Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Honduras (Ratification: 1956)



The Government has provided the following written information.

Trade union rights and civil liberties

The Government has noted with deep concern the previous and new allegations of “numerous anti-union crimes”, including various “homicides and death threats”, that occurred between 2010 and 2014. As the international community is aware, violence and insecurity are massive problems with serious consequences for Honduran society. The current administration is therefore making enormous efforts to remove these obstacles, strengthening institutions and implementing various actions and measures, which have combined to enable progress in this respect. Accordingly, in addition to other actions described below, one of the Government’s objectives, in the Strategic Institutional Framework (2015–22) of the Ministry of Security (SEDS), is to help reduce impunity by reinforcing the Criminal Investigation Police and the Technical Criminal Investigation Agency (ATIC), and it has made a specialized and exclusive commitment to human rights by pushing to implement the Public Policy and National Plan of Action on Human Rights (PNADH), for which the State Secretariat at the Human Rights Department has been established and has been operational since January 2018. The statistics for homicides as at 2016 show a downward trend, with the homicide rate per 100,000 population falling by 27 points by comparison with 2011. More recent data show that at the end of 2017 the homicide rate stood at 42.7 per 100,000 population.

Information on the progress of investigations and criminal proceedings corresponding to each specific case

Table of cases [Table not reproduced - See PR 9B(Rev.): http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_632917.pdf#page=58]

Evaluation of progress

As can be seen, nine cases have entailed judicial proceedings for public order offences, variously involving an appeal, a final ruling, the conclusion of proceedings or the adoption of protection mechanisms; two of these cases involved traffic accidents. Two cases have resulted in the issuing of arrest warrants, which are due to be enforced by the police authority. Three cases involving threats have not resulted in any complaint being filed with the prosecution authorities. Six cases involving public order offences are under investigation. It should also be noted that seven trade union officials are covered and protected by the National Mechanism for the Protection of Human Rights Defenders.

Article 2 ff. of Convention No. 87 relating to the establishment, autonomy and activities of trade union organizations

Reforms to the Labour Code

Chronology

The Government of Honduras states that a process was followed for several years to align reforms to the Labour Code with Conventions Nos 87 and 98. The actions taken towards this end are described below:

(a) The Labour Code was issued by Decree No. 189 of 19 May 1959, superseding 18 decree-laws governing labour relations and constituting a single body of law.

(b) Between 1960 and 1993, various sections of the Labour Code were amended to ensure that they were properly applied, with the constant aim of promoting workers’ rights.

(c) In 1993, with advice from the International Labour Organization (ILO), a committee was established comprising: representatives of the Honduran National Business Council (COHEP); representatives of the workers from their three confederations (the Workers’ Confederation of Honduras (CTH), the General Confederation of Workers (CGT) and the Single Confederation of Workers of Honduras (CUTH)); and representatives of the Government from the State Secretariat at the Labour and Social Welfare Department. The work of the tripartite committee resulted in the drawing up by consensus of a preliminary draft of new legislation to replace the Labour Code which had been in force since 1959. The preliminary draft was presented by the tripartite committee to the then President of the Republic, Mr Carlos Roberto Reyna.

(d) The proposed reforms favoured the workers and would improve the application of the provisions of the Code. Despite consensus being reached on the proposals, the workers subsequently made the accusation that sections of private enterprise were unilaterally seeking to introduce reforms to the labour legislation which were aimed at the flexibilization and deregulation of employment. The Government of that time therefore decided not to submit the reforms to the National Congress. Since the parties had been unable to reach agreement on the reforms and in view of the rejection of the reforms drawn up by the tripartite committee, the process of revising the Labour Code was brought to a standstill.

(e) June 2013: a technical committee of the Ministry of Labour and Social Security (STSS – Ministry of Labour) drew up proposals to amend 13 sections (articles) of the Labour Code to bring them into line with Convention No. 87 and four sections to align them to Convention No. 98. The Ministry of Labour forwarded the proposed amendments to the ILO Subregional Office in San José, Costa Rica, in order to obtain the technical opinion of the ILO.

(f) March 2014: the Ministry of Labour received comments from the International Labour Standards Department of the ILO in Geneva on the proposed alignment of the Labour Code with Conventions Nos 87 and 98.

(g) March–April 2014: the Ministry of Labour submitted the proposal for alignment of the Labour Code individually to the employer and worker sectors (meetings with each of the workers’ confederations (CGT, CTH and CUTH) and with representatives of private enterprise (COHEP)).

(h) April 2014: the ILO direct contacts mission was received by the Economic and Social Council (CES).

(i) May 2014: the proposal for aligning the Labour Code with Conventions Nos 87 and 98 was submitted to the CES.

(j) May 2014: the CES approved the roadmap for discussing and adopting the proposal to align the Labour Code, taking into account the recommendations made by the ILO Committee of Experts.

(k) September 2014: report of the direct contacts mission – the direct contacts mission was also informed of a communication dated 7 April 2014 in which the CGT, CUTH and CTH, mindful of previous experience, expressed their reservations with regard to the consideration of potential reforms to the Labour Code by the legislative authority and their fear that such reforms would involve “major setbacks for labour rights and gains for big business”.

Current situation of Labour Code reforms

(a) The Government of Honduras reiterates its political will to take the appropriate steps to revise the current Labour Code with a view to harmonizing it with the ILO Conventions it has ratified – a process that has been gradually progressing through social dialogue and on a tripartite basis within the CES, as was the case with chapter III of the Code relating to the new Labour Inspection Act, (Decree No. 178-2016 of 23 January 2017, published in the Official Gazette).

(b) As for the reforms still pending to ensure alignment with Convention No. 87, and recalling what occurred in 2014, when the workers’ confederations expressed reservations, the ILO is already aware that the Ministry of Labour is drafting a new proposal that returns to those sections (articles) left pending in 2014, to serve as a baseline for discussions.

(c) In that respect the Government is meeting its commitment to raise the issue of pending reforms again for discussion within the CES with a view to drafting a roadmap to allow for further alignment of the Code with Convention No. 87 and achieve consensus, so that the reforms can be submitted to the National Congress once the Supreme Court of Justice has given its opinion.

(d) In this instance, the necessary technical assistance and follow-up are once more requested from the Office.

Application of the Convention in practice (new trade union registrations)

In its previous report (2017), the Government of Honduras reported that various requests for legal personality had been submitted and that 25 had been granted between 2014 and May 2017, as follows:

(a) In 2014, five private legal persons were registered, while none were registered in the public sector.

(b) In 2015, six legal persons were registered, all in the private sector.

(c) In 2016, legal personality was granted to eight entities, six in the private sector and two in the public sector.

(d) In 2017, six entities were registered in the private sector.

As there were only two new trade union registrations between May 2017 and March 2018, this gives a total of 27 legal persons registered in the period from 2014 to March 2018. Lastly, the Government of Honduras wishes to reiterate that all these efforts demonstrate respect for and observance of the Conventions and labour standards in force and, in particular, that there is no policy of anti-union persecution or violence by the State and that the cases mentioned in the report are unfortunately part of the violence affecting the country in general for a number of reasons.

In addition, a Government representative reiterated before the Committee the information which had been provided in writing, stating that, with regard to trade union rights and civil liberties, the Government had noted with deep concern the previous and new allegations of “numerous anti-union crimes”, including homicides and death threats that had occurred between 2010 and 2014. Violence and insecurity were massive problems in Honduran society and efforts had been made within the Strategic Institutional Framework to strengthen institutions and reinforce the police and criminal investigation bodies. According to data for 2017, the homicide rate had decreased and seven trade union officials were covered and protected by the National Mechanism for the Protection of Human Rights Defenders. With regard to Article 2 et seq. of the Convention concerning the establishment, autonomy and activities of trade union organizations, the various proposals to reform the Labour Code, in particular the draft reforms of 1993 and 2014, had not been adopted in the end. Accordingly, the Government was making the commitment to discuss the pending reforms once again in the Economic and Social Council (CES) and also draw up a roadmap to enable the alignment of the Code to the Convention to continue. He also emphasized that, in the assessment of the progress made in relation to the matters on which the Committee of Experts had requested information on the following: (1) as could be seen, there were currently nine cases of breaches of public order which were at the appeal stage, final ruling, closed or subject to protection mechanisms. Two of the cases involved traffic accidents; (2) in two cases, arrest warrants had been issued, which were awaiting execution by the police; (3) in three cases involving threats, no complaints had been filed with the prosecution authorities; and (4) six cases involving public order offences were currently under investigation. Lastly, the Government representative reiterated the request for technical assistance and support from the Office, and reaffirmed that all the efforts made bore witness to the desire to comply with the Convention and with labour standards and, in particular, that there was no policy of anti-union persecution or violence by the State. The various cases referred to by the Committee of Experts were part of the violence affecting Honduran society in general for a number of reasons.

The Worker members indicated that for years the Government had committed serious and systematic violations of the right to freedom of association. The Committee of Experts had made this a double-footnoted case, expressing deep regret at the high degree of anti-union violence and expressing deep concern at the situation of impunity with regard to these crimes and the lack of effective protection for trade unionists threatened with violence. The Government had not taken any specific steps to ensure that its labour legislation was in due conformity with the Convention, nor had it applied the legislation in force effectively. The Government had also recently adopted an amendment to the Penal Code that would potentially criminalize social protests as acts of terrorism. As a result, the workers and the trade unions throughout the country were facing overwhelming obstacles with regard to exercising one of their fundamental rights, namely the right to strike. Honduras was one of the most dangerous countries in the world for workers and trade unionists. Since 2010, a total of 14 trade unionists had been murdered. Between 2015 and 2017, the Network against Anti-Union Violence had documented 46 cases of anti-union violence and a total of 69 victims. Moreover, numerous trade unionists were facing brutal assaults, death threats, forced disappearances and persecution. For example, since 2015, Ms Juarez, president of the Public Sector Workers’ Union (SITRASEMCA), lived in constant fear for her life because of receiving threats and having escaped from an attempted abduction in April 2017. The acts of violence were creating a climate of terror, which in practice was stifling worker representation and trade union activities in the country. Trade unionists were also a target for violence in the aftermath of the elections held in 2017. In December, for example, workers participating in a peaceful protest organized by trade unions in the maquila (export processing) sector in Colonia Arellano had been attacked by the military police to make them disperse. Three trade unionists had sustained bullet wounds and one had died. The failure by the Government to tackle and prevent anti-union crimes was creating a climate of total impunity. The Government had made no progress in bringing to justice those responsible for the murder of trade unionists. For example, the murders of Sonia Landaverde Miranda, Alfredo Misael Ávila Castellanos, Evelio Posadas Velásquez, Roger Abraham Vallejo and Juana Suyapa Bustillo were still being investigated. Despite the fact that arrest warrants had been issued, nobody had been detained in relation to the murders of Alma Yaneth Díaz Ortega and Uva Erlinda Castellanos Vigil, which had taken place four years earlier. The Government had not supplied any information to the Committee of Experts on what it had done to investigate the murders of Maribel Sánchez, Fredis Omar Rodríguez, Claudia Larissa Brizuela, Martín Florencio and Félix Murillo López. The Worker members deplored the murders of José Ángel Flores and Silmer Dionisios George in 2016, despite the fact that these individuals, in the wake of serious repeated death threats, had been the subject of protective measures from the Inter-American Commission on Human Rights (IACHR). These murders showed clearly that the protection provided by the Government was totally inadequate.

Apart from the anti-union violence, the Government had adopted an amendment to the Penal Code in 2017 which defined a whole range of activities as terrorist offences. A trade union official might be accused of terrorism if his union participated in a social protest that was subsequently considered by a prosecutor to constitute subversion of the constitutional order. Taking account of the events of the last few years, and the recent post-electoral context, in which the trade unions played a key role in social protests, this legislation which was totally out of line with international instruments relating to the subject of terrorism could easily be used to criminalize any legitimate exercise by trade unions of their right to freedom of association. The situation in the country was aggravated by numerous significant gaps in the national legislation whereby workers had been denied the enjoyment of fundamental trade union rights. For over 30 years, the Committee of Experts had requested that the Labour Code be modified and had indicated that the right to freedom of association had been denied to workers in agricultural undertakings which did not permanently employ more than ten workers. Agriculture was the biggest sector in the country and employed 27 per cent of the workforce (over 1 million workers). The act of organizing these workers was obstructed by the legal requirement to have more than 30 workers to establish a trade union, which prevented the setting up of trade unions in small and medium-sized enterprises. Workers were unable to elect their representatives in full freedom. Trade union representatives had to be of Honduran nationality, participate in the corresponding activity and know how to read and write. The provisions governing strikes were so restrictive that they nullified the right to strike, depriving workers and trade unions of a fundamental means of defending their interests. Those terms included securing a two-thirds majority of the total membership of the trade union, banning federations and confederations from calling strikes, and meeting excessive prior requirements for strikes in public services that were not essential in the strict sense of the term. In practice, workers all over the country were experiencing serious violations of their right to freedom of association. For example, the Union of Agri-Industrial and Allied Workers (STAS) had presented a complaint against an employer in the palm oil sector who was not paying the minimum wage or statutory benefits to the workers. On many occasions, employers had denied labour inspectors access to workplaces, and had dismissed 18 workers who had attempted to form a local branch of the STAS. The dismissals had sparked a strike of 160 workers and in November, the enterprise had dismissed another 80 workers belonging to the union. Numerous striking workers had been assaulted by private security guards and threatened with imprisonment while picketing peacefully in front of the offices of the enterprise. Steps had been taken towards dissolving the union, since the law allowed dissolution as a punishment should a strike be declared illegal, and that also constituted a violation of the Convention. The Government had not dissolved the union but almost all the trade union activists had not been reinstated in their jobs. Lastly, hardly any of the violations cited in the 2012 complaint against Honduras concerning the workers in the maquila sector and agriculture in the context of the Central American Free Trade Agreement (CAFTA) with the United States had been resolved. Since 2009, there had been a drastic decrease in trade union membership. The serious and constant violations of trade union rights for years were having a profound impact on labour relations, and left a question mark over the status of democracy and human rights. The Worker members therefore urged the Government: (a) to take immediate and effective steps to protect the lives and safety of trade union activists, members and workers; (b) to speed up investigations into all anti-union offences and crimes and punish the perpetrators; and (c) to update the legislation in accordance with the Convention without further delay, and to protect the right to freedom of association in practice.

The Employer members expressed appreciation for the information provided on the application of the Convention and welcomed the presence of high authorities before the Committee. The case had been examined twice since 1987, in 1991 and 1992. Since 1998, the Committee of Experts had addressed some 20 observations to Honduras concerning its application of the Convention, as well as others on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). In its 2017 report of the Committee of Experts, Honduras had been included with a double footnote. In its observations, the Committee of Experts took note of the comments made by the General Confederation of Workers (CGT), the Confederation of Workers of Honduras (CTH), the International Trade Union Confederation (ITUC) and the Honduran National Business Council (COHEP). With regard to trade union rights and civil liberties, the Committee of Experts had noted with concern the large number of anti-union crimes and death threats between 2010 and 2014, and had asked the Government to provide information on the status of the relevant investigations and criminal proceedings. Reports of yet more murders, kidnappings and death threats against trade unionists were greatly to be deplored. The United Nations Human Rights Committee (CCPR/C/SR/3378-3379) had also expressed concern at acts of violence and intimidation against trade unionists in a climate of impunity. As the Government had indicated, violence and insecurity were very serious problems for Honduras and had grave consequences. The Government was making efforts, strengthening institutions and taking a range of measures to make progress on the issue. In that respect, the Strategic Institutional Framework (2015–22) of the Ministry of Security was intended to reduce impunity by strengthening the Criminal Investigation Police, the Technical Agency for Criminal Investigation, and, with respect to human rights, promote a public policy and plan of action on human rights for which a Ministry of Human Rights had been created in January 2018. Furthermore, already in January 2016, a downward trend had been observed in the number of murders: the murder rate per 100,000 inhabitants had fallen by 27 percentage points compared with 2011. In 2017, it had reached 42.7 per 100,000 inhabitants. Moreover, seven trade union leaders were covered by the National Protection Mechanism for Human Rights Defenders. With regard to the murders that had taken place between 2010 and 2014, COHEP had not commented because it was not in full possession of the facts. Between 2016 and 2018, an interview with the Prosecutor-General had been requested but was never granted. The death of Hondurans for unknown reasons was regrettable. The Public Prosecutor’s Office was now providing information on criminal cases that had been brought to court, investigated or opened; that were waiting for arrest warrants to be acted upon, in which rulings had been handed down, concluded, or in which protection measures had been ordered. The 2017 Global Peace Index placed Honduras 106th out of 163 countries. The Government did not have a deliberate anti-union policy. Rights to freedom of association could only be exercised by workers and employers in a climate free of violence, pressure and threats, where human rights were respected, and it was for the Government to guarantee respect for those principles, as the Committee on Freedom of Association had pointed out. The Employer members had requested that investigations were urgently needed so that the perpetrators could be located and brought to justice. In addition, measures should be taken to provide prompt and effective protection to trade union leaders at risk, as the case was a serious one.

In relation to Article 2 et seq. of the Convention, relating to the establishment, autonomy and activities of trade unions, it should be noted that the Labour Code had been adopted in 1959. In 1993, under ILO guidance, a tripartite committee had been set up to draft a possible amendment to the Code, which had been submitted to the President of the Republic. Although the reform was favourable to some but not all workers, they had unilaterally accused private enterprises of attempting to weaken labour through flexibilization, so it had not been possible to approve the text. In 2013, a technical committee of the Ministry of Labour and Social Security had drafted a reform to 13 sections (articles) in order to bring the Code into line with Conventions Nos 87 and 98. The draft had been submitted to the ILO Office in San José, Costa Rica, for technical comments. In April 2014, an ILO direct contacts mission had visited the country and the draft had been submitted to the Economic and Social Council (CES). In September of the same year, the trade union sector let its reservations to the reform be known because, in its words, it would lead to “major setbacks for labour rights and gains for big business”. Social dialogue was needed, as had occurred with the adoption of the new Labour Inspection Act. On the basis of the 2014 draft text, the Ministry of Labour had returned to the sections proposed on that occasion with a view to resubmitting them to the CES and drafting a roadmap for agreeing on how to align the legislation with the Convention. Assistance and technical support had again been requested from the Office. The COHEP was willing to review the labour legislation but since 2014, no meeting of the CES had been convened for the purpose. In April 2018, an email had been sent requesting views on the text of the reform, giving 24 hours to comment, which was unacceptable. Tripartite dialogue required good faith, which had not been demonstrated. The Committee of Experts recalled that for some years it had referred to the need to reform the Labour Code to bring it into line with the Convention. It had referred to the following provisions, among others: (1) the exclusion from the rights and guarantees of the Convention of workers in agricultural and stock-raising enterprises which did not permanently employ more than ten workers; (2) the prohibition of more than one trade union in a single enterprise; (3) the requirement of more than 30 workers to establish a trade union; (4) the requirement that the officers of a trade union must be of Honduran nationality, be engaged in the corresponding activity, and be able to read and write; and (5) the authority of the competent ministry to end disputes in the oil industry services. Moreover, it was worrying that the Experts’ observations referred to a number of legislative issues relating to the right to strike. In that regard, the Employers’ group reiterated its position that the right to strike was not regulated by the Convention and that there was no basis for discussing the issue within the Committee; that the conclusions in the case could not refer to the right to strike; and that the Government was not obliged to follow the Experts’ recommendations on that specific issue. They recalled the joint statement of the Workers’ group and the Employers’ group and the statement of the Government group (both of 23 February 2015). The latter stated that “the scope and conditions of this right are regulated at the national level”. As such, any request from the Committee of Experts for the Government to align its legislation and practice with its own rules on the “right to strike” was not binding.

The Worker member of Honduras expressed concern regarding the Government’s failure to take action in response to the murders of, threats against and persecution of trade union leaders, and to provide information on the matter. According to a report by the Committee on Anti-Union Violence (comprising three workers’ federations), impunity had prevailed in over 60 cases of anti-union violence in the past three years. The Committee of Experts had expressed regret at the absence of convictions against the perpetrators of anti-union crimes. Its report had referred to 19 murder victims (Sonia Landaverde Miranda, Alfredo Misael Ávila Castellanos, Evelio Posadas Velásquez, Juana Suyapa Bustillo, Alma Yaneth Díaz Ortega, Uva Erlinda Castellanos Vigil, Maribel Sánchez, Fredis Omar Rodríguez, Claudia Larissa Brizuela, Roger Abraham Vallejo, Martín Florencio, Félix Murillo López, Manuel Crespo, José Ángel Flores, Silmer Dionisios George and Ilse Ivania Velásquez Rodríguez) and five victims of threats, kidnappings, surveillance, persecution and attacks (Miguel López, Nelson Núñez, Patricia Riera, Moisés Sánchez and Hermes Misael Sánchez). It had expressed its deepest concern regarding such crimes, and had emphasized that trade union rights could only be exercised in an environment that was free from violence and when the human rights established in the Constitution were respected. Furthermore, in May 2018, the UN Special Rapporteur had highlighted the vulnerability, criminalization and denigration of human rights defenders in the country. The Government had submitted a proposal to resume discussions of the reform of the Labour Code in the CES, which stated that the agreement of the workers’ sector would be required for such discussions. Moreover, the latter had regretted the Government’s interpretation of sections 534 and 536 of the Labour Code with regard to the lists of demands and collective agreements of public employees’ trade unions, and the consequences for the education sector. It had also expressed concern regarding the Government’s acceptance of preliminary drafts of collective agreements proposed by the employers’ sector, which weakened labour, social and wage conditions. The speaker called for urgent and immediate action to be taken to ensure: (1) that a direct contacts mission was organized to assess the situation, and that the ILO Regional Office provided assistance to prepare the mission; (2) that the ILO provided technical assistance for the reform of the Labour Code; (3) that the Government provided detailed information on violence against rural leaders, indigenous people, trade unionists, teachers and environmentalists, to promote preventive actions; and (4) that negotiations be resumed on collective agreements by governmental and semi-governmental organizations.

The Employer member of Honduras said that, since ratification of the Convention in 1956, there had been various reforms to the Labour Code concerning the fundamental right to freedom of association. The Honduran National Business Council (COHEP), a representative organization, had commented on the application of the Convention, as had the Confederation of Workers of Honduras (CTH) and the CGT. Violent acts against any Honduran citizen were regrettable; with respect to the cases raised, the State should investigate, find out what had happened and punish those responsible. With regard to reforming the Labour Code to bring it into line with the Convention, the COHEP stood ready to engage in tripartite discussions on the proposal for reform in a spirit of cooperation and social dialogue within the CES. The employers’ sector in Honduras believed in the right to organize and respect for the self-determination of employers and workers. It was worrying to note that the observation of the Committee of Experts referred to legislative issues relating to the right to strike. In that respect, it must be reiterated that the Employers’ group took the position that that right was not regulated by the Convention, and that there was no basis for discussing the issue within the Committee. As such, the conclusions in the case should not refer to the right to strike, and the Government was not obliged to follow the recommendations of the Committee of Experts on that specific issue. Furthermore, it was important to highlight the joint statement of the Workers’ group and the Employers’ group of 23 February 2015 and the statement of the Government group of the same date, which stated that “the scope and conditions of this right are regulated at the national level”. As such, any request from the Committee of Experts for the Government to align its legislation and practice with its own rules on the “right to strike” was not only not binding, but also beyond the scope of standards supervision. The democratization of employers’ and workers’ organizations, whereby decisions were taken by the majority in conditions of equality and freedom, without any pressure, was important. Since 1993, the COHEP had supported the decision to undertake an overall reform of the Labour Code, which had fallen behind the times, with the aim of promoting and generating employment in the country. Establishing more than one primary or enterprise-level trade union at a single workplace was also important, but collective bargaining should fall to whichever body united the majority of workers at an enterprise. An effective reform of national legislation to bring it into line with the Conventions was necessary and should be carried out in a tripartite manner, with technical support from the Office, within a specified time frame of no more than three months. It should be done within the CES framework and should take account of all sectors.

The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Norway, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, stated that the above countries attached great importance to the respect of human rights, including freedom of association of workers and employers and the protection of the right to organize, and recalled the important role played by the ILO. Through the Association Agreement between the EU and Central America, the EU and Honduras had both committed to effectively implement the fundamental ILO Conventions. Although there was progress, high murder rates fueled by the significant presence of organized crime in the country constituted a persistent problem, and the human rights situation remained highly challenging. She expressed deep concern over the recent allegations of new murders, kidnappings and death threats against members of the trade union movement contained in the report of the Committee of Experts and requested more information on the outcome of the investigations in the cases of murders which had occurred between 2010 and 2014. She urged the national authorities to ensure that proper investigation and prosecutions of material and intellectual perpetrators of such crimes were carried out promptly, and requested it to take measures so as to ensure that trade union representatives were duly protected, as the rights of workers’ and employers’ organizations could only be exercised in a climate free from violence, pressure and threats. Fighting impunity should remain a priority of the Government, and strong support was therefore expressed towards the work of the Organization of American States mission against corruption and impunity in Honduras. Strengthening and ensuring impartiality of the national police and judicial institutions were also considered central to achieve the goal. Freedom of association and collective bargaining constituted a powerful tool to ensure social stability and economic development and although creating an environment conducive to tripartite dialogue and freedom of association was a complex task, it remained the Government’s first responsibility. The Committee of Experts had been emphasizing for many years the need to amend certain provisions of the Labour Code which were not in conformity with the Convention, in particular the restrictions to the right to establish a trade union and to the right to strike. In that regard, the speaker welcomed the reform of the Labour Code initiated a few years ago, with the support of the ILO, but expressed regret that no progress had been made since the draft reform had been submitted to the Economic and Social Council (CES) in 2014. While acknowledging the complex and challenging political environment prevailing in the country, the Government was encouraged to organize proper consultations on the reform with the social partners with a view to finalizing it, and submitting a draft to Congress and the social partners were called on to engage in the discussions in a constructive manner. The EU and its Member States would continue to cooperate with, and support the Government in its efforts to comply with ILO Conventions.

The Government member of Paraguay, speaking on behalf of a significant majority of Latin American and Caribbean countries, indicated that the composition of the delegation and the information presented demonstrated the State’s openness and the commitment of its highest authorities to work to investigate all cases. Any act of aggression, violence or impunity against the integrity or lives of individuals must be rejected and, at the same time, the great efforts made by the Government to reduce rates of violence should be noted. The Government had made progress regarding the protection, promotion and defence of human rights, particularly workers’ rights, and regarding criminal investigation (the prosecution of 41 per cent of the aforementioned cases and comprehensive measures to protect seven trade union leaders). Between 2014 and 2018, legal personality had been granted to a significant number of new trade union organizations in both the public and private sectors. The efforts and willingness of the Government to refer the discussion on the Labour Code reforms to the CES and thus continue the joint development of a roadmap to bring the Code into conformity with the Convention were appreciated. Lastly, the speaker encouraged the Government to continue its efforts to fulfil its international commitments on labour, and trusted that it would continue to strengthen dialogue and tripartite consensus.

The Government member of Panama expressed his support for the statement made by the Government member of Paraguay. The ongoing process of legislative reform in the country was a demonstration of the Government’s efforts to solve the problems related to organized crime, which depended on destabilizing the State, and was not directed at employers’ and workers’ organizations. He welcomed the assistance provided by the ILO, and encouraged the Government to continue its efforts.

The Worker member of Spain expressed his solidarity with all the trade unionists, workers and citizens who put their physical well-being and lives in danger to defend fundamental rights at work in Honduras. Those workers not only suffered from high levels of insecurity, inequality and poverty, but also experienced extraordinary levels of anti-trade union violence, whose sole objective was to undermine and destroy the trade union movement. The illegal detention, kidnapping and murder of trade union members formed part of a deplorable reality, which was a direct consequence of the State’s lack of legitimacy, the institutional crisis, and the complete absence of a separation of powers that had existed in Honduras since the coup d’état in 2009. That situation was a confirmation of a clear violation of both the Convention and human rights. The Government had not done enough to comply with the Convention; on the contrary, its action had led it to limit and hamper the legal exercise of the guarantees enshrined therein. In that regard, there had been no progress in the prosecution of those who had murdered trade union leaders and members; in the strengthening of policies to protect and react against anti-trade union behaviour; or in bringing the Labour Code into conformity with the Convention. In view of the above, the speaker supported the demands of the trade union organizations of Honduras and considered that the ILO should send a direct contacts mission to verify observance of the Convention, and provide the necessary technical assistance.

The Government member of Lebanon welcomed the information presented by the Government and expressed appreciation of the efforts made and procedures taken with regard to combating impunity at all levels, whether legal, judicial or administrative in order to protect human rights defenders, judges and trade unionists. She also welcomed the reform of the Labour Code to ensure compliance with the Convention, encouraged social dialogue to finalize the amendments, and invited the ILO to provide technical assistance to Honduras, whenever necessary.

The Employer member of Chile noted with concern that, despite government efforts to combat violence, the situation remained critical, as reported by the CGT and CTH. Recognizing that impunity was a problem of the utmost seriousness and a dangerous incentive for violence and insecurity, the Government should increase human and material resources to guarantee the life and safety of its population. Furthermore, the Government should amend the Labour Code and align it to current industrial relations and the Convention. Lastly, the request from the Committee of Experts to amend legal provisions on the right to strike was misguided since that right was not specified in any ILO Convention.

The Worker member of the United States indicated that the recurring violence against unionists demanded attention and that persistent violations of freedom of association enabled countless labour law violations and impunity to be the norm in Honduras. He further pointed to the utter failure of the governments, including those of Honduras and the United States, in using ILO standards to protect workers’ rights in international trade agreements. Although the Central American Free Trade Agreement required the parties to protect freedom of association, Honduras’ lack of compliance with the Convention had been recognized for years. In March 2012, a complaint was filed for abuses of labour rights under the labour chapter of the mentioned trade agreement and finally, after almost three years, the Government of the United States found merit in all 17 cases in the complaint. As a result, both Governments negotiated a detailed monitoring plan and consulted with workers and employers to adopt an improved labour inspection law. However, six years after the complaint, not a single trade unionist had been reinstated and not a single union had been restored in any of the mentioned cases. In addition to violence, practices by employers, and inaction by the Government frustrated workers’ attempts at forming trade unions and defending labour standards. For instance, in the agriculture sector – the largest industry in Honduras – systematic violations of minimum wage, overtime, health and safety and child labour standards persisted, and those who tried to form an industry-wide union experienced recurring violence and a denial of association rights, including attempts at creating employer-dominated unions, employers’ refusal to bargain with workers’ representatives and anti-union tactics, such as harassment and isolating workplace leaders, as well as delays by the Government in recognizing local sections of the STAS. Anti-union violence and repression of agricultural workers’ freedom of association constituted a strategic denial of rights, in which employers and the Government appeared to collaborate, and did not contribute to decent work and sustainable development. International actors, like Fair Trade USA, also falsely certified that a multinational produce company is complying with labour standards in the midst of dozens of labour violations, some of which had occurred the previous month

The Government member of Switzerland endorsed the statement made on behalf of the EU and regretted that the Committee had to discuss the case once again. Indeed, strong and sustainable working relations and social dialogue based on trust and security were some of the key factors underpinning economically sustainable development. It was deplorable to discover that no perpetrators had been convicted for the murders, kidnappings, violence and threats identified by the Committee of Experts. The violence and insecurity faced by trade unionists as well as impunity seriously impeded the smooth functioning of social dialogue. The Government should be encouraged to respect the basic principle of freedom of association and adopt the necessary measures to ensure that the ongoing procedures were concluded as quickly as possible. The Government should also continue the Labour Code reforms, in conjunction with the social partners, to ensure full conformity with international labour standards. He encouraged Honduras to continue efforts to promote social dialogue and guarantee the necessary climate of trust.

The Worker member of the Republic of Korea stated that in 2015, the Korean Confederation of Trade Unions and other groups visited San Pedro Sula to research on human and trade union rights compliance in Korean companies operating in the city. Workers in a company producing car parts had testified to repeated violations of basic labour rights, including dismissals of elected trade union leaders and the Government’s failure to enforce laws to protect those rights, or provide any remedy to workers. After the coming into effect of the new labour inspection law in March 2017, the concerned workers had filed a claim for violations of freedom of association but they were still awaiting a response from the Government and the situation had not improved since then. In October 2017, the Labour Ministry, performed an inspection through its labour inspectorate, on the issue of collective bargaining and although the employers committed to collective bargaining, seven months later, they continued to refuse the union’s recognition or to bargain collectively. The mentioned inspection had also revealed that violations of freedom of association and collective bargaining contained in a 2012 complaint continued, and that the employer continued to deny that the violations had occurred, delayed and appealed the charges and delayed justice for the workers. Discrimination against, and the firing of union members also persisted, and the employer used harassment, as well as the changing of work assignments and break times to isolate workplace leaders from their co-workers and union members. The speaker therefore shared the deep concern expressed by the Committee of Experts and urged the Government to take every effort, from legislative to administrative measures, so that workers in Honduras could fully exercise the right to freedom of association and to collective bargaining.

The Government member of Canada noted with regret the lack of progress by the Government in making reforms to the Labour Code to bring it into compliance with the Convention, as well as the apparent lack of tripartite consultations associated with the reform. She expressed concern at the human rights violations cited by the Report of the United Nations High Commissioner for Human Rights, as well as the allegations of anti-union murders, kidnappings, violence and death threats, with apparent impunity for offenders, highlighted in the report of the Committee of Experts and discussed in the Conference Committee. The speaker urged the Government to continue to take all necessary measures to ensure that investigations were carried out promptly and in accordance with the rule of law and due process, and emphasized that it was crucial that adequate investigatory, prosecutory and protective measures were undertaken to allow the free exercise of labour rights in the country. The Government was further urged to take, in full consultation with workers’ and employers’ organizations, all necessary measures to reform the Labour Code in accordance with the principles of the Convention. Finally, the speaker stated that her Government remained committed to supporting respect for human rights in Honduras, including through the full application of international human and labour rights instruments, especially the Convention, and urged the Government to put into action its commitment to implementing and respecting those norms.

An observer representing Public Services International (PSI) referred to several violations of freedom of association, such as the failure by the Ministry of the Interior to register the new executive committee of the National Association of Public Sector Employees of Honduras (ANDEPH); the dismissal of the previous president of the association from the Ministry of Health on 13 January 2016, which had led her to file a legal complaint for anti-union dismissal; the dismissal of 700 workers from the Municipality of San Pedro Sula on 30 March 2018, of whom 39 were members of the Trade Union of Employees and Workers of the Municipality of Sampedrana (SIDEYTMS) who, since they had trade union immunity, had taken legal action to be reinstated or receive compensation, and subsequently the refusal of the mayor to sign the new collective agreement; persecution resulting from false allegations made against members of the Trade Union for Medical, Hospital and Allied Workers (SITRAMEDHYS), such as the president of branch No. 3 at the Santa Barbara Hospital and the president of branch No. 34 at the Puerto Cortez Hospital. Furthermore, the presidential palace had put in place a recruitment system for new positions to deal with an excessive workload but was surreptitiously only appointing non-unionized workers. Such cases could be considered trivial compared to the murders of dozens of trade unionists and human rights activists in the country. However, if the Government was incapable of tackling trivial issues, it would be even less able and willing in political terms to resolve the murders of the speaker’s colleagues. It was evident that the strategies, national frameworks, specialized ministries and bodies, memorandums of understanding and roadmaps were not working effectively to confront impunity, violence and insecurity. They merely prevented the Government from taking responsibility. Such measures could no longer be considered acceptable ways of responding to the problems in the country. Justice was needed so that Honduran trade unionists could exercise their rights in a climate free from intimidation, violence or death. The Committee’s conclusions should reflect the gravity of the situation and call on the Government to achieve immediate and tangible results.

The Worker member of Colombia observed that the Government was once again being criticized by the supervisory system for serious violations of the Convention, as denounced by the ITUC, the Trade Union Confederation of the Americas (TUCA), Education International (EI) and the national trade union confederations, in view of the repeated cases of threats, abductions and murders of trade union leaders from various sectors (including education, which was the sector where there were usually the most victims due to the exercise of freedom of association). The absence of the effective investigation of the crimes, the refusal to recognize their trade union origins and the failure to impose exemplary sentences left the way open for crimes against men and women trade union leaders and added to the gravity of the violations of the right to life and personal safety. Recalling that the Committee of Experts had noted very serious obstacles to the exercise of the right to strike, in violation of the Convention, which had also been observed in the case of Colombia, it was regrettable that both countries were ignoring those comments. Indeed, federations and confederations were prohibited from calling strikes, unachievable majorities were required to approve strike action and strikes were prohibited in services that were not essential in the strict sense of the term. Moreover, no amendments were being made to the Labour Code, which did not guarantee freedom of association and continued to impose unacceptable restrictions on its exercise. He expressed concern at the repeated failure of governments to give effect to the recommendations of the Committee of Experts, the Committee on Freedom of Association and the Conference Committee and fully supported the call made by the Worker member of Honduras for a direct contacts mission.

The Government member of the Dominican Republic expressed support for the statement by GRULAC and acknowledged the action taken by the Government for the recognition of the legal personality of new unions, the progress made in relation to security, as supplemented by legislative, judicial and administrative measures for the reinforcement of the institutions responsible for the effective protection of human rights, peaceful coexistence and the full enjoyment of fundamental labour rights and principles.

An observer representing Education International (EI) emphasized the role played by branch organizations, unions and the working class in combating the coup d’état in 2009 and its consequences (the dismissal of teachers, murders, the imprisonment and suspension of 18 and 303 teachers, respectively; the cessation of dialogue between primary school teachers and the education authorities and the freezing of the wages of teachers for nine years; the unemployment of 28,000 primary school teachers; the existence of 4,500 and 2,500 schools with a single teacher or two teachers, respectively; the lack of water and electricity in school buildings; the exclusion from the public education system of around 500,000 children and young persons; the exclusion under the terms of the Basic Education Act of teachers and society in general from decision-making bodies for the formulation and monitoring of public education policies; the high rate of illiteracy; the reduction in the education budget; and the adoption of legislation criminalizing public protest). According to the violence observatory of the National Autonomous University of Honduras, since 2009, a total of 83 teachers had been murdered with impunity, as well as 30 students in the first quarter of 2018. In view of the violence, teachers were emigrating to other countries. It had been proposed without success to the Government that a dialogue forum should be established to conclude a social pact for high quality public education. He called for: (1) a direct contacts mission to go to the country to assess the situation; (2) the Government to report on the progress achieved in the governmental and jurisdictional processes; and (3) impunity not to be permitted under any circumstances in respect of the crimes denounced.

The Government member of Mexico endorsed the statement by GRULAC and welcomed the information provided and the specific action taken by the Government to give effect to the observation by the Committee of Experts and, in particular, its decision to resubmit to the CES, the principal social dialogue mechanism in the country and the pending 2014 reforms to the Labour Code. She trusted that agreement would be reached on the definition of a roadmap for the harmonization of the Labour Code with the Convention. Respect for fundamental labour rights was an essential aspect of the achievement of decent work, and the openness of the Government and the fact that it was prepared to collaborate with the supervisory bodies was to be welcomed. In view of the good will demonstrated, she encouraged the Government to continue its efforts to meet the challenges indicated by the Committee of Experts and to continue working with the ILO to reinforce dialogue as a fundamental instrument for achieving peaceful labour relations.

The Worker member of Brazil noted the deep concern expressed by the trade union confederations of Honduras at the murders, death threats, persecution and surveillance of trade union leaders and the negligence with which the Government treated such cases. No report had been received on the prosecution of those crimes, despite the fact that during the past decade over 300 human rights defenders had been murdered. The Government should be reminded that it was the constitutional obligation of the State to guarantee that the rights of workers’ organizations could be exercised in a climate free from violence, pressure or threats, and in which human rights were fully respected. The Government had not responded to the request to revise the Labour Code and had imposed laws which undermined the labour rights set out in the Labour Code and in international Conventions. That was the case of the Hourly Employment Act; the amendment to section 7 of the Labour Code; and the amendment to section 72 of the Labour Inspection Act. In view of the gravity of the situation, he called on the Government to guarantee full freedom of assembly and demonstration, and to put an immediate end to practices which were in violation of human rights and freedom of association.

The Government member of Brazil supported the statement by GRULAC. He further expressed concern at the procedures adopted by the Committee without tripartite consensus. He firmly rejected acts of anti-union violence and encouraged the Government to continue its efforts to make tangible progress in the prevention of violence and in combating impunity. He acknowledged the efforts made, through specific measures and legislative changes, to promote fundamental labour rights and principles, and particularly freedom of association, and to reform and modernize the national labour legislation.

The Worker member of Canada stated that the deep concern expressed by the Committee of Experts regarding anti-union crimes and the prevailing context of impunity was situated in a broader systematic context of violence against trade unionists, as well as defenders of human and environmental rights. According to various sources, since 2009, 31 trade unionists had been assassinated, 200 injured in violent attacks, 52 workers killed in confrontations with landowners and the Government, 120 environmental activists killed (since 2010) and attacks and repression of Honduran citizens had continued with 14 deaths (including children) in election-related violence in December 2017. The social conflicts were linked to economic disparities and government policies, including agrarian and investment policies, which often resulted in granting land permits to international corporations, such as Canadian and United States firms, thus superseding the rights of the rural poor. The most vulnerable people affected had limited legal recourse to protect their rights and in doing so, were subjected to smear campaigns, intimidation, threats and attacks, as was the case of an environmental activist and indigenous leader Berta Caceres assassinated two years ago in her home after years of threats against her life. According to the Inter-American Commission on Human Rights, impunity rates ranged between 95 to 98 per cent and justice was thus rarely served. To conclude, the speaker echoed the Committee of Experts’ observations that the absence of convictions against those guilty of crimes reinforced the climate of violence and insecurity and was damaging to the exercise of trade union and human rights.

The Government member of El Salvador endorsed the statement by GRULAC and welcomed the information provided on the effect given to the Convention. The presence of high-level authorities in the Committee bore witness to the commitment of the Government. Emphasis should be placed on the efforts made in the fields of prevention, protection and investigation in defence of human rights, and particularly workers’ rights; the examination by the courts of 41 per cent of the cases referred to; the comprehensive measures for the protection of seven trade union leaders; the submission to the CES of the pending reforms of the Labour Code; and the joint development of a roadmap to bring the Labour Code into conformity with the Convention. She trusted that the Government would continue to take action to ensure the application of the Convention and in so doing to guarantee freedom of association and the right to organize.

The Worker member of the Bolivarian Republic of Venezuela recalled that the importance of the Convention, which was one of the fundamental Conventions, lay in the protection of the right of all workers to establish freely unions to promote and defend their labour rights, including freedom of association. The Committee of Experts had noted a series of murders of trade union leaders, primary school teachers, indigenous persons, rural workers, defenders of human and environmental rights, which bore witness to a disregard for life by those whose interests were affected by the action taken by such men and women. The high number of deaths in the country due to participation in social and political protests, the organization of unions, the defence of the environment or merely reporting corruption was the reason why the case was being discussed by the Committee. It was important to lay emphasis on the total impunity which prevailed in those cases, for which reason it was necessary to call on the Government to establish mechanisms for dialogue with a view to establishing effective programmes for the protection of defenders of human and labour rights. The situation of public sector unions, which were denied access to collective bargaining and wage increases, illustrating the lack of protection of labour rights, was a cause of concern, as was the fear hindering workers from participating in processes for the reform of the Labour Code based on the possibility that their rights might be prejudiced. Social oppression, combined with greater flexibility, was resulting in a loss of labour rights, through reforms that undermined acquired benefits. Legislation which encouraged lower levels of social protection and the failure to give effect to tripartite agreements had resulted in the lack of labour protection being noted at the international level. A direct contacts mission was necessary to assess the information provided by the Government and to consult workers’ confederations in Honduras on the real situation with regard to labour-related crime and increased flexibilization of employment, particularly the role of the State as the protector of human and labour rights.

Another Government representative said that security was an ongoing priority of the current administration. Violence and insecurity still presented serious problems and the consequences for Honduran society were serious. Consequently, the Government was making great efforts to remove those obstacles, strengthening institutions and implementing a series of state actions. Together those measures had led to progress in the protection of citizens, demonstrated by the fact that Honduras had reduced its homicide rate to 42.7 per 100,000 inhabitants in five years, a historic achievement for the country and an example for the world considering that in 2011, the figure had been 87.3 per 100,000 inhabitants. Those achievements were a result of the aforementioned progress, such as the protection of trade unionists and human rights defenders, the establishment of a structure within the executive branch to prevent and investigate crime and the subsequent strengthening of that structure. Regarding progress made in combating organized crime, efforts had been intensified. In 2016, a total of 18 extraditions had been carried out; 9,395 arrest warrants had been issued; ten drugs laboratories had been destroyed; 8,350 firearms had been decommissioned; and 1,256 assets of illicit origin had been seized. That progress had been possible thanks to the efforts of the justice system and renewed coordination in the fight against crime. Efforts were continuing for the comprehensive strengthening of criminal investigation: the Public Prosecutor’s Office had received more than US$24 million between 2015 and 2017, allowing that body to boost investigations through the creation of new agencies such as the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Justice Workers, Defenders of Workers and Social Communicators. It had also allowed the Technical Agency for Criminal Investigation to be strengthened, increasing its budget from US$1.1 million to $6.4 million. The Government had also approved the special regulations for the organization and operation of the forensic medicine directorate and the special regulations for the organization and operation of the directorate for combating drug trafficking. Regarding efforts to improve and strengthen the justice system in the country, a series of measures had been implemented including: (i) an increase in 2017 of more than 10 million lempiras (HNL) in the budget for the judiciary, in comparison with 2016; (ii) the revision of the Special Act on Judicial Bodies with National Territorial Jurisdiction; and (iii) the establishment of special courts with national jurisdiction to hear cases of corruption and extortion; and the establishment of the special commission for the selection of judges and magistrates for those courts, consisting of representatives from civil society, the Supreme Court of Justice and the Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH). The aforementioned efforts represented some of the most significant examples in Honduras of the fight against corruption and impunity, with particular emphasis on the establishment of the MACCIH in 2016, thereby the strengthening of investigative work of state institutions. Furthermore, laws facilitating work against corruption and impunity had been adopted including: (i) the establishment of the Special Prosecution Unit to Combat Impunity in Corruption (UFECIC); (ii) the approval of the Act on Financing, Transparency and Inspection of Political Parties in Honduras; and (iii) the introduction of an anti-corruption policy at the Office of the Prosecutor-General. Honduras was progressively moving away from its past marked by the violence of organized crime and was showing a more amiable face to human rights defenders. An important step in that regard was the adoption of the Act for the Protection of Human Rights Defenders, Journalists, Justice Workers, Defenders of Workers and Social Communicators, which established the national protection mechanism that currently provides protection for seven trade union leaders. Regarding the case of Ms Berta Cáceres, nine individuals had been detained and the case was ongoing. The scope of the protective measures prescribed by the Inter-American System for the Protection of Human Rights included the members of the San Isidro Indigenous Council and the Lenca Peace Movement. The UN Special Rapporteur on the situation of human rights defenders had recently visited the country, which sent a clear message of openness and a willingness to continue making improvements to overcome human rights challenges. Lastly, the promotion and protection of human rights in Honduras had been strengthened with the establishment of the State Secretariat at the Human Rights Department, which represented a decisive step by the State towards the protection of human rights. There were currently 211 human rights defenders, judicial workers and trade unionists under protection.

Another Government representative reiterated that all those efforts proved beyond doubt that Honduras was serious about honouring its international commitments to protect the rights guaranteed by the Convention and that there was no state policy of anti-union persecution and violence, but rather that structures had been put in place to fight impunity and protect the rights of trade union leaders. With regard to reforms to the Labour Code and new trade union registrations, the acts of the new Government, and respect for labour rights, Honduras was entering a new phase in which more individual liberties and the exercise of rights were being guaranteed. In that context, the Government reaffirmed its political will to take the steps necessary to reform the Labour Code so as to align it with the Conventions Honduras had ratified, a process that had been taking place gradually through social dialogue and on a tripartite basis within the CES, as had occurred with the new Labour Inspection Act, which had been the most far-reaching reform to the Labour Code since it had first come into force. With regard to progress in applying the new Labour Inspection Act, the Act had enabled a new culture of compliance to be established gradually, with 32,268 inspections carried out to date, benefiting 433,304 workers. Moreover, since the Act had come into force, a total of around US$1.2 million had been levied in fines for various breaches of labour law, including a total of US$62,000 for violations of the right to freedom of association and US$198,000 for obstructing the work of the inspection services. As for aligning the Labour Code with the Convention, and the reforms still pending, and recalling what had occurred in 2014, when workers’ confederations had expressed reservations, the Ministry of Labour was drafting a new proposal to serve as a baseline for discussions. In that respect, the Government was meeting its commitment to raise the issue of pending reforms again for discussion within the CES with a view to drafting a roadmap to enable further alignment of the Code with the Convention and achieve consensus. To that end, the necessary technical assistance and follow-up were once more requested from the Office. Honduras would continue to be a State that respected human rights and where the protection and promotion of those rights was central to all activities. He underlined the fact that the State and the ILO were fighting the same cause, given that they shared values and interests in their eagerness to continue making significant contributions to achieving the international objectives of equitable social justice and a better world of work.

The Employer members welcomed the information provided. With regard to trade union rights and civil liberties, they noted with appreciation the Government’s efforts to strengthen security institutions. However, further work needed to be done. They urged the Government to accelerate the investigation processes in order to bring the perpetrators to justice, and to provide the Committee of Experts with the results of the investigations and the sentences handed down. Concerning Article 2 et seq. of the Convention relating to the establishment, autonomy and activities of trade union organizations, it was necessary to reform the Labour Code, and bring it into line not only with the Convention but also with new forms of work. It was essential to establish tripartite social dialogue in order to finalize the pending legislative amendments, as had been done for the Labour Inspection Act, and to take into account the informal economy. Tripartite dialogue must be entered into in good faith, and did not necessarily ensure consensus. Needing consensus effectively conferred the power of veto, which was what had happened with the reforms of 1993 and 2014 when progress had been hindered by the trade union sector. The Government could not forsake its obligations. They urged the Government to avail itself of the technical assistance provided by the Office. However, given the time elapsed, deadlines needed to be set, before the next session of the Committee of Experts. They reiterated the request by the Employers’ group that the Committee’s conclusions should not refer to the right to strike.

The Worker members, responding to the comments made by the Employer members on the right to strike, reiterated that their position had not changed. The Convention protected the international right to strike. The right to strike was part of the right to freedom of association, which was a fundamental right, and which ensured that workers’ voices, too often ignored by governments and employers, were heard. The Government should follow the recommendations made by the Committee of Experts. Despite the diverging opinions on that matter in particular, the Worker members were continuing to work constructively towards the achievement of consensus-based conclusions, in line with the agreement with the Employers. The situation in the country was extremely serious (comparable to that in countries such as Guatemala and Colombia), with high levels of anti-union violence and almost total impunity for such crimes. It was necessary to resolve the situation immediately. The Government was blatantly and directly responsible for the acts of anti-union violence that had been carried out after the 2017 political elections, when dozens of civilians had been murdered by military and police personnel, and thousands had been injured, arrested, imprisoned or tortured by state officials, and nobody had been held responsible. The Government was incapable of tackling the cases of impunity and violence against trade unionists, and was participating in the widespread violation of human rights. It was impossible for workers to exercise their fundamental rights, knowing that the authorities went unpunished when they committed a murder. However, the case was not only concerned with anti-union violence. Workers did not have the possibility to exercise their right to freedom of association because of an inadequate Labour Code, a failing labour inspection system (as had been discussed in the Conference Committee in 2016), and a number of employers who broke the law knowing that they would go unpunished. The Worker members expressed their concern regarding the efforts to impede the establishment of trade unions, especially in agriculture, where anti-union discrimination was particularly rampant, including in melon and palm oil production. Workers in the garment industry also faced intense and illegal opposition from their employers, and were often dismissed for establishing trade unions. Such conditions led to an increase in violence. In conclusion, recalling that, for years, the Committee of Experts had observed that the labour legislation was not in conformity with the Convention, the Worker members requested the Government to immediately address, at the very least, priority reforms, by introducing the amendments drafted in collaboration with the social partners. Furthermore, they considered it necessary for an ILO high-level mission to visit the country to observe the progress made before the end of the year.

Conclusions

The Committee took note of the oral statement made by the Government and the discussion that followed.

The Committee deplored the serious allegations of acts of anti-union violence, including physical aggression and murders, and the absence of convictions against those guilty of the crimes, which create a situation of impunity reinforcing the prevalent climate of violence and insecurity.

Taking into account the Government’s submissions and the discussion that followed, the Committee called upon the Government to:

- take without delay all the necessary measures to ensure that the investigations into the murders are carried out promptly in order to determine the persons responsible and to punish those guilty of these crimes;

- provide rapid and effective protection to all trade union leaders and members who are under threat to ensure that the lives and physical integrity of persons are effectively protected and to implement measures to prevent further cases of trade union murders and violence;

- immediately conduct competent investigations into acts of anti-union violence and prosecute the persons responsible for those crimes;

- ensure that the relevant authorities have sufficient resources and personnel to undertake this work effectively; and

- take all the necessary measures to create an environment in which workers are able to exercise their right of freedom of association without the threat of violence or other violations of their civil liberties.

In consultation with the social partners, bring the Labour Code into conformity with the Convention as regards:

- the exclusion of workers’ organizations in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1));

- the prohibition of more than one trade union in a single enterprise (section 472);

- the requirement of more than 30 workers to establish a trade union (section 475); and

- the requirement that the officers of a trade union must be of Honduran nationality (sections 510(a) and 541(a)), be engaged in the corresponding activity (sections 510(c) and 541(c)) and be able to read and write (sections 510(d) and 541(d)).

In this regard, the Committee calls on the Government to avail itself of ILO technical assistance to address these conclusions. The Committee also asked the Government to report in detail on the measures taken to implement these conclusions to the next meeting of the Committee of Experts in November 2018. The Committee urges the Government to accept a direct contacts mission before the next International Labour Conference.

The Government representative expressed his Government’s willingness to work to ensure the success of the direct contacts mission that would visit the country, in accordance with the Committee’s conclusions, and to receive the requested ILO technical assistance. He reiterated that there was no policy whatsoever of anti-union persecution or violence by the State and that, in addition to the action already taken, about which the Committee had been informed, a follow-up and information group had been established in the Economic and Social Council (CES) on cases of trade union violence. He said, with respect to the reforms of the Labour Code, that they would be subject to further tripartite discussion within the CES, with ILO technical assistance, and that, if no agreement was reached, as had occurred in recent years, the Government’s draft reforms would be submitted to the National Congress with a view to bringing the national legislation into line with the Convention.