Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report and its reply to the comments sent by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) on 10 August 2006, which referred to issues of law that are currently under examination and the murder of Francisco Cruz Galeano, a trade union leader of the General Workers’ Confederation (CGT) in December 2005. With regard to the latter, the Committee notes the Government’s indication that the Secretariat of Labour and Social Security has undertaken a full investigation through the competent bodies, which concluded that the trade union leader concerned was not murdered by reason of his position as a trade union leader, but was mistaken for the leader of a group of delinquents by two members of a rival group, of whom one was murdered in May 2006 and the other is on the run.

The Committee observes that for many years it has been referring to the need to reform the legislation so as to bring it into conformity with the Convention. The Committee recalls that in its observation in 2005 it noted the preparation of a draft reform of the Labour Code, which included several amendments requested by the Committee, and which had been preceded by a tripartite study. In this regard, the Committee notes the Government’s indication that the Economic and Social Council is envisaging in its plan of activities for the present year the harmonization of the Labour Code with international labour Conventions, thereby achieving consensus with the social partners. The Committee recalls that its comments referred to:

n      the exclusion from the scope of the Labour Code, and consequently from the rights and guarantees of the Convention, of workers in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1));

n      the prohibition of more than one trade union in a single enterprise, institution or establishment (section 472 of the Labour Code);

n      the requirement of more than 30 workers to establish a trade union (section 475 of the Labour Code);

n      the requirement that the officers of a trade union, federation or confederation must be of Honduran nationality (sections 510(a) and 541(a) of the Labour Code), be engaged in the corresponding activity (sections 510(c) and 541(c) of the Labour Code) and be able to read and write (sections 510(d) and 541(d) of the Labour Code);

n      the following restrictions on the right to strike:

–        the ban on strikes being called by federations and confederations (section 537 of the Labour Code). The Committee however notes the Government’s indication that federations and confederations exercise this right without any interference by the State;

–        the requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563 of the Labour Code);

–        the power of the Ministry of Labour and Social Security to end disputes in oil production, refining, transport and distribution services (section 555(2) of the Labour Code);

–        the need for Government authorization or a six-month period of notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558 of the Labour Code). In this respect, the Committee notes the Government’s indication that this provision refers to services that are essential for society and is intended to offer the appropriate conciliation machinery to resolve disputes occurring in these sectors;

–        the submission to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services that are not essential in the strict sense of the term, that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (sections 554(2) and (7), 820 and 826 of the Labour Code).

The Committee expresses the firm hope that the harmonization of the Labour Code with the Convention will be undertaken in the near future and that all the issues raised by the Committee will be taken into account. The Committee reminds the Government that the Office’s technical assistance is at its disposal.

Finally, the Committee notes the new comments by the ITUC, dated 28 August 2007, which refer to legislative issues that are still pending, as well as to the impossibility of establishing unions in export processing zones; the formulation by the President of a Bill to reform the Procedural Penal Code establishing more severe penalties for action on the public thoroughfare (blockages of roads, bridges and streets, for example), which may affect the activities of trade unions; obstacles to the establishment of trade unions, the promotion of unions by the management of private enterprises and the detention of union members in the banking sector when they wished to participate in a wage claim. The Committee requests the Government to provide its observations on these matters.