Rapport intérimaire - Rapport No. 278, Juin 1991

Cas no 1538 (Honduras) - Date de la plainte: 14-JUIN -90 - Clos

1. 473. The ICFTU submitted its allegations of violations of freedom of association in Honduras in a communication dated 14 June 1990. The FUTH sent a communication dated 24 October 1990 in support of the allegations submitted by the ICFTU. The Government sent its observations on some of the allegations in a communication dated 21 March 1991.
2. 474. Honduras has ratified both 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. The complainants' allegations

1. 475. In its communication of 14 June 1990, the ICFTU expressed its concern at the wave of violence that swept Honduras in May and June 1990. The majority of persons affected were members or leaders of various trade union organisations, seeming to imply that there were political motives behind these occurrences.
2. 476. In its communication of 19 May 1990, the ICFTU deplored the fact that in San Pedro Sula, armed civilians violently broke into the home of the Secretary of International Relations of the Union of Workers of the National Electricity Enterprise (STENEE), Hilario Aguilera, and illegally interrogated his wife, Antonia Ortega, demanding information on her husband's activities. On 21 May at 7.40 p.m., two armed persons once again broke into Antonia Ortega's home, threatening her with death if she did not reveal the whereabouts of her husband. Later, on 22 May, at 12.35 p.m., armed individuals stopped Antonia Ortega in the street, threatening her with death if she did not hand over the keys to her home. Thanks to the intervention of a number of passers-by, she was able to escape. Those responsible for these actions were travelling in vehicles that have not been identified. Its methods are similar to those used by the members of the Anti-Insurrectional Department of the Navy (former batallion 3-16), responsible for various violations of human rights.
3. 477. On 31 May 1990, at 7.15 p.m., an armed unidentified person murdered the leader Francisco Javier Bonilla Medina, who was until last year the president of the Trade Union of Workers of the Honduran Social Security Institute (SITRAIHSS), on the El Chile bridge in Tegucigalpa. In addition, Francisco Bonilla was a delegate of the Congress of Trade Unions and member of the advisory council of the FUTH (Single Federation of Workers of Honduras). He worked in the department of electrical equipment. He was murdered when leaving a meeting of the trade union in the company of some of his colleagues. When they were crossing the El Chile bridge, an individual emerged from the darkness at the extreme north of the bridge and fired on the trade unionist at close range. After committing the crime, the murderer immediately fled to an outlying suburb, poorly lit and with little police surveillance. The criminal fired further shots in an attempt to kill the victim, but did not succeed.
4. 478. The ICFTU notes that given the background to the case, this is a political crime and cannot be anything else because the victim did not have any personal enemies. He died later when being transported urgently to hospital. The ICFTU also points out that the crime occurred when the trade union to which the victim belonged was threatened with dissolution, because the employers were demanding that its legal personality be withdrawn. What is more, the new Director of the Social Security Institute fails to respect clauses of the collective labour agreement and wants to set up a parrallel trade union; to attain this end, he has carried out massive dismissals and recruited new staff acknowledged to be officials having military training who joined the trade union in that capacity.
5. 479. The communication from the ICFTU concludes by deploring the fact that on 3 June 1990 at 1 p.m., the body of the 29-year old trade unionist Ramon Antonio Briceño, was found; Mr. Briceño was a leader and active member of the Trade Union of the Central Bank of Honduras. He was employed by this same bank, held a degree in economics and was a leader of the FRU (University Reform Front). The body was discovered on a deserted plot between the Kennedy and los Llanos districts in Tegucigalpa. It showed obvious signs of having been tortured before being riddled with 11 bullets. His face was almost shattered by the impact of four bullets (one in the mouth, two in the forehead and one in the right eye). Many neighbours believe that the victim was not executed in the place where he was found as no shots had been heard. However, the body was pierced in 11 places as a result of shots from a firearm.
6. 480. In its communication of 24 October 1990, the FUTH sent press cuttings giving details of the murders of the trade union leaders reported by the ICFTU and expressed its full support for the complaint submitted by the ICFTU.

B. The Government's reply

1. 481. In its communication of 21 March 1991, the Government refers to the complaint alleging death threats against Hilario Aguilera, secretary of international relations of the Union of Workers of the National Electricity Enterprise (STENEE) and encloses a copy of the "criminal complaint for attempted kidnapping and death threats" brought by the victim before the 3rd Departmental Criminal Court of San Pedro Sula - which was acknowledged and sealed by the above-mentioned court. The ruling pronounced by the Supreme Court of Justice will be sent to the Committee since it is being treated as a matter of urgency.
2. 482. As regards the murder of Francisco Javier Bonilla, former president of the Trade Union of Workers of the Honduran Institute of Social Security (SITRAIHSS), many theories as to the grounds for this crime have been aired, both in the daily newspapers and the trade union media. It has been suggested that it was a crime of passion, being revenge based on occupational differences with the employers and even persecution by the armed forces in the country. The Government points out that no light has been shed on all these occurrences and that the only information it has is that contained in the newspapers and in the decision of the Supreme Court of Justice, which will be sent to the ILO as soon as it has been completed. The Government points out that it would be irresponsible to ascribe the crime to any grounds whatsoever without having any evidence to confirm the accusation, because nothing is 100 per cent certain; the only thing that is certain is the deplorable death of the leader, Mr. Bonilla Medina, which has deeply saddened the social organisations of the trade union movements in particular and Honduran society in general.
3. 483. The Government adds that when the armed forces were informed that they had been cited as possible perpetrators of these events, they promised publicly to carry out a detailed inquiry and set up a special committee for this purpose. They declared their horror and sorrow at the crime committed and rejected the irresponsible accusations that recognised organisations had made against them.
4. 484. The Government also refers to the discovery of the body of Ramon Antonio Briceño on 3 June 1990 and points out that there has been much speculation, similar to the other cases mentioned. In trade union circles, there has been conjecture as to the possible grounds for this death ranging from trade union reasons to personal motives. Information on this case has also been requested from the Supreme Court of Justice and it will be sent in due time. The Government encloses a number of press cuttings and points out that this is more or less all the information it has on these deplorable deaths.
5. 485. Finally, the Government reiterates its promise to send the report it has requested from the Supreme Court of Justice, which it trusts will contain elements of information that might cast a certain light on the justified complaints and satisfy the Committee on Freedom of Association.

C. The Committee's conclusions

1. 486. The Committee observes with concern that the allegations submitted in this case refer to the murder of the trade union leader Javier Bonilla Medina on 31 May 1990; to the bloody murder of Ramon Antonio Briceño, trade union activist of the Trade Union of the Central Bank of Honduras on 3 June 1990; and to death threats and the violent breaking into the home of the trade union official Hilario Aguilera and his family by armed persons on two occasions.
2. 487. As concerns the murders of the trade union officials Javier Bonilla Medina and Ramon Antonio Briceño, the Committee, while noting that the Government maintains that it has no evidence as to the possible motives of this crime or presumed guilty persons and that the armed forces have set up a special committee to investigate these events, emphasises that a climate of violence such as that described in this case constitutes a serious obstacle to the exercise of trade union rights. The violent acts in question require severe measures to be taken by the authorities to ascertain fully the facts, determine responsibilities, punish those responsible and prevent the repetition of such actions (see, in this respect, the Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 76 and 78). The Committee urges the Government to inform it of the outcome of the inquiries being carried out so as to cast light on these serious events and of the report of the Supreme Court of Justice and the special committee of the armed forces, when these have been completed.
3. 488. As concerns the death threats against the trade union official Hilario Aguilera and his wife and the violent entry into their home by unidentified armed persons, the Committee deplores this type of intimidation. It recalls that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists and that it is for governments to ensure that this principle is respected (see in this respect, Digest, para. 70). The Committee urges the Government to adopt appropriate measures without delay not only to guarantee the physical integrity of the trade unionist Hilario Aguilera and his family but also his rights and freedoms as a citizen. It requests the Government to keep it informed of the measures taken in this respect and of the outcome of the judicial inquiries undertaken.

The Committee's recommendations

1. 489. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)As regards the murders of the trade union officials Javier Bonilla Medina and Ramon Antonio Briceño, the Committee stresses that a climate of violence such as described in this case constitutes a serious obstacle to the exercise of trade union rights; the violent acts in question require severe measures to be taken by the authorities to ascertain fully the facts, determine responsibilities, punish those responsible and prevent the repetition of such actions. The Committee urges the Government to inform it of the outcome of the inquiries undertaken to throw light on these serious events and of the report of the Supreme Court of Justice and the armed forces' special committee, once these have been completed.
   • (b)Concerning the death threats against the trade union official Hilario Aguilera and his wife and the violent entry into their home by unidentified armed persons, the Committee deplores this type of intimidation and recalls that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists and that it is for governments to ensure that this principle is respected. The Committee urges the Government to adopt appropriate measures without delay to guarantee not only the physical integrity of the trade unionist Hilario Aguilera and his family, but also his rights and freedoms as a citizen. It requests the Government to keep it informed of the measures taken in this respect and of the outcome of the judicial inquiries undertaken.