CAFTA LABOR/ENVIRONMENT QUESTIONS: INFORMATION

UNCLAS SECTION 01 OF 02 TEGUCIGALPA 002459 SIPDIS STATE FOR WHA/CEN, DRL/IL, AND EB/TPP STATE PASS USTR FOR AUSTR VARGO STATE PASS AID FOR LAC/CEN DOL FOR ILAB E.O. 12958: N/A TAGS: ELAB SENV ETRD EAID PREL HO SUBJECT: CAFTA LABOR/ENVIRONMENT QUESTIONS: INFORMATION FROM HONDURAS REF: State 283733 ¶1. Below are Post's responses to the questions raised in paragraphs 5-6 of reftel. -------------- Labor Laws -------------- ¶2. The Ministry of Labor can levy fines against companies that violate the country's labor laws. These fines can range from 20 to 10,000 Lempiras (USD 1.14 to USD 570) per violation, depending on the seriousness of the violation. Articles 359, 469, 500, and 625 of the Labor Code (reformed by decree 978 on July 14, 1980) govern sanctions and fines for labor issues. Along with a fine, the Ministry can impose corrective measures that must be undertaken by a company. The ministry can also suspend labor union board members or suspend a union's registration for violations. Serious labor violations (such as threats or violence against union organizers) could be classified as crimes and could result in criminal proceedings and a jail sentence. ¶3. The Ministry of Labor can reach administrative decisions on allegations of unfair dismissal and fine companies but only a court can order reinstatement of workers. (Note: There is no quasi-judicial system in Honduras. End Note.) -------------- Environmental Laws -------------- ¶4. The Ministry of Natural Resources and Environment can levy fines against parties which violate the country's environmental laws. These fines can range from 1,000 to 1,000,000 Lempiras (USD 57 to USD 57,000),depending on the seriousness of the violation. The Ministry can also suspend or cancel the environmental permits issued by the Ministry which are required for many kinds of businesses to operate. Again, the length of the suspension depends upon the seriousness of the violation. ¶5. Most violations of environmental law are considered misdemeanors. Extremely serious cases, however, could be classified as crimes and result in criminal proceedings and, theoretically, a jail sentence. The Ministerio Publico (Prosecutor General's Office) does have an office specifically responsible for environmental crimes, and has brought criminal charges in cases involving burning of forests and deliberate destruction of the coral reef off the north coast. To post's knowledge, however, no one in Honduras has ever been sent to jail for violation of environmental laws. ¶6. Under the Honduran legal system, an "acta", in and of itself, is nothing more than a legal declaration or finding. It is not, by itself, analogous to the U.S. concept of a compliance agreement. The law does, however, make provision for an "acta de acuerdo" or "acta de compromiso" which would be roughly similar to a U.S. compliance agreement: an agreement by which the offending company agrees to come into compliance with the law. (Even under an "acta de acuerdo", the company is required to pay a fine.) ¶7. While provision for an "acta de acuerdo" exists in the law, it is apparently very uncommon in practice: a legal contact who worked for the Ministry of Natural Resources and Environment until very recently knows of not a single case in which an "acta de acuerdo" was established. Instead, companies seem to prefer to deny the allegations entirely and, if unsuccessful in doing so, pay the required fine and submit to corrective measures ("medidas de mitigacion y correcion del dano") imposed by the Ministry, which must be undertaken before the Ministry will re-issue the company's environmental permit. -------------- Amparo -------------- ¶8. In Honduras an "amparo" (Article 183 of the Constitution) can only be filed against a governmental entity, not against a private company. Also, for environmental issues, an "amparo" can only be brought once the Ministry of Natural Resources and Environment has twice found an environmental complaint to be without basis. ¶9. For example, if an environmental NGO believes that a certain company is violating the nation's environmental laws, the NGO must first file a complaint with the Ministry of Natural Resources and Environment, presenting evidence of their complaints against the company. The Ministry will then undertake an investigation to determine if the complaint is valid. If the Ministry rejects the complaint, the NGO may then file a "recurso de revision" or "recurso de reposicion", to request that the Ministry re-evaluate the case. If the Ministry again rejects the complaint, then and only then may the NGO bring an "amparo" against the Ministry (not against the company) to claim that its constitutional rights are being violated. The "amparo" is brought directly to the Supreme Court. Palmer