Interim Report - Report No 283, June 1992

Case No 1538 (Honduras) - Complaint date: 14-JUN-90 - Closed

1. 247. The Committee examined this case at its May 1991 meeting and submitted an interim report to the Governing Body (see 278th Report, paras. 473-489, approved by the Governing Body at its 250th Session (May-June 1991)). Because it had not received the Government's observations by the time of its subsequent meetings, the Committee had to postpone the examination of this case on two occasions; at its meeting of February 1992 the Committee launched an urgent appeal and drew the attention of the Government to the fact that in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it would present a report on the substance of this case at its next meeting even if the observations or information requested from the Government had not been received in due time. Since then, the Committee has still not received any communication from the Government.
2. 248. 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. Previous examination of the case

1. 249. The allegations which remained pending following the Committee's previous examination of the case (May 1991) concern the murders of trade union leaders Javier Bonilla Medina and Ramón Antonio Briceño, threats to the lives of trade unionists Hilario Aguilera and his family, and the forced entry into his home by an armed group.
2. 250. At its meeting of May 1991, the Committee formulated the following recommendations (see 278th Report, para. 489):
   • As regards the murders of the trade union officials Javier Bonilla Medina and Ramón 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.
   • 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.

B. The Committee's conclusions

1. 251. The Committee deeply deplores the Government's silence on these allegations and its failure to cooperate with the Committee's procedures, and specifically, the fact that it has not sent the information requested in spite of an urgent appeal. Owing to the time which elapsed since the allegations were filed (14 June 1990), the Committee has no choice but to examine this case without the benefit of the Government's observations.
2. 252. The Committee draws the attention of the Governing Body to the Government's attitude in this case, considering that acts of violence and murders which have been perpetrated against trade union leaders require the authorities to take severe measures in order to throw light on all the alleged deplorable acts. The Committee stresses that a climate of violence, coercion and threats aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos. 87 and 98. The Committee considers that all States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life, honour and property of citizens. It urges the Government once again to send its full observations on all of the pending allegations.
3. 253. The Committee reminds the Government that the purpose of the whole procedure set up in the ILO for the examination of allegations of violations of freedom of association is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance of formulating, so as to allow objective examination, detailed replies to the allegations brought against them (see First Report, para. 31, approved by the Governing Body in March 1952).
4. 254. The Committee emphasises the seriousness of the allegations concerning the murders of trade union leaders (Javier Bonilla Medina and Ramón Antonio Briceño), death threats and the search of a trade unionist's home (Hilario Aguilera). The Committee again draws the Government's attention to the fact that a climate of violence such as that surrounding the murder or disappearance of trade union leaders constitutes a serious obstacle to the exercise of trade union rights; such acts require severe measures to be taken by the authorities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 76).
5. 255. The Committee reiterates the conclusions and recommendations which it had formulated in its previous examination of this case. Therefore, it requests the Government to report the outcome of judicial investigations and to take the necessary measures to guarantee the physical integrity of trade unionist Hilario Aguilera and his family.

The Committee's recommendations

1. 256. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores the Government's silence on these allegations and its failure to cooperate with the Committee's procedure in spite of the urgent appeal which the Committee addressed to it at its previous meeting.
   • (b) The Committee draws the attention of the Governing Body to the Government's attitude in this case, considering that acts of violence and murders which have been perpetrated against trade union leaders require the authorities to take severe measures in order to throw light on all the alleged deplorable acts.
   • (c) The Committee stresses that a climate of violence, coercion and threats aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos. 87 and 98.
   • (d) The Committee considers that all States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life, honour and property of citizens. It urges the Government once again to send its full observations on all of the pending allegations.
   • (e) The Committee reiterates the recommendations it formulated at its May 1991 meeting which are set out below:
     • As regards the murders of the trade union officials Javier Bonilla Medina and Ramón 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.
     • 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.