Report in which the committee requests to be kept informed of development - Report No 234, June 1984

Case No 1268 (Honduras) - Complaint date: 30-MAR-84 - Closed

1. 372. The complaint is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 30 March 1984. The Government replied in a letter of 30 April 1984.
2. 373. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 374. The complainant alleges that Rolando Vindel, General Secretary of the Union of Workers in the Electricity Undertaking, disappeared on 18 March 1984 when he was taking part in a collective bargaining meeting.
2. 375. The complainant also alleges that hundreds of workers from the Electricity Undertaking are under arrest for having exercised their right to strike.
3. 376. The complainant states that it fears for the safety of Mr. Vindel and of the arrested workers.

B. The Government's reply

1. 377. As regards the disappearance of Mr. Rolando Vindel, the Government encloses a document dated 21 March 1984 in which the General Command of the Public Security Forces states that none of its units has arrested or detained Rolando Vindel González, and that the Public Security Forces are doing all they can to ascertain his whereabouts and to bring those responsible for the offence before the courts.
2. 378. The Government also states that two writs of habeas corpus f have been lodged with the courts on behalf of Rolando Vindel González (one against an order for his arrest supposedly given. by the National Investigations Director and another against an order for his arrest allegedly issued by the Chief of Military Intelligence G-2) and are being dealt with. The investigations carried out by the judges appointed for this purpose reveal that Mr. Vindel has not been held on the premises of the Military Intelligence Bureau nor in the cells of the National Investigations Directorate. The Chief of Military Intelligence stated that he had no knowledge of Mr. Vindel having been arrested by the authorities.
3. 379. With regard to the arrest of workers of the National Electricity Undertaking (ENEE), the Government states that, at the request of the management of the ENEE, the Public Security Forces arrested a number of members of the union of this undertaking who were subsequently released. The Government encloses a photocopy of the request from the manager of the ENEE to the Commander of the Public Security Forces, dated 21 March 1984, requesting the Security Forces to intervene since on the same day "without having fulfilled the relevant legal requirements and without there being any reason, the workers took over the premises of the undertaking and prevented management and administrative staff from getting on with their work which, from any point of view, was illegal and furthermore constituted an attack on personal safety".

C. The Committee's conclusions

1. 380. With regard to the disappearance on 18 March 1984 of Mr. Rolando Vindel González, General Secretary of the Union of Workers in the Electricity Undertaking, the Committee notes that, according to the Government, as a result of two writs of habeas corpus lodged with the courts, a legal inquiry has been set in motion to ascertain the whereabouts of this trade union leader and that, according to the investigations undertaken, he is not being held in the cells of the National Investigations Directorate.
2. 381. In this connection, the Committee expresses its serious concern at the fact that over two months have already gone by since Mr. Vindel's disappearance without information having been obtained as to the circumstances in which the disappearance took place or as to his state of health and whereabouts. In these circumstances, the Committee wishes to draw the attention of the Government to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed [see, for example, 233rd Report, Case No. 1233 (El Salvador), paragraph 682]. The Committee trusts that the court inquiries under way will make it possible to ascertain the whereabouts of Mr. Vindel, to determine the circumstances of his disappearance and to punish those responsible, and it requests the Government to keep it informed on this matter.
3. 382. With regard to the allegation concerning the arrest of hundreds of workers of the Electricity Undertaking (ENEE) for exercising their right to strike, the Committee notes that, according to the Government, the Public Security Forces arrested only a few members of the union who were subsequently released. The Committee observes that, according to the documents sent by the Government in connection with the reasons for the arrest, the strike had taken place without the legal requirements having been respected and, furthermore, that the workers had taken over the premises of the undertaking, preventing management and administrative staff from having access.
4. 383. In these circumstances, in view of the fact that the persons arrested were released, of the complainant's failure to supply details as to the reasons for the strike, as to compliance with the legal requirements or as to the manner in which the strike took place, the Committee considers that examination of this allegation should not be pursued.

The Committee's recommendations

1. 384. In the circumstances, the Committee recommends the Governing Body to approve the present report and in particular the following conclusions:
   • (a) The Committee expresses its serious concern at the fact that over two months have already elapsed since the disappearance of the trade union leader Rolando Vindel González, without information having been obtained as to the circumstances of his disappearance, his state of health or his whereabouts.
   • (b) The Committee draws the attention of the Government to the fact that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.
   • (c) The Committee trusts that the court inquiries being carried out will make it possible to ascertain the whereabouts of Mr. Vindel, to determine the circumstances of his disappearance and to punish those responsible, and it requests the Government to keep it informed on the matter.