Report in which the committee requests to be kept informed of development - Report No 300, November 1995

Case No 1795 (Honduras) - Complaint date: 22-JUL-94 - Closed

Allegations: Anti-union dismissals and search of trade union premises

1. 181. The Committee examined this case at its meeting of March 1995 (see 297th Report, paras. 538 and 548, approved by the Governing Body at its 262nd Session (March-April 1995)) in which it reached interim conclusions. The Government sent its observations in a communication dated 30 May 1995.
2. 182. Honduras has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 183. At its meeting of March 1995, in its examination of allegations concerning anti-union dismissals and the search of the trade union premises of the Central Federation of Free Trade Unions of Workers of Honduras (FECESITLIH) by the security forces, the Committee made the following recommendations (see 297th Report, para. 548):
2. welcoming the Government's call for the intervention of the judicial authorities to obtain the reinstatement of the workers dismissed following the strike at the Tela Railroad Company, the Committee expresses the firm hope that the court will hand down its ruling shortly. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way;
3. and
4. as regards the raid on 6 October 1994 of the premises of the FECESITLIH, the Committee requests the Government to communicate its observations in this respect as quickly as possible.
5. B. The Government's reply
6. 184. In its communication dated 30 May 1995, the Government states that the Ministry of Labour has requested the judicial authorities to inform it of the proceedings under way concerning the dismissals in the Tela Railroad Company, and that this information will be communicated to the Committee as soon as it is received.
7. 185. As regards the allegation concerning the raid on the FECESITLIH premises on 6 October 1994, the Government states that on that date negotiations were under way between employers and workers in the Ministry of Labour on matters concerning urban transport and that at the same time some people committed acts against public order and security. The Government states "that it is not sure whether the security forces, whose mobilization was intended to protect the safety of the public, carried out the alleged raid in an attempt to capture the vandals who were responsible for the acts of disorder"; in any event, it cannot be said that the intervention of the security forces was intended to violate workers' rights. It adds that, if the raid was carried out, a complaint should have been made to the competent national authorities.

C. The Committee's conclusions

1. 186. The Committee observes that in its examination of this case in March 1995, it had requested the Government to keep it informed of the outcome of the judicial proceedings under way in connection with the dismissals of workers from the Tela Railroad Company who had participated in a strike. There also remained pending the allegation concerning the raid on the trade union premises of the Central Federation of Free Trade Unions of Workers of Honduras (FECESITLIH) on 6 October 1994.
2. 187. As regards the judicial proceedings under way concerning the dismissal of workers from the Tela Railroad Company who had participated in a strike, the Committee notes that the Government has requested the intervention of the judicial authorities with a view to obtaining the reinstatement in their jobs of the persons dismissed. The Committee also takes note that the Government will provide it with information on the respective judicial proceedings. The Committee expresses the firm expectation that the court will hand down its ruling shortly and that the dismissed persons will be reinstated in their jobs as soon as possible. The Committee requests the Government to keep it informed in this respect.
3. 188. As regards the pending allegation concerning the raid on the FECESITLIH premises on 6 October 1994, the Committee notes that the Government states that: (1) on the date in question and at a time when negotiations were being held between employers and workers from the urban transport sector, a group of persons committed acts which disturbed public order and security; (2) it is not sure that the security forces, mobilized to protect the safety of the public, had carried out the alleged raid; and (3) the intervention by the security forces was not intended to violate the rights of workers and that if the raid did occur, a complaint should have been made to the national competent authorities.
4. 189. In this respect, while noting the Government's observations, the Committee reminds the Government that the inviolability of trade union premises and assets is one of the essential civil freedoms for the exercise of trade union rights (see the Resolution concerning trade union rights and their relation to civil liberties, adopted by the International Labour Conference in 1970). In these circumstances, the Committee requests the Government to take measures to guarantee at all times that there is full respect of the principle whereby the public authorities may not enter trade union premises without prior authorization of the occupants or without having obtained a judicial warrant.

The Committee's recommendations

1. 190. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) As regards the dismissal of workers from the Tela Railroad Company who had participated in a strike, the Committee expresses the firm expectation that the court will hand down its ruling shortly and that the dismissed workers will be reinstated in their jobs as soon as possible. The Committee requests the Government to keep it informed of the outcome, as it has undertaken to do so.
   • (b) As regards the alleged raid on the FECESITLIH premises on 6 October 1994, the Committee requests the Government to take measures to guarantee at all times that there is full respect of the principle whereby the public authorities may not enter trade union premises without prior authorization by the occupants or without having obtained a judicial warrant.