Interim Report - Report No 197, November 1979

Case No 938 (Honduras) - Complaint date: 26-JUL-79 - Closed

499. Case No. 929 has been examined by the Committee in May 1979 when it submitted interim conclusions thereon, approved by the Governing Body at its 210th Session, The World Federation of Trade Unions (WFTU), by letter dated 26 July 1979, presented further allegations (Case No. 938). The Government provided additional information in two letters dated 30 May 1979 and in letters dated 22 and 28 August 1979.

1. 499. Case No. 929 has been examined by the Committee in May 1979 when it submitted interim conclusions thereon, approved by the Governing Body at its 210th Session, The World Federation of Trade Unions (WFTU), by letter dated 26 July 1979, presented further allegations (Case No. 938). The Government provided additional information in two letters dated 30 May 1979 and in letters dated 22 and 28 August 1979.
2. 500. 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. 501. The allegations arise, in part, from events which took place on 6 March 1979 in .he Bemis Handal textile plant in San Pedro Sula. According to the Latin American Central of Workers (CLAT), the International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL), the intervention of the police and security forces to break up the workers' strike and their occupation of the plant resulted in the burning down of the plant and the death of several workers. Also according to the complainants, many workers were arrested. For its part, the WCL provided a list of 14 workers, members of the National Peasants' Union, who were said to be detained in various prisons in the country. The WFTU in its letter of 26 July 1979 provides a list of 12 trade unionists and 3 professors who have been allegedly arrested for organising a strike in Honduras.
2. 502. The Government, in its previous replies, stated that during the incidents on 6 March 1979, the fire was deliberately started in the Bemis Handal undertaking by the occupants with the intention of destroying this work centre. The authorities therefore immediately had undertaken investigations to find the authors of the arson and bring them to trial in order to determine their participation in the matter. These investigations led to the detention of 11 persons who remained at the disposal of the criminal judge. The Government stated that these arrests were carried out in the course of the judicial inquiry on the case and that no account had been taken of the eventual trade union affiliation of those concerned. The Government confirmed the death of one worker,° indicating that he had been shot with a .22 calibre weapon not used by the public security forces. It also stated that judicial proceedings were underway into the death of this worker.
3. 503. The Committee noted that in view of the largely contradictory nature of the complainants' allegations and the Government's replies, it could not at that stage come to any conclusions in full knowledge of the facts. Nevertheless, it expressed its concern over the seriousness of the events resulting from the intervention of the police, and deplored the death of a worker, confirmed by the Government. It noted that the inquiries carried out concern the origin of the fire in the factory and the circumstances of the death of the worker, and asked the Government to provide information on the results of these inquiries, the texts of the judgements handed down and the reasons adduced therefore. The Committee also requested the Government to transmit its observations about the 14 agricultural trade unionists who were allegedly detained.,
4. 504. In its letters of 30 May 1979, the Government indicates that of the 14 agricultural trade unionists named by the WCL, 9 had been arrested in connection with the investigation of various offences of attempted murder, robbery or theft, in 1978, and were set free by the courts in April and May 1979 because there was no sufficient reason to continue their detention. Two others, Messrs. Emilio Arguijo Mencias and Eleuterio Nolasco Varela, are still detained by order of the criminal court, charged with theft and damages punishable under the Penal Code; and one, Mr. Genaro Medina Varela, remains detained by order of the judge of Yoro, charged with arson. The judicial proceedings regarding these three persons are continuing in accordance with the penal procedures of the country. The Government indicates that it has no record of the other two persons mentioned by the WCL, Messrs. Asunción Cruz Miranda and Venancio Ramirez, ever having been held in detention. Attached to one of the letters are statements from various judges confirming the situation of the detainees. The Government adds that agricultural workers in the country enjoy the same rights and guarantees as do other citizens and it stresses that social justice can only be built on a democratic base.
5. 505. The Government, in its letters of 22 and 28 August 1979, supplies information on the results of the inquiry into the death of one worker and the fire at the Bemis Handal plant. It states that on 16 March 1979, 11 men (whose names are given) were ordered to be held in preventive detention for these offences in accordance with the law. Two of them, Messrs. Antonio de Jests Hernández Mendoza and Jorge Rodriguez Calderon, leaders of the Honduras General Central of Workers, appealed against this decision before the Appeal Court which, on 9 July 1979, confirmed it. However, they requested and were granted medical examinations which resulted in their release on bail, on 28 July 1979. The Government provides a photocopy of the judicial order setting them free, along with Luis Adolfo Portillo who was involved in the same affair.
6. 506. The Government states that the judicial inquiry is continuing as regards the 11 accused, and that at this stage it cannot supply any information or judicial decisions.
7. 507. Regarding the list of 12 trade unionists and 3 professors whose detention had been alleged by the WFTU, the Government states that 10 of them were amongst those detained on 16 March 1979 for their involvement in the incidents at the Bemis Handal plant. Amongst them are Messrs. Antonio de Jests Hernández Mendoza and Jorge Rodriguez Calderón who were set free on bail as indicated above.
8. 508. In its letter of 28 August 1979, the Government stresses that there is in Honduras a well-organised, strong and independent trade union movement, led for the most part by people who have acquired much experience in trade union matters. Nevertheless, it points out, some union leaders carry out activities which are punishable under criminal law, and the Government does not accept the notion that their status as trade union leaders excuses them from criminal responsibility. It states that this is the case in the proceedings arising from the events which took place at the Bemis Handal plant.
9. 509. The Committee notes the information supplied by the Government.

B. B. The Committee's conclusions

1. 510. Regarding the WCL's allegation that 14 agricultural trade unionists were detained in various prisons in the country, the Committee notes the Government's statement and supporting information to the effect that these persons were arrested for suspected criminal offences. It also notes that, in support of their allegation, the complainants have presented no information indicating that they had been detained for their trade union activities. In these circumstances, the Committee considers that this aspect of the case does not call for further examination.
2. 511. As regards the results of the inquiry into the death of one worker and the fire during the incidents at the Bemis Handal plant, the Committee takes note of the Government's statements that 11 workers were ordered to be held in preventive detention on 16 March 1979 by the criminal court judge and that 3 of them were released on bail pending trial. The Committee hopes that the text of the judgements will be provided in due course, as previously requested.
3. 512. The Committee also notes that the Government has not provided information on 5 of the 15 persons listed in the WFTU's complaint, namely, Messrs. Juan Emilio Oliva, treasurer of a trade union organisation, Alejandro Vallecillo, trade union delegate and member of a strike Committee, Professor Herminio Deras, Pedro Brizuela, trade union counsellor, and Professor Victor Baillon.

The Committee's recommendations

1. 513. In these circumstances the Committee recommends the Governing Body:
   • (a) as regards the detention of 14 agricultural trade unionists:
   • (i) to note that according to the information provided by the Government, these persons were accused of criminal offences and brought before the courts, which released 9 of them;
   • (ii) also noting that the complainant did not supply particulars in support of its allegation, to decide that this aspect of the case does not call for further examination;
   • (b) as regards the results of the inquiry into the death of one worker and the fire at the Bemis Handal plant, to note that the criminal proceedings are still underway and request the Government to provide the texts of the judgements and the reasons adduced therefore, when they are available;
   • (c) to request the Government to transmit its observations about the alleged detention of five other trade unionists listed in paragraph 512 above;
   • (d) to take note of this interim report.