Interim Report - Report No 194, June 1979

Case No 896 (Honduras) - Complaint date: 03-NOV-77 - Closed

1. 228. The Committee has already examined this case at its February 1979 Session, when it presented an interim report to the Governing Body. Since then, two communications have been received from the Government, one dated 11 January 1979 (received on 3 May 1979) and the other dated 22 March 1979.
2. 229. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 230. The allegations related, first of all, to the arrest of Pedro Antonio Brizuela, a trade union leader from San Pedro Sula, who was an active trade unionist belonging to the group of unions known as "dissidents" and adviser to a large number of unions in the region. He thus had connections with the Union of Workers in the National Construction Industry and the Union of Workers in the Drink and Related Industries. The complainants stated that they were convinced that the person concerned was being harassed, at the instigation of the employers, by minor officials because of his trade union views. He was charged with conspiring against the Government, which, according to the complainants, was an entirely unjustified accusation.
2. 231. The allegations also concern events that occurred in the Sula dairies: according to the complainant organisation, the management dismissed the members of the union's executive and contrived, in the course of a manipulated meeting, to secure the appointment of a new executive, made up of persons whom the employer had won over.
3. 232. No communication had been received from the Government at the time when the case was examined by the Committee at its February 1979 session. In these circumstances, the Governing Body decided, on the recommendation of the Committee:
   • (a) to regret that, in the absence of any reply from the Government, the Committee was unable to examine the views of the Government on this matter;
   • (b) to draw the Government's attention to various principles and considerations with regard to the detention of trade unionists and protection against anti-trade union practices;
   • (c) to urge the Government to communicate its observations in the near future on the various points raised in the complaint.
4. 233. In its communication of 11 January 1979 received on 3 May 1979 the Government states that for the purpose of investigating political movements whose activities were prejudicial to the security of the State, the trade union leader Pedro Brizuela was arrested on 27 October 1977 and released a few hours later. The Government states that the arrest was motivated by purely political considerations which were unconnected with labour problems. The Government stresses that at all times Mr. Brizuela had enjoyed complete freedom to carry out his trade union activities.
5. 234. The Government attaches some press cuttings to its communication of 22 March 1979, one of which concerns the arrest of Pedro Brizuela.

B. B. The Committee's conclusions

1. 235. The Committee notes the information supplied by the Government, in particular the statement that the trade union leader Pedro Brizuela was released a few hours after his arrest. The Committee must, however, note that the Government attributes the arrest to political grounds without specifying the facts imputable to the person concerned. In this connection, the Committee wishes to point out that the detention of trade unionists concerning whom no grounds for conviction are subsequently found is liable to involve restrictions on trade union rights, and that governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger of detention for trade union activities.
2. 236. Finally, the Committee notes that the Government has not sent observations regarding the allegations relating to the dismissal of the members of the executive of the trade union of the Sula dairies and the election of a new executive. The Committee observes that the Labour Code of Honduras contains certain provisions which prohibit the unjustified dismissal of trade union leaders but it considers that it is necessary for it to have at its disposal the observations of the Government on these allegations in order to be able to examine them with full knowledge of the facts.

The Committee's recommendations

1. 237. In these circumstances, the Committee recommends the Governing Body:
   • (a) to note that Pedro Brizuela was released shortly after his arrest but to draw the attention of the Government to the principles and considerations set forth in paragraph 235 above regarding the arrest of trade unionists;
   • (b) to request the Government to send its observations regarding the allegations concerning the dismissal of the leaders of the union of the Sula dairies and the election of a new executive;
   • (c) to take note of the present interim report.