2010 Annual Survey of violations of trade union rights – Honduras

Population: 7,500,000
Capital: Tegucigalpa
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

On 28 June, a coup d’état broke with the legal and social stability in Honduras. The post-coup violence claimed the lives of at least 12 trade unionists. The main targets of the repression were the members of the National Resistance Front against the Coup, which groups trade union centres and numerous civil society organisations, including women’s and youth groups.

Trade union rights in law

Numerous restrictions apply to trade union rights despite initial guarantees. The law recognises the right to form and join trade unions. However, at least 30 workers are required to create a union, and there can only be one union in any given establishment. Foreigners enjoy limited freedom of association as they can not be elected to union leadership positions, and the law requires that 90% of a union’s members must be Honduran nationals. While the law awards some protection to workers trying to form a union and to the union’s leadership, the provisions are lacking especially concerning anti-union discrimination and dismissal.

The right to collective bargaining is recognised, but the Labour Code restricts the themes that can be included in bargaining. In addition, public employees are not allowed to conclude collective agreements, and collective disputes even in non-essential public services are subject to compulsory arbitration.

The right to strike is also coupled with restrictions, and an inordinate two-thirds of the votes of the total union membership is required to call a strike. Federations and confederations may not call a strike. Public employees may not take part in solidarity strikes, and employees of state-owned enterprises must give six month’s notice or obtain government approval before striking. Finally, the authorities have the power to end disputes in certain services.

Trade union rights in practice and violations in 2009

Background: On 28 June, constitutional President Manuel Zelaya was ousted by a coup d’état and replaced by Roberto Micheletti as the de facto leader of Honduras. The new government was not recognised by any country or international institution. In addition to the 20 people killed (including 12 trade unionists), over 500 were injured and some 3,000 were arrested in the repression that followed the coup. Coup opponents also faced countless human rights violations, extrajudicial executions, forced disappearances, arbitrary arrests, death threats, physical attacks and widespread intimidation. The main targets of the attacks were the National Resistance Front against the Coup, a movement defending democracy and the rule of law grouping trade union centres, civil society organisations, women’s and youth groups. Press and radio stations supporting the legitimate government were raided and closed down; numerous journalists were physically and mentally tortured. The global economic crisis has also had a serious impact on Honduras and 20,000 job losses were registered over the year.

Union-busting strategies: Despite the legal recognition of trade union immunity protecting union representatives against unfair dismissal, the main strategy still being employed by companies to destroy unions is to fire all their leaders, often at the very moment the union is founded, to prevent its consolidation and growth. As the reinstatement procedure is very slow, those affected ultimately have to find new jobs in other companies in order to survive financially. Even in cases where they are reinstated, the conditions for forming a union are no longer there, as the staff has changed and so the whole organising process has to be started again, more or less from scratch.

Companies also use other ways of blocking trade union organising at all costs, such as filing appeals for the dissolution of the union. Where a union does exist in a company, the management deploys relentless union-busting tactics, making arbitrary demands and threats, taking reprisals and ill-treating union members.

Complicity of the Labour Ministry, corruption and lack of resources: The Labour Ministry does nothing to ensure that employers respect freedom of association, taking a non-interventionist approach.

Corruption is common amongst labour inspectors, some of whom go as far as selling lists of trade union members to company managers. This, compounded by the government’s failure to provide inspector’s with adequate resources, goes some way towards explaining the state’s ineffectiveness in protecting labour rights.

Fear of reprisals: Since the coup d’état, all union activities have been restricted by the fear of being attacked at any events or meetings that may be held. All trade union leaders were under threat.

Trade union rights not protected: In practice, workers have no adequate legal protection against anti-union discrimination. They are harassed and even sacked for engaging in union activities. Workers trying to form unions in the export processing zones are sacked and blacklisted, as well as being intimidated, separated from their colleagues, mentally harassed and, in some instances, physically assaulted. Judicial processes are long and when the rulings do support the reinstatement of workers, they are generally ignored by companies without any adequate follow-up by the state.

Collective bargaining: One method used by employers to undermine the free exercise of collective bargaining rights is the creation of a parallel association that responds to the management’s interests and which they authorise to negotiate a collective agreement that suits them. This allows them to circumvent any genuine workers’ demands and to neutralise any trade union action.

Serious violations against women trade unionists’ rights: Serious attacks on women trade unionists’ rights were registered throughout the year, such as the rape and beating suffered by teaching trade union representative, Irma Villanueva, at the hands of four police officers; the verbal and sexual assault on Sister Reyna del Carmen Rodríguez by the security forces; the attack on Alba Leticia Ochoa, brutally beaten during a peaceful demonstration; or the case of Agustina Flores López, a member of the Civic Council of Popular Indigenous Organisations of Honduras, who was ruthlessly beaten by the police, in public, and in spite of wide media presence filming the assault.

A group of feminist, indigenous and campesino women were violently dislodged from the National Women’s Institute (INAM) in Honduras, which they were peacefully occupying. As many as 19 testimonies were gathered by the Feminist Observatory regarding violence against women, bearing witness to the harassment, violence and sexual attacks on women by the security forces since the coup d’état.

Trade unionists beaten, arrested, tortured and murdered following the coup d’état: At least 12 trade union activists have been assassinated since the coup overthrowing Honduran President Manuel Zelaya in June. The killings took place during protests and even in the victims’ own homes. Over 125 trade union leaders were held in illegal detention.

Bomb in trade union head office: In July, a bomb exploded at the head office of the drinks industry workers’ union, Trabajadores de la Industria de la Bebida y Similares (STIBYS). No one was injured, fortunately, as the explosion took place shortly after the members had left the premises after attending the funeral of an assassinated trade union leader.

Unionised teachers murdered: On 30 July, Roger Abraham Vallejo, a primary school teacher and member of the teaching union, Colegio de Profesores de Educación Media de Honduras (COPEMH), was shot in the head during a demonstration. Another teacher and member of COPEMH, Martín Florencio Rivera, died after being stabbed 27 times on leaving Vallejo’s funeral service.

August saw further intimidation of unionised teachers, with the brutal beating of Saturnino Sánchez, president of the teaching union, Colegio Profesional Superación Magisterial Hondureño (COLPROSUMAH).

Civil society organisations attacked: On 12 August, unknown assailants shot at the offices of Vía Campesina in Honduras, coordinated by campesino leader Rafael Alegría. The shooting constitutes a clear attack on the social organisations participating in the National Resistance Front against the Coup d’État (FNRP) and its leaders.

Military forces storm National Agrarian Institute: On 30 September, within hours of the “state of exception” being declared, members of the military police stormed the National Agrarian Institute (INA) in Tegucigalpa, bringing an end to the 60-day occupation staged by 60 campesinos seeking to protect their land title deeds filed at the institute. The campesinos were initially transferred to police stations and later charged with sedition.

Among the documentation the campesinos were protecting were hundreds of files related to disputed land cases that were on the point of being settled in favour of campesinos just prior to the coup d’état. In mid-2008, President José Manuel Zelaya had passed Executive Decree 18-2008 to bring an end to land disputes dating back 30 years or more. Landowners appealed against the Decree on various occasions, to delay its implementation.

source: http://www.unhcr.org/refworld/country,,ITUC,ANNUALREPORT,HND,,4c4fec7633,0.html

2009 Annual Survey of violations of trade union rights – Honduras

Population: 7,500,000
Capital: Tegucigalpa
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

It was a bloody year for Honduran trade unionists. The General Secretary of the CTH, Rosa Altagracia Fuentes, was shot to death along with trade union leader Virginia García de Sánchez and Juan Bautista Gálvez, who was accompanying them. A month later, the leader of ANACH, Israel García, was gunned down and killed. Two leaders of SITRAFL received threats and were shot at by unknown assailants. Permanent staff at Lafarge Cementos were fired and replaced with subcontracted workers.

Trade union rights in law

Freedom of association: The law recognises the right to form and join trade unions, but imposes restrictions. At least 30 workers are needed to form a trade union, which makes it impossible to create trade unions in small companies. In addition, the Labour Ministry can de-register a union whenever the number of members falls below 30. Members of the police and the armed forces are banned from forming trade unions and establishing collective bargaining. The Organic Law on the police force bans security guards from joining a union.

There cannot be more than one union in a given enterprise or institution and 90 per cent of the workers belonging to that union must be Honduran nationals. Trade union officials must be Honduran nationals and must be engaged in the activity concerned. Workers on farms that do not continually employ more than ten workers are not covered by the Labour Code.

Trade union protection: Protection is provided to workers trying to form a union and to the union’s leadership. However, the measure only covers the leadership of the confederation and not the leaders of federations or branch committees. What is more, in the event of a trade union leader being dismissed there is no legal procedure to contest the decision and the normal process for dismissals is applied, which clearly affects the right to immediate reinstatement and, thus, the full exercise of trade union rights.

Collective bargaining: The right to collective bargaining is protected by law, and retribution by employers for trade union activity is prohibited.

However, there are restrictions on that right. Although public employees are allowed to organise they are not allowed to conclude collective agreements.

Also, the Labour Code restricts the matters that can be included in negotiations and stipulates that the Labour Ministry must officially endorse the content of a collective agreement. Both factors restrict the collective bargaining autonomy of trade unions.

The Minister of Labour submitted a bill that could restrict collective bargaining by requiring trade unions to have a membership of at least 50% of the total workforce, which would undermine their existing rights. The proposed legislation also replaces the term “collective agreement” with “claims list”, whereas the current Chapter IV of the Labour Code contains the more precise wording “Collective Labour Agreement”.

Right to strike: The right to strike is also recognised, but limited. Federations and confederations may not call a strike. A two-thirds majority of the votes of the total union membership is required to call a strike. Employees of state-owned enterprises must give six months’ notice or have the government’s approval before striking. The Ministry of Labour and Social Security has the power to end disputes in oil production, refining, transport and distribution services. However, it has no power to ensure that employers comply with the law. Collective disputes in non-essential public services are subjected to compulsory arbitration and it is not permitted to call a strike while the arbitration process is under way (two years). Public employees are not allowed to take part in solidarity strikes.

A dangerous draft law: In 2006, the President of Honduras submitted a bill to reform various articles in the Penal Code, with a view to toughening the penalties for participation in street protests, such as the blocking of roads and bridges. The measure was aimed at blocking trade union action and legalising its repression.

Special laws in the EPZs: The law allows export processing zones to set additional limitations on the right to strike.

Trade union rights in practice and violations in 2008

Background: The political situation has been complicated by the manoeuvring of the government and opposition parties in the run-up to the 2009 elections. There were tensions between the government and employers over international relations with third countries. Employers protested against the government’s decision to increase minimum wages. The problems identified as most serious by the population are organised crime, violence, widespread corruption and the lack of decent work. Agents infiltrating trade union meetings were found with lists of trade unionists, social and political activists.

Lack of protection of trade union rights: In practice, workers have no law to protect them adequately from anti-union discrimination. Workers are harassed and even sacked as a result of their union activities. In the export processing zones (EPZs) workers trying to form unions are sacked and blacklisted, as well as being subjected to harassment, separation from their colleagues, and psychological and even physical abuse. Judicial processes are long and when the rulings do support the reinstatement of workers they are generally ignored by companies without any adequate follow-up by the State.

Anti-union strategies of companies: Despite the legal recognition of trade union protection, the main strategy still being employed by companies to destroy trade unions is to dismiss all their leaders, often at the very moment the union is founded, thereby preventing its consolidation and growth. As the reinstatement procedure is very slow, the people concerned ultimately have to find new jobs in other companies in order to survive financially, so, in practice, even where reinstatement is ordered the conditions enabling the creation of a union no longer exist, since the staff has changed, and the whole organising process has to start again more or less from scratch.

Companies also use other ways of blocking trade union organising at all costs, such as filing writs requesting the dissolution of the union. Where a union does exist in a company, the management tirelessly pursues its tactic of imposing arbitrary demands, threats, reprisals and other forms of mistreatment of the members of the union.

Complicity of the Ministry of Labour, corruption and lack of resources: The Ministry of Labour does not ensure that employers respect freedom of association, taking a non-interventionist approach.

Corruption is common amongst labour inspectors, some of whom even sell lists of trade union members to company managers. As this is compounded by the government’s failure to provide adequate resources to the inspectors, the State is clearly not providing effective protection.

Collective bargaining: One method used by employers to undermine the free exercise of collective bargaining rights is the creation of a parallel “association” that respects the management’s interests and which they authorise to negotiate a collective agreement that suits them. This enables them to sidestep the real demands of the workforce and to neutralise the unions’ action.

Violations of the right to organise: In January, maquiladora companies launched a series of measures aimed at dismantling the few trade union organisations remaining in this sector. The trade union at the PETRALEX factory reported that the company had dismissed the members of the factory’s trade union committee for the fourth time.

General Secretary of the CTH murdered: On 24 April, six presumed gang members killed Rosa Altagracia Fuentes, the General Secretary of the Honduran workers’ confederation, the Confederación de Trabajadores de Honduras (CTH), leaving her riddled with bullets. Trade union leader Virginia García de Sánchez and the driver accompanying them, Juan Bautista Gálvez, also lost their lives. Investigators believe the incident was premeditated and have ruled out robbery as the motive as the police found Altagracia’s wallet, holding a considerable amount of money, intact. The murders remained unpunished at the end of the year.

Crimes against campesino leaders continue: In May, Israel García, leader of the national association of Honduran campesinos, the Asociación Nacional de Campesinos de Honduras (ANACH), was shot to death by the bodyguards and legal advisor of Julio Paz, the manager at Diesel Express.

According to evidence given by ANACH leader Victor Bonilla, the motive for the crime was a ruling of the national agrarian institute (Instituto Nacional Agrario – INA) granting ANACH the right to lands it had been fighting for and which the manager of Diesel Express had been refusing to hand over.

Leaders listed and under threat: On 11 September, human rights organisations in Honduras reported that the national police was holding a list of recognised civil society leaders and activists, including teachers, indigenous and labour leaders, members of parliament, journalists, members of the clergy and even representatives of the international community, who are being kept under surveillance by the national intelligence services. The list was exposed when two plain-clothes police officers were stopped by the campus security at the Universidad Nacional Autónoma de Honduras (UNAH), when following René Andino, President of the UNAH union.

On apprehending them, the UNAH security guards seized a list of 135 names, including that of the General Secretary of the CTH, Altagracia Fuentes, who had been killed earlier in the year, along with those of other trade union leaders, such as Israel Salinas and Daniel Durón, general secretaries of the national trade union centres, the Confederación Unitaria de Trabajadores de Honduras (CUTH) and the Central General de Trabajadores (CGT).

Anti-union dismissals: On 17 July, the cement industry union, the Sindicato de Trabajadores de la Industria Cementera Hondureña S. A. (SITRAINCEHSA), affiliated to the Honduran workers’ federation, the Federación Unitaria de Trabajadores de Honduras (FUTH), reported that the management at Lafarge Cementos were persisting with their efforts to destroy the union. The company was planning to close two sections of the quarries division (limestone extraction), to lay off seven employees and subcontract their work. According to the trade unionists, the move was yet another attempt to destabilise the union.

Workers sacked for forming union: In July, workers at Lido Pozuelo (owned by Mexican transnational Bimbo since March 2008), notified the management and the Ministry of Labour and Social Security that they had formed a trade union. The next day Bimbo retaliated by firing 62 of them, including the union’s founders, some of whom were pregnant. Ninety-eight percent of the workers are Honduran.

National union’s head office raided: The Confederación Unitaria de Trabajadores de Honduras (CUTH) reported that its offices were raided by members of a criminal organisation on 9 September. Four men burst into the office, taking union leaders, activists and staff hostage and threatening them. They stole televisions, computers, projectors, money and mobile phones.

Women trade unionists shot at: In September, Lorna Jackson García and Juana Leticia Maldonado, the President and Vice-President of the union at AFL Honduras, the Sindicato de Trabajadores de la AFL Honduras (SITRAFLH), were shot at by unknown assailants. The two union leaders had been receiving telephone death threats since July, as well as being followed, intimidated and threatened with fire arms. Prior to this, Alcoa Fujikura Ltd. (AFL Automotive), an auto parts manufacturer, had fired Jackson but the union managed to have her reinstated. The company had then folded its operations in August 2008, blaming the unionised workers for the plant’s closure.

Threats of closure to stop unionisation: In November, just days after blocking the first collective bargaining negotiations with the union, the Jerzees de Honduras maquiladora plant of Russell Athletic (owned by Berkshire Hathaway Inc.) was shut down in a clear bid to do away with the factory union. Its 1,800 workers were left jobless. Prior to this, the management had resorted to threats, intimidation and interference in the union’s affairs to stop the workers from exercising their right to freedom of association.

According to a report by the Workers’ Rights Consortium (WRC), the management had issued various statements informing the workers that the plant’s closure was the inevitable result of the union’s demands. Russell Athletic eventually offered to reinstate the unfairly dismissed workers and to pay the wages they had lost, but only after coming under strong pressure from some of its customers. A number of U.S. universities suspended their business relations with Russell Athletic as a result of the dispute.

source: http://www.unhcr.org/refworld/country,,ITUC,,HND,,4c52cae8c,0.html