Informe provisional - Informe núm. 283, Junio 1992

Caso núm. 1568 (Honduras) - Fecha de presentación de la queja:: 19-DIC-90 - Cerrado

1. 257. The Committee examined this case at its February 1992 meeting and submitted an interim report to the Governing Body (see 281st Report of the Committee, paras. 365 to 383, approved by the Governing Body at its 252nd Session (March 1992)). Subsequently, the Government sent certain observations in a communication of 10 February 1992.
2. 258. 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. 259. Several allegations remained pending after the previous examination of the case: (1) various acts of anti-union discrimination following the creation of solidarist associations; (2) the assumption of trade union activities (such as collective bargaining) by solidarist associations; (3) the dismissal of workers and trade union representatives at the "El Mochito" mine, followed, shortly after, by the suppression of a strike, which left one person dead and more than 20 injured.
2. 260. On this last point, the International Confederation of Free Trade Unions (ICFTU) had alleged (see 281st Report, para. 374) that at the beginning of October 1991, the management of the American Pacific Mining Company of Canada (AMPAC) dismissed 48 workers, including representatives of the union protected by the Labour Code, from the "El Mochito" mine, accusing them of spreading union propaganda at the mine. On 24 October 1991, a group of workers from the enterprise protested against these dismissals by blocking the entrance to the mine. The complainant reports that the managers of the mine requested the army to intervene and there was violent repression of the workers in an effort to remove them. The army suppression resulted in the death of Mr. Daniel Carrasco and left more than 20 workers injured. Furthermore, the complainant organisation regards the large-scale dismissal of workers as an indication that the American Pacific enterprise seeks to replace the existing union by a solidarist association, known as the Junta de Fomento.
3. 261. The Committee made the following recommendations (see 281st Report, para. 383):
   • (a) the Committee requests the Government to send its observations on the allegations concerning discrimination on the part of some employers against workers who are members of unions, specifically in the cases of changes in jobs of Messrs. Perdomo, Rivera and Mateo (Polymer Industrial enterprise), the suspension of workers from the Polymer enterprise, the dismissal of Mrs. Girón (Cervecería Hondureña enterprise) and Messrs. Moreira and Rodríguez (Polymer Industrial enterprise) and the stipulation of non-union membership as a prerequisite for joining a solidarist association (statutes of the solidarist associations at the Cervecería Hondureña and Polymer enterprises);
   • (b) the Committee also requests the Government to indicate the protection afforded to workers under existing national legislation against acts of anti-union discrimination, as well as the measures it intends to take to redress the anti-union dismissals which have been identified in ten enterprises and which are recognised by the Government (Kativo de Honduras, Pinturas Surekota S.A., Textiles San Pedro, Polytubo, Hondufibras, Polyproductos S.A., Termoplast, Banco del Ahorro Hondureño, Banco Futuro and Grupo de Empresas Camaroneras del Sur del País);
   • (c) the Committee requests the Government urgently to take the legislative and other measures necessary to prohibit solidarist associations from exercising trade union activities, particularly collective bargaining, and asks to be kept informed in this respect;
   • (d) the Committee requests the Government to send its observations on the recent allegation concerning the dismissal of 48 workers from the "El Mochito" mine and the violent army suppression of strikers at the mine on 24 October 1991, in the course of which Mr. Daniel Carrasco died and more than 20 persons were injured;
   • (e) the Committee draws to the attention of the Committee of Experts on the Application of Conventions and Recommendations the legislative aspects of these case concerning Articles 1 and 2 of the Convention No. 98 relating to protection against anti-union discrimination and against interference in trade union activities.

B. The Government's reply

1. 262. The Government, in its communication of 10 February 1992, states that the dispute between the Workers' Trade Union of American Pacific Inc. (SINTRAPACIFIC) and the enterprise itself following the dismissal of workers from the "El Mochito" mine, was of great concern to the Ministry of Labour, which immediately appointed a mediation committee. The Government adds that on 6 November 1991, in an effort to settle the dispute, a high-level government committee, together with representatives of the workers who had been dismissed, of various trade union organisations and of the enterprise, agreed in writing that: (1) the Supreme Court of Justice should be urged to appoint a judge to rule within 60 days on the cases of the 27 dismissed workers who have not filed for social security benefits; (2) all the workers involved in the actions taken as a result of the dispute should be reinstated; (3) no reprisals should be taken against those workers who were directly or indirectly involved in the dispute, etc.
2. 263. The Government also states that Mr. David Carrasco's death did not occur on the premises of the "El Mochito" mine, but in the surrounding village which belongs to the American Pacific mining company. The Government points out that Mr. Carrasco was not a pensioner, as indicated in the allegations, although he was indeed a former employee of the mine when it was under different ownership. The Government indicates that unfortunate incidents did, in fact, take place on 24 October 1991 as a result of the violent behaviour of local inhabitants, which left one person dead and several injured (including civilians as well as military staff who had been requested to help maintain order).
3. 264. The Government adds that there has never been any doubt about its declared intention to recognise SINTRAPACIFIC as the sole representatives of workers' interests, to recognise trade unions as the exclusive vehicle for the organisation of workers, and to condemn solidarism and ban it from the social and labour sphere. On no account are there grounds for blaming the Government for an "intention" to promote solidarism that, if it did exist, was never fostered by the Government. The Government points out that labour law in Honduras is in need of reform so that it can be implemented within a society which has undergone a radical socio-economic transformation, to prevent the creation of organisations rivalling trade unions, which are the only forms of labour organisation recognised by the present Government.

C. The Committee's conclusions

1. 265. The Committee deeply deplores the death of Mr. Daniel Carrasco and the physical attacks which took place in the course of the dispute following the dismissal of workers and trade union representatives at the "El Mochito" mine. The Committee notes the Government's explanations that the incidents were a result of violent behaviour of local inhabitants; that casualties included both civilians and servicemen; that Mr. Carrasco did not work at the "El Mochito" mine and that his death did not occur on its premises. Given the inadequacy of the Government's explanation, the Committee requests the Government to take measures, if it has not already done so, to set up a judicial investigation to clarify the facts, determine responsibility and punish the guilty parties, and to keep it informed in this connection. The Committee also reqests the Government to supply further details on the reasons for the army's intervention in the dispute, since it has merely stated that the aim was to maintain order. In addition, the Committee notes that on 6 November 1991 a high-level government committee, together with representatives of the workers who had been dismissed from the "El Mochito" mine, of various trade union organisations and of the American Pacific enterprise concluded an agreement on how to settle the dispute at the mine following the dismissals. The Committee requests the Government to supply information on the reinstatement proceedings concerning the workers who were dismissed during this dispute and to indicate whether they have in fact been reinstated.
2. 266. As regards the complainant organisation's statement that the dismissals at the "El Mochito" mine heralded the enterprise's intention to replace the trade union by a solidarist association, the Committee notes the Government's condemnation of solidarism and its statement that the labour legislation is in need of reform to prevent the creation of organisations rivalling the trade unions, and that the intention, if any, to substitute the SINTRAPACIFIC trade union by a solidarist association had in no way been fostered by the Government. In this regard the Committee refers to the recommendation it made at its February 1992 meeting, requesting the Government urgently to take legislative and other necessary measures to prohibit solidarist associations from engaging in trade union activities, particularly collective bargaining, and asking to be kept informed in this respect (see 281st Report, para. 383(c)). It reminds the Government that the ILO's technical services are at its disposal to assist in preparing new labour legislation.
3. 267. Lastly, as regards the remaining allegations concerning various acts of anti-union discrimination following the establishment of solidarist associations, and the various examples of the assumption of trade union activities (such as collective bargaining) by solidarist associations, the Committee regrets that the Government has not sent specific observations in this connection and, therefore, reiterates the recommendations it made at its February 1992 meeting (see 281st Report, para. 383(a), (b), (c) and (e)).

The Committee's recommendations

1. 268. 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 death of Mr. Daniel Carrasco and the physical attacks perpetrated in the course of the labour dispute following the dismissal of workers and trade union representatives at the "El Mochito" mine. In view of the inadequacy of the Government's explanation the Committee requests the Government to take measures, if it has not already done so, to set up a judicial investigation to clarify the facts, determine responsibility and punish the guilty parties, and to keep the Committee informed of the outcome of the investigation. The Committee also requests the Government to provide further details on the reasons which led the army to intervene in the labour dispute.
   • (b) The Committee requests the Government to supply information on the reinstatement proceedings concerning the workers who were dismissed during the dispute in the "El Mochito" mine and to indicate whether they have in fact been reinstated.
   • (c) The Committee regrets that the Government has not responded to the remaining allegations and therefore reiterates the recommendations it made at its March 1992 meeting, as follows:
     • - the Committee requests the Government to send its observations on the allegations concerning discrimination on the part of some employers against workers who are members of unions, specifically in the cases of changes in jobs of Messrs. Perdomo, Rivera and Mateo (Polymer Industrial enterprise), the suspension of workers from the Polymer enterprise, the dismissal of Mrs. Girón (Cervecería Hondureña enterprise), and Messrs. Moreira and Rodríguez (Polymer Industrial enterprise) and the stipulation of non-union membership as a prerequisite for joining a solidarist association (statutes of the solidarist associations at the Cervecería Hondureña and Polymer enterprises);
     • - the Committee also requests the Government to indicate the protection afforded to workers under existing national legislation against acts of anti-union discrimination, as well as the measures it intends to take to redress the anti-union dismissals which have been identified in ten enterprises and which are recognised by the Government (Kativa de Honduras, Pinturas Surekota S.A., Textiles San Pedro, Polytubo, Hondufibras, Polyproductos S.A., Termoplast, Banco del Ahorro Hondureño, Banco Futuro and Grupo de Empresas Camaroneras del Sur del País);
     • - the Committee requests the Government urgently to take the legislative and other measures necessary to prohibit solidarist associations from exercising trade union activities, particularly collective bargaining, and asks to be kept informed in this respect;
     • - the Committee draws to the attention of the Committee of Experts on the Application of Conventions and Recommendations the legislative aspects of this case concerning Articles 1 and 2 of Convention No. 98 relating to protection against anti-union discrimination and against interference in trade union activities.
   • (d) Noting that the Government has referred to future labour legislation, the Committee reminds the Government that the ILO's technical services are at its disposal to assist in preparing this new labour legislation.