Interim Report - Report No 90, 1966

Case No 423 (Honduras) - Complaint date: 29-NOV-64 - Closed

1. 273. This case already came before the Committee at its May 1965 meeting, when it submitted an interim report on the subject which will be found in paragraphs 63 to 78 of its 84th Report, approved by the Governing Body at its 162nd Session (May-June 1965). In that report the Committee submitted its final conclusions and recommendations with respect to the allegations relating to the registration and recognition of the complaining organisation, and the paragraphs which follow will deal only with the remaining allegations, examination of which was left outstanding pending the receipt of certain additional information requested from the Government.
2. 274. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 275. In its complaint dated 29 November 1964 the National Trade Union of Public Servants of Honduras (SINASEPH) stated that Professor Amilcar Salinas Rivera had been arrested and wrongfully dismissed from his post in the public administration four days after being elected Secretary-General of that organisation's Action and Public Relations Committee. The complainants held that the action taken against Professor Salinas Rivera was due to his trade union activities and added that Miss Marina Barnica, who had played a prominent part in the founding of the union, had been dismissed from her post as secretary at the Labour Inspectorate on the same day.
2. 276. When it examined the case at its meeting in May 1965 the Committee observed that in its observations the Government had given no specific explanation with respect to these allegations, merely referring to certain purely political activities which could not be pursued by trade unions. In consequence, for the reasons stated in paragraphs 75 and 76 of its 84th Report, the Committee recommended the Governing Body, while reaffirming the importance it attached to ensuring that trade union members arrested for political offences or for offences under ordinary law should be tried within the shortest possible period by an impartial and independent judicial authority, to request the Government to make specific observations concerning the reasons for the arrest of Mr. Salinas Rivera, and his present situation, and also to request the Government to send its observations concerning the reasons for the dismissal of Miss Marina Barnica and Mr. Salinas Rivera. Since it appeared from an earlier communication from the Government that Mr. Aristides Mejia Castro, who had signed the complaint as President of the SINASEPH, had also been dismissed, the Committee also requested the Government for observations with respect to his case.
3. 277. These recommendations, having been approved by the Governing Body, were transmitted to the Government by letter dated 28 June 1965, to which the Government replied on 12 January 1966.
4. 278. The Government declares on the basis of a report from the National Investigation Corps, copy of which it attaches, that Professor Salinas Rivera was arrested for the proved offence of attempting to overthrow the democratic form of government, but that he was subsequently released. The Government adds that since 18 August 1965 the person concerned has occupied a post as instructor at the Co-operative Technical Industrial Centre at San Pedro Sula, and attaches an attestation to that effect. Miss Marina Barnica was dismissed at the request of her immediate superior, the Chief of the Labour Inspectorate at San Pedro Sula, for failure to perform her duties. The Government also explains that Mr. Mejia Castro was not dismissed; he requested permission to resign from his post as Chief of the Workers' Education Department in order to go to the Central American Institute of Trade Union Studies, where he took up employment on 1 September 1964. The Government attaches a number of documents relating to Mr. Mejia Castro's request, including a copy of the request itself, wherein, inter alia, he expresses his gratitude for the confidence shown in him during his employment with the Ministry of Labour and Social Welfare and recommends a candidate to replace him. The Government denies having infringed Article 1 of Convention No. 98, considering that the persons named in the complaint have not been the victims of discrimination in respect of employment, nor were they dismissed on account of their trade union activities.

B. B. The Committee's conclusions

1. 279. The Committee takes due note of the information supplied by the Government, from which it appears that Mr. Mejia Castro left his post of his own accord and that Miss Barnica was dismissed purely on account of her work. As far as the latter is concerned, since the complainants confine themselves to mentioning her dismissal and her earlier trade union activities without furnishing any evidence which would serve to establish a link between the two, the Committee considers, in the light of the Government's reply, that it would serve no useful purpose to proceed with its examination of this aspect of the case.
2. 280. As regards Professor Salinas Rivera, the Government's reply announces that he has been released. The reply does not, however, refer specifically to the allegation that Professor Salinas Rivera was dismissed from his post in the public administration at the time of his arrest, i.e. four days after he was elected Secretary-General of the Action and Public Relations Committee of the National Trade Union of Public Servants of Honduras.

The Committee's recommendations

1. 281. In these circumstances the Committee recommends the Governing Body:
   • (a) with respect to the allegation relating to the dismissal of Miss Marina Barnica, to take note of the Government's statement to the effect that she was dismissed on account of her work and to decide, for the reasons stated in paragraph 278 above, that this aspect of the case does not call for further examination;
   • (b) to request the Government to be good enough to comment on the allegation that Professor Amilcar Salinas Rivera was dismissed from his post in the public administration on account of his trade union activities;
   • (c) to take note of the present interim report, on the understanding that the Committee will report further to the Governing Body when it has received the information requested from the Government in subparagraph (b) of this paragraph.
     • Geneva, 25 May 1966. (Signed) Roberto AGO, Chairman.