Rapport intérimaire - Rapport No. 190, Mars 1979

1. 293. The complaint of the Trade Union Unity Committee of the Workers of Central America and Panama is contained in a letter of 3 November 1977 which was transmitted to the Government by letter of 5 December 1977 for its observations on the allegations contained therein. Despite repeated requests, the Government has sent no reply. In May 1978, the Committee had appealed to the Government to send its observations urgently. In November 1978, moreover, the Government was informed that, in accordance with established procedure, at its following session the Committee might submit a report on the substance of the matter even if the information awaited had still not been received.
2. 294. Since there has still been no reply from the Government, the Committee considers it necessary, before examining the allegations, to recall the considerations it set forth in its First Report and which it has subsequently repeated on many occasions: the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward.
3. 295. 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. 296. The allegations relate, first of all, to the arrest of Pedro Antonio Brizuela, a trade union leader from San Pedro Sula, who is an active trade unionist belonging to the group of unions known as "dissidents" and adviser to a large number of unions in the region. He thus has connections with the Union of Workers in the National Construction Industry and the Union of Workers in the Drink and Related Industries. The complainants state that they are convinced that the person concerned is being harassed, at the instigation of the employers, by minor officials because of his trade union views. He is charged with conspiring against the Government which, according to the complainants, is an entirely unjustified accusation.
2. 297. The allegations also concern events that occurred in the Sula Dairies: according to the complainant organisation, the management dismissed the members of the union's executive and contrived, in the course of a manipulated meeting, to secure the appointment of a new executive, made up of persons whom the employer had won over.

B. B. The Committee's conclusions

1. 298. As regards the first of these allegations, the Committee has no information from the Government confirming or denying that Mr. Brizuela has been arrested and, if appropriate, giving the reasons for this measure. In dealing with complaints concerning the arrest of trade unionists, the Committee has always emphasised the importance it has attached to the principle of prompt and fair trial by an independent and impartial judiciary in all cases, including cases in which the trade unionists are charged with political or criminal offences which the government considers have no relation to their trade union functions. The Committee has also made a point of ascertaining the reasons for the detention in order to make sure that these have no connection with the trade union membership or activities of the persons being detained. To this end, it has followed the rule that the governments concerned should be requested to submit as precise information as possible concerning the facts held against the persons detained.
2. 299. As regards the alleged anti-trade union practices, the Committee wishes to recall the provision of Articles 1 and 2 of Convention No. 98, which has been ratified by Honduras. Article 1 provides that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. Trade union leaders are particularly in need of protection since the nature of their functions renders them more vulnerable than other people to such acts. Article 2 of the same Convention provides that workers' organisations, likewise, shall enjoy adequate protection against any acts of interference by employers (or employers' associations) in their establishment, functioning or administration.