Interim Report - Report No 411, June 2025

Case No 3459 (Honduras) - Complaint date: 12-MAR-24 - Active

Allegations: The complainant organizations allege various anti-union acts, including dismissals, by two government entities

1. 301. The complaint is contained in three communications dated 8 December 2022, 18 October 2023 and 12 March 2024 from the Authentic Trade Union Federation of Honduras (FASH) and a communication dated 9 January 2025 from the Union of Workers of the Revenue Administration Service (SITRASAR).
2. 302. The Government of Honduras sent its observations on the allegations in a communication dated 12 March 2025.
3. 303. 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. The complainants’ allegations

1. 304. In their communication of 8 December 2022, the complainant organizations allege that the Ministry of Labour and Social Security (SETRASS) failed to comply with several provisions of a “respectful memorandum” that it had concluded with the Union of Workers of the Ministry of Labour and Social Security (SITRASTSS) and also dismissed a member of that union’s central executive committee, Mr Luis Fernando Pinel. According to the complainant organizations, SITRASTSS and FASH requested meetings with SETRASS on several occasions between January and August 2022 in order to address the issue and demand an end to the violations, but SETRASS ignored the requests.
2. 305. The complainant organizations state that, in view of this situation, on 11 August 2022 SITRASTSS began to organize informative assemblies at the national level. They claim that SETRASS’ management responded by threatening the participants at these assemblies, intimidating them by photographing, filming and recording them, compiling lists to be used for subsequent reprisals, committing acts of violence of all kinds in different regions, and dismissing SITRASTSS members and leaders.
3. 306. Moreover, in their communications of 18 October 2023 and 12 March 2024, the complainant organizations state that, on 10 May 2023, 47 employees of the Revenue Administration Service (SAR) decided to form SITRASAR and that, on 16 June 2023, an application was filed with SETRASS for the recognition and registration of the legal personality of the union. However, they allege that, on 19 June 2023, the five leaders of SITRASAR – Ms Ana Carolina Rivera Zuniga, president; Mr Alex Reinaldo Baquis Corea, treasurer; Mr Denis Mauricio Molina Lupiac, general secretary; Ms Lesly Melissa Torres Valladares, secretary; and Mr Jairo Osmin Matamoros Romero, vice-president – were dismissed.
4. 307. The complainant organizations claim that, on 20 June 2023, representatives of SITRASAR went in person to the General Labour Directorate of SETRASS and filed an application for special state protection for all members of the trade union that was being formed, as provided for in section 516 of the Labour Code and section 72 of the Labour Inspection Act. They claim that the same day, the SAR launched a campaign of anti-union persecution against SITRASAR, by dismissing 20 of its members, transferring posts and cancelling the access of its members to their usernames and files in the institution.
5. 308. The complainant organizations state that, on 30 June 2023, they filed a case with the Labour Inspectorate in relation to some of the anti-union dismissals, but received no response. They also report that they filed a complaint with the Office of the National Commissioner for Human Rights (CONADEH) and lodged several administrative appeals with SETRASS regarding the aforementioned allegations.
6. 309. The complainant organizations also state that, after SITRASAR had filed its application for registration, SAR formed a parallel union, the Union of Employees of the Revenue Administration Service of Honduras (SIEMPSARH), with new and trusted staff, and that SETRASS advised SIEMPSARH and processed its documentation expeditiously. The complainant organizations state that they filed an appeal against the application for the recognition and registration of the legal personality of SIEMPSARH, but SETRASS declared the appeal inadmissible and then approved the application.
7. 310. According to the complainant organizations, there is a clear complicity between SAR and SETRASS in not processing within the timeframe established by law the application by SITRASAR concerning its legal personality. In their communication of 9 January 2025, the complainant organizations state that the application has not yet been processed, and that they have filed a complaint in this regard with the National Anti-Corruption Council.

B. The Government’s reply

1. 311. In its communication of 12 March 2025, the Government submits the observations of SETRASS, which provides information on the processing of the applications submitted by SITRASAR. SETRASS confirms that, on 16 June 2023, SITRASAR submitted to its General Labour Directorate an application for the recognition and registration of legal personality. It reports that, on 7 November 2023, its Legal Services Unit found the application to be inadmissible as it contained substantive flaws.
2. 312. SETRASS reports that, on 27 November 2023, a representative of SITRASAR submitted an ex officio correction, which was forwarded to its Legal Services Unit for the corresponding legal opinion. However, it also notes that several members of SITRASAR subsequently withdrew from the application and that its Legal Services Unit has to issue an opinion on this matter as well, and as a result the application is still pending.
3. 313. SETRASS also states that, on 29 June 2023, SITRASAR filed with its General Labour Directorate an application for special state protection for its members so that they would not be dismissed or subjected to less favourable working conditions, or be victims of acts of anti-union discrimination. It reports that this request was also forwarded to its Legal Services Unit for a legal opinion.

C. The Committee’s conclusions

1. 314. The Committee observes that, in the present case, the complainant organizations allege: (i) in relation to SITRASTSS, non-compliance with a “respectful memorandum”, acts of anti-union discrimination, including dismissals, and acts of intimidation by SETRASS; and (ii) in relation to SITRASAR, the intentional delay in the registration of that organization by SETRASS, as well as acts of anti-union discrimination, including the dismissal of 5 leaders and 20 members, and the creation of a parallel trade union by SAR. The Committee also notes that the Government reports on the status of the applications by SITRASAR concerning its registration.
2. 315. With regard to the allegations concerning SITRASTSS, the Committee notes that the complainant organizations claim that: (i) SETRASS violated several provisions of a “respectful memorandum” agreed with SITRASTSS and dismissed Mr Luis Fernando Pinel, a member of the union’s central executive committee; (ii) between January and August 2022, SITRASTSS and FASH tried on several occasions to hold a meeting with SETRASS to address the situation and request an end to the violations, without success; and (iii) after SITRASTSS began organizing informative assemblies at the national level on 11 August 2022, SETRASS’ management responded by threatening participants, intimidating them by taking photographs, videos and recordings, compiling lists to be used for subsequent reprisals, committing acts of violence of all kinds in different regions, and dismissing SITRASTSS members and leaders.
3. 316. While noting the limited details provided by the complainant organizations, in particular with regard to the acts of intimidation and anti-union discrimination that allegedly occurred in response to the above-mentioned informative assemblies, the Committee notes with regret that the Government has not communicated its observations in relation to these allegations. In this regard, the Committee recalls that mutual respect for the commitment undertaken in collective agreements is an important element of the right to bargain collectively and should be upheld in order to establish labour relations on stable and firm ground [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 1336], and that the dismissal of workers on grounds of membership of an organization or trade union activities violates the principles of freedom of association [see Compilation, para. 1104]. The Committee also recalls that freedom of assembly and freedom of opinion and expression are a sine qua non for the exercise of freedom of association [see Compilation, para. 205], and that the exercise of trade union rights is incompatible with violence or threats of any kind and it is for the authorities to investigate without delay and, if necessary, penalize any act of this kind [see Compilation, para. 88]. In the light of the above criteria, the Committee requests the Government to take the necessary steps to ensure that an independent investigation is carried out without delay into the allegations concerning SITRASTSS and, should the allegations be found to be true, that appropriate remedial measures are taken. The Committee requests the Government to keep it informed of any developments in this regard.
4. 317. With regard to the alleged intentional delay in the SITRASAR registration procedure, the Committee notes that the complainant organizations claim that: (i) as of 9 January 2025, the application for the recognition and registration of the legal personality of SITRASAR, which was submitted on 16 June 2023, had still not been processed by SETRASS; (ii) meanwhile, SETRASS advised SIEMPSARH, promptly processed its documentation and granted it legal personality; and (iii) there is a clear complicity between SAR and SETRASS in not processing SITRASAR’s application. The Committee also notes that the Government reports that: (i) on 7 November 2023, the above-mentioned application was declared inadmissible on the grounds that it contained substantive flaws; (ii) on 27 November 2023, SITRASAR submitted an ex officio correction to SETRASS, which SETRASS referred to its Legal Services Unit; and (iii) that Unit also has to issue an opinion on several withdrawals by SITRASAR members subsequent to the submission of the application, and as a result the application is still pending.
5. 318. Observing that more than a year has passed since the application for the recognition and registration of SITRASAR’s legal personality was submitted and that the application has still not been processed, the Committee recalls that a one-year period for treating a union’s application for registration is excessive and not conducive to harmonious industrial relations [see Compilation, para. 467], and that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization [see Compilation, para. 463]. The Committee urges the Government to proceed with the registration of SITRASAR without further delay, provided that it meets legislative requirements, and to keep the Committee duly informed in this regard.
6. 319. With regard to the alleged acts of anti-union discrimination and interference against SITRASAR, the Committee notes that, according to the complainant organizations: (i) 47 SAR workers formed SITRASAR on 10 May 2023, and submitted the above-mentioned application for the recognition and registration of its legal personality to SETRASS on 16 June 2023; (ii) on 19 June 2023, SAR dismissed the five leaders of SITRASAR (Ms Ana Carolina Rivera Zuniga, president; Mr Alex Reinaldo Baquis Corea, treasurer; Mr Denis Mauricio Molina Lupiac, general secretary; Ms Lesly Melissa Torres Valladares, secretary; and Mr Jairo Osmin Matamoros Romero, vice-president); (iii) on 20 June 2023, after the representatives of SITRASAR filed an application for special state protection for its members, SAR dismissed 20 of them and transferred some posts; (iv) they filed a case with the Labour Inspectorate concerning some of these dismissals, as well as several administrative appeals with SETRASS; (v) SAR also formed a parallel union to SITRASAR, SIEMPSARH, with new and trusted workers; and (vi) they lodged an appeal against an application for the recognition and registration of legal personality filed by SIEMPSARH, but SETRASS declared the appeal inadmissible and approved the application. The Committee also notes that the Government does not respond specifically to these allegations.
7. 320. Observing that it is alleged that the aforementioned dismissals and transfers took place shortly after the union was formed and immediately followed one of the applications filed by SITRASAR in relation to its registration and the protection of its members, the Committee recalls that, where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention [see Compilation, para. 1159]. With regard to the alleged establishment of SIEMPSARH by SAR, the Committee also recalls the importance it attaches to protection being ensured against acts of interference by employers designed to promote the establishment of workers’ organizations under the domination of an employer [see Compilation, para. 1215]. The Committee therefore requests the Government to carry out immediately an independent investigation into the alleged dismissals, transfers and acts of anti-union interference against SITRASAR and its members and, should the allegations be found to be true, to ensure that appropriate remedial measures and sufficiently dissuasive sanctions are taken. The Committee requests the Government to report on the outcome of the above-mentioned investigation, as well as on the outcome of the cases before the Labour Inspectorate and the administrative appeals lodged by the complainant organizations.

The Committee’s recommendations

1. 321. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take the necessary steps to ensure that an independent investigation is carried out without delay into the allegations concerning the Union of Workers of the Ministry of Labour and Social Security (SITRASTSS) and, should the allegations be found to be true, that appropriate remedial measures are taken. The Committee requests the Government to keep it informed of any developments in this regard.
   • (b) The Committee urges the Government to proceed without further delay with the registration of the Union of Workers of the Revenue Administration Service (SITRASAR), provided that it meets legislative requirements, and to keep it duly informed in this regard.
   • (c) The Committee requests the Government to carry out immediately an independent investigation into the alleged dismissals, transfers and acts of anti-union interference against SITRASAR and its members and, should the allegations be found to be true, to ensure that appropriate remedial measures and sufficiently dissuasive sanctions are taken. The Committee requests the Government to report on the outcome of the above-mentioned investigation, as well as on the outcome of the cases before the Labour Inspectorate and the administrative appeals lodged by the complainant organizations.