Interim Report - Report No 284, November 1992

Case No 1538 (Honduras) - Complaint date: 14-JUN-90 - Closed

1. 738. The Committee examined this case on two previous occasions (see 278th and 283rd Reports of the Committee, paras. 473-489 and 247-256, approved by the Governing Body at its 250th and 253rd Sessions (May-June 1991 and May-June 1992 respectively)) when it presented interim conclusions. The Government sent new observations in a communication dated 29 May 1992.
2. 739. 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. Previous examination of the case

1. 740. At its last examination of the case (May 1992), there remained pending the allegations concerning the murders of trade union leaders Javier Bonilla Medina and Ramón Antonio Briceño, threats on the lives of trade unionists Hilario Aguilera and his family and the forced entry into his home by an armed group. The Committee requested the Government to inform it of the outcome of the inquiries undertaken to throw light on these serious events and to adopt appropriate measures to guarantee the physical safety of the trade unionist Hilario Aguilera and his family and his rights and freedoms as a citizen (see 283rd Report of the Committee, para. 256).

B. The Government's reply

1. 741. In its communication of 29 May 1992, the Government states that the inquiries into the murder of Mr. Javier Bonilla Medina are at the pre-trial stage and that it has been established that the persons initially accused of the murder were not the real culprits. As regards the assassination of Mr. Briceño, the Government states that inquiries are also at the pre-trial stage.
2. 742. Finally, as regards the search carried out on the home of Mr. Hilario Aguilera, the Government states that there was insufficient evidence to corroborate the denunciation of criminal conduct and that the matter has not been pursued since then by the party concerned.

C. The Committee's conclusions

1. 743. As regards the murders of the trade union leaders Javier Bonilla Medina and Ramón Antonio Briceño, the Committee notes that the Government merely states that the proceedings and investigations continue at the pre-trial stage. The Committee expresses its deep concern, observing that according to the information sent by the Government judicial investigations into the murder and disappearance of trade unionists rarely lead to the identification of the alleged culprits. In the Committee's opinion, this situation means that in practice the guilty parties enjoy impunity, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights. The Committee once again deplores these murders and trusts that the judicial inquiries can be concluded as soon as possible. It requests the Government to keep it informed of the outcome of these inquiries.
2. 744. As regards the allegation concerning the threats on the lives of trade unionists Hilario Aguilera and his wife, and the forced entry into his home by an armed group, the Committee notes that, according to the Government, the denunciation of criminal conduct lodged by Mr. Aguilera was not supported with sufficient evidence and that the party concerned has not pursued the matter. In order to be able to make a fully informed decision on this aspect of the case, the Committee requests the complainant to provide further information on this matter, and in particular to indicate why the person in question did not pursue the matter.
3. 745. The Committee deeply regrets that the Government has not replied to the request made to it in May 1992 for the adoption of appropriate measures to guarantee the physical safety of the trade unionist and his family and his rights and freedoms as a citizen. In these circumstances, the Committee urges the Government to take these measures, if still requested by the person concerned and his family, and draws the attention of the Government to the fact that trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists, and that it is for governments to ensure that this principle is respected (see 283rd Report of the Committee on Freedom of Association, para. 256).

The Committee's recommendations

1. 746. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again deplores the murders of the trade union officials Javier Bonilla Medina and Ramón Antonio Briceño. The Committee expresses its deep concern, observing that according to the information sent by the Government judicial investigations into the murder and disappearance of trade unionists rarely lead to the identification of the alleged culprits. In the Committee's opinion, this situation means that, in practice, the guilty parties enjoy impunity, which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights. The Committee trusts that the judicial inquiries under way can be concluded as soon as possible and asks the Government to keep it informed of the outcome of these inquiries.
   • (b) The Committee asks the complainant to provide detailed information on the allegation according to which the trade union official Mr. Aguilera, who was allegedly the victim of death threats and forced entry into his home, did not maintain his complaint before the courts.
   • (c) The Committee deeply regrets that the Government has not supplied information on the request made to it in 1992 for the adoption of appropriate measures to guarantee the physical safety of this trade unionist and his family as well as his rights and freedoms as a citizen. The Committee urges the Government to take such measures if still requested by the person concerned and his family, and draws the attention of the Government to the fact that trade union rights can only be exercised in a climate that is free from violence and pressure of any kind against trade unionists, and that it is for governments to ensure that this principle is respected.