COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES CONSIDERATION OF HONDURAN REPORT

CESCR
25th session
26 April 2001
Morning





Use of Pesticides in Banana Plantations Can Cause
Brain Damage and Sterility, Experts Say



The Committee on Economic, Social and Cultural Rights this morning continued its examination of an initial report of Honduras on that country’s efforts to give effect to the provisions of the International Covenant on Economic, Social and Cultural Rights.

Several Committee members queried the delegation about the measures taken by the Government against the use of pesticides in banana plantations which they said had grave consequences for the health of workers and could cause brain damage and sterility. Many employees had also been affected by the introduction of labour reduction technics by United States banana companies in Honduras, they said.

Over the course of the discussion, the Honduran delegation said that with regard to infection resulting from the use of pesticides, the Government had recognized its consequences and was taking steps which would be effective in the long term. The Ombudsman was responsible for defending people concerning any kinds of complaints; besides, there was now a Human Rights Commissioner who also defended the human rights of people. Any individual claiming to be victim of the violation of his or her rights under the Constitution could take the case to the Supreme Court, the delegation added.

As one of the 144 States parties to the Covenant, Honduras must present to the Committee periodic summaries of its implementation of the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will conclude its consideration of the initial report of Honduras.



Discussion

In response to questions raised by Committee members during the previous meeting, the delegation said that the Convent had strengthened the strategy against poverty in Honduras through the implementation of various projects aimed at eradicating poverty.

Honduras had ratified 22 conventions of the International Labour Office, the delegation said. ILO Convention 182 on the elimination of extreme forms of child labour was pending ratification by the country's National Congress.

In addition, Honduras had ratified the Convention on the Elimination of all Forms of Discrimination against Women, the delegation said. At the national level, legislation had been enacted to strengthen the rights of women. Special awareness increasing campaigns had also been carried out concerning women. Further, the issue of the integration of disabled persons had been given high priority, and enterprises were obligated to reserve a certain percentage of posts for handicapped workers.

The Ombudsman was responsible for defending people with regard to any kind of complaint, the delegation said. Besides, there was now a Human Rights Commissioner who also defended the human rights of people. Any individual claiming to be victim of the violation of his or her rights under the Constitution could take the case to the Supreme Court.

At least 20 per cent of violations of rights concerned the work place, the delegation said. In addition, control and monitoring of labour relations were complex. The Government was convinced that the social policy relating to labour relations should be revised and even changed in order to reduce violations occurring in that domain.

Sanctions were inflicted against the perpetrators of violence against women, the delegation said. Victims of the violence were sheltered in an institution where they received psychological and therapeutic treatment. Women had equal rights in matters of property in the event of conflict in a marriage.

Foreigners in Honduras did not have equal rights as Honduran citizens in matters of elections and other national obligations, the delegation said.

A systematic effort was being made by the Government of Honduras to implement education in indigenous languages, the delegation said. The ultimate goal was to produce more educated indigenous people. The educational system was also aimed at perpetuating and preserving the cultural heritage of the indigenous people.

An Expert said that the poverty eradication strategy paper prepared by the Government did not allude to human rights. It seemed that the paper was prepared in a manner that would satisfy the creditors. In addition, by submitting the paper, Honduras was expecting to obtain debt reduction measures from foreign creditors.

In response, the delegation said that with the participation of political parties, it was hoped that the poverty eradication strategy paper could be sustained. It was prepared in accordance with the guidelines for countries.


What percentage of land was held by foreign banana-growing companies, an Expert asked, and how did they acquire land concessions? According to a report, the United States company "Chiquita" had announced that it would introduce a labour saving technic in its plantations which might reduce the number of employees. Many of the labour conflicts arose from the banana plantations of Honduras.

The process of globalization was particularly affecting Honduras, another Expert said. Honduras’s main production of bananas would be affected by the introduction of technics by some companies which would reduce employees in their plantations in Honduras and other Latin American countries. In addition, the use of pesticides in the banana plantations had been affecting children living near them. The "Dole" banana company had widely scattered pesticides in its plantations in Latin America, affecting the health of many workers. Did the Government attempt to compensate persons affected by intoxications? "Chiquita" had also laid off about 5,000 of its employees in Honduras after the devastating Hurricane Mitch.

Another Expert asked the delegation about the measures taken by the Government of Honduras after discovering the link between the use of the toxic pesticides and its effect on health. The pesticides used by the banana companies could cause brain damage and sterility.

Responding to the questions raised by Committee members, the delegation said that there were three transnational companies working in Honduras, two based in the United States and one in the United Kingdom. The transfer of activities from Honduras to other parts of the region had resulted in the reduction of the number of workers in the banana plantations. In addition, Honduras's economy was not based on banana production. Banana production was no longer holding the first place of Honduras’ foreign production; coffee and timber now ranked first in exportation. The strong trade union movement and its action in defending the rights of workers had also led to the reduction of the banana production.

Since 1993, the Government had started an evaluation of the law on labour, the delegation said. That was done due to the weakening of trade unions, which was attributed to the restructuring of companies. However, at present, it was impossible to impose a labour code without social consultations with the concerned sectors of the labour. For the purpose of protecting labour rights, there was a trade union forum through which complaints of lay-offs were lodged.

Many companies did not come to Honduras because of the lack of skilled workers in the country, the delegation said. There was also a need to revise the minimum wage after the living cost went up by 12 per cent.

Multiplicity of trade unions was forbidden under the labour law of Honduras, the delegation said. Only one trade union was allowed within one company. The multiplication of trade unions was not considered to be the exercise of labour freedom. It was to the advantage of the employer when there were many trade unions under one company because of the weakening of workers to negotiate.

There was no specification of crimes concerning the violation of labour laws, the delegation said. It was the trade unions themselves which prevented violations through negotiations.

Asked about retroactive payment of salaries, the delegation said that collective bargaining which involved salary adjustment could result in the payment of salaries retroactively since the inception of the negotiation. Even if the duration of the process of negotiation remained for long, still salaries were paid retroactively.

When there was a risk of health hazards in an enterprise, work inspectors could order its closure, the delegation said. However, due to budgetary constraints, the number of work inspectors was restricted.

The social security system was first introduced in 1959 and it was still subsidized through a system of taxation, the delegation said. At present, there was a debate on how to improve the function of the social security system and its financing through other means.

Health was a prime concern in Honduras, the delegation said. A number of health programmes had been implemented in favour of the population. Studies had also been carried out on environmental health situations, in which the Government was aware that the environment continued to be contaminated. With regard to infection resulting from the use of pesticides, the Government had recognized its consequences and was taking steps which would be effective in the long term.

Collective dismissal could take place if it was authorized by the Ministry of Labour and Social Security, the delegation said. However, collective disputes could be settled by negotiations. When a strike was called for it should first follow the steps which could lead to that action. Illegal stoppages normally would lead to mass lay-offs as had happened in the past. However, international assistance was needed in the development of labour relations.

The number of Hondurans living below the poverty line was high, the delegation said. The majority of those who found themselves in that category were without any wages.

Commenting on the situation of poverty, an Expert said that the situation attested that the poverty eradication strategy paper was not working. According to various reports, among the total population, 81 per cent lived below the poverty line. In addition, due to forced evictions, people had been living in macro-shelters for years. In only one region, there were 6,000 evicted people living in five huge macro-shelters in deplorable conditions.

An Expert said he was concerned about the right to housing in Honduras. There was no programme set up by the Government for housing in the country.

What was the impact of Honduras' intensified deforestation programme on the indigenous people, an Expert asked.

Prostitution in Honduras seemed to be an industry with women and children even being sent outside the country, a Committee member remarked. If there was no major programme to tackle the problem which had affected children and women, the situation would get worse.

In responding to those questions, the delegation said that it was due to Hurricane Mitch that people were kept in macro-shelters. The Government was able to acquire land which was owned by private individuals to shelter evicted persons; and by doing so, the Government had satisfied the demands of those people for land. Concerning the huge macro-shelters, they were built because of Hurricane Mitch. The Government had envisaged to build houses to get the 6,000 persons out from the conditions of congestion that they were living in.



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