Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Abolition of Forced Labour Convention, 1957 (No. 105) - Honduras (Ratification: 1958)

Article 1(a) of the Convention. Special dispensation granted to prisoners convicted of political crimes in the prison system. In its previous comments, the Committee asked the Government to provide information on the special prison arrangements for prisoners convicted of political crimes, under which those prisoners are not subjected to the obligation to work in prison (Decree No. 460 of 1977 and section 81 of the Criminal Rehabilitation Act (Decree No. 173–84 of 1984)). The Committee notes the Government’s indication in its report that, as this does not fall within the scope of the Labour Code, no information on special prison arrangements is available in the records of the general labour inspectorate. The Committee recalls that the Government is responsible for ensuring that the necessary information is communicated to the Office, where necessary by consulting the various government, legislative and judicial authorities concerned, so that the Committee is in a position to assess the application of the Convention.

The Committee also notes that, according to the website of the National Congress, a Prison Bill is under consideration and was reviewed in first reading in April 2012. The Committee requests the Government to indicate whether this Bill has been enacted and, if so, to provide a copy. More generally, the Committee requests the Government to indicate whether the new legislative framework governing prisons provides that work is compulsory for detainees convicted to a prison sentence. Please also indicate whether the new legislation continues to provide for special arrangements for persons sentenced for political crimes.

Article 1(d). Penal sanctions imposed for participating in a strike. In its previous comments, the Committee requested the Government to provide information on the practical application of two provisions of the Labour Code: section 561 of the Labour Code, under which courts may hand down penal sanctions for workers on the grounds that they have committed an offence or breach of discipline by participating in a strike declared illegal; and section 590, under which persons taking part in a collective labour dispute who “promote disorder” or undermine the peaceful nature of the dispute shall be detained and arrested by any authority until the end of the strike, or until they have given assurances to the labour tribunal that they will desist from their actions. The Committee notes the Government’s indication that the records of the labour inspectorate do not contain any information on the application in practice of these provisions. The Committee would be grateful if the Government would continue to indicate, in future reports, whether the courts have imposed sanctions on workers who have participated in a strike under sections 561 or 590 of the Labour Code. If so, please provide information on the circumstances that led to these decisions and on the sanctions imposed so that the Committee can examine the manner in which the courts interpret the concepts of “breach” and “promoting disorder” referred to in sections 561 and 590 of the Labour Code.