Interim Report - Report No 239, June 1985

Case No 1271 (Honduras) - Complaint date: 23-MAR-84 - Closed

1. 259. The complaint of the World Confederation of Organisations of the Teaching Profession was presented in a communication dated 23 March 1984. At its meeting in February 1985 the Committee, having noted that despite several requests the Government had still not sent the information and observations requested from it appealed to it to supply its observations as a matter of urgency. The Committee also drew the Government's attention to the fact that, in accordance with the rule of procedure established in paragraph 17 of its 127th Report, approved by the Governing Body, the Committee could submit a report on the substance of the matter even if the Government's observations had not been received by its next session (238th Report of the Committee, para. 20). Since then the Government has still not furnished information or observations on the matter.
2. 260. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087) and the Right to Organise and Collective Bargaining Convention, 1949 (No.098) .

A. Allegation of the complainant organisation

1. 261. The complaint of violation of freedom of association is lodged against the Government of Honduras by the World Confederation of Organisations of the Teaching Profession (WCOTP) on behalf of its affiliate, the Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH). According to the WCOTP, the Government has interfered with the right of organisations to draw up their rules and to elect their representatives by adopting legislative measures, and with the right of the most representative organisation to elect its representatives to advisory bodies by withdrawing this right of representation from genuine representatives of the teaching personnel of Honduras and giving it to a dissident group set up with the support of the Government and of the police and military.
2. 262. The WCOTP explains that on 26 September 1983 the Government adopted Legislative Decree No. 170-83 to promulgate an Act respecting the Professional College for the Advancement of Teaching in Honduras (COLPROSUMAH) , repealing the previous Act of 11 December 1964 on the matter. The new Act was published in the Official Gazette on 15 October 1983. It was prepared without the participation of this trade union organisation and, in drafting it, Parliament established new standards for the election of the executive committee of the organisation stipulating that trade union leaders may not be re-elected until two two-year periods had elapsed (sections 25 and 26 of the Act). According to the WCOTP, this text was adopted with a view to prejudicing the trade union executive of the COLPROSUMAH and in order to favour a group of teachers who have taken over the organisation with the support of the Government.
3. 263. The WCOTP states that the adoption of this legislation and the change of trade union representatives on the various advisory bodies must be seen against the background of the events of 1982-1983 which were the subject of a complaint to the Committee on Freedom of Association (Case No. 1166 concerning the dismissal of teachers, the occupation of trade union premises and the confiscation of the assets of COLPROSUMAH).
4. 264. The WCOTP recalls that, in the case in question, the Government had adopted repressive measures following a strike and a demonstration, dismissing 300 teachers, 31 of whom remained unemployed, and subjecting the schools to military supervision. Moreover, the Government had supported a dissident group within COLPROSUMAH, made up of 25 persons who, with a view to disrupting the annual meeting in December 1982, had organised a parallel meeting at which a different trade union executive was elected and recognised by the authorities. Furthermore, during the annual meeting of COLPROSUMAH, elements of the National Department for Investigations and members of the public security forces took possession of the COLPROSUMAH premises, preventing trade unionists from entering. Shortly afterwards, a representative of the Supreme Court of Justice handed over the COLPROSUMAH assets and property to the dissident group.
5. 265. The WCOTP adds that since the setting up of this dissident group which, according to its affiliate, is not trusted by the teaching personnel of Honduras, the genuine representatives of COLPROSUMAH have been divested of the right to represent the teachers on the various advisory bodies and institutions established by the Act respecting COLPROSUMAH. This Act provides for co-operation between the educational authorities and COLPROSUMAH on teaching matters (section 6(f)).
6. 266. According to the WCOTP, this proves that the allegations made in Case No. 1166 concerning the close links between this group and the Government were well founded and proves also the erroneous nature of the Government's statements concerning the events leading up to the election of the COLPROSUMAH executive committee. The WCOTP recalls that the Government stated "these are events which fall exclusively within the competence of this organisation" and "the participation of the Government cannot exceed that permitted by the laws of the country" (230th Report, Case No. 1166, para. 109) . However, the WCOTP maintains that, by modifying the representation of the teaching personnel on the various public bodies, the Government has interfered in the trade union affairs of this organisation.
7. 267. The complainant organisation concludes by stating that the dissident group is still occupying the COLPROSUMAH premises and enjoying the use of its assets, including the dues of the union's members. Moreover, the Government attempted to ban a meeting of the United Front of Teachers of Honduras and interfered in the activities of the College of Secondary School Teachers (COPEMH) and of the first Primary Teachers' College (PRICPHMA), as is borne out by the newspaper articles attached to the WCOTP's communication. The complainant organisation furnishes the list of teachers who have not been reinstated despite the assurances given on this point by the Government.

B. The Committee's conclusions

1. 268. The present complaint concerns allegations of interference by the Government in the affairs of a teachers' union of Honduras by legislative measures and the non-reinstatement of teachers dismissed following a labour dispute despite assurances given on the matter by the Government.
2. 269. First of all, the Committee deplores the fact that the Government has failed to supply observations on this case despite the time that has elapsed since the complaint was presented and despite the numerous requests made to it.
3. 270. The Committee considers it necessary to draw the Government's attention to the fact that the purpose of the whole procedure concerning allegations of infringements of freedom of association is to ensure respect for freedom of association both in law and in fact. The Committee recalls that while this procedure protects governments against unreasonable accusations, the governments should in turn recognise the importance of supplying, for objective examination, detailed replies to the allegations made against them.
4. 271. In the present case, the complainant organisation has attached the text of the Legislative Decree of 23 September 1983 to establish rules for the trade union organisation which is the subject of the complaint. The Committee is obliged to observe that the Government, by adopting this Act, has seriously undermined the right of this organisation to draw up its rules freely and that it has also undermined the workers' right freely to elect their representatives by adopting legislative measures forbidding teachers to re-elect their trade union leaders until two two-year periods have expired.
5. 272. The Committee recalls with firmness that in ratifying Convention No. 87 the Government undertook to leave workers' organisations themselves the right to draw up their constitutions and rules and to elect their representatives in full freedom. The Committee draws the Government's attention to the fact that public authorities must refrain from any interference which would restrict this right or impede the lawful exercise thereof.
6. 273. The Committee therefore requests the Government to indicate what measures it envisages taking to repeal the provisions of the national legislation which are incompatible with the Convention and to enable the organisation in question to adopt itself its own rules in accordance with Article 3 of Convention No. 87.
7. 274. Furthermore, the Committee observes with regret that, despite the Government's assurances in Case No. 1166, a number of teachers dismissed on account of a strike have still not been reinstated. The Committee considers that the dismissal of workers because of a strike, which is a lawful trade union activity, constitutes serious discrimination in employment and is contrary to Convention No. 98, ratified by Honduras. It insists that the Government should indicate what measures it envisages taking to secure the reinstatment of the teachers whose names are given in the Annex to this case.

The Committee's recommendations

1. 275. In these circumstances, the Committee recommends the Governing Body to approve this interim report and in particular the following conclusions:
   • (a) The Committee deplores the fact that, despite the time that has elapsed since the complaint was lodged and despite the numerous requests made to it, the Government has not communicated its observations on this case.
   • (b) As regards the Government's interference in the rules of an organisation and in the elections of trade union leaders by its adoption of a 1983 Act to issue rules for COLPROSUMAH, a teacher's organisation affiliated to the complainant confederation, the Committee recalls with firmness that, in ratifying Convention No. 87, the Government undertook to leave it to workers' organisations themselves to draw up their own constitutions and rules and to elect their representatives in full freedom. The Committee therefore requests the Government to state what measures it envisages taking to repeal the provisions of the national legislation which are incompatible with the Convention and to enable the organisation to adopt itself its own rules in accordance with Article 3 of Convention No. 87.
   • (c) With regard to the non-reinstatement of a number of teachers who were dismissed on account of a strike in 1982 (and whose names are given in the Annex to this case), the Committee considers that dismissal on account of a strike constitutes serious discrimination in employment for the exercise of a lawful trade union activity and is contrary to Convention No. 98, ratified by Honduras. It insists that the Government should state what measures it envisages taking to secure the reinstatement of the dismissed teachers whose names are given by the complainant organisation.
   • (d) The Committee requests the Government to consent to the carrying out of a direct contacts mission to the country so that the various aspects of this case may be fully examined.

Z. ANNEX

• List of teachers dismissed by the Ministry Education
  1. 1 Omar Edgardo Rivera
  2. 2 Herminio Alcerre Cálix
  3. 3 Sócrates Saúl Coello
  4. 4 Orlando Turcios
  5. 5 Juan Ramón Miralda
  6. 6 Santos Gabino Carbajal
  7. 7 Adalid Romero
  8. 8 Galel Cárdenas
  9. 9 Jorge Gálvez
  10. 10 Venancio Ocampo
  11. 11 Marco Tulio Mejía
  12. 12 Luis Alonso Canales
  13. 13 Alba de Mejía
  14. 14 Francisco Marcelino Borjas
  15. 15 Odavia Chinchilla
  16. 16 Margarita Escobar
  17. 17 Maribel Gómez Robleda
  18. 18 Felix Chinchilla
  19. 19 Isabel Traperos
  20. 20 Manlio Ernesto Ayae
  21. 21 Armando Acosta
  22. 22 Justo Pastor Bonilla
  23. 23 Eloisa Escoto de Berrios
  24. 24 Edil Adonay Carranza
  25. 25 Miguel Angel Berrios
  26. 26 Wilberto Mendez
  27. 27 Isidro Rivas
  28. 28 Ramón Zavala
  29. 29 Marco Aurelio Pinto
  30. 30 Marco Antonio Vallecillo
  31. 31 Ivan Diaz Panchamé