Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Honduras (Ratification: 2012)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2021. The Committee also notes the Government’s replies to the 2018 observations of COHEP.

Articles 2(1) and 5(1) of the Convention. Effective tripartite consultations. The Committee notes with interest the establishment on 25 September 2018 of the Sectoral Committee on International Standards (MENIT), a tripartite technical body dependent on the technical secretariat of the Economic and Social Council (CES). MENIT is responsible for the study and technical analysis of annual reports on ratified and unratified Conventions which the Government must communicate to the Office. The Committee also notes the information provided by the Government on the tripartite consultations held between February and October 2020 within MENIT. In particular, the Government indicates that consultations were held on the preparation of the form relating to unratified Conventions, as well as on the review, analysis and content of reports on ratified Conventions before they are sent to the Office. The Government adds that in 2020 tripartite approval was given to the flow chart (agenda) and road map for the implementation of the procedures for drawing up report forms for ratified and unratified Conventions. However, COHEP claims that the agreed-upon sequence of events was not observed, since it was not invited to the MENIT meeting in 2021. COHEP points out that no tripartite consultations were held on the replies to questionnaires concerning items on the Conference agenda (Article 5(1)(a) of the Convention), the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)), or the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee also notes that, according to the report supplied by COHEP on the activities undertaken by the CES in 2019 and 2020, in August 2019, the Committee for the Handling of Disputes referred to the ILO (MEPCOIT) was established, a tripartite body responsible for studying and evaluating complaints that might be referred to the ILO and for intervening at the request of an interested party in the handling of disputes arising in the matters regulated by the Conventions ratified by Honduras. Its main objective is to facilitate the necessary space for the parties involved in disputes among the tripartite constituents, assisted by a mediator, to engage in dialogue and reach agreements to settle their differences, and thereby prevent the referral of complaints to the ILO. The Committee also notes the tripartite consultations held during this period through the CES Sectoral Committee on Decent Work (MSED). Lastly, the Committee notes the information provided by COHEP on the tripartite consultations held on the preparation of various legislative proposals (Paragraph 5(c) of Recommendation No. 152). In this regard, COHEP indicates that, at the request of the National Congress, a review was carried out in 2019 within the Legal Committee (the CES sectoral committee for legal analysis) of, inter alia, draft decrees relating to: the Act on the social and labour inclusion of self-employed and own-account workers; the Act on organized integration, for establishing the welfare and pensions institute for workers in the informal economy; and the Telework Act. However, COHEP indicates that no tripartite consultations have been held on the reform of the Labour Code or other labour regulations being carried out to harmonize them with the Conventions ratified by Honduras, in compliance with the recommendations made by the Committee on the Application of Standards (CAS) regarding the application by Honduras of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee requests the Government to provide detailed, updated information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 4. Training. The Committee notes the Government’s indication, in reply to its previous comments, that as a result of the restrictions and measures implemented to tackle the emergency arising from the COVID-19 pandemic, no training activities were undertaken for the team of the technical secretariat and members of the CES. The Government adds that they are still waiting for ILO technical assistance to be provided on the matters relating to the Convention. COHEP indicates in its observations that after a technical mission was undertaken by the Office in September 2019 in relation to the application by Honduras of Convention No. 87, no new training has been undertaken, including with regard to the present Convention. The Committee requests the Government to provide information on the measures taken to strengthen the capacities of the members of the Economic and Social Council (CES) and those belonging to the technical secretariat. The Committee hopes that the technical assistance requested in this regard will be provided in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Honduran National Business Council (COHEP) and the International Organisation of Employers (IOE), received on 31 August 2018 and 1 September 2018, respectively. The Committee also notes the Government’s replies to these observations.

Articles 2(1) and 5(1) of the Convention. Effective tripartite consultations. In reply to its previous comments, the Committee notes the Government’s indication that in September 2014 consultations were held with the social partners in the Economic and Social Council (CES) to examine the possible ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes with interest that the ratification of the Convention was registered on 6 June 2016. The Government adds that between June and August 2017, the Executive Secretariat of the CES, together with the Department of External Cooperation of the Secretariat of Labour and Social Security (STSS), convened a tripartite meeting with employers and workers to comment on the Government’s reports on ratified and unratified Conventions. The Government provides copies of the communications in writing sent on 20 August 2018 to employers and workers so that they could provide their respective observations on the Government’s reports on ratified Conventions, in accordance with article 23 of the ILO Constitution. The Government also refers to the tripartite consultations held in the CES in relation to the various national labour initiatives, such as the Act on labour inspection, the Act on social inclusion for self-employed and own-account workers, the National Employment Policy and the Act on free, prior and informed consultation, adopted in accordance with the call made by the Committee on the Application of Standards in relation to the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee also notes that in its observations the COHEP denies that tripartite consultations were held on the subjects relating to international labour standards set out in Article 5 of the Convention. The Committee requests the Government to continue providing detailed and updated information on the consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention.

Article 4. Training. In reply to its previous comments, the Committee notes the Government’s indication that on 11 February 2018 it requested ILO technical assistance in relation to the matters covered by the Convention. The Committee also notes the indication by the COHEP that there has been a re-structuring of the composition of the CES, including the establishment of an administrative structure that is independent of the STSS with a view to improving the operation of the Council. It indicates that, since January 2018, the employers have assumed the presidency of the CES and that monthly meetings are currently being convened. Finally, the Committee notes the COHEP’s indication that, through the Sectoral Decent Employment Round Table (MSED), various workshops were held in 2017 and 2018 with a view to improving the capacities of the representatives of the social partners in the CES. These training activities and workshops covered various subjects, including the promotion of decent employment, social dialogue and tripartism. The Committee requests the Government to continue providing information on the measures adopted with a view to strengthening the capacities of the members of the Economic and Social Council (CES), and the staff of the technical secretariat. The Committee hopes that the technical assistance requested in this regard will be provided in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Honduran National Business Council (COHEP), forwarded and supported by the International Organisation of Employers (IOE), which were received on 28 August 2015.

Articles 2(1) and 5(1) of the Convention. Effective tripartite consultations. The Committee notes that the Government refers in its report to the invitations sent concerning the establishment of a tripartite committee with the objective of discussing and preparing the reports for 2015 on ratified Conventions and providing a consensual reply to the questionnaire concerning the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71). The Government also indicates that the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), was submitted to the National Congress and that no tripartite consultations have been considered regarding the re-examination of unratified Conventions or Recommendations to which no effect has been given. COHEP indicates that for the first time the Ministry of Labour and Social Security issued a tripartite invitation to the sectors to respond to the reports for 2015. COHEP adds that it is hoped that this practice will be maintained, taking into consideration the observations made by the various sectors. The Committee requests the Government to continue supplying information on the consultations held on the matters relating to international labour standards covered by Article 5(1) of the Convention.

Article 4. Training. The Committee notes the Government’s indication that, in response to the Committee’s invitation to examine, together with the social partners, the possibility of having recourse to the Office to examine ways in which the Government might receive advice and assistance on the areas covered by the Convention, it will reach a consensus with the social partners so that the capacities of the members of the Economic and Social Council (CES) and of those in the Technical Secretariat will continue to be strengthened. The Committee requests the Government to provide information on any progress made in this area.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the Government’s first report on the application of the Convention received in September 2014. The Committee also notes the observations made by the Workers’ General Central Union (CGT) and the Honduran National Business Council (COHEP) supported by the International Organisation of Employers (IOE), as well as the Government’s replies to said observations. The IOE voiced its support for the observations of COHEP. The CGT expressed its discomfort with the Government’s interference in a number of tripartite bodies. For its part, the COHEP states that the Government submitted replies without having consulted the employers and workers. The Committee invites the Government to indicate whether the comments of the CGT and COHEP were taken into account, in order to ensure that the tripartite consultations on international labour standards were conducted in accordance with the Convention.

Article 4 of the Convention. Training. The Committee notes that the Economic and Social Council (CES) is a body for dialogue and consultation on socio-economic and labour matters, whose fields of competence include the areas covered by the Convention. The Government states that, through the Ministry of Labour and Social Security, it requested the CES to establish a tripartite committee to review regularly all the consultations concerning the operation of the Organization. The Committee also takes note of the assistance received by the CES for its institution-building and the assistance requested by the Government, in its report, for strengthening the capacities of its members and the technical secretariat. The Committee invites the Government to examine, together with the social partners, the possibility of addressing the Office to examine ways in which the Government might receive advice and assistance on the areas covered by the Convention.

Article 5(1). Effective tripartite consultations. The Committee invites the Government to provide specific information on the consultations held on the replies to questionnaires concerning items of the agenda of the Conference (Article 5(1)(a)), on the proposals made to the National Congress in connection with the submission of the instruments adopted by the Conference (Article 5(1)(b)) and on the preparation of reports on the application of the ratified Conventions (Article 5(1)(d)). Please also indicate whether any consideration has been given to holding tripartite consultations to re-examine unratified Conventions or Recommendations to which no effect has been given (Article 5(1)(e)).