of Appeals which, in a judgement of 23 April 1986, unanimously and without reservation recognised Professors Roberto López Tinoco and Idalia Portillo de Zelaya as the organisation's lawful representatives for the period 13 December 1984-13 December 1986; at the same time, the court overturned the resolution of 18 February. The Government states that the President of the Republic has made every effort to promote a settlement to the dispute so far as circumstances allow; on 29 September 1986 he signed Decision No. 4764-EP-86 appointing a working party to study, analyse and propose alternatives concerning the general wage increase for 1987 for teachers connected with the Public Education Secretariat; this working party is made up of the lawful representatives of teachers' organisations, including the COLPROSUMAH. The Government states that this working party was successful in negotiating an agreement signed by the Government and teachers' representatives on 8 October.
3. 279. In its last communication of 9 March 1987, the Government informs the Committee of recent developments in the case which, according to the Government, took place in a climate of harmony and freedom, without any interference whatsoever. In accordance with the COLPROSUMAH's by-laws, elections were held on 21 February 1987 to appoint the organisation's new leaders for the next two-year period. Owing to their differences, the "genuine" faction and the "democratic" faction elected their respective representatives unilaterally. In order to obtain official recognition and the legitimacy of the committees so elected, each of the factions appeared before the COLPROSUMAH's tribunal, which, in accordance with the organisation's internal regulations, was responsible for settling the dispute. The Government encloses a certificate dated 25 February 1987, issued by the President and the Secretary of Internal Affairs of the democratic executive committee, which lists the names of persons belonging to the COLPROSUMAH's executive committee, tribunal and administrative committee as at 13 December 1986.

C. The Committee's conclusions

1. 280. Two questions were raised when the Committee examined this case at its May 1985 and February 1986 meetings. The first, concerned allegations that the Government had interferred in the by-laws of an organisation and in the election of trade union leaders through the adoption of an Act of 1983 concerning the by-laws of the teachers' organisation, the COLPROSUMAH. The Committee firmly noted that in ratifying Convention No. 87, the Government had agreed to allow workers' organisations the right to formulate their by-laws and administrative regulations and to elect their representatives freely. Thus, the Committee requested the Government to indicate the measures it envisaged to repeal the provisions of national legislation which were incompatible with the Convention, and to allow the organisation in question to formulate its own by-laws, in accordance with Article 3 of Convention No. 87. The second question concerned the non-reinstatement of 31 teachers identified by name, who had been dismissed following a strike in 1982. The Committee considered that these dismissals, which were based on strike activities, constituted a serious case of discrimination in employment on the basis of lawful trade union activities, and a violation of Convention No. 98, which Honduras has ratified. It urged the Government to indicate the measures it envisaged to obtain the reinstatement of the dismissed teachers. The Committee adjourned its examination of these allegation pending receipt of a detailed account concerning the situation of the dismissed teachers from the non-recognised executive committee of COLPROSUMAH. However, the Committee has not yet received this information.
2. 281. In the light of the new allegations, the Committee notes that the dispute between the two factions of the COLPROSUMAH, in other words between the so-called "genuine" committee and the so-called "democratic" committee, which can be traced to the 1982 strike, has not yet been settled.
3. 282. In the first place, the Committee notes with regret that this dispute degenerated into violence when the executive committee recognised by the Government sought to regain possession of the COLPROSUMAH premises following their reoccupation by the non-recognised executive committee. The Committee notes that according to the complainant organisation, the assault was carried out at 2.30 in the morning: the circumstances surrounding this attempt by a faction which sees itself as legitimate, to recover the premises which it considers legally to be its own, appears to the Committee to be significant. The Committee notes that the allegation that the armed commando was led by a senior official of the Ministry of Education was not contested by the Government, but on the contrary, that it prompted the National Congress to appoint a commission of inquiry to examine the facts and the causes of the schism in the representation of teachers. Nevertheless, the Committee notes that the plebiscite proposed by this commission with a view to clarifying the situation and giving all teachers the opportunity of expressing their opinion, was spurned by the non-recognised executive committee. The Committee regrets that the parties are hardening their positions, since it would appear that the only way to resolve this dispute is through negotiation and dialogue.
4. 283. According to information supplied by the Government in its communication of 5 November, the Committee notes that the legitimacy of the recognised executive committee of the COLPROSUMAH was upheld in court. Nevertheless, the Committee recalls that the legislative foundation of the COLPROSUMAH is its Organic Act of 1983 (Decree No. 170-83), which has been contested by the non-recognised executive committee on the grounds that it was adopted by the National Congress at the request of the executive committee recognised by the authorities, but without the COLPROSUMAH's participation. Consequently, it is the Committee's understanding that any decision, even by the courts, which is based on the application of this text, would not be acceptable to the so-called "genuine" faction of the COLPROSUMAH.
5. 284. It appears to the Committee that the Government has shown a sincere willingness to resolve the dispute to the satisfaction of both parties. Thus, the Committee notes that the President of the Republic appointed a working party on 29 September 1986 to discuss wage increases for teachers for 1987; according to the complainant organisation, the non-recognised executive committee participated in these discussions and this represents a de facto recognition of this so-called genuine group by the Government. Nevertheless, according to the complainant, the final document adopted by the working party was not signed by all of the participants, since the only signature on behalf of the COLPROSUMAH is that of Dr. Roberto López Tinoco, president of the recognised executive committee, who is alleged not to have participated in the working party's deliberations. The Committee notes that the Government did not reply to this allegation.
6. 285. As regards the current status of affairs, the Committee observes that elections took place on 21 February 1987; it has received information concerning these elections from the Government, but not from the complainants. The Committee notes that, owing to their differences, the two factions held separate elections and that proceedings are now pending before the COLPROSUMAH internal tribunal in order to settle the question of the legitimacy of one or the other of the newly elected executive committees. This situation is a source of concern since the COLPROSUMAH's certificate attached to the Government's letter of 9 March 1987 shows that the tribunal was appointed at the same time and by the same persons as the executive committee. Consequently, the Committee wonders if a dispute concerning such elections can be fairly settled by a body whose authority derives from the same source as that of one of the parties in the case.
7. 286. In these circumstances, the Committee considers that the dispute concerns the internal management of an occupational organisation, and that for this reason, does not fall within its competence, unless the Government has interferred in a manner which might affect the exercise of trade union rights and the normal functioning of an organisation (see 217th Report, Case No. 1086 (Greece), para. 93). As the Committee already observed during its previous examinations of this case, it considers that the Government has in fact interferred in this case by favouring one faction to the detriment of the other, in particular, through the adoption of the COLPROSUMAH Organic Act in 1983, on which the COLPROSUMAH executive committee recognised by the Government bases its legitimacy. The Committee draws the Government's attention to the general principle according to which freedom of association implies the right of workers (and employers) to organise their affairs and activities without any interference on the part of the public authorities. The Committee recognises that the Government is ready to play a role in resolving the dispute, and considers that it could do so without interferring in the affairs and activities of the organisation, for example, by promoting a process of conciliation through mutually acceptable machinery, and also by promoting free elections which would determine the representativity of each of the factions.