Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Honduras (Ratification: 1958)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour imposed for expressing political views or views opposed to the established political, social or economic system. The Committee previously referred to certain provisions of the Penal Code which criminalize the offences of defamation (section 230) and the propagation of false news or information (section 573), which are punishable by sentences of imprisonment involving compulsory labour (under the terms of section 75 of the Act of 2012 on the national prison system and sections 5 and 6(2) of the Act of 2015 respecting work by detainees and the detention of highly dangerous and aggressive persons). The Committee notes with regret the absence of information on the application in practice of these provisions.

The Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2024, as well as the Inter-American Commission on Human Rights (IACHR), in its preliminary observations following the on-site visit to Honduras of 2023, its report on the situation of human rights in Honduras of 2024 and its Third Report on the Situation of Human Rights Defenders in the Americas of 2025, expressed their concern at the undue use of the crimes of libel and slander to criminalize human rights defenders and journalists. They also referred to the undue use of the crime of “usurpation” (section 378 of the Penal Code), which has given rise to criminal proceedings for conduct such as the occupation of public space in the context of a peaceful protest (CCPR/C/HND/3).

The Committee recalls that Article 1(a) of the Convention protects persons who express political views or ideological opposition to the established political, social or economic system by providing that they may not be punished with penalties involving compulsory labour. The Committee requests the Government to ensure that the above provisions of the Penal Code are not used to inflict sentences of imprisonment involving compulsory labour on persons who express specific views or peaceful opposition to the established political, social or economic system. It also requests the Government to provide information on any judicial decisions handed down under sections 230, 378 and 573 of the Penal Code, with an indication of the penalties imposed and the acts that gave rise to those sentences.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. For several years, the Committee has been referring to section 561 of the Labour Code, under which the courts may hand down penal sanctions for offences or misconduct during an unlawful strike. The Government indicates that reforms are under examination to strengthen the exercise of freedom of association, for which reason it is essential to reform the penal offences of usurpation, sedition and crimes related to terrorism, as they have been instrumentalized by particular interests to oppress workers in particular and citizens in general. It adds that a firm attitude has been adopted in relation to protests or interruptions of production which are not in compliance with the procedures established for lawful strikes and that the action taken has been based on the law respecting the calling of lawful strikes.

The Committee requests the Government to ensure that penal sanctions involving compulsory labour are not imposed on workers for the peaceful participation in strikes. It once again requests the Government to provide information on any penal sanction imposed by the courts under section 561 of the Labour Code on persons who are accused of participation in an unlawful strike, with an indication of the action that gave rise to the conviction. Please provide information on any progress achieved in relation to the reforms to strengthen the exercise of freedom of association in terms of the review of the penal offences of usurpation, sedition and crimes related to terrorism. The Committee also refers to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).