Informe provisional - Informe núm. 239, Junio 1985

Caso núm. 1216 (Honduras) - Fecha de presentación de la queja:: 15-JUN-83 - Cerrado

1. 243. The Committee already examined this case at its May 1984 meeting and presented interim conclusions to the Governing Body in its 234th Report, paragraphs 571 to 584 (approved at its 226th Session, May-June 1984). The Government supplied partial information in communications dated 12 June, 24 August and 31 October 1984.
2. 244. At its meeting in February 1985, the Committee addressed an urgent appeal to the Government for complete details on the outstanding issues in this case. It pointed out to the Government that, in accordance with the procedural rules in force, it would present a report on this case at its next meeting even if the Government's further observations had not been received. (See 238th Report, para. 20, approved by the Governing Body at its 229th Session, February-March 1985.) No further communications have been received from the Government.
3. 245. 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.098).

A. Previous examination of the case

1. 246. This case concerns the murder of four trade union leaders who were named in the complaint and who were members of the Workers' Union of the Agricultural and Cattle Raising Company of Sula (SITRACOAGS) and the serious wounding of three other union leaders on 29 March 1983 allegedly by vigilantes in the pay of the manager and owners of the company. It also concerns the subsequent assassination by an unknown person of another named trade union leader of the National Peasants' Association (ANACH) at Danli and the dismissal of 260 members of SITRACOAGS. The Government replied that, on 30 March 1983, proceedings had been instituted in the district criminal court against four named accused for murder and attempted murder and that, as at July 1983, the proceedings were at the indictment stage.
2. 247. In these circumstances, the Committee recommended the Government Body to approve the following conclusions:
   • - The Committee expressed its deep concern at the serious nature of the allegations which concerned the assassination of three trade union leaders and a trade unionist of SITRACOAGS and a trade union leader of ANACH, the attempted assassination of three other leaders of SITRACOAGS and the subsequent dismissal of 260 members of SITRACOAGS, especially since the complainant organisations had stressed the involvement in the alleged events of the manager and owners of the Agricultural and Cattle Raising Company of Sula, on which the Government had not commented.
   • - The Committee expressed its deep concern at the assassinations and the serious physical attacks against the trade union leaders and trade unionists concerned and requested the Government to inform it of developments in the judicial investigations under way into the crimes and to send it the text of the judgement to be handed down.
   • - The Committee regretted that the Government has not replied to the allegations concerning the assassination of the trade union leader of ANACH, Jacobo Hernández and the dismissal of 260 members of SITRACOAGS. It requested the Government to transmit its observations on these allegations as a matter of the greatest urgency and to open - if it had not already done so - a judicial inquiry into the assassination of this trade union leader and to inform it of the results.
   • - In general, the Committee drew the Government's attention to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. The Committee requested the Government to take urgent and appropriate measures to ensure that there would be no recurrence of the incidents that were described in this complaint.

B. The Government's replies

1. 248. In a communication dated 12 June 1984, the Government encloses a note, dated 17 May 1984, from the Supreme Court advising that the judge at first instance had called a stay in proceedings in the murder trial as concerns three of the accused and that, although two further accused had escaped from prison, the trial against them was at the indictment stage.
2. 249. In a communication of 24 August 1984, the Government indicates that it is awaiting further information from the Supreme Court as to whether the murder case is being heard or has been finalised. As regards the 260 SITRACOAGS members who were allegedly dismissed, it states that investigations are under way as to whether the dismissals in fact took place and to ascertain the reasons. The Government also states that it has requested the Supreme Court to supply information on the alleged murder of the ANACH trade union leader, Jacobo Hernández, in April 1983.
3. 250. In a communication of 31 October 1984, the Government supplies information from the Labour Inspectorate on the 260 alleged dismissals. It states that the undertaking did restructure its personnel over 1983-84 and there were staff reductions and some direct dismissals, both with payment of social benefits. The majority of dismissed workers opted to settle their problems through the Regional Office of the Ministry of Labour in San Pedro Sula.

C. The Committee' s conclusions

1. 251. The Committee regrets that in spite of the time which has elapsed since the last examination of this case, the serious nature of the allegations and the many requests made to the Government, the latter has not sent detailed observations on all the outstanding aspects of this case.
2. 252. Consequently, the Committee is bound to recall that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and it is confident that if it protects governments against unreasonable accusations, governments on their side should recognise the importance of formulating for objective examination detailed replies to the allegation submitted against them.
3. 253. As regards the trial of certain persons accused of the murder or attempted murder of trade union leaders and members of SITRACOAGS in March 1983, the Committee notes with regret that proceedings - now only against two accused - were still at the indictment stage in May 1984 with no final decision being handed down. It draws the Government's attention to the importance it has always attached to a prompt and independent legal investigation of alleged cases of death and assault of trade unionists with a view to elucidating the facts, identifying the persons responsible and taking proceedings against them. The Committee, accordingly, urges the Government to communicate information on the latest developments in the proceedings, and, if the trial has been concluded, to send it the text of the judgement.
4. 254. As regards the alleged involvement of the employers in the murders and attempted murders, the Committee deeply regrets that the Government has never commented on this serious allegation. It considers that, since this matter falls within the competence of the criminal courts, a criminal inquiry should be carried out. It urges the Government to supply information on any such investigations.
5. 255. The Committee notes with regret that no concrete information has been supplied on the alleged murder of the ANACH trade union leader, Mr. Jacobo Hernández, in April 1983. It would again draw attention to the principle set out above concerning the necessity of speedy and independent legal investigations into allegations of this nature and urges the Government to supply information on this aspect of the case.
6. 256. As regards the alleged dismissal of 260 members of SITRACOAGS after the assassinations of March 1983, the Committee notes that the complainants do not specifically state that this took place as a consequence of trade union membership or activities. On the other hand, the Government indicates that the majority left voluntarily with payment of certain benefits. It also notes from the Government's reply that there were some direct dismissals with compensation, a majority of which were challenged through the Regional Office of the Ministry of Labour.
7. 257. In addition to the information supplied by the complainants and the Government, the Committee observes that s. 125 of the Honduran Constitution protects workers against unjustified dismissal and empowers a dismissed worker to choose between compensation or reinstatement in his post. It also observes that s. 96(3) of the Labour Code prohibits employers from dismissing or in any way prejudicing their employees because of lawful trade union activities or membership and that the labour courts have wide jurisdiction in reviewing observance of the Code (Part IX). The Committee would accordingly express the hope that all necessary steps have been or will be taken to ensure that all cases of unfair dismissal that are brought to the attention of the authorities will be dealt with rapidly.

The Committee's recommendations

1. 258. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and, in particular, the following conclusions:
   • (a) The Committee regrets that, in spite of the time which has elapsed since the previous examination of this case, the serious nature of the allegations and the many requests made to the Government, the latter has not communicated detailed observations on all the outstanding aspects of the complaint.
   • (b) As regards the assassinations and serious wounding of a total of eight trade union leaders and members of SITRACOAGS and ANACH in March and April 1983, the Committee notes with regret that proceedings in the murder trial were still at the indictment stage in May 1984 and that no concrete information has been supplied on investigations into the murder of the ANACH trade union leader.
   • (c) The Committee draws the Government's attention to the importance it has always attached to a prompt and independent legal investigation being carried out into alleged cases of death and assault of trade unionists with a view to elucidating the facts, identifying the persons responsible and taking proceedings against them. It urges the Government to supply information on the latest development in the proceedings and to send it the text of any judgement which has been handed down.
   • (d) The Committee stresses the seriousness of the allegation concerning the involvement of the manager and owners of the Agricultural and Cattle Raising Company of Sula in the murders and attempted murders. It considers that since this allegation falls within the competence of the criminal courts, a criminal investigation should be carried out and urges the Government to supply information on any such investigations.
   • (e) The Committee urges the Government to supply information concerning the alleged murder of the ANACH trade union leader, Mr. Jacobo Hernández.
   • (f) As regards the 260 SITRACOAGS unionists who were dismissed after the assassinations in March 1983, the Committee expresses the hope that all cases of unfair dismissal that are brought to the attention of the authorities will be dealt with rapidly.
   • (g) Given the seriousness of the allegations in this case and the lack of information before the Committee, it requests the Government to consent to the carrying out of a direct contacts mission to the country in order that the various aspects of this case may be fully examined.