Rapport définitif - Rapport No. 76, 1964

1. 80. The complaint is contained in a communication by the Latin American Federation of Christian Trade Unionists dated 20 February 1964. Following transmission of the complaint to the Government, a reply was received by communication dated 9 May 1964.
2. 81. 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

• Allegations regarding the Arrest of a Trade Union Leader
  82. 82 The complainants allege in their communication that on 15 February 1964 the trade union leader Roberto Diaz Lechuga, a member of the Honduras Radio Union, which represents all the radio and television workers of Honduras, was arrested. This union is affiliated to the Honduras Authentic Trade Union Federation, a branch of the Latin American Federation of Christian Trade Unions. Mr. Diaz Lechuga is a journalist and commentator, and the complainants describe his arrest as a violation of freedom of expression, freedom of association and the most elementary human rights.
  83. 83 The Government's reply General Directorate for Public Security, stating that, at a time when a state of emergency had been proclaimed throughout the country by the Government, Mr. Diaz Lechuga launched a radio programme with political aims which indulged in a campaign insulting the existing régime. It is further stated that this campaign degenerated into, incitement to rebellion against the established authority and that, following Mr. Diaz Lechuga's failure to comply with the authorities' demand that he should observe legal requirements, his arrest was ordered. The Government claims that he was not arrested on account of his membership of the Honduras Radio Union or for his militant radio and journalistic activities but because of his acts of provocation and open incitement to sedition. The Government adds that Mr. Diaz Lechuga has decided of his own free will to return to the United States where he had previously set up residence. The Government also refers to Mr. Diaz Lechuga's career as a radio commentator and his political ideology.
  84. 84 The Committee notes that the allegations made by the complainants contain no reference to the reasons for Mr. Diaz Lechuga's arrest. Nor have the complainants subsequently availed themselves of their right to submit additional information. The Government states in its reply that Mr. Diaz Lechuga's trade union activities had nothing to do with his arrest, which was ordered on account of the "seditious campaign " which he had begun as a radio commentator. In any case, as the Government points out, Mr. Diaz Lechuga has since decided of his own free will to return to the United States, where he is at present.
  85. 85 In these circumstances the Committee, noting also that Mr. Diaz Lechuga is not under any form of arrest, recommends the Governing Body to decide that no useful purpose would be served by continuing its examination of this aspect of the case.
• Allegations concerning the Situation with regard to Freedom of Association in Honduras
  86. 86 The complainants allege in their communication that since the military coup d'état in Honduras the trade union leaders have been persecuted and that they are struggling to safeguard the independence of their organisations in the defence of the workers' interests. The complainants request intervention with a view to obtaining safeguards for freedom of association and immediate cessation of persecution of the workers' leaders.
  87. 87 Although the Government makes no reference to this aspect of the complaint, the Committee considers that the allegations regarding failure to respect freedom of association and trade union rights in Honduras are couched in such vague terms that no examination of the basic aspects of the question is possible. The Committee therefore recommends the Governing Body to decide that this aspect of the case does not call for further examination.