Caso individual (CAS) - Discusión: 2025, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Honduras (Ratificación : 1956)

Discussion by the Committee

Chairperson – I have the honour of inviting the Honourable representative of the Government of Honduras, the Minister of Labour and Social Security.

Government representative – The democratic socialist Government, which is led by the first woman President, Iris Xiomara Castro Sarmiento, reaffirms its unshakable commitment to the protection, promotion and safeguarding of workers’ rights, and particularly the right to organize, and direct action to combat anti-union violence.

This period of democratic rebirth was preceded by the epoque of the drug-dictatorship regime, which had its origins in the coup d’état of 28 June 2009 against former President José Manuel Zelaya, and was characterized by brutal repression, persecution and murders of political, social, environmental and trade union leaders, behind a fortress of impunity enthroned in State institutions. In this context, the ILO direct contacts mission arrived in the country and played a decisive role in the conclusion of the tripartite agreement of 2019 in which the parties committed to the adoption of joint governmental measures to combat anti-union violence.

Today, as a responsible State, we are taking the floor to report the significant progress made in the implementation of the recommendations of the Committee of Experts, and the decisions taken at our own initiative to overturn the repressive aftermath of the previous regime. We wish to enumerate the following measures in accordance with the recommendations of the Committee of Experts:

• (1) The operation of the Committee on Anti-Union Violence (COMCOVIA): the Secretariat of Labour formally convened all the key institutions of the State, including the judicial authorities and the Office of the Public Prosecutor, the three trade union confederations (the General Confederation of Workers (CGT), the Single Confederation of Workers of Honduras (CUTH) and the Workers’ Confederation of Honduras (CTH)), the Network against Anti-Union Violence and ILO representatives, to re-establish and activate the Committee. For the first time, the rules of procedure of the Committee obtained tripartite approval, defining the functions, objectives, sectoral composition, decision-making procedures and all the regulatory aspects governing the work of the new institution for the protection of the right to organize.
• (2) Approval of the Work Plan 2025 of the COMCOVIA: for the first time, the Work Plan and schedule of the activities of the COMCOVIA were approved unanimously in the working groups, covering four strategic areas: institutional strengthening, protection measures, measures to expedite investigations and the promotion of trade union rights.
• (3) Cooperation agreement with the Office of the Public Prosecutor to prioritize the investigation and prosecution of crimes involving anti-union violence: under the drugdictatorship regime, the situation of anti-union violence terrorized and took the lives of those unionized workers who fought to claim their labour rights, as well as for the return of democracy, and particularly against the fraudulent 2017 election. In view of this situation, we decided to move forward with the conclusion of the agreement, and on 9 May, in the presence of an ILO representative and of human rights protection bodies, we signed an inter-institutional agreement with the constitutional body responsible for criminal prosecutions. In contrast with the previous authorities, the new Office of the Public Prosecutor, represented by its chief, the Attorney-General, and the head of the Secretariat of Labour, yours truly, concluded an agreement to reinforce the criminal prosecution of crimes against trade unionists. This includes a rapid action mechanism for support, investigation and prosecution of crimes and the establishment of a Special Investigation Protocol for anti-union violence, which is currently being designed by technical teams appointed by both institutions and the members of the working groups of the Committee.
• (4) The establishment of a Specialized Trade Union Support Office: as a follow-up to the strengthening of the system of trade union protection, this unit was established within the General Labour Inspectorate, which will deal with charges of harassment, discrimination and the obstruction of collective bargaining. We have commenced operations in key areas, such as Tegucigalpa, San Pedro Sula and Choloma, with a view to improving access to labour justice.
• (5) Protection of trade unionists as human rights defenders: in the context of the points described above, and under the terms of the Act on the Protection of Human Rights Defenders, three trade unionists have already benefited from protection measures for human rights defenders. This opens the mechanism to trade unionists who require protection measures because they are at risk due to their trade union activities.
• (6) Transparency and judicial cooperation: we are working in coordination with the judicial authorities to combat anti-union violence and we are drawing near to the conclusion of an agreement to ensure specialized and priority treatment of judicial cases involving anti-union violence for both current and future cases.
• (7) Regular social dialogue and tripartite support: through the Economic and Social Council (CES), and with the approval of the rules of procedure of the Committee for the Handling of Disputes referred to the ILO (MEPCOIT), we have consolidated the will of the social partners to work together for a trade union environment free from violence.

This progress is tangible and is the outcome of the clear political will at the highest level and a deeply held conviction that respect for labour rights and trade unionism is a pillar of democracy as a whole. Nevertheless, we are not claiming that this progress is the point of arrival, but rather the point of departure. We recognize the persistence of challenges, but we are also reaffirming that the State of Honduras is committed to an active, coordinated and transparent agenda for the eradication of violence against organized workers and anyone else who wishes to organize, and at the same time to combat impunity.

We are grateful for the technical assistance of the ILO and the support of this Committee, and we reiterate our desire to continue working with you to consolidate a culture of full freedom of association, without violence at the workplace and without impunity for crimes that prejudice and restrict the right to organize.

Worker members – The case of Honduras requires the full attention of this Committee. The reiterated observations made by the Committee of Experts clearly show the persistence of structural challenges which impede the full exercise of the right to freedom of association, as guaranteed by the Convention. At the same time, the report also takes note of the progress achieved in recent years which allow a change in direction to be perceived in the labour policies of the country, with positive indicators for institutional strengthening, social dialogue and tripartite cooperation.

The Convention, which is the fundamental pillar of the ILO standards system, guarantees workers the right to establish organizations in full freedom without previous authorization, to organize their activities without external interference and to engage in trade union activities without fear or reprisals. This right, together with the principles of freedom of association and social dialogue, are essential elements for democracy, social justice and lasting peace in our societies.

We insist that the analysis of the situation in Honduras is of great relevance for the Committee, both in relation to the pending commitments and some of the signals of transformation that have been noted in recent years. The analysis of the Committee of Experts shows a mixed picture. Although significant progress has been noted in terms of institutional strengthening and openness to social dialogue, there are still aspects that need to be addressed to achieve the full compliance of national law and practice with the Convention.

It also finds that legal obstacles persist which restrict the effective exercise of freedom of association, such as barriers to the legal recognition of organizations and an environment that is still conditioned by pressure factures and insecurity for those who endeavour to carry out trade union activities.

Nevertheless, the report recognizes progress in relation to the registration of unions, collective bargaining and inter-institutional coordination to address anti-union violence, which would give grounds for understanding that the country is advancing along a path of democratic reconstruction in the field of labour, even though a whole process of consolidation is still required.

The Worker members, through the information provided by their worker comrades in Honduras, note that the country is beginning to enter a different phase. Since the change of administration, the Government has been showing the political will to make progress with this institutional restructuring and the creation of more favourable conditions for the exercise of labour rights. This will has taken the form of the specific action referred to in the reports and in the information that we have received from the trade union movement. Among the action taken, we emphasize: the reactivation of tripartite mechanisms by the COMCOVIA; the implementation of new more accessible administrative procedures for the legal recognition of new organizations; the opening of regional offices of the Ministry of Labour in areas where there had previously been no institutional presence; and the adoption of initial measures for the coordination of inter-institutional efforts to address violence and guarantee the safety of the members of unions, in our case.

These signals are indicators that show a different direction. It is clear that the process of reconstruction requires time, resources and technical cooperation. But is it also necessary to support the political determination to consolidate the progress made and to stand up to any resistance that may arise at both the institutional and legislative levels.

In this context, we also refer to the observations of the Committee of Experts on the need to revise the national legislation, and particularly the trade union legislation.

The Worker members consider that Honduras needs to make progress towards a reform that guarantees the full harmonization of national law with the provisions of the Convention.

We also know, from our own information, that there are political difficulties and problems in the country, but we consider it essential for the Government to maintain the commitment to move forward in this process through genuine tripartite social dialogue, which includes in particular, in our case, effective consultations with workers and their representative organizations, as well as with our employer counterparts. It is not a question of imposed reforms or formal processes, but consists of rebuilding political social consensus on respect for freedom of association.

The recent history of the country, as we clearly heard from the Minister, cannot be overlooked. For many years, the conditions for trade union organization were seriously affected by the factors of violence, impunity and institutional weakness. The consequences of this period persist and explain many of the current difficulties. But it is precisely for this reason that the Workers’ group wishes to acknowledge that, even though there has been progress, there are also issues that remain pending, and we have just heard that the progress that is being made is not the point of arrival, but the point of departure.

We therefore believe that it is necessary to reinforce the commitment through rigorous follow-up and active cooperation for effective compliance with the Convention.

Everyone in this Committee knows that compliance with international standards never depends solely on adequate national legislation, but on genuine application, specific implementation, the strengthening of labour institutions and effective guarantees and conditions of safety, independence and non-discrimination for those who hold trade union office.

We therefore believe that the Government of Honduras must consolidate the steps taken, broaden technical cooperation with the Office, work with the social partners for the design of a road map with time limits, objectives and regular evaluation, based on the recommendations of the Committee of Experts. The road map must reflect the commitment to social justice, with the consolidation of tripartite social dialogue and full compliance with collective rights in the country.

Employer members – We wish to thank the Minister of Labour of Honduras for being present in the Committee and for the information provided. First of all, I wish to refer briefly to the background to this case. This Committee has examined the application of the Convention on several occasions, most recently in 1991–92, 2018 and 2019, and since 2000 there have been a series of observations by the Committee of Experts. In all these observations we draw attention, among other aspects, to the concern expressed by the Committee at reports of anti-union violence, including physical aggression and murders, and the lack of punishment of those responsible.

In 2019, a direct contacts mission visited the country. The objective of the mission was to observe in situ the situation of freedom of association in Honduras. Led by Dr Rolando Murgas, it met employers’ organizations, including the Honduran National Business Council (COHEP), and trade unions, and established various findings, documenting cases of anti-union violence, legal restrictions on the establishment of unions, interference by the authorities in trade union procedures and in the processes of the establishment of organizations, and its recommendations included the creation of a tripartite commission against anti-union violence, the reform of restrictive legislative provisions and what we would later come to re-emphasize, namely the strengthening of social dialogue.

Even though progress was made initially, including the establishment of MEPCOIT, there was no sustained follow-up. The relaunching of the Committee, in May 2025, has not yet produced tangible results by the Office of the Public Prosecutor or the judicial authorities.

The COMCOVIA was also established, with its office being set up later on 19 September. Between 2020 and 2024, the Committee of Experts has reiterated its annual observations on the application of the Convention and the need to make progress on certain points, and to reactivate the MEPCOIT and ensure its continuous functioning, which has not been the case up to now, as well as the need to take immediate and sustained action to address the persistence of anti-union violence, including in the most serious cases of murders on which the investigations have not yet been completed and definitive information is not available on those responsible and their motives.

The effective activation of the COMCOVIA is required, with the commitment of all the competent authorities, the development of a protocol for specialized investigation to allow the Office of the Public Prosecutor to address anti-union motives more effectively. These cases need to be given priority in the criminal courts, with appropriate and detailed information being provided on progress in the investigations and criminal prosecutions, and the reforms that are needed to the Labour Code.

The Convention is a fundamental instrument and is one of the ILO’s ten fundamental Conventions. This on its own offers an indication of the gravity of any incompliance by governments that have ratified the Convention. Adopted in 1948, it was ratified by Honduras on 27 June 1956, which means that the Government of Honduras is subject to all the obligations deriving from the Convention.

This instrument recognizes freedom of association as an essential pillar of the democratic system and the model of industrial relations based on social dialogue. The rights to freedom of organization, collective bargaining and to participate in the formulation of labour policies are fundamental for employment stability, economic growth and, in particular, social peace. This fundamental Convention lays down the right of workers and employers to establish and join organizations of their own choosing without previous authorization. This right is guaranteed without any distinction, and interference by the public authorities is prohibited in respect of both workers and employers.

This allows for the establishment of free and independent organizations of employers and workers, which are vital to represent appropriately and legitimately the interests of the social partners through social dialogue bodies.

Legitimate and responsible unions promote harmonious industrial relations and effective mechanisms for the resolution of collective disputes. The content of the Convention includes the broader concept of freedom of association. In this regard, I would like to refer to paragraph 1 of the Compilation of Decisions of the Committee on Freedom of Association which, among other matters, sets out the function of the ILO in this respect by indicating that its role “in regard to freedom of association and the protection of the individual is to contribute to the effectiveness of the general principles of freedom of association, as one of the primary safeguards of peace and social justice”.

In accordance with the values set out here, in fulfilling its responsibilities in this regard, the Organization must not flinch from discussion at the international level of cases that are such a nature that they may substantially affect the achievement of the purposes and objectives of the ILO, as set out in its Constitution, the Declaration of Philadelphia and the various Conventions on freedom of association.

The observation of the Committee of Experts adopted in 2024 and published in 2025 note the observations made by the COHEP and the International Trade Union Confederation (ITUC) on the reports relating to the Convention, and it is to its merit that the Committee of Experts has made comments this year and that, on the basis of these comments, our Committee has been able to select, as it has done, the case of Honduras for examination this year.

And it is understood that there are various aspects involved, many of which have already been referred to, including those relating to trade union rights and public freedoms, and those that fundamentally affect the life of persons, including the murders referred to above.

The Employer members wish to make it clear once again that they deplore the occurrence of murders of trade union leaders, and they are very concerned that many of them are still not resolved, even though much time has passed, which makes this a serious and urgent case. Employers have always been opposed to anti-union violence, in relation to both union leaders and employers.

With reference to the establishment and freedom of action of trade unions, the Committee of Experts also makes comments on the conformity with the Convention and calls for the modification of a series of provisions of the Labour Code, such as the provision which excludes agricultural and stock-raising enterprises that do not permanently employ more than ten workers, the prohibition of more than one trade union in a single enterprise, the requirement for at least 30 workers to establish a trade union, the requirement that officers of trade unions must be of Honduran nationality, the prohibition of strikes called by federations and confederations, the requirement of a two-thirds majority of the votes of the total membership of the trade union to call a strike and the authority of the competent minister to end disputes in the oil industry services This adds up to a whole series of provisions of the Labour Code.

The Employers understand that it is necessary to amend these provisions, and that a formal proposal is required from the Government. It is important to go back to the agreements achieved years ago on these aspects, and the Employers insist that any reform must be undertaken within a tripartite framework with ILO assistance.

Honduras has been the subject of continuous monitoring by the supervisory bodies in recent years in view of the failure to comply with the Convention. This case must be considered urgent and serious as murders of trade union leaders have occurred, and in many cases the investigations have not been completed and due information has not been provided to the Committee of Experts nor, which is worse, to the social partners in the country. Structural differences also exist in the effect given to the Convention and we will refer in our conclusions to the measures that we intend to suggest to the Government so that it can overcome this situation and bring its law and practice into line with the Convention.

Worker member, Honduras – We wish to affirm that Honduras is moving steadily towards the reconstruction of its institutional framework, after over a decade of setbacks marked by violence, impunity and precarity.

The coup d’état of 2009, instigated by the most conservative economic and political groups in Honduras, created a climate of impunity and defencelessness, in which human rights defenders, including trade unionists, suffered multiple and serious violations of their rights – a situation witnessed by the interntional community. These circumstances had a serious impact on freedom to exercise the right to organize and to protest, resulting in various forms of anti-union violence, from cases of criminalization and illegal detention to the kidnapping and murder of our collegues. It is clear that, for many years, the progress that we had achieved in terms of labour and social dialogue was stalled by this situation.

After 12 years of continued coup policies and the establishment of a narco-state, Xiomara Castro became the first female President of Honduras. During her term in office, various regulations and practices that had increased precarity in employment began to be reversed, and social dialogue and tripartism, which had been all but eliminated, were revived. As a result, trade unionism is gradually growing and becoming stronger, under democratic conditions and with respect for the institutional framework.

We recognize the political will that exists precisely in order to strengthen the institutional framework on labour matters, such as through the establishment of new regional labour offices in historically overlooked municipalities, providing more and better trained staff, by building their technical capacity, mediated by timely collective bargaining, without the usual delays of the past.

We express our satisfaction at the reactivation of COMCOVIA, a tripartite forum in which representatives of the three workers’ confederations participate. For the first time in the history of Honduras, and under the leadership of the Ministry of Labour and Social Security, we have brought together public organizations and institutions with the sole purpose of addressing the impunity that exists in most of the cases of violence that occurred during the dictatorship, and of protecting the work of trade unionists and labour activists who, in their defence of workers’ rights, are persecuted by groups that hold economic power in the country.

For the first time, human rights authorities, the Office of the Public Prosecutor (the Attorney General), the Supreme Court of Justice, and the National Police (Ministry of Security) worked together with the Ministry of Labour and Social Security, the trade union movement and organized employers, to address the violence that we face as unionized workers. These efforts led to the signing of an inter-institutional agreement between the Ministry of Labour and Social Security and the Office of the Public Prosecutor, which seeks to strengthen the criminal prosecution of offences against trade unionists. This began with the design of a special protocol for the investigation of crimes against trade unionists, which trade unions had been requesting for years, and which we hope will contribute to reducing impunity and to identifying not only the perpetrators but also the instigators of these crimes.

Concerning the comments made on the Labour Code reforms, we emphasize that currently in the National Congress there are no conditions for discussing amendments to the Labour Code, as, in our experience, this would lead to a reduction in labour rights and would even hamper the progress that trade unions have achieved. The ILO direct contacts mission, sent at the request of the Honduran trade union movement in 2019 and later in 2022, recognized the validity of our concerns, which were addressed, and in relation to which we, as the trade union movement, have adopted a unified and unwavering position.

We reiterate respectfully but firmly that any reform of the Labour Code must be agreed with the workers, as we consider that there are proposed amendments that would affect workers’ rights, thereby breaching the spirit of progress regarding human rights and opening the door to potential conflict in terms of the organization of trade unions, which would weaken the unity that we have been building from the grassroots for many years.

Trade unions continue to resist the attemps by those with economic power to revert back to the government policies that increased precarity in employment. Today, in the National Congress, bills are being put forward that seek to eliminate job stability. These bills have not been approved, despite blackmail by power groups aiming to recover their privileges, at the cost of our rights as workers.

These efforts demonstrate social commitment to the application of the Convention, through strengthening social dialogue, reactivating tripartite forums and adopting specific measures against anti-union violence, in close coordination with the Office of the Public Prosecutor, the judiciary, the workers’ confederations and organized employers.

Honduran trade unions recognize that much remains to be done. But we appreciate that, today, there are new conditions for strengthening the trade union movement, and for protecting those who exercise their right to organize, join trade unions and fight for workers’ rights.

We reaffirm our willingness to continue to defend the principles of freedom of association and social justice, and to build a fairer, more equal country free of fear for workers.

Employer member, Honduras – Firstly, I welcome the information provided by the Government through the Secretary of State for Labour and Social Security. This case was examined in 2018 and 2019 but the Committee of Experts issued multiple comments on a continuous basis between 2018 and 2024, in which it emphasized its concern about the alleged violence and threats against trade union leaders, the lack of effective investigations in the cases filed, and the lack of legislative amendments to the Labour Code to bring it into line with the Convention.

The comments also highlighted the lack of follow-up and enforcement of the tripartite agreement that was signed in May 2019 as a result of the direct contacts mission that year. The agreement sets out a number of commitments for the Government, including time limits and very specific actions, which have not been fulfilled in recent years.

It should be noted that the case of Honduras regarding this Convention is the result of a complaint filed in 2013 by worker representatives, which was supported by the CTH, and which addressed the serious issue of the death of trade union activists and serious violations of the right to freedom of association.

Since this case was first addressed in 2018, the private sector has always condemned any act of violence arising from participation in trade union organizations, regardless of whether they are workers’ or employers’ organizations, and we reiterate this today.

It should be noted that, in 2019, in the context of social dialogue, a tripatite agreement was approved, involving the creation of COMCOVIA, which had a promising start. In the same year, a meeting was held by the most representative social partners from the Office of the Public Prosecutor and the judiciary. However, from 2021 onwards, COMCOVIA was inactive, and no further meetings were held until March 2024, as a result of the Decent Work Country Programme promoted by the ILO. Yet, after this effort to reactive the above Committee, it was not until May 2025 that it reconvened. While the employers applaud this undertaking, it was the result of the Committee of Experts’ report published this year, which must now be followed up. In the words of the Secretary of State, this will be a point of departure for compliance with the Convention as a fundamental Convention.

We underscore that, at the last meeting in May 2025, a public event was held and the rules of procedure of COMCOVIA were approved. The session was attended by the Attorney General and the Presiding Judge of the Criminal Court Chamber of the Supreme Court of Justice.

During that session, the Ministry of Labour signed an inter-institutional agreement with the Office of the Public Prosecutor to expedite and develop protocols for the investigations of the cases filed before this Committee. At the same session, it was also agreed, on a tripartite basis, that representatives of the Ministry of Labour and Social Security would be responsible for the coordination and technical secretariat of COMCOVIA.

At a later session, held by the COMCOVIA, a work plan and schedule of future sessions were presented, establishing that the subsequent meeting would take place on 27 May 2025 with a presentation by the representatives of the Office of the Public Prosecutor and the Supreme Court of Justice on developments in the cases reported in the corresponding complaint. However, this session did not take place.

As employers, we wish to express that it is indispensable for the social partners to be informed of any developments in the cases that have given rise to this case before the ILO. It is vital to determine, first and foremost, whether the deaths of the trade union activists were motivated by their participation in trade union organizations and, through due process, to convict all those who committed these crimes.

We emphasize that COMCOVIA agreed to carry out prevention campaigns against violence and condemning anti-union violence, thereby ensuring the sanctioning of any action that may restrict the exercise of freedom of association by employers and workers. This initiative will cover any acts of violence or campaigns promoted as hate campaigns against employers’ and workers’ organizations. To this end, the corresponding budgetary resources must be allocated; this objective must be achieved.

As Honduran employers, we would like to point out that, since the ILO direct contacts mission in 2019, there has been willingness to agree, on a tripartite basis, on amendments to sections 2, 472, 475, 510 and 541 of the Labour Code, as they are closely related to freedom of association. A need for ILO technical assistance has also been expressed in order to comprehensively review the Labour Code in its entirety and to adapt it to the new reality of work.

We wish to state that, since May 2025, COHEP has chaired the CES, where the change of presidency, which was due to take place in September, occurred in May. We take this opportunity to request the Government and workers to support the work plan approved in the CES, and to incorporate and consider the reactivation of MEPCOIT and Sectoral Committee on Decent Employment, and a work plan for the Law Commission and the working group on international labour standards.

We consider that including Honduras on the list of cases examined by this Committee represents a call for renewed action regarding the agreements that have been reached based on social dialogue, and based on the tripartite agreements that exist in Honduras. It is also a call for respect to be shown to the ILO, for the Government to respect the social partners and guide social dialogue in a respectful manner, with equal treatment for both employers and workers, and to follow up on a case in which we, as employers, stated in 2019 that commitment by all was required to comply with the agreement signed at that time.

As employers, we express our commitment to working towards compliance with agreements on a tripartite basis and to applying the Convention, for which we also require ILO technical assistance.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

The EU and Honduras have established a close relationship based on the Association Agreement between the EU and Central America which includes three main pillars, political dialogue, cooperation and trade. Through this agreement, the EU and Honduras have also committed to effectively implementing the fundamental ILO Conventions.

We remain deeply concerned about the numerous murders of trade unionists. We note the information provided by the Government regarding the status of the investigations and prosecutions for several of those murders. However, several of the investigations and prosecutions are still pending for murders that occurred more than a decade ago. We echo the call of the Committee of Experts that “justice delayed is justice denied” and request prompt action to ensure proper investigations and prosecutions for these serious crimes. We urge the Government and all competent authorities to ensure an adequate and prompt protection for at-risk union members and to ensure that criminal courts prioritize anti-union violence cases. We also call on the Government to continue to report on the progress made in relation to the investigations and prosecutions for all cases of murdered trade unionists.

We welcome the actions taken to date to give effect to the tripartite agreement signed in 2019 after the direct contacts mission, including the recent measures taken for the revival of the COMCOVIA. We acknowledge two important milestones: the approval of the anti-union violence regulations and the signing of the inter-institutional agreement between the Office of the Public Prosecutor and the Ministry of Labour to accelerate the investigation and resolution of anti-union violence cases. We expect the Government to further strengthen the COMCOVIA in order to continue the work of consolidating and reviewing cases of anti-union violence. We also note the Government’s indication that it has signed a collaboration agreement with the three trade union confederations to enhance their technical and operational capacity. We encourage the Government to continue to support trade unions and raise awareness of the right to freedom of association in the country.

To effectively combat anti-union violence in the country, we urge the Government to fully implement the 2019 tripartite agreement, to institutionalize and make effective the participation of the representative trade unions in the National Council for the Protection of Human Rights Defenders and to implement a special investigation protocol for addressing anti-union motives in acts of violence. We also call on the Government to continue to report on all measures taken on these aspects.

On legislative matters, we regret that the Government has still not amended several provisions of the Labour Code to comply with its obligations under the Convention, despite long-standing requests from the Committee of Experts. We strongly encourage the Government and all parties concerned to seek the technical assistance of the Office in order to swiftly resume the activities of MEPCOIT and to enable progress in the implementation of the requested legislative reforms. We emphasize the essential role played by this Committee in the resolution of labour disputes and call for tripartite dialogue to resolve labour issues.

The reform of the Labour Code should also take into account the concerns raised in the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), related to the adequate protection against acts of anti-union discrimination and interference, the right of collective bargaining of public servants not engaged in the administration of the State, and the restrictions for collective bargaining on trade union leave. We also recall that legal provisions prohibiting acts of anti-union discrimination and interference must be accompanied by effective and rapid procedures to ensure their application in practice, including dissuasive sanctions and effective remedial measures.

Finally, we echo the call of the Committee of Experts to the Government to provide information on the impact of certain provisions of the 2020 Penal Code on the exercise of trade union activities and on the consultation process initiated in this respect. We hope to shortly see significant progress in the resolution of the serious violations observed for several years and we encourage the Government to further engage with the ILO to fulfil its obligations under the Convention. We will continue to closely monitor the situation in Honduras and to support the Government in its efforts to comply with ILO Conventions.

Government member, Uruguay – I have the honour to make this statement on behalf of certain members of the group of Latin American and Caribbean countries, namely the Plurinational State of Bolivia, Chile, Colombia, Costa Rica, Cuba, Ecuador, Panama, Paraguay, Uruguay and the Bolivarian Republic of Venezuela. We note and are grateful for the information provided by the Government of Honduras represented by the Minister of Labour and Social Security.

We begin by acknowledging the progress made in relation to the protection of freedom of association and the right to organize in line with the Convention. We welcome the reactivation of the COMCOVIA through the approval of its internal regulations and the adoption of a work plan resulting from a tripartite agreement. Moreover, we note the adoption of the regulations in the CES, which will ensure the functioning of the MEPCOIT in accordance with the recommendations of this Organization.

We also welcome the extension of protection coverage through specialized assistance for trade unions at the national level. We particularly acknowledge the recent signing of the cooperation agreement with the Office of the Public Prosecutor, as well as the efforts to strengthen collaboration with the judiciary in order to reduce rates of impunity. We encourage the Government to continue and deepen these actions.

We take positive note of the efforts aimed at recognizing trade union leaders and the trade union movement as human rights defenders in accordance with the Act on the Protection of Human Rights Defenders, as well as the implementation of protection measures through the corresponding national mechanism.

We take note of the efforts made to strengthen the national legislative framework, including the adoption of the ILO fundamental Conventions and the consideration of labour and criminal law reforms and tripartite consultations in this regard.

We conclude by underlining the importance of ILO technical assistance to support the enormous efforts of the Government of Honduras aimed at strengthening decent work, social justice and tripartite dialogue.

Employer member, Costa Rica – We are addressing a situation that has been monitored continuously by the ILO supervisory bodies, in particular the Committee of Experts and this Committee. Repeated comments in recent years have identified persistent challenges, such as violence against trade union leaders, interference in the activities of organizations, and certain legislative aspects that restrict the full exercise of the right to organize.

As employer representatives, we reaffirm our commitment to respect for the fundamental principles of work and, in particular, to the importance of effective tripartite dialogue. In the case of Honduras, it is positive that the parties have signed agreements, such as the one resulting from the direct contacts mission in 2019, and that forums such as MEPCOIT have been encouraged. Similarly, we appreciate the openness demonstrated by Honduran employers in promoting reforms to sections 472, 475, 510 and 541 of the Labour Code.

However, with the frankness that this tripartite forum calls for, we must point out that the commitments made require continuity and follow-up. Although the recent revival of COMCOVIA is a step that could be a positive contribution, it is concerning that the Office of the Public Prosecutor and the Supreme Court of Justice have yet to present reports on the cases that are the subject of complaints. Transparency in these processes is essential to rebuilding institutional trust.

With full respect for the sovereignty of States, we consider it appropriate to note that this case has once again been taken up by the Committee following a complaint submitted by the workers. We regret that the lack of timely follow-up by the State authorities has prevented these concerns from being addressed through the national social dialogue mechanisms, which are precisely the appropriate forums for resolving such situations.

From the Costa Rican employers’ side, we reiterate that strengthening tripartism is not only an obligation under the Convention but a necessary condition for the development of democracy – a principle we share with our counterpart organization in Honduras, COHEP. Employers’ and workers’ organizations should have genuine conditions in place to operate freely, safely and in a representative manner. In this regard, we urge that efforts be stepped up to give full effect to the Convention in Honduras, through the relevant legislative reforms supported by the employers and timely follow-up of cases by the State.

We make this call based on the conviction that only through mutual respect, cooperation and the strengthening of social dialogue can we build a fairer and more resilient future in our region.

Worker member, Spain – In recent history, Honduras has been afflicted by anti-union violence and high levels of impunity, which for years has resulted in systematic violations of the commitments made under the Convention. It should be recalled that the ITUC global rights index has repeatedly ranked Honduras as one of the countries in which labour rights are not guaranteed, expressly indicating that the State has not prevented certain systematic practices of repression against trade unions.

In this context, it is necessary to acknowledge that this year’s report of the Committee of Experts notes significant progress in combating such violence. For example, the report refers to final convictions, the issuance of arrest warrants in cases of murder, and procedural progress in at least nine additional cases that took place between 2010 and 2020.

Similarly, the reactivation of COMCOVIA, as mentioned earlier in this discussion, constitutes a significant step towards institutional coordination, with meetings held in 2024 attended by the tripartite constituents and representatives of the justice system.

Likewise, the agreement signed with the three trade union confederations – also mentioned – should be acknowledged. It was concluded within the framework of the 2019 tripartite agreement and is aimed at strengthening their technical and operational capacities and raising awareness of trade union rights. The planned continuation of this instrument through 2024 and 2025 is a positive sign of institutional goodwill.

Nevertheless, based on the Committee of Experts’ comments in its report, this progress should be scaled up and consolidated, as emblematic cases persist without updated information, including cases involving the murder of trade union leaders.

I began my statement by referring to the structural context of anti-union violence in Honduras in recent history. Today, we acknowledge the significant progress made in recent years, but we also draw attention to the pending issues that remain to be addressed to eradicate impunity once and for all and to guarantee a safe environment for the exercise of freedom of association.

In this regard, and considering the clear interest expressed by the Employers’ group in relation to this case, we believe that Honduras is presented with a key opportunity. Although it is the State that must ensure compliance with the Conventions, anti-union violence largely persists within the private sector. That is why we trust that the Government will make use of the employers’ expressed concern to promote a firm commitment by employers to eradicate all forms of anti-union repression and violence.

We therefore urge the Government of Honduras to continue to prioritize implementation of the Convention, by providing the necessary resources to justice and protection mechanisms, and by strengthening social dialogue as an essential tool for guaranteeing freedom of association.

Government member, United Kingdom of Great Britain and Northern Ireland – I am speaking on behalf of Canada and my own country, the United Kingdom. We closely follow the human rights situation in Honduras, including the rights and safety of trade unionists. We recognize trade unionists as human rights defenders and underscore the vital importance of protecting their work as a cornerstone of democratic governance, sustainable development and social justice. We continue to monitor closely the cases of killings and attacks against members of the trade union movement.

We welcome the efforts made by the Government of Honduras to advance justice in cases of violence against trade unionists. Based on the information provided by the State to the Committee of Experts, we acknowledge the progress achieved, including the final sentence in the case of Claudia Larissa Brizuela Rodríguez, as well as the convictions issued in the cases of José Ángel Flores, Silmer Dionisio George, Donatilo Jiménez Euceda and Félix Vásquez. We note the issuance of arrest warrants in the cases of Héctor Orlando Martínez Motiño and José Adán Mejía Rodríguez, and the detailed updates provided on the ongoing investigations into nine other murders committed between 2010 and 2020.

However, we remain concerned that several cases, including those of Alma Yaneth Díaz Ortega and Uva Erlinda Castellanos Vigil, are still pending resolution. We encourage the Government of Honduras to continue its efforts to ensure that all remaining investigations and judicial proceedings move forward without delay, to guarantee timely and effective justice for victims and their families, and to reaffirm its commitment to the rule of law and the protection of trade unionists as human rights defenders.

We acknowledge the coordination efforts undertaken by the Government of Honduras to facilitate the meetings of the COMCOVIA held in April and May 2024. However, we encourage the authorities to expedite the appointment of a new Chairperson and to remove any remaining obstacles that may hinder the full and effective reactivation of this vital tripartite dialogue mechanism.

We encourage the Government of Honduras to continue advancing the implementation of the collaboration agreement signed with the three trade union confederations. Strengthening the technical and operational capacity of trade unions and raising awareness of trade union rights and freedoms is essential to ensuring meaningful participation and longterm progress.

We encourage the Government of Honduras to reactivate the technical bodies responsible for discussing much-needed reforms to the Labour Code, which are essential to ensuring that trade union activity is more accessible and aligned with international labour standards.

We welcome the continued efforts of the Government of Honduras to implement the recommendations of this report and to uphold its commitments to the groups concerned. We sincerely hope that further decisive action will be taken to ensure full compliance with the Convention and to guarantee the protection of trade union rights in law and in practice.

Employer member, Guatemala – The Committee of Experts expresses concern in its report regarding the lack of progress in the investigation of cases of violence against trade unionists and the reporting of new cases. It is essential that Honduras step up its efforts to pursue the investigations, punish those responsible and determine whether the motive for the crimes is related to the victims’ trade union activities. They also express concern about the lack of progress on several aspects related to previous comments, particularly the lack of follow-up to the tripartite agreement signed in May 2019 following a direct contacts mission, which establishes a number of commitments for the State of Honduras, such as the establishment of the COMCOVIA, which has not functioned regularly since 2021. Lastly, it expresses concern regarding the lack of alignment of certain provisions of the Labour Code with the Convention, a matter that falls within the scope of the CES through its technical bodies, which have seen very little activity in recent years.

The common denominator of the difficulties would appear to be the Government’s lack of willingness to engage in tripartite consultations through the bodies that have been established for this purpose for years, including as a result of ILO supervisory mechanisms. We therefore call on the Government to convene, regularly, systematically and in good faith, the national social dialogue bodies, where the Honduran social partners should seek solutions to the challenges raised, including reforms to ordinary legislation in accordance with their reality and needs.

Worker member, Brazil – As I take the floor, I am pleased to be able to reflect on a case of progress regarding observance of the Convention: a case that reflects the importance of political will and a democratic climate in which social dialogue can take place; and an example of the ability to transform reality through commitment to international labour standards and technical support from the ILO.

Indeed, after more than ten years of authoritarian and violent governance in the country, the first woman President of Honduras, Xiomara Castro, took office in January 2022. During her term, various regulations and practices that were making employment precarious have begun to be reversed, and social dialogue and tripartism, which had been almost eliminated, have been revived. In addition to reviving intersectoral dialogue forums, such as the CES and COMCOVIA, she has presented her decent work programme for the 2024–27 period, highlighting the priorities agreed upon by the tripartite constituents of the ILO.

Thus, under democratic conditions and in respect for institutions, trade unionism in Honduras is growing again, focusing on trade union action rather than merely surviving and defending itself.

In this regard, it is important to recognize the Government’s efforts to strengthen the Ministry of Labour and Social Security. New channels of work were created by setting up regional offices in historically neglected municipalities; labour inspection was improved, not only through a quantitative increase in personnel but also through an increase in technical capacities; the tasks of documenting new trade unions and employers’ organizations and mediating collective negotiations were intensified, thus avoiding the delays to which the trade unions had become accustomed.

I would also highlight the reactivation of COMCOVIA as a tripartite forum which, under the leadership of the Ministry of Labour and Social Security, brings together public organizations and institutions with the aim of counteracting the impunity that exists in most cases of violence committed during the dictatorship and also of protecting the work of trade unionists and labour activists who suffer persecution on account of their work in defence of human rights.

Within this framework, an institutional agreement was signed between the Ministry of Labour and Social Security and the Public Prosecutor’s Office with the aim of strengthening the criminal prosecution of crimes against trade unionists, which includes the creation of a special protocol for investigating crimes of anti-union violence.

It is therefore clear that the arrival of the Government of President Xiomara Castro is enabling the gradual creation of measures and strategies to ensure trade union freedom and also to improve the working and living conditions of workers.

Government member, Plurinational State of Bolivia – The Plurinational State of Bolivia welcomes the distinguished delegation of the Government of Honduras and expresses its gratitude for the information presented by the Minister of Labour and Social Security regarding the measures taken to protect freedom of association and the right to organize. We have listened carefully to the information provided and the measures adopted by the Government. Accordingly, the Plurinational State of Bolivia commends the progress that Honduras has made in the application of this Convention, something which is also recognized in the Committee of Experts’ report.

In particular, we would like to highlight its efforts to recognize trade union leaders as human rights defenders. We also welcome the reactivation of the COMCOVIA, among other actions that have already been described, which clearly demonstrate that there is political will on the part of the Government to rebuild its institutions and strengthen its legislation to protect the rights of unionized workers and fight against impunity. We encourage the Government to continue its efforts to implement the Convention.

In addition, we take note of the recommendations made. The Plurinational State of Bolivia considers it important to emphasize that any measures recommended to governments, including legislative reforms, require tripartite consensus and these measures must take this important fact into account.

For the Plurinational State of Bolivia, the protection of unionized workers’ rights is a priority and is guaranteed by our Constitution. Furthermore, we reject all acts of anti-union violence, which is why we consider it of great importance to avoid any kind of politicization of these sensitive issues in our Organization and to support efforts to ensure proper observance of the Convention. We encourage the Committee to continue its work in coordination with the Government and to promote constructive approaches towards all social actors. We consider it of great importance that the recommendations made in our Organization, far from deepening differences, should always promote mutual respect and constructive dialogue.

Employer member, Panama - The Republic of Honduras ratified the Convention on 27 June 1956. Consequently, under article 19(5)(d) of the ILO Constitution, it must adopt the necessary measures to give effect to the provisions of the Convention, in addition to submitting periodic reports on its application and implementation. This case was initiated at the request of the workers’ trade union movement in 2013, and was examined in this house in 2018 and 2019, on the latter occasion in conjunction with a direct contacts mission which took place from 20 to 24 May 2019.

The purpose of the mission was to evaluate the situation of freedom of association in the country and to promote tripartite social dialogue to address the shortcomings identified.

The deaths of 22 people for alleged participation in the trade union movement have not yet been clarified. The employers do not endorse or tolerate violence, regardless of where it comes from or against whom it is directed, because the life and physical integrity of individuals are non-negotiable. Hence we consider that the investigations must be completed and those involved must face trial with judicial independence, guaranteeing them due process, the right of defence and the presumption of innocence, and convicting those responsible, whoever they may be.

With regard to the request for reforms to the labour legislation to bring it into line with the Convention, the employers have no objection to tripartite social dialogue taking place with a view to revising the Labour Code of Honduras to adapt it to new realities. The world has changed and continues to change on account of artificial intelligence, robotics and technology. Countries that fail to adapt to these changes run a serious risk of being left behind.

In this regard, Honduras ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), on 12 June 2012. The Government must therefore launch a tripartite social dialogue body with clear objectives, with the participation of the most representative workers’ and employers’ organizations, to ensure that its objectives are achieved and that social security and social harmony are established in the country.

Worker member, Peru – As indicated by the Committee of Experts, compliance with the Convention requires the Government to make legislative amendments, specifically to the Labour Code and the Criminal Code. We believe that adapting a country’s national legislation to ILO Conventions and Recommendations goes hand in hand with normative coherence to comply with ratified Conventions.

Such action by the State, whether through Parliament or the executive, must be taken in line with the principle of the progressivity of rights, since fundamental labour rights cannot be weakened or limited on the pretext of legislative amendments; legislative reform must therefore be progressive to ensure that rights are protected and improved gradually and sustainably. We request the continuation of the ILO’s support and technical assistance so that the Government may comply with this observation. In that regard, we note that the Honduran workers do not oppose the updating of regulations, but they have highlighted, during the process, signs that the applicability of labour rights may be at risk. Any modernization process must be undertaken with caution, full participation and explicit guarantees of non-regression; for the Honduran workers this is the path to be taken.

We have also noted some progress, referred to here as a point of departure, which we welcome. We in the trade union movement will monitor both the continuation of that progress as well as the implementation of the relevant measures.

In that regard, we note that we have heard the employers agree with lifting the restrictions on freedom of association in Honduran regulations, which we understand will be harnessed in tripartite social dialogue.

The progress that we have noted includes the creation of the Specialized Trade Union Support Office within the General Labour Inspectorate, the digital platform that streamlines the labour administration processes undertaken by trade union organizations and processes linked to the ratification of the Domestic Workers Convention, 2011 (No. 189), the Violence and Harassment Convention, 2019 (No. 190), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). Conventions Nos 155 and 187 were ratified through tripartite consultation within the CES. We hope that the reforms to the Criminal Code are finalized as quickly as possible and that social protest is decriminalized. We therefore request the Government to provide follow-up to its commitments under the Convention.

We also believe that it is important to continue promoting the adoption of the Labour Procedure Code, which is pending in the National Congress, since the Code of Civil Procedure is currently being applied to labour rights matters as a stopgap measure. The Labour Procedure Code must be debated in a tripartite forum, guaranteeing the balance of interests and the effective participation of trade union organizations.

We hope that the Government will continue to demonstrate its commitment to the matters raised by the Committee of Experts, aligning its legislation and practice with the Convention.

Government member, Colombia – In cases such as the one we are addressing today in this Committee, with the appearance of a government like the Government of Honduras, we see how this exchange and dialogue is an opportunity to verify the spirit of collaboration of governments that take seriously compliance with their commitments towards this Organization and the protection of workers’ rights, as we believe is undoubtedly the case with Honduras.

Colombia welcomes the fact that the current Government of Reconstruction, led by President Xiomara Castro and her team, has worked tirelessly to consolidate democracy and institutions by undertaking reforms and implementing policies intended to seek and achieve social justice, decent work and citizen participation.

Honduras is among the progressive governments in our region with which we identify. It has focused its action on implementing social policies intended to abolish the models of exclusion and discrimination that have been dominant in our region; that is why we are here today, in this room, to support this tripartite dialogue. We believe that the efforts that Honduras is describing today will build the foundation for the change for which its citizens have longed, and for which there is a pressing need.

Colombia identifies with the broad and in-depth efforts made by Honduras to combat anti-union violence and ensure respect for freedom of association, for example by reviving and strengthening COMCOVIA through the unanimous adoption of the 2025 work plan.

All progressive governments in our region make enormous effort to obtain approval for reforms, their introduction and their implementation while seeking equality of opportunity, combating inequality and promoting social justice and respect for human rights. In most cases this has not been an easy task.

We know that we are facing political and social dynamics and traditions that would prefer to maintain the dominant economic and social status quo, the rules of the past and the privilege acquired by some. Governments such as the Honduran Government, however, continue to move in the right direction.

Honduras has taken many actions, which have been presented in detail to this Committee. Today it has shown us that it has carried out serious and continuous work to uphold the rights and principles set out in the Convention. Honduras has recognized trade unions as human rights defenders, an unequivocal sign of how a true democracy is built. Colombia supports the efforts of Honduras and will continue to work with it in coordination with the ILO to bring about social justice and combat inequality. We believe that the efforts of Honduras should be considered an example of serious and consistent effort to comply with commitments towards this Organization.

Worker member, Italy – I would like to refer to the comments made by the Committee of Experts regarding a matter of priority: the reactivation of COMCOVIA, a tripartite body whose basic objective is to promote institutional commitment to eradicating violence against trade unions and trade unionists. The Committee on Freedom of Association and the Committee of Experts have set out clear criteria regarding what constitutes anti-union action and also regarding the need for States to adopt effective legal frameworks.

COMCOVIA did not spring up from nowhere. It has its roots in one of the most relevant social dialogue agreements of recent years: the tripartite agreement reached in 2019 motivated by the ILO direct contacts mission to Honduras. In that context, employers, workers and the Government recognized the urgent need to guarantee minimum levels of safety for the full exercise of the right to organize. The agreement therefore constitutes the result of a process of social dialogue undertaken precisely to provide institutional responses to the alarming levels of anti-union violence.

Abandoned institutional structures become weak, and for this body to fulfil its mandate there is a need for ongoing political will, sufficient budgetary allocations and sustained operations.

The recent adoption of the rules of procedure for the reactivation of COMCOVIA represents a key regulatory step since it gives that tripartite body a legal basis that allows it to function systematically and effectively. Its reactivation not only fulfils international commitments assumed by the Honduran State, particularly under the Convention, but also constitutes a concrete measure to address the serious acts of violence that have historically affected the trade union movement.

The Committee of Experts has been categorical: “justice delayed is justice denied”. The cases of trade unionists murdered more than a decade ago, who today remain without justice, are an affront to democracy and a violation of basic rights, giving rise to non-compliance with international obligations. The recent progress made with regard to the functioning of COMCOVIA is therefore positive.

We request that the pending cases are addressed as a matter of utmost priority by the competent Honduran courts, that the Committee is informed of the progress made and that full, real and unhindered access to justice is guaranteed to the victims and their families.

Worker member, Argentina – We wish to reaffirm that social dialogue is not only an essential principle of this Organization, but also a vital tool for advancing towards decent work, social justice and the democratization of the world of work.

For years, Honduras has been faced with adverse circumstances for the exercise of freedom of association, marked by reprisals, persecution and anti-union violence. Therefore, we welcome the treatment of this case in this Committee as an opportunity to follow up and consolidate progress that is beginning to open spaces for institutionalized dialogue.

We recognize the recent efforts of the Government to reactivate tripartite social dialogue mechanisms, such as the CES, MEPCOIT and COMCOVIA. We wish to highlight and support, in particular, the statement of the Committee of Experts in its last comment, in which it emphasizes the essential role that the MEPCOIT must play in the resolution of labour disputes and the importance of it resuming its activities on a regular basis.

We note that, according to official information, on 17 May 2024, the MEPCOIT rules of procedure were adopted in a tripartite manner, within the framework of the CES, and that COHEP has expressed its intention to reactivate all the technical bodies attached to the CES upon taking up the presidency of this Council from October 2024. It came to our attention that, in the first ordinary session of the CES this year, it was agreed to continue the social dialogue.

In this context, we urge that the regular functioning of MEPCOIT be guaranteed within this institutional framework. In this way, we hope that a supported space can be established with verifiable results, and a rigorous approach to the resolution of labour disputes.

It is fundamental to recognize the institutional efforts that have been made, without failing to issue clear and verifiable recommendations that enhance the effective compliance with the Convention. We consider, however, that it is important to intensify the call to the Government to guarantee the stable and effective functioning of the tripartite dialogue space of MEPCOIT.

Social dialogue must be reflected in sustained, institutional practices that are aimed at ensuring freedom of association, collective bargaining and the effective protection of workers.

Government member, Panama – Panama welcomes the efforts made by Honduras to comply with its international obligations under the Convention and trusts that the Honduran authorities, in dialogue with the social partners and with ILO technical support, will continue to strengthen their institutional capacities to make progress in the effective application of labour standards.

We appreciate the meeting of State institutions, workers’ confederations, employers, human rights bodies and the ILO, which successfully reactivated CONCOVIA, with the adoption of consensus-based rules of procedure.

We welcome the establishment of a Specialized Trade Union Support Office, attached to the General Labour Inspectorate, operating in various cities in the country.

In the Council of Labour Ministers of Central America and the Dominican Republic, Honduras referred to its progress in the ratification of other international Conventions and its efforts to implement the Convention, thereby extending its overall commitment to fundamental labour rights.

We are aware of the progress made and we know that there are challenges to overcome every day. We believe that Honduras, together with ILO technical support, can work to build a safer environment for workers and businesses in Honduras.

Panama expresses its support for this process undertaken by Honduras and urges for the current efforts to be recognized.

Government representative – I appreciate all the observations, comments, concerns and recognition expressed by all the speakers before me. I also appreciate the employers’ concern about compliance with the Covention in Honduras.

We believe, with regard to the proposed reforms to the Labour Code, that we have taken the first step in convening the workers’ representatives, which in Honduras is through the three workers’ confederations, the CGT, CTH and CUT, for an open dialogue in which they can express their position in relation to the recommendations for reforms to the Labour Code.

In this regard, and in line with the information provided to the Committee, since 2019 the three confederations have expressed their position of reservation to the reforms. They consider that, especially during this political period the country is facing, introducing reforms to the Labour Code entails a risk that would be to the detriment of their labour rights, especially due to the expressed political will to return to the hourly contract model for workers, which in 2022 was overturned. That is to say that the law on hiring by the hour was repealed. There is new political will to return to a regressive hiring model relating to labour rights, particularly regressive for the protection of the right to organize.

A temporary hourly worker cannot exercise the right to freedom of association and therefore the confederations have maintained that this is not the right time for this change. We nevertheless continue to express our willingness to engage in tripartite dialogue to determine the necessary legislative reforms to comply with the Convention.

Turning to the sad and regrettable cases in which workers’ lives lives were taken because of their union activity – their political activity – we express our commitment to, in the future, take certain action to compensate and investigate in order to fight impunity. However, we point out that during this period there has been a total reduction of these cases, as reflected in the report. Most of these cases concern the period of the narco-dictatorship regime the country experienced, which we have left behind and which for workers gave rise to the situations that we have discussed today in this room.

We believe that the position expressed by the Secretary of Human Rights in the country is tangible historical progress. It was expressed in two ways: officially, stating the interpretation of the application of the Act on the Protection of Human Rights Defenders and, on the other hand, by applying the protection measures to trade union members who demanded it. This is a historic breakthrough in relation to the recommendations given for the application of the protection mechanism for trade union members.

The agreements signed between the Secretariat of Labour and the Office of the Public Prosecutor, as well as the agreement being prepared between the Supreme Court of Justice and the Secretariat of Labour reflect the commitment of these institutions of the executive authorities, and a constitutional body. This has been possible only due to the change of the authorities on these bodies. Hence, this year, the new office holders of the Office of the Public Prosecutor through the Attorney-General have shown the determination of the authorities through their presence:

First, the recognition that there has been anti-union violence in the country.

Second, a commitment to investigate, through the specialized support and the prosecution of offences, cases of violence due to the exercise of the right to organize.

Regarding the Supreme Court of Justice, we are preparing and designing an institutional mechanism to specifically address cases that have been prosecuted or will be prosecuted, so that these cases are not affected by delays in the justice system and we see prompt judicial responses to cases of anti-union violence. But the right to organize – its freedom and protection – involves, along with these timely and necessary recommendations, commitment and conviction in the democratic role played by the trade union movement in our country.

For this reason, the Secretary of State, Labour and Social Security, has promoted a programme for the modernization of labour relations, one part of which addresses the digital modernization of access to labour administrative justice, but also access to the institutions that protect and regulate union organization. We took the decision to digitalize the establishment of a trade union’s legal status, changes to its board of directors, and the registration of its collective agreement, which in the past has been slow or, or in the case of the establishment of unions, hampered. Today, all this has been eliminated. This is an iron-clad commitment towards the democratic organization of society, of which trade unions are an expression. This digitalization implies prompt access without delays, and above all is a way of exercising freedom to organize without prior authorization. That is to say, it is possible to organize from anywhere. There is no need to travel to the capital and no cost to the union. We have also promoted a modern digitalization programme for processes relevant to employers, including the digitalization of internal work regulations and of requests for attestations from the General Labour Inspectorate; and we have eliminated the backlogs relating to internal work regulations. Further, where in the past there were deadly events, today the social policy of President Xiomara has equipped these localities with state offices which must protect the rights we are discussing today, because it is also an act of violence to refuse access to workers or to any person wishing to organize to a state institution, and to have no presence of such an institution in places where the majority of the population is working, particularly in industrial sectors.

Hence there are plans to open offices of the Ministry of Labour aimed at protecting all labour rights, and ultimately at harmonizing the relationship between capital and labour, where disputes in the workplace can be aired under the protection of the Constitution of the Republic, the Labour Code, the ILO Conventions, in the offices of the Ministry of Labour.

We believe in tripartite dialogue and it is tripartite dialogue that has enabled us to advance in Honduras.

We wish to highlight the adoption, in the CES, of Conventions Nos 189 and 190. We have already begun work in the technical working groups for the preparation of views in the working group on international labour standards on fundamental Conventions such as Conventions Nos 155 and 187.

We have been respectful and followed procedures. We believe that this is also the path of consultation our democracy needs, and that the three parties must come to an agreement, keeping in mind the country, and harmony among the three parties.

We have also signed the decent work programme, in a tripartite manner, which had not been in force since 2015. The programme gives the three parties direction as to the path to follow to protect work, generate employment in the country and ensure agreement in the institutional channels. It also encourages workers’ job stability, and this guarantee of stability also gives rise to a guarantee of unionization.

We are grateful for the recommendations provided, agree with them and consider technical assistance to be timely to continue moving forward. As I have said, it is not a point of arrival but a point of departure. It is fundamental in this institutional expansion being carried out in the Ministry of Labour to have assistance in training workers in the new Department for the Prevention of Occupational Hazards under the General Labour Inspectorate in order to protect and guarantee the rights of workers and employers. We believe that the simple fact of having this dialogue strengthens our tripartite relations, the communication channel and the way in which we advance in Honduras towards decent work, with respect for the international Conventions and, particularly in this case, guides us in upholding the Convention.

Employer members – I have the impression that there is consensus in this room that the Government is demonstrating willingness to begin along the path to alignment with the Convention, and that as the social partners we must try to work with the suggestions that the Government could adapt to achieve full alignment with the Convention in law and in practice.

Of course, much work will have to be done to that end, because some of the suggestions made here would not help us to achieve those results. But I am sure that given all the references made to social dialogue, and provided that that social dialogue is effective, undertaken in good faith and involves all parties – because it would seem that social dialogue does not currently involve all parties – that the Government and the social partners will be able to overcome this situation. I am optimistic and the Employer members are sure of this. I want to insist that this is a very important Convention, a fundamental Convention for this Organization, a fundamental Convention for trade union activity, a Convention that transcends the workers and applies to the employers, and I believe that we all must be committed to it.

Moreover, this case emerged initially owing to a complaint from the workers, but beyond that it emerged through reports submitted under this Organization’s normal monitoring procedures in which the social partners of both COHEP and the ITUC made comments on the reality of legislation and practice in Honduras with regard to the Convention. We are therefore optimistic, and we are going to try to adopt a collaborative spirit in this case.

We also wish to emphasize that, for us, what is essential is the subject of anti-union violence in relation to workers, although we may also have to call for action for employers, if necessary, in view of the murders of trade union leaders, many of which have still not been resolved despite the time that has elapsed. I would like to state that the Employer members emphatically reject the insinuations made here that the murders of trade union leaders could be down to the private sector in Honduras. We have said that we believe the matter to be serious and urgent, we have said that we reject any form of violence and, what is more, we base ourselves on what the Secretary of Labour of Honduras has said here, that the cases being investigated, that have not yet been resolved, relate to a period between 2007 and 2017 – I do not remember the years exactly, but years ago – and are linked to matters related to the State or to the Government of the time. So I want to voice that rejection emphatically.

The employer members would like to kindly suggest some measures through which the Government could overcome this situation. First, we would request the Government to adopt specific and rapid measures to ensure that COMCOVIA resumes its meetings permanently and continuously. This is a vital matter: COMCOVIA needs to become an official institution, to have its work programmes and its schedule of meetings, but those activities must be permanent and ongoing and enjoy the full participation of workers and employers, above all without forgetting the budgetary aspects that may be involved.

We would also suggest that the Government implement, as a matter of urgency, the special protocol for investigating the terrible cases of violence and murder that we have mentioned. This needs to be put into practice and produce results quickly.

The Government should also ensure priority treatment for these cases in the criminal courts. The Government has said that it is willing to provide quick and effective protection to trade union members. I would add that this is welcome, particularly if it should be needed for employer representatives; there are episodes that date back more than ten years.

The Government should therefore implement measures swiftly, including budgetary measures, to comply fully with the 2019 agreement. Furthermore, given that there are situations that could give rise to disagreement between the Government, trade unions, employers and the Committee of Experts, the Government should accept the ILO’s technical assistance to reactivate all the technical working groups under the CES. That technical assistance should also serve to strengthen tripartite dialogue, for which there is a vital need in the country, and to give effect to the reforms requested by the Committee of Experts.

In particular, MEPCOIT, which was founded to create a national space that ensures that conflicts do not become drawn out, spiral out of control or go beyond the national level, represents the best forum for parties to resolve those disputes themselves, and that is the appeal that we make.

Furthermore, it is vital that the Government provides information that is as detailed and thorough as possible and reports to the Committee of Experts on the progress made in investigations in the criminal cases so that they may be analysed and processed within the ILO in order to provide guidance for the future. The Secretary said that it was a point of departure, and we are pleased at that, but now we have to break into a bit of a trot, a bit of a gallop, that gets us back on the right track with the Convention as quickly as possible.

We urge the Government to take advantage of the opportunity to demonstrate its specific political will, now and in the future, to comply with the Convention in legislation, with the necessary legislative changes that are required of it, and in practice, because there are many changes that also need to be supported by practice in the country.

The Convention demands that progress be made, I would say immediately, in terms of tripartite dialogue, because that is how we do things in this Organization, and we have to move towards a tripartite dialogue that is genuine, that is undertaken in good faith, and in which all actors involved in labour relations must participate, as well as the Government, of course, with its guides: the workers and the employers. Only in this way do we think that there is a possibility that Honduras may benefit from this situation as described in the complaint and from which we are sure that, with joint work, it will be able to move forward.

Worker members – We have witnessed a profound and constructive exchange of visions and in our view this type of discussion strengthens the standards supervisory system. We therefore give particular thanks to the Government for its participation and the explanations provided, the Employers’ group and our own delegates. We believe that this plurality of views is not an obstacle, but a source of legitimacy for the Committee’s conclusions. Open discussion, based on technical comments, as well as political experience and political decisions, means that this case, as well as others, are not examined in the abstract, but are founded in the context of genuine processes at the current time, which allows us all to have the necessary knowledge to understand the situation.

We are grateful for the intervention by the Minister of Labour of Honduras, which has allowed us to update the information contained in the report of the Committee of Experts, ensure that we are talking about the same thing and that we have before us a case that is evolving, as it has been described. However, we have all seen that, although progress can be noted, many more indicators and signals are required, as we indicated in our opening remarks.

The report of the Committee of Experts, which as usual we value for its technical depth, also notes a series of shortcomings in the application of the Convention that need to be remedied, as well as acts of violence, as described by everyone. With a view to being brief, the fact that it is Saturday, and I am the last to speak, I will try to be specific and note that everyone has referred to these matters and is aware of them.

Nevertheless, as we already noted, the report refers to the opening of tripartite spaces, the adoption of measures to improve the institutional capacity of the Ministry of Labour, coordination with other State institutions in relation to anti-union violence, as a central theme on which we place great emphasis, along with the will to review administrative procedures relating to freedom of association. These are all specific aspects that cannot be overlooked.

But there can be no doubt that important challenges remain, even while we recognize the efforts made. There has been agreement, as just noted by the Employer spokesperson, and it is precisely in such cases, where there is a willingness to make changes, and there is agreement, that the support of the Organization takes on the greatest value.

The Committee of Experts covered all the points that we have raised, and we believe that the conditions exist today to achieve full compliance with the Convention, both for the application of the rights and duties of workers, and those of employers, who also have to allow the full exercise of the freedoms set out in the Convention, as well as the Government, which is the reference for the measures that have to be taken and will need to continue taking the necessary action and providing information to the Committee of Experts.

We do not therefore wish to delay the process, but hope to support the commitment shown by continuing to promote inclusive tripartite procedures with a view to the adoption of legitimate reforms on a participatory basis, in line with the recommendations made in this case.

As workers, we are often told that political institutions are not the places to discuss legal provisions, but I believe that the arguments put forward to quell discussion are risky. We therefore call for reform based on dialogue and hope that it can be achieved.

We request the Committee to recognize the progress made, the processes that are leading to progress, but also to point out the issues that are pending and to urge the Office to continue providing technical assistance, which must not be seen as a secondary tool, but as an essential part of the supervisory system.

We will continue to follow the case and we encourage the Government of Honduras to consolidate the progress achieved, accept further technical cooperation and, in particular, to work with the social partners to develop a clear road map with time schedules, objectives and `regular evaluation, and which is based, as we said in our opening remarks, on the recommendations of the Committee of Experts, which has been clear in its conclusions, so that we can follow the road map.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government and the discussion that followed.

The Committee expressed deep concern over the murders of union leaders and the delayed investigations and prosecutions thereof. The Committee also expressed the need for urgent action to strengthen institutional social dialogue. The Committee considered this case urgent and serious.

Taking the discussion into account, the Committee urged the Government, in consultation with the social partners, to:

• ensure the implementation of the Convention in law and practice through social dialogue free from violence and intimidation; strengthen social dialogue, including the machinery for consultations with workers’ and employers’ organizations, by ensuring their independence and autonomy in law and practice;
• initiate legislative measures and reforms to the Labour Law Code, in full consultation with the most representative employers’ and workers’ organizations, considering the recommendations of the ILO supervisory bodies, to guarantee the full compliance of national law and practice with the Convention and to provide budgetary support;
• reactivate the Economic and Social Council and its technical committees and ensure there is adequate financial support and budgetary allocation;
• institutionalize and make effective the participation of the most representative worker’s and employer’s organization in the National Council for the Protection of Human Rights Defenders;
• ensure that the Conflict Prevention Mechanism before the ILO (MEPCOIT) resumes its activities regularly;
• ensure that the Committee on Anti-Union Violence can perform its role and conduct, without delay, independent investigations and proceedings against perpetrators of criminal acts against trade union leaders and provide up to date information on the number of investigations, prosecutions, convictions and penalties imposed to the Committee of Experts.

The Committee urged the Government to avail itself, without delay, of technical assistance from the Office to ensure compliance with the Convention in law and practice.

The Committee requested the Government to submit a detailed report to the Committee of Experts with information on the application of the Convention in law and practice by 1 September 2025.

Chairperson – I have the honour of giving the floor to the distinguished representative of the Government of Honduras.

Another Government representative – Honduras reiterates its firm commitment to promoting decent work and the protection of labour rights in light of the Convention.

We note the observations of the Committee on the discussion of our case, which will be examined carefully in light of our national situation and in accordance with the reforms that have already started to be implemented under the leadership of President Iris Xiomara Castro. The Government of Honduras reiterates its condemnation of any form of anti-union violence and reaffirms its determination to combat impunity so as to guarantee the right to freedom of association and the effective protection of those who are active in the defence of labour rights.

Honduras notes the recommendations relating to the National Council for the Protection of Human Rights Defenders. In this regard, we reiterate that it has rules and an institutional structure that allows it to not only recognize union leaders as human rights defenders, but also to guarantee access to protection measures, thereby closing gaps in the protection of human rights.

With reference to the reform of the Labour Code, we will continue to work in coordination with workers and employers to carry out the necessary reforms to guarantee the protection of freedom of association and the right to organize in Honduras. Nevertheless, we wish to recall that, as indicated in the Committee and in the information shared previously, the Government considers it fundamental to achieve tripartite agreement on the legislative reforms recommended by the Committee. Honduras is committed to carrying out exhaustive consultations which give the best possible guarantees that our national legislation is viewed favourably by all the partners engaged in tripartite consultations.

Finally, we reiterate the importance of the technical assistance provided by the Office with a view to continuing to move forward towards the protection of the rights of the workers of Honduras, and we emphasize the importance for this Committee to confine itself strictly to objectives and impartial criteria that faithfully reflect the issues discussed in the Committee and the information that we have provided over the course of time. Honduras is prepared to continue working with the Organization and with workers’ and employers’ organizations on the basic issues in this case, which are the murders of trade union leaders when engaged in the defence of labour, civil and political rights. We express our full commitment and determination and our gratitude for any support in the form of technical assistance that can be provided by the Office and friendly countries.