Identifier
Created
Classification
Origin
06TEGUCIGALPA432
2006-03-06 20:27:00
UNCLASSIFIED
Embassy Tegucigalpa
Cable title:  

Proposal for Strengthening Honduran Judicial

Tags:  ELAB ETRD EAID ECON PGOV KJUS HO 
pdf how-to read a cable
VZCZCXYZ0002
PP RUEHWEB

DE RUEHTG #0432/01 0652027
ZNR UUUUU ZZH
P 062027Z MAR 06
FM AMEMBASSY TEGUCIGALPA
TO RUEHC/SECSTATE WASHDC PRIORITY 1306
RUEHC/DEPT OF LABOR WASHDC PRIORITY
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
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

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