Interim Report - Report No 241, November 1985

Case No 1307 (Honduras) - Complaint date: 27-SEP-84 - Closed

1. 741. The Committee examined this case at its February 1985 meeting when it submitted an interim report to the Governing Body (see 238th Report, paras. 312 to 329, approved by the Governing Body at its 229th Session (February-March 1985)). Subsequently, the Government submitted its observations in a communication dated 29 April 1985.
2. 742. Honduras has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 743. When the Committee examined the case at its February 1985 meeting, two questions remained unresolved. The first of these concerned a decision taken by the judicial authority to suspend the legal personality of the National Power and Electricity Undertaking trade union for six months as a result of the strike held on 19 September 1984. The Committee requested the Government to provide information on this matter.
2. 744. The second question remaining unresolved concerned the disappearance of the trade union leader, Gustavo Morales. The Committee requested the Government to communicate the results of the investigation being carried out by the authorities as a matter of urgency.

B. The Government's reply

1. 745. In its communication of 29 April 1985, the Government states that the decision taken by the judicial authority to suspend for six months the legal personality of the trade union of the National Power and Electricity Undertaking was appealed against in the Labour Appeals Court. The Government communicates the decision of the Appeals Court, dated 26 October 1984, revoking the judicial decision of the tribunal of first instance and reducing the period of suspension of legal personality from six to two months. Consequently, the legal personality of the above-mentioned trade union was restored on 21 November 1984.
2. 746. Regarding the disappearance of the trade union leader, Gustavo Morales, the Government expressed its concern at the situation and stated that it would be in touch with the relevant authority for information on the investigations into the matter.

C. The Committee's conclusions

1. 747. The Committee notes the decision of the Labour Appeals Court of 26 October 1984, whereby the period of suspension of the legal personality of the trade union of the National Power and Electricity Undertaking was reduced from six to two months. Considering that, as a result of this decision, legal personality was restored to this trade union on 21 November 1984, and that the Committee concluded at its February 1985 meeting that the declaration of illegality of the strike held on 17 September 1984 in the National Power and Electricity Undertaking did not infringe the principles of freedom of association because the undertaking in question was providing an essential service in the strict sense of the term (see 238th Report, para. 326), the Committee considers that this aspect of the case does not call for further examination.
2. 748. With respect to the disappearance of the trade union leader, Gustavo Morales, the Committee regrets not having received information on the outcome of the investigation into this matter, and requests the Government to communicate the results of this investigation. The Committee expresses the hope that the direct contacts mission accepted by the Government, and scheduled for January 1986, will be able to obtain information and discuss this question with the authorities.

The Committee's recommendations

1. 749. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • a) the Committee considers that the allegation concerning the suspension of the legal personality of the National Power and Electricity Undertaking trade union does not call for further examination;
   • b) regarding the disappearance of the trade union leader, Gustavo Morales, the Committee regrets not having received information on the outcome of the investigations into this matter and requests the Government to communicate the results of these investigations;
   • c) the Committee expresses the hope that the direct contacts mission accepted by the Government and scheduled for January 1986, will be able to obtain information and discuss this matter with the authorities.