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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Honduras (Ratification: 1956)

Comments from workers’ and employers’ organizations

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee also notes the Government’s reply to the comments of 2009 and 2011 from the International Trade Union Confederation (ITUC) referring to legislative issues still pending and to murders and shootings of trade unionists, and the ITUC’s new comments of 31 July 2012 alleging an attempt on the life of a trade union leader and the arbitrary detention of trade union officials and members. The Committee notes that the Government provides information on the investigations and court proceedings under way in these cases. The Government also reports that the cases already investigated and referred to the courts pertain to ordinary law offences and are unrelated to trade union activity. While noting that a Public Safety Reform Committee had been created, the Committee emphasizes that a truly free and independent trade union movement can develop only in a climate that is free of violence, pressure or threats of any kind against the leaders and members of these organizations. The Committee asks the Government to ensure that this principle is observed.

The Committee also notes the ITUC’s comments on the National Hourly Employment Programme. In this respect, the Committee notes the conclusions and recommendations made in this connection by the Committee on Freedom of Association in Case No. 2899 (see 364th Report, June 2012, paragraphs 568–574).

Legislative issues. The Committee recalls that for many years it has referred to the need to amend several provisions of the Labour Code to bring them into line with the Convention. The Committee’s comments referred to:

• -the exclusion from the scope of the Labour Code, and consequently from the rights and guarantees of the Convention, of workers in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1) of the Labour Code);
• -the prohibition of more than one trade union in a single enterprise, institution or establishment (section 472 of the Labour Code);
• -the requirement of more than 30 workers to establish a trade union (section 475 of the Labour Code);
• -the requirement that the officers of a trade union, federation or confederation must be of Honduran nationality (sections 510(a) and 541(a) of the Labour Code), be engaged in the corresponding activity (sections 510(c) and 541(c) of the Labour Code), and be able to read and write (sections 510(d) and 541(d) of the Labour Code);
• -the ban on strikes being called by federations and confederations (section 537 of the Labour Code); the requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563 of the Labour Code); the authority of the Ministry of Labour and Social Security to end disputes in oil production, refining, transport and distribution services (section 555(2) of the Labour Code); the need for government authorization or a six-month period of notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558 of the Labour Code); the referral to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services that are not essential in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (sections 554(2) and (7), 820 and 826 of the Labour Code).

The Committee notes that, in referring to these issues, the Government states that there have been no proposals to amend the legislative provisions in question. The Committee observes that the Government no longer refers to the draft reform of the Labour Code that included several amendments requested by the Committee. Nonetheless, the Committee notes the Government’s statement that the country is firmly committed to reforming the labour legislation. The Government adds that, pending the support requested of the International Labour Office, it will take measures with a view to harmonizing the labour legislation with ratified Conventions and that for this purpose a technical committee is working on draft decrees that will implement this high-ranking objective. The Government also indicates that the employers’ and workers’ sectors will be invited so as to ensure that these drafts, when submitted for tripartite scrutiny in the Social and Economic Council, following awareness-raising action, achieve the expected consensus. Furthermore, the Committee notes that, according to the Government, a comprehensive national programme with an immediate action plan on standards and fundamental rights at work in Honduras is to be proposed. The Government states that its efforts will be backed up with technical assistance from the ILO. The Committee hopes that all the initiatives referred to by the Government will enable the legislation to be brought into line with the requirements of the Convention. The Committee expresses the firm hope that, with technical assistance from the Office, and in full consultation with the social partners, the Government will take all necessary steps to align the Labour Code with the Convention. The Committee trusts that, in that process, all the issues it has raised will be taken into account. It asks the Government to provide information on any measures adopted in this regard in its next report.