Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Honduras (Ratification: 2012)

The Committee notes the observations of the Honduran National Business Council (COHEP), received on 31 August 2021. The Committee also notes the Government’s replies to the 2018 observations of COHEP.

Articles 2(1) and 5(1) of the Convention. Effective tripartite consultations. The Committee notes with interest the establishment on 25 September 2018 of the Sectoral Committee on International Standards (MENIT), a tripartite technical body dependent on the technical secretariat of the Economic and Social Council (CES). MENIT is responsible for the study and technical analysis of annual reports on ratified and unratified Conventions which the Government must communicate to the Office. The Committee also notes the information provided by the Government on the tripartite consultations held between February and October 2020 within MENIT. In particular, the Government indicates that consultations were held on the preparation of the form relating to unratified Conventions, as well as on the review, analysis and content of reports on ratified Conventions before they are sent to the Office. The Government adds that in 2020 tripartite approval was given to the flow chart (agenda) and road map for the implementation of the procedures for drawing up report forms for ratified and unratified Conventions. However, COHEP claims that the agreed-upon sequence of events was not observed, since it was not invited to the MENIT meeting in 2021. COHEP points out that no tripartite consultations were held on the replies to questionnaires concerning items on the Conference agenda (Article 5(1)(a) of the Convention), the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)), or the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee also notes that, according to the report supplied by COHEP on the activities undertaken by the CES in 2019 and 2020, in August 2019, the Committee for the Handling of Disputes referred to the ILO (MEPCOIT) was established, a tripartite body responsible for studying and evaluating complaints that might be referred to the ILO and for intervening at the request of an interested party in the handling of disputes arising in the matters regulated by the Conventions ratified by Honduras. Its main objective is to facilitate the necessary space for the parties involved in disputes among the tripartite constituents, assisted by a mediator, to engage in dialogue and reach agreements to settle their differences, and thereby prevent the referral of complaints to the ILO. The Committee also notes the tripartite consultations held during this period through the CES Sectoral Committee on Decent Work (MSED). Lastly, the Committee notes the information provided by COHEP on the tripartite consultations held on the preparation of various legislative proposals (Paragraph 5(c) of Recommendation No. 152). In this regard, COHEP indicates that, at the request of the National Congress, a review was carried out in 2019 within the Legal Committee (the CES sectoral committee for legal analysis) of, inter alia, draft decrees relating to: the Act on the social and labour inclusion of self-employed and own-account workers; the Act on organized integration, for establishing the welfare and pensions institute for workers in the informal economy; and the Telework Act. However, COHEP indicates that no tripartite consultations have been held on the reform of the Labour Code or other labour regulations being carried out to harmonize them with the Conventions ratified by Honduras, in compliance with the recommendations made by the Committee on the Application of Standards (CAS) regarding the application by Honduras of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee requests the Government to provide detailed, updated information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the National Congress of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 4. Training. The Committee notes the Government’s indication, in reply to its previous comments, that as a result of the restrictions and measures implemented to tackle the emergency arising from the COVID-19 pandemic, no training activities were undertaken for the team of the technical secretariat and members of the CES. The Government adds that they are still waiting for ILO technical assistance to be provided on the matters relating to the Convention. COHEP indicates in its observations that after a technical mission was undertaken by the Office in September 2019 in relation to the application by Honduras of Convention No. 87, no new training has been undertaken, including with regard to the present Convention. The Committee requests the Government to provide information on the measures taken to strengthen the capacities of the members of the Economic and Social Council (CES) and those belonging to the technical secretariat. The Committee hopes that the technical assistance requested in this regard will be provided in the near future.