Interim Report - Report No 194, June 1979

Case No 929 (Honduras) - Complaint date: 14-MAR-79 - Closed

1. 375. By communications dated 14 and 30 March and 10 April 1979 respectively, the Latin American Central of Workers (CLAT), the World Confederation of Labour (WCL), and the International Confederation of Free Trade Unions (ICFTU) presented allegations of violations of trade union rights in Honduras. The ICFTU supplied additional information in support of its complaint on 12 April 1979. On its part, the WCL sent a new communication to the ILO on 19 April 1979. The Government made its observations in communications dated 16 April and 4 and 8 May 1979.
2. 376. 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. 377. The complainants refer to events which took place on 6 March 1979 in the Bemis Handal textile plant in the town of San Pedro Sula. They explain that the workers in that undertaking had submitted petitions of demands to the management and that the latter had reacted in an equivocal manner and finally refused to bargain. Faced with this refusal, the workers went on strike and occupied the plant on 6 March declaring that they would not leave until the management agreed to negotiate.
2. 378. The complainants add that in order to remove the occupiers the authorities acted brutally by having the public security forces intervene as well as the National Department of Investigations who used weapons and tear gas which, according to the ICFTU, caused the burning down of the factory. The WCL and the ICFTU point out that the authorities have tried to attribute the responsibility for the fire to the trade union leaders and their organisations.
3. 379. The CLAT and the WCL indicate that the intervention by the authorities brought about, the death of four workers. According to the ICFTU three workers were killed. A large number of workers were wounded and over 100 were arrested. In noting these events, the ICFTU mentions a statement by the "Chief of the Homicide Division" of the National Department of Investigations, according to which an inquiry was under way to discover whether the fire had been caused by people outside the workers' organisation. Moreover, the Vice-Chancellor of the Autonomous National University of Honduras is said to have stated that there could have been a mistake regarding this matter.
4. 380. In its communication of 19 April 1979, the WCL gives a list of 40 workers, members of the National Peasants' Union, who are said to be detained in various prisons in the country.
5. 381. In its communication of 16 April 1979, the Government states that the fire in the Bemis Handal undertaking was no accident. It had been intentionally caused with a view to completely destroying this work centre. The authorities therefore immediately undertook investigations to find the authors of the arson and bring them to trial in order to determine their participation in the matter.
6. 382. The Government explains that on 5 June 1978, when the collective agreement, signed for a duration of three years, had been in force for a year and a half, the workers' union in the Bemis Handal undertaking presented demands to the management for a revision of salaries. On 19 June 1978, the undertaking responded by pointing out that changes in salaries were provided for in the collective agreement. On 22 September 1978, the union leadership approached the General Inspection of Labour denouncing the violation of many clauses in the collective agreement. Despite a thorough investigation by the labour inspectors, the existence of the alleged infringements could not be established.
7. 383. On 12 February 1979, representatives of the undertaking and the trade union met at San Pedro Sula in the presence of the Regional Labour Director to discuss the points at issue. According to the Government, there was apparently a willingness to arrive at a long-term agreement. Thus 12 of the 13 points raised in the petition were resolved, leaving only one outstanding.
8. 384. However, the Government adds, on 6 March 1979 the union set in motion a work stoppage with occupation of the plant which made any activity impossible. The Regional Labour Director met with the trade union leaders in an effort to resolve the dispute, and then with the legal representative of the undertaking, with whom he discussed the different points at issue. However, all these efforts were in vain since the said government official personally witnessed the acts of violence carried out by the workers, which finally resulted in the fire totally destroying the workplace.
9. 385. Police investigations carried out to discover those responsible led to the arrest of 111 persons suspected of having some responsibility in the fire. Amongst these persons were workers from the factory and from other workplaces, as well as some people arrested on the spot without being able to justify their presence inside the factory. These arrests were carried out in the course of the judicial inquiry on the case and no account was taken of the eventual trade union affiliation of those concerned.
10. 386. As the police inquiry and judicial proceedings progressed, 100 persons were released because there was no reason for prolonging their detention. The 11 persons still in detention are at the disposal of the criminal judge.
11. 387. The Government refers to statements by trade union leaders and organisations on the events in the Bemis Handal undertaking of which one, made by the Authentic Trade Onion Federation of Honduras, of the Christian-Democrat tendency, states that people from outside the trade union movement had penetrated different organisations with a view to creating a climate of insecurity for the workers and, therefore for the people of Honduras.
12. 388. Annexed to its letter, the Government communicates several press clippings as well as the Regional Labour Director's report on the events in question.
13. 389. In its communications of 4 and 8 May 1979, the Government states that when the fire was started in the factory, the latter was entirely under the workers' control since they had shut all the access doors and prevented the labour authorities, the police and the management from entering. Regarding the allegations on the death of four workers, the Government states that during the first inquiries on the spot the body of a male person was discovered, who was identified as a worker in the undertaking and who bore a bullet wound from a .22 caliber weapon, i.e. a caliber which is never used by the public security forces. These investigations did not allow the discovery of other bodies, nor did they prove the existence of wounded workers. The Government states that the judicial proceedings under way cover both the fire at the factory and the death of the worker in question.

B. B. The Committee's conclusions

1. 390. The Committee notes that the allegations mainly concern the events that took place in March 1979 at the Bemis Handal undertaking. These events took place during a strike action started by the workers which involved occupation of the premises. Then the police force intervened to evacuate the factory and at this point serious incidents broke out which led to the burning down of the factory, the death of a worker and the arrest of 111 persons.
2. 391. The Committee must point out that the information supplied by the complainants and by the Government on the origins of the dispute and the run of events are largely contradictory. According to the complainants, the employer refused to negotiate with the workers and the destruction of the factory was caused by the intervention of the police. On the other hand, according to the Government, the labour dispute was the object of negotiations with the participation of the labour inspection and the fire was brought on by the acts of violence of the workers and of those people foreign to the undertaking who were on the premises.
3. 392. Faced with these two contradictory versions, the Committee cannot at this stage come to any conclusions in full knowledge of the facts. Nevertheless, it must express its concern over the seriousness of events that took place after the intervention of the police. The Committee deplores the death of a worker, confirmed by the Government. It notes that the inquiries/ carried out concern the origin of the fire that took place in the factory and the circumstances of the death of the worker. So as to be able to formulate its Conclusions on this aspect of the case, the Committee would like to have at its disposal the results of the inquiry carried out on this death.
4. 393. The Committee notes that the judicial proceedings undertaken by the authorities have resulted in the continuing detention of 11 out of 111 arrested persons. From the Government's observations it appears that these 11 persons are going to be tried. The Committee considers that, in the present case, it would be particularly useful for it to have at its disposal information on the outcome of the judicial action undertaken and, in particular, the texts of the judgements handed down and the reasons adduced therefor.
5. 394. Finally, the Committee notes that the Government has not yet sent its observations concerning the list of agricultural trade unionists who, according to the WCL, have been detained.

The Committee's recommendations

1. 395. In these circumstances, the Committee recommends the Governing Body:
   • (a) to express its concern about the serious events which took place after the intervention of the police at the Bemis Handal undertaking;
   • (b) to request the Government to supply information on the results of the inquiry into the death of one worker;
   • (c) to note that the 11 people still detained appear to be subject to trial, to request the Government to supply information on the result of the judicial proceedings undertaken and, in particular, the texts of the judgements and the reasons adduced therefor;
   • (d) to also request the Government to transmit its observations about the agricultural trade unionists who, according to the WCL, are detained;
   • (e) to take note of this interim report.
     • Geneva, 30 May 1979 (signed) Roberto AGO, Chairman.