Definitive Report - Report No 158, November 1976

Case No 820 (Honduras) - Complaint date: 27-JUN-75 - Closed

1. 31. The Committee last examined this case at its session in November 1975 when it submitted an interim report (contained in paragraphs 283 to 289 of its 153rd Report) to the Governing Body.
2. 32. 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. 33. The WCL had alleged that the Honduras army attacked the institute of the trade union federations in the Department of Olancho, killing five persons and injuring several. It had also alleged that all officers of the General Central of Workers had been arrested and that the Government was endeavouring to destroy the National Peasants' Union (a body affiliated to the WCL and the Latin American Workers' Confederation), 400 militant members of which were in prison. According to the complainants, 15,000 peasants marched on the capital to protest against the infringements of fundamental rights and freedom of association.
2. 34. The Latin American Federation of Peasants (FCL) claimed that the Government had massacred peasants in the Department of Olancho and that the military forces had occupied all headquarters of the National Peasants' Union and the General Central of Workers, arresting all their leaders. In other communications, the FCL stated that these events were the outcome of various problems which had been accumulating and which had remained unresolved over the years. It recalled the tragic events of 1972 and stated that the persons responsible were the same as those who were responsible then (who maintain paramilitary organisations). The National Peasants' Union, added the complainants, had always maintained a positive attitude to these questions which remained unsolved despite numerous agreements with the Government. The FCL appended to its letters a large volume of documents relating in particular to the agrarian reforms demanded by the National Peasants' Union, to that body's meetings with the authorities and the results of the meetings, and to the dispute which had arisen. They included a partial list of the detainees.
3. 35. The Government had stated in its original reply that the allegations did not accurately reflect the events. It stated that a high-level military commission had been instructed to inquire into the events of 25 June 1975. Certain persons (both civilian and military) who were suspected of being implicated in the events had been remanded in custody and held at the disposal of the competent courts. The Government also stated that the temporary occupation of the offices of the National Peasants' Union and the General Central of Workers had been decided upon in order to avoid a worse situation. These offices were returned to the organisations and the leaders, arrested as a precaution, were now free. The Government added that it would severely punish the persons responsible, without distinction.
4. 36. The Committee, taking the view that it did not have at its disposal sufficient information on which to reach a decision on these events at that stage, noted that the occupied trade union premises had been evacuated and that the arrested trade union leaders had been released. It requested the Government to provide detailed information on the results of the inquiry which was to be carried out by the military commission regarding the violence in the Department of Olancho.
5. 37. By two communications dated 30 January and 18 February 1576, the Government transmitted additional information with regard to the complaint.
6. 38. The Government confirms that no trade unionists are being held in detention and that the persons responsible for the events which took place in the Department of Olancho are being dealt with by the competent courts.
7. 39. In addition, the Government transmits a copy of a text which it has sent to the Secretary-General of the United Nations in reply to a complaint against the Government of Honduras submitted to the Commission on Human Rights by the World Federation of Rural Workers concerning these events. From this text, the Committee notes that a commission of Inquiry was appointed by the Government to investigate the matter. When the detailed report of that Commission was issued the authorities ordered that charges be brought against those persons, whether civilian or military, who had been responsible for the above events. These persons were being held at the Central Prison and would be tried in accordance with the law. The events at Olancho, states the Government, occurred without the knowledge of the higher authorities of Honduras.
8. 40. The Government also states that the Secretary of Labour and Social Welfare has been instructed to carry out a full inquiry as to the measure of protection afforded by the law - and especially the Law on Agrarian Reform - to workers and peasants. In fact, through, the National Agrarian Institute, agreements have been reached with the peasant families concerning the lands in question which have been assigned to them legally.
9. 41. The Government appends to its communication the text of the order given to the Attorney General to take appropriate and speedy action to bring to justice the persons responsible for the events in the Department of Olancho in which a number of persons, including two women and two priests, lost their lives. The Government also appends to its communication a notice from the Director of the Central Prison in which several persons are named as being held in this connection.

B. B. The Committee's conclusions

1. 42. From the information at its disposal, the Committee notes that a Government inquiry into the serious events which took place in the Department of Olancho in June 1975 has led to the arrest of a number of persons, both civilian and military, who were responsible for these events. It would also seem clear that the issues which culminated in the disturbances in Olancho related more particularly to questions of land tenure and agrarian reform. However, the Committee cannot overlook the fact that these disturbances led to the death of a number of peasants as well as to the occupation of trade union premises and the arrest of trade union leaders. The Committee notes the Government's statement that these premises have been evacuated and that the trade union leaders have all been released. In taking note of this information, the Committee would point out that the arrest of trade unionists against whom no grounds for conviction are subsequently found is liable to involve restrictions on trade union rights, and that governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger of detention for trade union activities.

The Committee's recommendations

1. 43. In all the circumstances, the Committee recommends the Governing Body:
   • (a) to note the confirmation given by the Government that no trade unionists are being detained and to draw the attention of the Government to the principle expressed in the preceding paragraph regarding the arrest of trade unionists;
   • (b) to note that the persons responsible for the events referred to by the complainants have been arrested and will be brought to trial and to request the text of the judgments pronounced in these cases; and
   • (c) subject to the above, to decide that, for the reasons indicated in paragraph 42 above, the case does not call for further examination on its part.