Proposal for Strengthening Honduran Judicial

UNCLAS TEGUCIGALPA 000432 SIPDIS SIPDIS STATE FOR WHA/PPC PUCCETTI AND DRL/IL DEL VECCHIO STATE FOR WHA/CEN AND WHA/EPSC STATE PASS USAID FOR LAC/RSD: BARRY MACDONALD DEPT. OF LABOR FOR ILAB: JANE RICHARDS E.O. 12958: N/A TAGS: ELAB ETRD EAID ECON PGOV KJUS HO SUBJECT: Proposal for Strengthening Honduran Judicial Procedures for Labor Cases Reftel: SECSTATE 26123 ¶1. Summary: As per the referenced cable, Congress appropriated $40 million ($20 million in ESF and $20 million in DA) in FY 2006 for trade capacity building in CAFTA-DR countries to be used in the areas of labor and the environment. This proposal is the third of three USAID/Honduras responses to the request for input and ideas for projects that meet the labor and environment trade capacity building priorities for Honduras. End Summary. ¶2. Justification: When labor cases reach the courts, the principal complaint throughout the DR-CAFTA region is the length of time required to obtain a judgment. Almost all proceedings rely on written arguments and processes. Where oral procedures exist, they are often ignored or lapse back into written argument. Conciliation, which could also shorten outcomes, is often a formality that is not usually given serious consideration. Antiquated case management systems impede cases from moving forward rapidly. In Honduras, the number of courts and the personnel to staff them are inadequate. There are four first instance labor judges in Tegucigalpa, four in San Pedro Sula, two in La Ceiba and one in Cortes. In the rest of the country labor justice is provided by judges with multiple specializations covering a wide range of legal areas, not exclusively labor. Additional judicial processes are found in the Appeals Courts and the Labor Division of the Supreme Court. There are two Labor Law Specialist Judges on the Supreme Court. Cases can take anywhere from three to five years to proceed through the labor courts, appeals courts, and labor division of the Supreme Court. 3A. Description: This program will focus on enhancing the capacity of the labor court system in Honduras to hear labor cases and come to judgment as expeditiously as possible. The most significant components to be addressed by this program, mentioned specifically for Honduras in the regional labor ministers' White Paper, in recent dialogue with the ministers and their staffs, and in a recent USAID assessment, are: 3B. Labor Courts - Training: Although the Honduran labor code establishes that the labor justice process is oral and public, in practice the oral process is not utilized, resulting in delays in procedures. This is due to lack of understanding and commitment to the oral process, as well as insufficient physical space and resources for holding verbal hearings. Judges, public defenders, and private attorneys need to receive training in the oral process in labor cases to improve oral proceedings and the Supreme Court must provide leadership and direction to compel judges to conduct oral processes. Despite the significant progress made in modernizing and improving labor law administration in Honduras, additional progress needs to be made in improving the awareness of international labor standards by labor, civil court judges and prosecutors. An additional training program will be established with the International Labor Organization (ILO) for judges and others involved in labor law administration on national labor law and international standards. This effort could be built upon the cooperative training program that the Ministry of Labor has established with the National Autonomous University of Honduras (UNAH). 3C. Labor Law Changes: A legislative package is being developed by the Ministry of Labor that will further harmonize Honduran law with ILO norms on fundamental labor rights. It will be necessary to complete the analysis and consultation on reforms by the GOH's Council on Economic and Social Issues. The outcome of these consultations, plus the position of the Labor Ministry, must be presented to Congress in order for them to complete the legislative process. In addition, ILO support will be sought to define appropriate labor code reform and consensus-building for enactment of any such changes. Support from labor unions and employer's organizations, as well as other civil society organizations, will be critical to passage of any proposed changes in the labor law. 3D. Labor Ministry - New Authorization Law: The proposed new organic law ("Ley Organica Administrativa de la Secretaria del Trabajo y Seguridad Social") has been reported favorably by the Labor Committee, and is now pending for discussion and approval on the floor in Congress. This law would give clear authority to the Ministry to impose sanctions for violations of the labor law, rather than going through a court. Passage of the pending new authorization law for the Ministry of Labor will be promoted through labor unions and employer's organizations, as well as other civil society organizations. 3E. Labor Ministry - Inspectorate: The labor inspectorate has salary limitations due to a lower classification within the civil service. The personnel system of the labor ministry inspectorate will be reformed to reclassify and improve their career status within the civil service so they have improved overall conditions and salary. These improved conditions will attract higher qualified applicants. 3F. Mediation and Conciliation: The judges' lack of understanding of the techniques of conciliation often hinders the possibility of a more rapid resolution of the conflict. The phase of obligatory conciliation in the courts is not carried out following any technical guidelines. Judges tend to give directives rather than conciliate. Another problem has been the custom practiced by lawyers and judges to carry out the process in writing thereby ignoring the oral procedural process mandated by law. In addition, the Ministry has a limited capacity to perform its mediation and conciliation function. An increase in the budgetary resources for mediation and conciliation as well as a training program should be sought in order to strengthen the conciliation process. 3G. Gender and Discrimination: Strengthening the implementation of the laws in this area is critical. There is a need to train judges and other involved officials on the proper application of anti-discrimination legislation. There is also a need for programs to educate women workers on their labor rights and the procedures available to protect them. Training programs on anti-discrimination laws for judges and other officials need to be implemented. It is also necessary to develop programs to educate women workers on their labor rights and the procedures available to protect them. 3H. Promoting a Culture of Compliance - Training and Dialogue: In the last few years Honduras has made significant efforts to increase social dialogue and consensus building on workplace issues through the new Council on Economic and Social Issues. But more progress could be made in strengthening the role and impact of this important institution. It will be necessary to implement a program of training and dialogue development for members of the Council on Economic and Social Issues intended to enhance their effectiveness. In addition there is a need to establish a "Mobile Labor System" focused on advancing compliance with fundamental labor standards in the key sectors of the economy with broader geographic coverage. ¶4. Other components of this program of lesser priority include: 1) strengthening information systems so that judges can have access to the body of law that forms precedent in the labor field; 2) developing or strengthening of small claims systems that can relieve the case burden on the regular courts; 3) creating or strengthening systems that provide legal assistance to poor workers so that all plaintiffs are well represented before the law; and 4) developing recommendations related to the overall structure and staffing of the courts. Technical assistance, training and equipment will be provided as required to examine the needs for improvement, recommend a course of action, and assist the courts and ministries of justice in implementing agreed changes ¶5. Estimated Cost: $3,000,000 (three-year program period). ¶6. Advancing U.S. Policy Objectives: The courts are an integral part of the process of ensuring that each country has the ability to uphold international core labor standards, the key U.S. policy interest. Speed and efficiency in adjudicating cases involving national labor law linked to those standards is critical to increasing public confidence that each country has the capacity and the will to effectively enforce the law. ¶7. New or Related to Previous Work: This program is linked to work that will be carried out by USAID to strengthen judicial procedures using FY 05 labor earmark funds. This project will build upon the work of the Cumple y Gana project in alternative conflict resolution. ¶8. Local Buy-In: Specific activities under this proposal on a country-by-country basis have been vetted with representatives of the Ministry of Labor, confirming previous interest established in the White Paper or in other contacts with these officials. ¶9. Public Diplomacy Strategies: Overall improvements in court efficiency in the handling of labor cases, as measured both in terms of improvement in volume of cases handled and the average length of time required to reach judgment can be the subject of media reporting. Any physical improvements in the courts such as the installation of new case management tools and associated equipment may also be opportunities for media attention. Ford