Informe provisional - Informe núm. 243, Marzo 1986

419. The Committee on Freedom of Association at its meeting in May 1985, in considering the cases concerning Honduras (Nos. 1216 and 1271) requested the Government to accept a direct contacts mission, given the gravity of the allegations and the lack of information available concerning Case No. 1216 (see 239th Report of the Committee, para. 258), and in order that the various aspects of Case No. 1271 might be fully examined (see 239th Report, para. 275) . Moreover, at its November 1985 meeting, the Committee expressed the hope that the direct contacts mission would be able to obtain information on the allegation pending in connection with Case No. 1307 (see 241st Report, para. 749). Finally, an allegation made in the context of Case No. 1268 was still pending before the Committee (see 234th Report, para. 384).

1. 419. The Committee on Freedom of Association at its meeting in May 1985, in considering the cases concerning Honduras (Nos. 1216 and 1271) requested the Government to accept a direct contacts mission, given the gravity of the allegations and the lack of information available concerning Case No. 1216 (see 239th Report of the Committee, para. 258), and in order that the various aspects of Case No. 1271 might be fully examined (see 239th Report, para. 275) . Moreover, at its November 1985 meeting, the Committee expressed the hope that the direct contacts mission would be able to obtain information on the allegation pending in connection with Case No. 1307 (see 241st Report, para. 749). Finally, an allegation made in the context of Case No. 1268 was still pending before the Committee (see 234th Report, para. 384).
2. 420. At the 71st Session of the International Labour Conference (Geneva, 1985) the Government representative of Honduras formally requested that the direct contacts be carried out in order to elucidate the situation and to bring the country's legislation into conformity with Conventions Nos. 87 and 98.
3. 421. Subsequently, the Government of Honduras, in a communication dated 29 November 1985, agreed that the mission should take place from 7 to 11 January 1986.
4. 422. The Director-General of the ILO appointed as his representative to carry out this mission Mr. Andrés Aguilar, ex-president of the Inter-American Commission on Human Rights, and a member of that Commission and the Committee on Human Rights. The mission took place in Tegucigalpa on the dates mentioned above. Mr. Alberto Odero, a member of the Freedom of Association Branch of the International Labour Standards Department, and Mr. Luis Zamudio, Regional Adviser on Standards, accompanied the representative of the Director-General during the mission.
5. 423. The mission held talks with His Excellency Mr. Amado H. Núñez, Minister of Labour and Social Welfare, and with senior officials of the Ministry, as well as representatives of the employers' and workers' organisations.
6. 424. 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).
7. 425. The Committee wishes first of all to thank Mr. Andrés Aguilar for having agreed to carry out the direct contacts mission and for his detailed report on the pending cases, which made it possible for the Committee to examine them. The Committee considers that the report of the representative of the Director-General shows how useful missions of this kind are in elucidating the matters arising from allegations by the complainant organisations.
8. 426. Since the content of the allegations and the information supplied by the Government, as well as the information obtained by the representative of the Director-General during the mission are contained in the mission report (see Annex), the Committee may proceed directly to formulate its conclusions on the various cases.

A. General conclusions

1. 427. The Committee takes note of the report of the representative of the Director-General on the mission to Honduras from 7 to 11 January 1986. The Committee notes with interest the fact that the representative of the Director-General received every facility from the authorities of the Ministry of Labour and Social Welfare in carrying out the mission. In this connection the Committee notes that the information obtained during the mission on the disappearance of two trade union leaders referred to in the complaints does not contain any new elements.

B. The Committee's conclusions on Case No. 1216

1. 428. When the Committee considered this case at its May 1985 meeting (see 239th Report, paras. 243-258) two matters were still pending. First, the Committee had requested the Government to supply information on the alleged murder of Jacobo Hernández, a trade union leader of the Honduran National Peasants' Association (ANACH), and had called attention to the need to carry out judicial inquiries in that regard. The Committee had also requested the Government to supply information on the latest developments in the proceedings concerning the murder of Dagoberto Padilla, Ismael Ulloa, Angel Alvarado and Carlos Alcides Mejía, and on the attempted murder of Pedro Chavarréa, Jacobo Núñez and Eulogio Figueroa, all leaders or members of the Workers' Union of the Agricultural and Cattle Raising Company of Sula (SITRACOAGS). The Committee had stressed the seriousness of the allegation that the manager and owners of SITRACOAGS were involved in the murder and attempted murders and considered that since it was a penal matter it should be subject to a criminal investigation. It therefore urged the Government to provide information on this investigation. Finally, subsequent to the latest examination of the case by the Committee, the International Confederation of Free Trade Unions (ICFTU), in a communication dated 11 October 1985, presented new allegations concerning the disappearance of Mr. José Manuel Guerrero, President of the "El Mochito" Mineworkers' Union, who was reported by the ICFTU to have been detained by soldiers of the 105th Infantry Brigade.
2. 429. Concerning the death of Mr. Jacobo Hernández, the ANACH union leader, the Committee notes that, according to the mission report, proceedings commenced on 28 March 1983 against Mr. Marco Tulio Pineda Torres (at present detained in the central penitentiary of Tegucigalpa) for the crime of homicide.
3. 430. Regarding the murder of four SITRACOAGS leaders and the attempted murder of three other leaders of that organisation, the Committee notes that, according to the mission report, the relevant trial for murder or attempted murder is still at the indictment stage. The Committee also takes note of the various developments that have taken place in that trial: (1) of those who were earlier detained on charges of murder, Mr. Alfredo Villeda Henríquez and Mr. Moisés Orellana have been found not guilty of criminal liability; (2) those charged with the attempted murder of Pedro Chavarréa, Jacobo Núñez and Eulogio Figuera are the subject of warrants of arrest; (3) Mr. Marco Antonio Molina and Mr. Fausto Isaúl García are still fugitives from justice and before escaping from prison they confessed to the judicial authorities that they had committed the murders, as may be seen from the court documents given to the mission.
4. 431. As to the involvement of the manager (Mr. Carlos González) and the owners of the Agricultural and Cattle Raising Company of Sula (particularly, Mr. Jaime Echeverréa) in the murders, the Committee notes that the judicial authorities have released these persons since there were no grounds for their continued detention.
5. 432. Whenever allegations concerning the death or serious injury of trade union leaders or unionists have been submitted to it, the Committee has always insisted that a judicial inquiry be carried out with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties. In the present case, the Committee notes that trials are under way, and that it has been possible to identify the two alleged perpetrators of the murders or attempted murders, even though they are fugitives from justice. In these circumstances, the Committee expresses the hope that the proceedings in question will be concluded as soon as possible and will enable the guilty parties to be punished; it requests the Government to keep it informed of the final results.
6. 433. With respect to the disappearance of the trade union leader Mr. José Manuel Guerrero, the Committee takes note of the written communication given to the mission by the Minister of Labour, indicating that absolutely reliable sources have informed the security authorities that Mr. José Manuel Guerrero, President of the "El Mochito" workers' union, was trafficking in explosives and was involved in other activities tending to undermine the tranquillity of the nation, peace and democracy, and that he was therefore arrested on 2 October 1985. However, given that the necessary investigations proved his innocence, he was released immediately and continues to exercise his trade union functions; Mr. Guerrero is now engaged in politics and was elected a deputy to the Congress by the National Party.
7. 434. In these conditions, in view of the fact that Mr. Guerrero was imprisoned because he was falsely accused of trafficking in explosives, and that he was freed once his innocence was proved, the Committee draws the Government's attention to the fact that the arrest or detention of trade union leaders or trade unionists in conditions such as those presently alleged may not only constitute a serious interference in union activities, but also may create a climate of intimidation and fear prejudicial to the normal development of trade union activities. When taken on trade union grounds, they are contrary to the principles of Convention No. 87.

C. The Committee's conclusions on Case No. 1271

1. 435. When the Committee examined this case at its May 1985 meeting (239th Report, paras. 259-275, approved by the Governing Body at its 230th Session (May-June 1985)), two questions were pending. The first concerned the alleged interference by the Government in the constitution of an organisation and in the election of trade union leaders through the adoption, in 1983, of an Act governing the constitution of the teachers' organisation COLPROSUMAH. The Committee recalled with firmness that in ratifying Convention No. 87 the Government had undertaken to grant workers' organisations the right to draw up their constitutions and rules and elect their representatives in full freedom. The Committee therefore requested the Government to indicate what measures it envisaged taking to repeal the provisions of the national legislation which are incompatible with the Convention and to enable the organisation in question to adopt its own rules in conformity with Article 3 of Convention No. 87. The second pending question referred to the non-reinstatement of 31 teachers, mentioned by name, who were dismissed on account of a strike in 1982. The Committee considered that dismissal on account of a strike constituted serious discrimination in employment for the exercise of a lawful trade union activity, and was contrary to Convention No. 98, ratified by Honduras; it insisted that the Government state what measures it envisaged taking to secure the reinstatement of the dismissed teachers.
2. 436. Moreover, the complainant organisation in a communication of 19 December 1985 presented new allegations in which it stated that on 17 December Mr. Ambrosio Sabio, former President of COLPROSUMAH, had been arrested. The complainant added that it appeared that the arrest had been made at the request of the rival group formed by the Government within this organisation.
3. 437. The Committee notes that the Minister of Labour told the mission that it would be very difficult to take steps to repeal the 1983 Act which governs the constitution of the Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH). The Committee also notes that, according to the Government, the 1983 Act was adopted by the National Congress at the request of the executive committee of COLPROSUMAH that is recognised by the authorities. The Committee observes in this connection that, according to the Government, COLPROSUMAH is not a trade union organisation but a professional college of teachers. A 1964 Act already governed the constitution of COLPROSUMAH before the adoption of the 1985 Act and according to the Government teachers are not barred from forming trade unions.
4. 438. Apart from the fact that COLPROSUMAH is a professional college, the Committee wishes to recall that at its May 1983 meeting (see 226th Report, para. 342) it concluded that COLPROSUMAH was an organisation which should enjoy the guarantees of Convention No. 87 since its aim was to promote and defend the interests of teachers (see 226th Report, Case No. 1166 (Honduras), para. 342). Moreover, with respect to the 1982 election of the executive committee which was later recognised by the authorities, the Committee had implicitly considered that acts of interference contrary to the principles of Convention No. 87 had been committed (see 230th Report, Case No. 1166 (Honduras), para. 111).
5. 439. With respect to the 31 teachers who are still dismissed because of the 1982 strike, the Committee notes the detailed information provided by the Government from which it concludes that a number of the teachers mentioned by the complainant organisation were teaching in State schools, and that the rest had given up teaching to take up other non-teaching jobs or activities of a political nature, or for legally sanctionable reasons not connected with the above-mentioned strike were not employed in the service. The Committee observes that the executive committee of COLPROSUMAH which was not recognised by the authorities told the mission that the problem of the dismissed teachers had not been resolved: one of the persons interviewed by the mission (Mr. Marcelino Borjas) said that he was still dismissed and that others were teaching in private schools.
6. 440. Since the unrecognised COLPROSUMAH executive committee undertook, during the mission, to send the ILO a precise account of the position of the persons dismissed, the Committee adjourns examination of this allegation pending receipt of this information.
7. 441. Regarding the arrest of Mr. Ambrosio Sabio (ex-President of COLPROSUMAH), the Committee notes that, according to the Government, the proceedings that began in 1983 against Mr. Sabio for the offences of forging private documents, usurpation of functions and persistent embezzlement of COLPROSUMAH, are at the indictment stage. The Committee also notes that according to the Government Mr. Sabio was arrested on 18 December 1985 and provisionally released on 4 January 1986, certain proceedings having been declared invalid and there being insufficient grounds for the issue of a warrant of arrest.
8. 442. The Committee also notes the statement made by Mr. Sabio to the mission, particularly the fact that the accusation against him dates from 1983 and that already then the First Criminal Court found no grounds for his arrest. He was arrested some days after the regular congress of COLPROSUMAH which had been convened by the unrecognised board on 10 December 1985. Since 1983 four judges have been dealing with the matter without issuing a warrant of arrest for lack of grounds. Inexplicably, in the course of a very short substitution in December 1985, the warrant was issued by a judge, who, in total disregard for legality, certified that in November 1982 the officially recognised executive committee of COLPROSUMAH had been properly elected.
9. 443. In these circumstances, the Committee, noting that Mr. Sabio was released 17 days after his arrest since there were no grounds for his imprisonment, concludes that the measures taken to deprive Mr. Sabio of his freedom were of an anti-union nature. The Committee deplores Mr. Sabio's imprisonment and at the same time draws the Government's attention to the fact that the arrest or detention of trade union leaders or trade unionists because of their functions or their activities as such are contrary to the principles of Convention No. 87.

D. The Committee's conclusions on Cases Nos. 1268 and 1307

1. 444. The Committee had requested the Government to communicate the results of the investigation being carried out concerning the whereabouts of the trade union leaders Mr. Rolando Vindel González (see 234th Report, Case No. 1268, para. 384) and Mr. Gustavo Morales (see 241st Report, Case No. 1307, para. 749).
2. 445. The Committee notes that, as mentioned in the mission report, the investigations are continuing, but that as yet the whereabouts of the leaders are still not known. In these circumstances, the Committee expresses its concern at the length of time that has elapsed since the disappearance of these leaders, and requests the Government to keep it informed of developments in the investigations being carried out to discover their whereabouts.

Report of Mr. Andrés Aguilar on the direct contacts mission carried out in

1. Honduras (7-11 January 1986)
2. I. INTRODUCTION
3. Having examined the cases relative to Honduras (Cases Nos. 1216 and 1271)
4. at its May 1985 meeting, the Committee on Freedom of Association requested the
5. Government to consent to a direct contacts mission, given the seriousness of
6. the allegations and the lack of sufficient information concerning Case No.
7. 1216 (see 239th Report of the Committee, para. 258), and to make a full
8. examination of the various aspects of Case No. 1271 (see 239th Report, para.
9. 275). Likewise, at its November 1985 meeting, the Committee expressed the hope
10. that the direct contacts mission might obtain information concerning an
11. allegation still pending relative to Case No. 1307 (see 241st Report of the
12. Committee, para. 749). Finally, an allegation presented in connection with
13. Case No. 1268 (see 234th Report, para. 384) was still pending.
14. During the 71st Session of the International Labour Conference (Geneva,
15. 1985) the Government representative of Honduras formally requested the direct
16. contacts mission with a view to clarifying the situation and bringing the
17. country's legislation into line with Conventions Nos. 87 and 98.
18. Subsequently, in a communication of 29 November 1985, the Government of
19. Honduras consented to the mission being carried out from 7 to 11 January 1986.
20. I was appointed by the Director-General of the ILO as his representative
21. entrusted with carrying out this mission, which took place in Tegucigalpa on
22. the specified dates. During the course of the mission, I was accompanied by
23. Mr. Alberto Odero, a member of the Freedom of Association Branch of the
24. International Labour Standards Department and Mr. Luis Zamudio, Regional
25. Adviser on Standards.
26. During the mission, we were received by His Excellency, Mr. Amado H. Nuñez,
27. Minister of Labour and Social Welfare, and by senior officials of the
28. Ministry, as well as by representatives of workers' and employers'
29. organisations. A list of all persons interviewed appears at the end of this
30. report.
31. I wish to state that I received every assistance from the Ministry of Labour
32. in carrying out the mission, for which I am extremely grateful. I wish also to
33. thank all the persons interviewed for the information they supplied.
34. II. CASES PENDING BEFORE THE COMMITTEE ON FREEDOM OF ASSOCIATION
35. Case No. 1216
36. This complaint was presented by the International Confederation of Free
37. Trade Unions (ICFTU) and the International Federation of Plantation,
38. Agricultural and Allied Workers (IFPAAW) in a joint communication dated 15
39. June 1983. The IFPAAW sent additional information in communications dated 5
40. and 25 July and 12 August 1983. The Government replied in communications dated
41. 5 July and 8 August 1983, and 30 April 1984. The Committee examined the case
42. for the first time at its May 1984 meeting and presented an interim report
43. (see 234th Report, paras. 571 to 584, approved by the Governing Body at its
44. 226th Session (May-June 1984)).
45. Subsequently, the Government sent partial information concerning pending
46. allegations in communications dated 12 June, 24 August and 31 October 1984.
47. The Committee re-examined the case and presented an interim report at its May
48. 1985 meeting (see 239th Report of the Committee, paras. 243 to 258, approved
49. by the Governing Body at its 230th Session (May-June 1985)). New allegations
50. were later presented by the ICFTU in a communication dated 11 October 1985.
51. Previous examination of the case
52. The complainants alleged that on 29 March 1983, between 8 and 9 p.m., in a
53. village known as El Bálsamo, between the city of El Progreso and Santa Rita de
54. Yoro, the following trade union leaders and trade unionists belonging to the
55. Workers' Union of the Agricultural and Cattle Raising Company of Sula
56. (SITRACOAGS), affiliated to the IFPAAW in Honduras, were murdered: Dagoberto
57. Padilla Escoto (President), Ismael Ulloa (Records Secretary of the No. 9
58. Guanchias Farm), Angel Alvarado (General Secretary of the No. 9 Farm branch
59. office), and Carlos Alcides Mejéa (rank-and-file union member). Furthermore,
60. Pedro Chavarréa (Secretary responsible for records and education), Jacobo
61. Núñez (Vice-President of the Disciplinary Committee), and Eulogio Figueroa
62. (Vice-President of the No. 9 Farm branch office) were seriously wounded. The
63. complainants indicated that the murders occurred three-and-a-half hours after
64. an assembly of workers which had been held at Farm No. 11.
65. According to the complainants, the events occurred as follows: around 5 p.m.
66. , after the end of the meeting, some leaders returned to their respective
67. fields in a Toyota jeep belonging to the union. As they were returning to El
68. Progreso, on Farm No. 9, they were intercepted by two men dressed in olive
69. green military uniform who were carrying a "Falk" rifle and a shotgun. These
70. men, whom the trade union leaders assumed to be soldiers, asked them for a
71. ride to Santa Rita and they agreed. They all got into the above-mentioned
72. vehicle. As they were leaving the dirt track of the banana plantations and
73. reaching the paved road, one of the men in uniform turned to Dagoberto
74. Padilla, who was driving, and asked him to stop the vehicle in the El Bálsamo
75. village. It was there that without any warning the uniformed man carrying the
76. shotgun fired on Mr. Padilla, who fell dead on to the road. The man fired a
77. second shot at Mr. Padilla when he was already lying dead on the road. The
78. other uniformed man who was carrying the "Falk" rifle then fired on the other
79. trade unionists, using up all his rounds of ammunition. As a result four trade
80. unionists were killed and three seriously wounded.
81. The complainants alleged that it was subsequently established that the two
82. assassins masquerading as soldiers were in fact guards employed on the banana
83. plantations, who were acting on the direct orders of the steward of the
84. manager's office, each having been paid 4,000 lempiras, and that the steward
85. had received instructions from the security chief of the plantations
86. authorised by the manager and the owners, whose name is Echeverri.
87. The complainants also alleged that various trade unions reacted publicly to
88. this horrible crime. In particular, the National Peasants' Association of
89. Honduras (ANACH) published a communiqué demanding that the civil and military
90. authorities investigate the events as quickly as possible and arrest those
91. responsible. Two days later, the leader of the Executive Council of ANACH,
92. Jacobo Hernández, was assassinated in the city of Danli, at approximately 7 p.
93. m. by an unidentified person who fired at close range without any provocation
94. whatsoever. This trade union leader had been participating in settling a
95. dispute concerning unfarmed land.
96. Lastly, the complainants alleged that at the beginning of July several
97. prisoners escaped from the El Progreso-Yoro Jail, including Fausto García
98. Rivera and Marco Antonio Molina, two of the perpetrators of the massacre of 29
99. March 1983.
100. The Government stated that proceedings were instituted in the District
101. Criminal Court of the above-mentioned city on 30 March 1983 against Marco
102. Antonio Molina Martínez, Fausto García Rivera, Alfredo Villeda Henríquez and
103. Moisés Reyes Orellana, for the murder of Dagoberto Padilla Escoto, Ismael
104. Ulloa, Angel Alvarado and Carlos Alcides Mejéa, and the attempted murder of
105. Pedro Chavarréa, Jacobo Núñez and Eulogio Figueroa, and that the case was
106. still before the Court. The proceedings were still at the indictment st age,
107. and for this reason it was not possible to give more information.
108. In a subsequent communication dated 12 June 1984, the Government enclosed a
109. note, dated 17 May 1984, from the Supreme Court advising that the judge at
110. first instance had called a stay in proceedings in the murder trial as
111. concerned three of the accused and that, although two other of the accused
112. had escaped from prison, the trial against them was at the indictment stage.
113. In a communication of 24 August 1984, the Government indicated that it was
114. awaiting further information from the Supreme Court as to whether the murder
115. case was being heard or had been finalised. The Government also stated that it
116. had requested the Supreme Court to supply information on the alleged murder of
117. the ANACH trade union leader, Jacobo Hernández, in April 1983.
118. The Committee made the following recommendations:
119. a) As regards the assassinations and serious wounding of a total of eight
120. trade union leaders and members of SITRACOAGS and ANACH in March and April
121. 1983, the Committee notes with regret that proceedings in the murder trial
122. were still in the indictment stage in May 1984 and that no concrete
123. information has been supplied on investigations into the murder of the ANACH
124. trade union leader.
125. b) The Committee draws the Government's attention to the importance it has
126. always attached to a prompt and independent legal investigation being carried
127. out into alleged cases of death and assault of trade unionists with a view to
128. elucidating the facts, identifying the persons responsible and taking
129. proceedings against them. It urges the Government to supply information on the
130. latest developments in the proceedings and to send the text of any judgement
131. which has been handed down.
132. c) The Committee stresses the seriousness of the allegation concerning the
133. involvement of the manager and owners of the Agricultural and Cattle Raising
134. Company of Sula in the murders and attempted murders. It considers that since
135. this allegation falls within the competence of the criminal courts, a criminal
136. investigation should be carried out and urges the Government to supply
137. information on any such investigations.
138. d) The Committee urges the Government to supply information concerning the
139. alleged murder of the ANACH trade union leader, Mr. Jacobo Hernández. (In its
140. conclusions, the Committee also pointed out the need to carry out prompt and
141. independent judicial investigations into the matter.)
142. New allegations
143. In its communication of 11 October 1985, the International Confederation of
144. Free Trade Unions alleges the disappearance of Mr. José Manuel Guerrero,
145. President of the "El Mochito" Mineworkers' Union, who had been arrested by
146. members of the 105th Infantry Brigade. According to the ICFTU, Honduran
147. authorities deny that this event took place even though many persons witnessed
148. the arrest of this union leader.
149. Information obtained during the mission
150. As regards Case No. 1216, the Minister of Labour informed the mission that
151. the trials for homicide, murder and attempted murder of trade union leaders
152. and trade unionists were still at the indictment stage.
153. The Minister of Labour furnished the mission with reports issued by the
154. Court concerning the trials in question; these reports indicate that
155. proceedings were instituted against Mr. Marco Tulio Pineda Torres on 28 March
156. 1983 for the homicide of Jacobo Hernández (trade union leader of ANACH), and
157. that the accused is detained at the Central Penitentiary of Tegucigalpa. In
158. addition, in connection with the proceedings for the murder and attempted
159. murder of trade union leaders and members of SITRACOAGS, the Court indicates
160. that warrants of arrest for murder have been issued against the following
161. security personnel of the Agricultural and Cattle Raising Company of Sula:
162. Marco Antonio Molina, Fausto Isaúl García (both fugitives from justice),
163. Alfredo Villeda Henriquez and Moisés Reyes Orellana (both subsequently
164. acquitted of any criminal responsibility). Warrants of arrest for attempted
165. murder of Pedro Chavarréa, Jacobo Núñez and Eulogio Figueroa have also been
166. issued. The Court also furnishes the names of a number of persons who were
167. released, as there were no grounds for their continued imprisonment; these
168. include Mr. Jaime Echeverréa, one of the owners of the Agricultural and
169. Cattle Raising Company of Sula, and Carlos González, manager of the same
170. company. The mission interviewed the leaders of the Confederation of Workers
171. of Honduras (an organisation to which both SITRACOAGS and ANACH belong), who
172. stated that they did not have specific information concerning the murders in
173. question.
174. The Minister of Labour also sent a written communication in which he
175. indicates that absolutely reliable sources had informed the security
176. authorities that Mr. José Manuel Guerrero, President of the "El Mochito"
177. Workers' Union, was involved in the trafficking of explosives and other
178. activities to undermine public order, peace and democracy, for which reason he
179. was arrested on 2 October 1985. None the less, since the ensuing
180. investigations proved his innocence, he was immediately released and has
181. resumed the exercise of his trade union functions. Mr. Guerrero is now active
182. in politics and was elected to the Congress by the National Party.
183. Case No. 1271
184. The complaint of the World Confederation of Organisations of the Teaching
185. Profession was presented in a communication dated 23 March 1984. At its
186. February 1985 meeting, the Committee noted that despite several requests the
187. Government had still not sent the information and observations requested, and
188. therefore appealed to it to supply its observations as a matter of urgency.
189. The Committee also drew the Government's attention to the fact that, in
190. accordance with the procedural rules set out in paragraph 17 of the
191. Committee's 127th Report, approved by the Governing Body, the Committee would
192. present a report at its next meeting on the substance of the case even if the
193. Government's observations had not been received at that date (238th Report of
194. the Committee, para. 20). Since the Government had not supplied information or
195. observations on the matter by that date, the Committee examined the case at
196. its May 1985 meeting. (See 239th Report, paras. 259 to 275, approved by the
197. Governing Body at its 230th Session (May-June 1985).)
198. The complaint of violation of freedom of association was lodged against the
199. Government of Honduras by the World Confederation of Organisations of the
200. Teaching Profession (WCOTP) on behalf of its affiliate, the Professional
201. College for the Advancement of Teaching in Honduras (COLPROSUMAH). According
202. to the WCOTP, the Government had interfered through the adoption of
203. legislative measures with the right of organisations to draw up their rules
204. and to elect their representatives, and with the right of the most
205. representative organisation to elect its representatives to advisory bodies by
206. withdrawing this right of representation from genuine representatives of the
207. teaching personnel of Honduras and giving it to a dissident group set up with
208. the support of the Government, the police and the military.
209. More specifically, the WCOTP explained that on 26 September 1983 the
210. Government adopted Legislative Decree No. 170-83 to promulgate an Act
211. respecting the Professional College for the Advancement of Teaching in
212. Honduras (COLPROSUMAH), repealing the previous Act of 11 December 1964 on the
213. matter. The new Act, published in the Official Gazette on 15 October 1983, was
214. prepared without the participation of the COLPROSUMAH. The Act establishes new
215. rules for the election of the organisation's executive committee, stipulating
216. that the members of the executive committee may not be re-elected until two
217. two-year periods have elapsed (sections 25 and 26 of the Act). According to
218. the WCOTP, the new text on elections was adopted exclusively with a view to
219. prejudicing the COLPROSUMAH which truly represents Honduran teaching
220. personnel, and in order to favour a group of teachers who had taken over the
221. organisation with the support of the Government.
222. The WCOTP stated that the adoption of this legislation and the change of
223. trade union representatives on the various advisory bodies must be seen
224. against the background of the events of 1982-83, which were the subject of a
225. complaint to the Committee on Freedom of Association (Case No. 1166 concerning
226. the dismissal of teachers, the occupation of trade union premises and the
227. confiscation of the assets of the COLPROSUMAH).
228. The WCOTP recalled that, in the case in question, the Government had adopted
229. repressive measures following a strike and a demonstration, dismissing 300
230. teachers, 31 of whom were still unemployed, and subjecting the schools to
231. military supervision. Moreover, the Government had supported a dissident group
232. within COLPROSUMAH, made up of 25 persons who, after attempting to disrupt the
233. annual meeting in December 1982, had organised a parallel meeting at which a
234. different executive committee was elected; this committee was subsequently
235. recognised by the authorities. Furthermore, during the annual meeting of
236. COLPROSUMAH, elements of the National Department of Investigations and members
237. of the public security forces took possession of the COLPROSUMAH premises,
238. preventing officials from entering. Shortly afterwards, a representative of
239. the Supreme Court of Justice handed over all COLPROSUMAH assets and property
240. to the dissident group.
241. The WCOTP added that since the setting up of this dissident group which,
242. according to its affiliate, is not trusted by the teaching personnel of
243. Honduras, the genuine representatives of the COLPROSUMAH have been divested of
244. the right to represent teachers on the various advisory bodies and
245. institutions in which they had previously participated. The Act governing the
246. COLPROSUMAH provides for the co-operation between the educational authorities
247. and COLPROSUMAH on teaching matters (section 6(f)).
248. According to the WCOTP, this proves the allegations made in Case No. 1166
249. concerning the close links between the recognised group and the Government,
250. and proves also the erroneous nature of the Government's statements concerning
251. the events leading up to the election of the COLPROSUMAH's executive
252. committee. The WCOTP recalled that the Government stated "these are events
253. which fall exclusively within the competence of this organisation" and "the
254. participation of the Government cannot exceed that permitted by the laws of
255. the country" (230th Report, Case No. 1166, para. 109). However, the WCOTP
256. maintained that, by modifying the representation of the teaching personnel on
257. the various public bodies, the Government did in fact interfere in the
258. internal affairs of this organisation.
259. The complainant organisation concluded by stating that the dissident group
260. was still occupying the COLPROSUMAH premises and enjoying the use of its
261. assets, including membership dues. Moreover, the Government had attempted to
262. ban a meeting of the United Front of Teachers of Honduras and had interfered
263. in the activities of the College of Secondary School Teachers of Honduras
264. (COPEMH) and of the First Primary Teachers' College (PRICPHMA), as was borne
265. out by the newspaper cuttings attached to the WCOTP's communication. Lastly,
266. the complainant organisation furnished the list of dismissed teachers who had
267. not been reinstated, despite the assurances given on this point by the
268. Government.
269. The list of these teachers is as follows: Omar Edgardo Rivera, Herminio
270. Alcerro Cálix, Sócrates Saúl Coello, Orlando Turcios, Juan Ramón Miralda,
271. Santos Gabino Carbajal, Adalid Romero, Galel Cárdenas, Jorge Gálvez, Venancio
272. Ocampo, Marco Tulio Mejéa, Luis Alonso Canales, Alba de Mejéa, Francisco
273. Marcelino Borjas, Odavia Chinchilla, Margarita Escobar, Maribel Gómez Robleda,
274. Felix Chinchilla, Isabel Traperos, Manlio Ernesto Ayae, Armando Acosta, Justo
275. Pastor Bonilla, Eloésa Escoto de Berrios, Edil Adonay Carranza, Miguel Angel
276. Berrios, Wilberto Mendez, Isidro Rivas, Ramón Zavala, Marco Aurelio Pinto,
277. Marco Antonio Vallecillo, Iván Déaz Panchamé.
278. The Committee presented an interim report to the Governing Body with the
279. following recommendations:
280. a) The Committee deplores the fact that, despite the time that has elapsed
281. since the complaint was lodged and despite the numerous requests made to it,
282. the Government has not communicated its observations on this case.
283. b) As regards the Government's interference in the rules of an organisation
284. and in the elections of trade union leaders by its adoption of a 1983 Act to
285. issue rules for COLPROSUMAH, a teachers' organisation affiliated to the
286. complainant confederation, the Committee recalls with firmness that, in
287. ratifying Convention No. 87, the Government undertook to leave it to workers'
288. organisations themselves to draw up their own constitutions and rules and to
289. elect their representatives in full freedom. The Committee therefore requests
290. the Government to state what measures it envisages taking to repeal the
291. provisions of the national legislation which are incompatible with the
292. Convention and to enable the organisation to adopt itself its own rules in
293. accordance with Article 3 of Convention No. 87.
294. c) With regard to the non-reinstatement of a number of teachers who were
295. dismissed on account of a strike in 1982 (identified by name), the Committee
296. considers that dismissal on account of a strike constitutes serious
297. discrimination in employment for the exercise of a lawful trade union activity
298. and is contrary to Convention No. 98, ratified by Honduras. It insists that
299. the Government should state what measures it envisages taking to secure the
300. reinstatement of the dismissed teachers.
301. d) The Committee requests the Government to consent to the carrying out of a
302. direct contacts mission to the country so that the various aspects of this
303. case may be fully examined.
304. New allegations
305. In a communication dated 17 May 1985, the WCOTP indicates that in Honduras,
306. Supreme Court Justices are elected by the legislative power, and that the
307. National Assembly dissolved the Supreme Court on the grounds of corruption and
308. improper administration of justice. Nevertheless, the President of the
309. Republic refused to accept the Assembly's resolution and ordered the arrest of
310. the new President of the Supreme Court. The WCOTP points out that during the
311. discussions in the National Assembly, reference was made to the Supreme
312. Court's decisions in the matter of the COLPROSUMAH.
313. In a communication dated 19 December 1985, the WCOTP alleges that Mr.
314. Ambrosio Sabio, the former president of the COLPROSUMAH, was arrested on 17
315. December. According to the complainant, it seems that the arrest took place at
316. the request of the rival group set up by the Government within that
317. organisation.
318. The Government's reply
319. In a communication dated 28 November 1985 the Government states that the
320. Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH)
321. is not a trade union governed by the Labour Code. The Government claims that
322. it is a professional association organised under an Act of its own and
323. established by a different process than trade union organisations.
324. Professional colleges acquire legal personality when the National Congress
325. adopts the respective Acts. This right of professionals is recognised by the
326. Constitution of the Republic and the Act respecting the organisation of
327. professional associations. Consequently, the National Congress has the right
328. to issue, amend and repeal the Act. It was in the exercise of its sovereign
329. powers that the National Congress, at the request of the COLPROSUMAH, amended
330. the Act respecting the organisation of this College. Trade unions, on the
331. other hand, are created by the workers in accordance with the relevant
332. provisions of the Labour Code, and their legal personality is granted by the
333. executive power upon the approval of their by-laws. In short, professional
334. associations and trade union organisations have a different legal status and
335. the Government considers that Convention No. 87 is not applicable to the
336. former. In this respect, article 177 of the Constitution of the Republic
337. provides: "the mandatory membership of professional associations is
338. recognised. The law shall govern their organisation and operation".
339. The Government adds that COLPROSUMAH's problems arise from an internal
340. struggle between two factions with different ideological principles. The
341. complainant faction has even dared to judge the actions of the Supreme Court
342. of Justice. Taking advantage of the political crisis in Honduras that has
343. resulted from the confrontation between the powers of State, COLPROSUMAH has
344. presented to a committee created by the National Congress to investigate the
345. administration of justice a list of charges against the Supreme Court,
346. requesting that the legislative power replace the judges of the Court (even
347. though the Congress does not have the authority to do so), simply because the
348. Court ruled against COLPROSUMAH in an action for relief relative to the
349. election of the College's executive committee which the petitioners lost.
350. As regards the Committee's recommendation deploring the lack of observations
351. by the Government on this case, the Government reports that it did furnish
352. replies in communications sent in 1983 (which the Government encloses).
353. Furthermore, the Government forwards a report from the Minister of Public
354. Education on the allegations of the complainant organisation, indicating, in
355. particular the following,:
356. - At no time has the Government of Honduras violated freedom of
357. association, let alone interfered with the right of organisations to establish
358. their own rules and elect their legitimate representatives. The Professional
359. College for the Advancement of Teaching in Honduras (COLPROSUMAH) is
360. established and governed by the Act respecting the organisation of
361. professional associations (compulsory membership) and its organisation and
362. operations are regulated by the same, in accordance with article 177 of the
363. current Constitution of the Republic. The COLPROSUMAH enjoys legal
364. personality, granted upon the approval of the pertinent Act governing its
365. organisation by Decree No. 214 of 11 December 1964, which was repealed by
366. Decree No. 170-83, adopted by the National Congress on 27 September 1983,
367. which at the same time approved its legal personality. The internal rules of
368. COLPROSUMAH were approved by the Second Congress of the COLPROSUMAH's
369. Extraordinary National Assembly on 11 December 1983, and came into force upon
370. approval by the Ordinary Congress held from 10 to 13 December 1983. These
371. rules superseded the previous rules approved by the Fourth Ordinary Congress
372. on 15 December 1965, as amended on 14 December 1966, 17 December 1967, and in
373. 1972. The above-mentioned rules conform with Decree No. 170-83 and the
374. specific rules governing the operations of COLPROSUMAH. These facts prove that
375. the Government of Honduras has not interfered with the rights of professional
376. associations to formulate their own rules and elect their representatives.
377. Supporting evidence may be found in the certified minutes of the COLPROSUMAH
378. congresses which approved its rules and the amendments thereto.
379. - It is natural that different tendencies and/or movements should arise in
380. COLPROSUMAH, as in any other guild, professional organisation or trade union
381. that operates in a country where all sectors of the population are called upon
382. to participate in the refinement of the democratic process. Thus, it should
383. come as no surprise that the present leadership of COLPROSUMAH represents one
384. of these movements, and that the leadership in power until 1982 is now in the
385. opposition and is resorting to all the means at its disposal to regain control
386. of this professional association.
387. - In accordance with article 272 of the present Constitution of the
388. Republic the Armed Forces, among others, have been established to maintain and
389. safeguard the public order; they have carried out their mission as required by
390. circumstances, in the particular case of the COLPROSUMAH without prejudice to
391. the individual or collective rights of teachers.
392. - It is true that the National Congress (legislative power) of the
393. Republic of Honduras issued Decree No. 170-83 which repeals Decree No. 214,
394. replacing the old Act with a new one. The draft of this Bill was proposed by
395. the legally recognised central executive committee, and is based on a study
396. prepared by the COLPROSUMAH faction which today finds itself in the
397. opposition. Subsequently, in accordance with the law (article 213 of the
398. Constitution), the Bill was presented to the sovereign National Congress by
399. the executive power through the Secretariat of State for Public Education. It
400. is also true that Decree No. 170-83 stipulates that the members of the central
401. executive committee of COLPROSUMAH may not be re-elected to any office in the
402. same organisation until the expiration of two subsequent terms. This rule is
403. only intended to allow for alternate leadership of COLPROSUMAH, and thus avoid
404. the continued presence in office of persons only interested in making a living
405. from associations to the prejudice of the interests of such organisations and
406. their members. This principle also limits the possibility of imposing
407. candidates, yet assures genuine leaders the opportunity of returning
408. periodically to the leadership of COLPROSUMAH.
409. - Consequently, there has been no intention to prejudice COLPROSUMAH
410. either in fact or in law, and said organisation continues in its role as the
411. genuine representative of Honduran teaching personnel.
412. - Section 25 of the COLPROSUMAH Act (Decree No. 170-83) does not govern
413. the terms of office of members of the central executive committee, nor does it
414. prohibit re-election. The section in question reads as follows: "Grounds for
415. the removal of members of the central executive committee shall be those
416. established by regulations issued under this Act." The regulations in
417. question were not approved by the legislature but by the Congress or National
418. Assembly of COLPROSUMAH itself. It is section 24 of the above-mentioned Act
419. that establishes a two-year term of office for members of the central
420. executive committee and we do not find that this provision is prejudicial to
421. COLPROSUMAH, unless the complainant organisation can furnish better reasons to
422. support its claims.
423. - The new legislation is in force and is accepted by the legally
424. established bodies within COLPROSUMAH and by responsible teachers who have
425. elected officials to these bodies, both at the national and local levels. The
426. Government of the Republic has no participation or representation whatsoever
427. in such elections and decisions, not even as an observer. Changes in the
428. elected representatives of COLPROSUMAH are not decided by the Government but
429. by the bodies that manage the organisation. In addition to one regular
430. representative and one substitute representative legally and functionally
431. accredited to the management board of INPREMA, the COLPROSUMAH also has
432. representatives on the national and regional examination boards which are
433. responsible for certifying the competence of candidates to fill teaching
434. vacancies in the national education system. The COLPROSUMAH should also have a
435. regular representative and a substitute representative on the national and
436. regional teacher evaluation committees, but it has failed to appoint these
437. representatives; these committees are not functioning due to COLPROSUMAH's own
438. repeated opposition to the evaluation of its members and of teachers in
439. general, as required by the Act on the Promotion of Teachers.
440. - However, given the legal and administrative structure of the Government of
441. Honduras, none of the above-mentioned bodies are advisory bodies; rather, it
442. is the executive committees of COLPROSUMAH and other professional associations
443. of teachers which are advisory bodies and which collaborate with the executive
444. power in matters relating to education, through the Secretariat of State for
445. Public Education. It must be added, however, that the representatives as well
446. as the leaders of professional teachers' associations are extremely aggressive
447. in presenting their demands and in seeking solutions to the problems of their
448. members and the national education system in general.
449. - It must be remembered that the changes in the representatives of
450. COLPROSUMAH are not due to the new legislation, but to internal decisions of
451. the college itself. Such changes are a thing of the past and should not be
452. analysed again, given that the college continues to operate, and more
453. especially given the objective explanation which follows concerning the
454. groundless accusations relating to the dismissal of teachers, the occupation
455. of premises and the confiscation of assets.
456. - In 1982, through the agency of the Secretariat of State for Public
457. Education, the Government of Honduras held talks with representatives of the
458. United Front of Teachers of Honduras (FUMH), an organisation to which the
459. COLPROSUMAH belonged; the talks were interrupted when the FUMH called teachers
460. out on strike, a strike which was unnecessary since all peaceful means of
461. negotiation had not been exhausted and was therefore declared illegal. Even
462. so, the Government sought to meet the demands of the strikers, and the
463. President of the Republic himself received the leaders of the FUMH and
464. proposed alternative solutions, which met with an intransigent refusal.
465. - The WCOTP recalls that the Government dismissed 300 teachers, but the list
466. presented only identifies 30. In this respect it should be clarified that some
467. of the teachers whose names appear on this list have not been engaged in
468. teaching for reasons that cannot be attributed to the Government or to the
469. teachers' colleges, since their problems are due to other causes for which
470. they are liable to penalties under the law. These cannot be disclosed, s ince
471. the teachers in question have exercised their right to privacy. However, for
472. the purpose of responding to the allegations and claims of the complainant
473. organisation, the employment status of teachers included in the
474. above-mentioned list is as follows:
475. Sócrates Saúl Coello, assistant teacher at the "San Francisco" School of El
476. Progreso, municipality of El Progreso, Department of Yoro, appointed by
477. Resolution No. 3000 E.P. of 7 July 1982.
478. Santos Gabino Carbajal, representative of the college of secondary school
479. teachers to the National Pension Institute for Honduran Teachers.
480. Adalid Romero, professor at the "San Francisco" Institute of Tegucigalpa,
481. D.C., Department of Francisco Morazán.
482. Galel Cárdenas Amador, professor at the "Francisco Morazán" Teachers' Academy
483. in Tegucigalpa, D.C., Department of Francisco Morazán.
484. Jorge Gálvez, assistant principal of the "Alma Rodas de Fiallos" School of
485. Villanueva, Tegucigalpa, D.C., Department of Francisco Morazán.
486. Venancio Ocampo, assistant principal of the "Simón Bolévar" School, No. 2,
487. Tegucigalpa, D.C., Department of Francisco Morazán, and professor at the
488. "Froylán Turcios" Institute located in the same city and department.
489. Marco Tulio Mejéa served as Assistant Secretary of State for Public Education
490. (a position of responsibility) from 1 February 1982 until 1984. He
491. subsequently went to work for the Honduran Mission of the United States Agency
492. for International Development (USAID), where he is still working, following
493. his resignation from the position he occupied in the Government of the
494. Republic.
495. Alba de Mejéa worked for a few years prior to 1982 in the Honduran Social
496. Security Institute (IHSS). The Government has no direct involvement in the
497. administration of the IHSS, as this is an autonomous institution administered
498. at its highest level by a management board.
499. Isabel Traperos, member of the National Committee on Educational Reform,
500. General Office for Educational Planning and Reform, Ministry of Public
501. Education.
502. Manlio Ernesto Ayes, professor at the "Froylán Turcios" Institute (private)
503. in Tegucigalpa, D.C., Department of Francisco Morazán.
504. Justo Pastor Bonilla, assistant teacher (with degree) at the "Centro América"
505. School of Tegucigalpa, D.C., Department of Francisco Morazán, a position he
506. held until the day of his death in 1984.
507. Eloésa Escoto de Berréos, assistant teacher (with degree) at the "Miriam
508. Gallardo" School in the city of Danlé, Department of El Paraéso, appointed by
509. Resolution No. 2745 of 22 July 1983.
510. Román Zavala engaged in agricultural and commercial activities and no longer
511. teaches; he did not participate in the teachers' strike of 1982.
512. Marco Aurelio Pinto, principal of the "Liceo Militar del Norte", in the city
513. of San Pedro Sula, Department of Cortés. He did not participate in the
514. teachers' strike of 1982; he was working at that time as a departmental
515. supervisor (Superintendent Inspector of Primary Education).
516. Iván Déaz Pachamé, assistant principal of the "José Trinidad Reyes" School in
517. the village of Toyos, municipality of El Negrito, Department of Yoro.
518. - It is the Government's understanding that the legally constituted central
519. executive committee of COLPROSUMAH at no time occupied any premises or
520. appropriated any assets that did not belong to it. Both the building and the
521. administrative equipment belong to COLPROSUMAH, as an institution created
522. under the law, and not to any individual in particular. The contents of the
523. complaint give the impression that the assets in question belong to those who
524. at one time were responsible for the administration of COLPROSUMAH; however,
525. it must be emphasised that the mere fact of taking up office to which one has
526. been elected by a majority vote of members, and the use of the assets of the
527. organisation, can never be considered as the occupation or confiscation as the
528. complainant alleges.
529. - In the light of the complainant organisation's insistent but groundless
530. allegations that the Government did not rehire the teachers who had been
531. dismissed, the Government encloses a transcription of the resolutions of
532. appointment of all those teachers who are working under the jurisdiction of
533. the Secretariat of Public Education, except those who have abandoned the
534. teaching profession to undertake other work or engage in political activities.
535. - The Government of Honduras reiterates that the COLPROSUMAH Act (Statute)
536. was prepared by the authorities of the teachers' organisation itself, and
537. approved by the sovereign National Congress, pursuant to the procedures and
538. requirements established by the Constitution of the Republic and the Act
539. concerning compulsory membership of professional associations, procedures and
540. requirements which are not incompatible with Article 3 of Convention No. 87,
541. since the organisation in question is a professional association not governed
542. by the Labour Code.
543. Information obtained during the mission
544. The Minister of Labour indicated to the mission that he had already
545. transmitted to the ILO the Government's reply on the allegations in this case.
546. Nevertheless, he stressed that COLPROSUMAH was not a trade union organisation
547. but a professional association of teachers and that nothing prevented this
548. category of workers from organising trade union organisations.
549. He stated that it would be very difficult to give effect to the
550. recommendations of the Committee on Freedom of Association, in the sense of
551. adopting measures that would repeal the 1983 Act that governs the
552. COLPROSUMAH's status.
553. As regards the arrest of Mr. Ambrosio Sabio, ex-president of COLPROSUMAH and
554. member of the executive committee not recognised by the authorities, the
555. Ministry of Labour stated that according to the Court and on the basis of
556. accusations filed by teacher María Soleida Núñez (auditor of the central
557. executive committee of COLPROSUMAH), the Court instituted proceedings on 24
558. February 1983 against Ambrosio Sabio, among others, for the falsification of
559. private documents, usurpation of powers and repeated fraud to the detriment of
560. COLPROSUMAH. On 18 December 1985, the National Department of Investigation
561. placed Mr. Ambrosio Sabio under the custody of the Court. Nevertheless, the
562. Court decreed the nullity of certain proceedings, and since the proceedings
563. revealed insufficient grounds for sentencing him to imprisonment, Mr. Sabio
564. was released provisionally on 4 January 1986; the case is at present at the
565. indictment stage.
566. The mission also interviewed both executive committees of COLPROSUMAH. Both
567. described with substantial differences the events of November 1982 that led to
568. the appointment of the two executive committees, and each advanced claims to
569. its own legitimacy.
570. Since this issue has already been examined by the Committee on Freedom of
571. Association, this report will not recount the explanations and points of view
572. expressed by the two executive committees.
573. As concerns matters still pending before the Committee on Freedom of
574. Association, the recognised executive committee indicated that the Act of 1983
575. that governs COLPROSUMAH's status was adopted at its request, and that the
576. problem of the teachers dismissed as a result of the 1982 strike had already
577. been resolved. The unrecognised executive committee stated its opposition to
578. the changes brought about by the Act of 1983 and indicated that the issue of
579. the dismissed teachers had not yet been resolved. In reply to the mission's
580. comment that the Government claimed that 15 of the dismissed teachers were
581. currently teaching, the executive committee promised to send the ILO a
582. detailed report on the situation of the dismissed teachers.
583. In this connection, one of the members of the executive committee, Mr.
584. Marcelino Borjas, declared that he was still without work and that other
585. dismissed teachers were teaching in private institutions. Furthermore, Mr.
586. Ambrosio Sabio described his arrest and emphasised the following aspects: (1)
587. the accusation against him dates back to 1983, at which time the First
588. Criminal Court found no grounds for his arrest; (2) his arrest took place a
589. few days after the Ordinary Congress of the COLPROSUMAH, convened by the
590. unrecognised executive committee and held on 10 December 1985; (3) the
591. accusation that he had cashed cheques without sufficient funds is groundless
592. since the cheques he signed were backed by COLPROSUMAH membership dues; (4)
593. the warrant for his arrest was signed by an interim judge who, according to
594. Mr. Sabio, was the same judge who, in total contempt of the current
595. legislation, certified in November of 1982 that the election of the
596. Government-backed executive committee of the COLPROSUMAH had been carried out
597. in a regular manner. Since 1983, four judges had examined the matter without
598. issuing a warrant for arrest, as there were no grounds whatsoever.
599. Nevertheless, such a warrant was inexplicably issued in December 1985,
600. coinciding with an extremely brief judicial substitution.
601. The mission lacks sufficient information to render an opinion on the degree
602. of representativity of one or the other of the COLPROSUMAH executive
603. committees. The question of legitimacy of one or the other is extremely
604. complicated and, furthermore, does not fall within the scope of the mission's
605. responsibilities, since the Committee on Freedom of Association has already
606. rendered an opinion on this matter. In any event, it is interesting to note
607. that the unrecognised executive committee would refuse on the grounds of its
608. own legitimacy to participate in a new electoral congress if one were convened
609. by the recognised executive committee. The unrecognised executive committee's
610. militant attitude was particularly evident in the demonstrations it organised
611. to protest against the arrest of Mr. Ambrosio Sabio in December 1985.
612. Cases Nos. 1268 and 1307
613. Case No. 1268, in which the complainant is the International Confederation of
614. Free Trade Unions, was examined by the Committee in its 234th Report (May
615. 1984) (see paras. 372-384) and concerns the disappearance of trade union
616. leader Rolando Vindel González. Case No. 1307, in which the complainant is the
617. World Federation of Trade Unions, was examined by the Committee in its 241st
618. Report (November 1985) (see paras. 741-749) and concerns the disappearance of
619. trade union leader Gustavo Morales. In both cases, the Committee requested
620. the Government to keep it informed of the investigations in progress to
621. determine the whereabouts of these trade union leaders.
622. The Ministry of Labour reported that the investigations concerning these
623. trade union leaders were continuing, but that their whereabouts had not yet
624. been determined.
625. III. COMMENTS OF THE COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTION
626. NO. 87
627. In its 1985 observation concerning the application of Convention No. 87 by
628. Honduras, the Committee of Experts noted that the Government repeated its
629. statements to the effect that the draft Labour Code under preparation, and
630. currently before the Congress, should bring the legislation into conformity
631. with the international standards laid down in the Conventions ratified by
632. Honduras. In this connection, after recalling the points on which it had made
633. comments, the Committee of Experts expressed the hope that legislation in
634. conformity with the Convention would be adopted in the near future and asked
635. the Government to keep it informed of any progress occurring in these fields.
636. The mission indicated to the Ministry of Labour that the draft Labour Code
637. then before the National Congress, which dated back to 1981, included several
638. major improvements that gave effect to the comments formulated by the
639. Committee of Experts. In fact, the draft Labour Code does not deprive workers
640. in small agricultural undertakings of the right to join trade unions, as does
641. section 2 of the present Labour Code; it does not prohibit the existence of
642. several trade unions within the same undertaking, as does section 472 of the
643. present Code; it does not require trade union officers to have been engaged in
644. the occupation or trade covered by the trade union for a minimum of six
645. months, as does section 510 of the present Code; it does not expressly
646. prohibit the exercise of the right to strike by federations and
647. confederations, as does section 537 of the Code; it does not require the
648. leaders of federations and confederations to have been engaged in the
649. occupation or trade covered by the trade union for more than one year, as does
650. section 541; it does not require a two-thirds majority to call a strike, as do
651. sections 495 and 563; it does not require prior notice of six months to call a
652. strike in a public service, as does section 558; nor does it confer on the
653. Minister of Labour and Social Welfare powers to end a dispute between an
654. employer and workers in services for the refining, transport and distribution
655. of petroleum, as does section 555.2 of the present Code. Finally, section 568
656. of the draft Code expressly states that all provisions contrary to the Code
657. are rendered null and void.
658. Nevertheless, the Minister was notified that the draft Code presented certain
659. incompatibilities with the principles of Convention No. 87. In particular, the
660. following provisions should be modified:
661. - section 295
662. a)of the draft, which prohibits trade unions from intervening in political
663. matters. When it has rendered opinions on similar provisions, the Committee
664. has considered that trade unions should be able to make public their opinion
665. on questions of social and economic policy of interest to their members;
666. - sections 297 and 298 of the draft, read in conjunction, allow the Ministry
667. of Labour to suspend trade union leaders in the case of misappropriation of
668. trade union assets. The Committee of Experts has always considered that the
669. suspension of trade union leaders for a violation of the law or statutes is
670. only admissible when such violation has been duly proven during the course of
671. judicial proceedings, and when the suspension results from a judicial
672. decision;
673. - section 289 II, which bans the participation of foreigners in trade union
674. executive committees. This provision should be somewhat more flexible to allow
675. for the election of migrant workers as trade union leaders after a reasonable
676. period of residence in the host country;
677. - section 289 IV, which prohibits trade union leaders who have been
678. dismissed from office from belonging to the union's executive committee. This
679. provision should be limited to dismissals for reasons that compromise the
680. integrity of the person concerned;
681. - section 350 contains too broad a list of essential services and activities;
682. section 351 allows the Ministry of Labour to submit disputes involving public
683. services or essential activities to a labour court; and section 354 allows the
684. executive power, in the case of the suspension of essential services, to
685. assume the administration and responsibility for such services for such time
686. as is necessary, in order to avoid hardship to the community. In similar
687. situations, the Committee of Experts has admitted that limitations may be
688. imposed on the right to strike in essential services, on condition that such
689. services are essential in the strict sense of the term, namely services whose
690. interruption would endanger the life, personal safety or health of the whole
691. or part of the population.
692. The Minister replied that although the draft Code had been submitted to the
693. National Congress, no sector had shown interest in promoting its adoption, and
694. that he personally considered that it would be more appropriate to proceed by
695. means of partial amendments.
696. The employer sector indicated to the mission that its lack of interest in the
697. draft Code was due to the fact that it had not been consulted during its
698. preparation. Most of the trade union organisations interviewed were aware of
699. the existence of the draft Code, but did not have a clear idea of its
700. contents.
701. Two final comments should be made. In the first place, all sectors
702. interviewed agreed on the need to amend the existing Labour Code. Secondly,
703. the new Government will take office on 17 January 1986 and it would thus seem
704. appropriate for the new Government and the employers' and workers'
705. organisations to express their opinion on the draft Labour Code of 1981 within
706. a tripartite context, since there do not appear to have been the appropriate
707. consultations to date. (Signed) Andrés Aguilar.
708. List of persons interviewed
709. Ministry of Labour and Social Welfare
710. - His Excellency, Mr. Amado H. Núñez, Minister of Labour and Social Welfare;
711. - Haroldo López Herrera, Assistant Secretary of Labour;
712. - Mercedes Sevilla, Chief of International Relations. Honduran
713. Council of Private Enterprises (COHEP)
714. - Joaquén Luna Mejéa, Executive Secretary.
715. National Association of Industries of Honduras (ANDI)
716. - Dorcas de González, Executive Secretary.
717. Tegucigalpa Chamber of Commerce and Industry
718. - Saúl Carrasco, Executive Secretary. Confederation of Workers of Honduras
719. (CTH)
720. - José Israel Paredes, Treasurer of the CTH;
721. - María Verónica Núñez, Records Secretary of the CTH;
722. - Juan Estaban Carbajal, Vice-President of FECESITLIH;
723. - Altagracia Fuentes, Treasurer of FECESITLIH;
724. - Micaela Duron, Women's Affairs Secretary of FECESITLIH;
725. - Erasmo Flores, Co-operatives Secretary of the CTH.
726. General Workers' Union (CGT)
727. - Felicito Avila Ordoñez, General Secretary;
728. - Oscar Armando Escalante, Deputy General Secretary;
729. - Julio César Umanzor, Records Secretary;
730. - Ventur Alvarez Molina, member of the Tribunal of Honour;
731. - Antonio Hernández, member of the Tribunal of Honour.
732. United Federation of Workers of Honduras (FUTH)
733. - Héctor Hernández, President;
734. - Ramón Varela, Auditor. Professional
735. College for the Advancement of Teaching in Honduras (COLPROSUMAH,
736. recognised executive committee)
737. - Roberto López Tinoco, President;
738. - Margarita Elvir de Lanza, General Secretary;
739. - Idalia Argentina Portillo de Zelaya, Internal Affairs Secretary;
740. - Mauricio Espinal Osorto, Finance Secretary;
741. - Froilan Antonio Medina Cáceres, Secretary of Public Relations;
742. - Oscar Rigoberto López, Secretary for trade and occupational disputes;
743. - Julián Portillo, Auditor;
744. - Rolando Espinal Galo, Cultural and Education Secretary;
745. - Emigdio Pineda, External Affairs Secretary.
746. Professional College for the Advancement of Teaching in Honduras
747. (COLPROSUMAH, unrecognised executive committee)
748. - Rosario Avila de Doménguez, President of the central executive committee;
749. - Carlos Zúñiga, Ex-president of the central executive committee;
750. - Ambrosio Sabio, Ex-president of the central executive committee;
751. - Marcelino Borjas, Ex-president of section No. 1;
752. - Reinaldo Erazo, Ex-president of section No. 1;
753. - Carlos Mauricio López, Ex-general secretary of the executive committee.