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Committee on the Elimination of Discrimination against Women considers the reports of Honduras
Honduras reviewed
03 November 2016
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GENEVA (3 November 2016) - The Committee on the Elimination of Discrimination against Women today considered the combined seventh and eighth periodic reports of Honduras on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Ana Aminta Madrid Paz, Minister for the National Institute of Women, introducing the reports, said that removing inequalities and ending different forms of violence that women faced was an utmost priority in Honduras. Honduras had successfully reduced maternal mortality rates from 108 to 73 per 100,000 live births, reduced the rate of extreme poverty from 47 per cent in 2001 to 39 per cent in 2014, and adopted the National Policy on Women and the Plan for Gender Equality 2010-2022. In order to fight violence against women, Honduras had criminalized femicide, created a Special Unit for the investigation of violent deaths of women and femicide in the Office of the Prosecutor, and adopted the National Plan to Combat Violence against Women 2014-2022. At municipal levels, Observatories for Coexistence and Security had been set up in 30 municipalities at a high risk of violence, and municipal action plans for the eradication of violence against women had also been created. Honduras recognized the growing trend of feminisation of migration, which was linked to the existence of organized criminal groups and the high incidence of societal violence; the high impact of domestic violence, femicide and sexual violence, and the impunity of perpetrators, were the root causes of the flight of women.
In the ensuing discussion, Committee Experts recognized the context of extreme violence, poverty, trans-national criminality, corruption, and impunity that exposed women to a particularly high risk of violations of their rights. The recent assassination of four human rights defenders, in addition to the killing of Berta Cáceres eight months ago, showed the alarming situation of human rights defenders. Violence against women, including femicide, was on the increase, impunity of perpetrators prevailed, and an overarching strategy to address the violence, including by organized gangs, was not yet in place. There was a total ban on abortion without exception, including in cases of rape, incest, or when the life of the mother was in danger. This was a violation of the right of women to health, and it could also amount to torture, for example in the case of a 12-year-old girl victim of incest forced to carry a pregnancy to term. Experts were also concerned about very high rates of teenage pregnancy, which perpetuated the cycle of poverty and violence experienced by girls. Although Honduras had registered constant economic growth in recent years, an extremely high proportion of the population continued to live in poverty – more than 60 per cent - making Honduras the country with the highest levels of inequality in Latin America.
In her concluding remarks, Ms. Madrid Paz said that progress had been made on women’s rights and more remained to be done to eliminate all forms of discrimination against women.
Yoko Hayashi, Committee Chairperson, commended Honduras for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
The delegation of Honduras included representatives of the National Institute of Women of Honduras, National Congress and Congressional Gender Commission, Office of the President, City of San Pedro Sula, and the Permanent Mission of Honduras to the United Nations Office at Geneva.
The next public meeting of the Committee will be at 10 a.m. on Friday, 4 November, when it is scheduled to examine the combined fifth and sixth periodic reports of Armenia (CEDAW/C/ARM/5-6).
Reports
The combined seventh and eighth periodic reports of Honduras can be read here: CEDAW/C/HND/7-8.
Presentation of the Reports
ANA AMINTA MADRID PAZ, Minister for the National Institute of Women of Honduras, said that the adoption of the 2030 Agenda in 2015 represented the renewed commitment of the international community, and Honduras had adapted its national framework to keep the country in line with the new international obligations and commitments. Removing inequalities and putting an end to different forms of violence that women faced was an utmost priority in Honduras. Thanks to measures taken in the area of health, maternal mortality had dropped from 108 to 73 per 100,000 live births, the birth rate had decreased from 3.3 to 2.9, and the number of clinics providing reproductive health services, including contraception to teenagers, had been increased to 28. Special attention was being given to the eradication of poverty: the rate of extreme poverty had decreased from 47 per cent in 2001 to 39 per cent in 2014. The initiative “Winds of Opportunities” was in place to provide information to women about available State programmes, and the “Women in the Cities” programme had been created in 2016 to provide integrated services to women, including on sexual and reproductive health, economic empowerment, violence against women, services to adolescents, and citizenship education.
The National Institute of Women was the key institution which ensured gender mainstreaming in social policies, human development, education and employment, and eradication of poverty among women, including through the National Policy on Women, the Plan for Gender Equality 2010-2022, gender mainstreaming in the planning and budgeting of public management, and strengthening of Municipal Offices of Women. In order to combat violence against women, Honduras had adopted the National Plan to Combat Violence against Women 2014-2022, reformed the Penal Code to include the crime of femicide, reformed the Public Prosecutor’s Office to create a Special Unit for the investigation of violent deaths of women and femicide, and created the National Inter-institutional Commission for follow-up to investigations of violent deaths of women. The Anti-Trafficking Act had been adopted in 2012, the capacity of shelters had been increased, and Honduras had also strengthened inter-institutional coordination to promote a rapid response to women victims of violence. Campaigns aimed at promoting a culture of non-violence and non-discrimination were in place, such as “Apply the law against domestic violence” aimed at judicial operators, “I am a woman and living without violence is my right”, and “No means no”, which addressed sexual harassment in the workplace and aimed to prevent dating violence.
Observatories for Coexistence and Security had been set up to help decision making to prevent and reduce violence in 30 municipalities at a high risk of violence, where municipal action plans for the eradication of violence against women had also been created. In 2015, Honduras had adopted the Law on Pay Equity between women and men, and in 2016, the Policy on Indigenous Peoples and Afro-Descendants with affirmative actions to promote non-discrimination against women from those population groups. In order to address the phenomenon of feminisation of migration, and the flight of unaccompanied children, the Government had issued an Emergency Decree and created a Task Force to prepare a strategic plan to address the situation. Ms. Madrid Paz recognized the existence of organized groups and the high incidence of social violence and violence against women, adding that the high impact of domestic violence, femicide and sexual violence, and the impunity of perpetrators, were the root causes of the flight of women. The State was dismantling gangs and recovering public spaces they used in order to positively influence the new generations.
Questions from the Experts
A Committee Expert noted the context of high criminality, violence and impunity in Honduras, and acknowledged the progress made since the last review, including the adoption of a number of laws, programmes and policies. Which human, material, financial and institutional capacities were available for their implementation?
What was the position of Honduras concerning the ratification of the Optional Protocol to the Convention? What was the timetable for the adoption of the law on comprehensive compensation for victims of human rights violations?
The recent assassination of four human rights defenders, in addition to the killing of Berta Cáceres eight months ago and the killing of other human rights defenders, showed how alarming the situation of human rights defenders was. Commending the recent adoption of the law on the protection of human rights defenders, the Expert asked about measures taken to ensure its operationalization and implementation, and about steps taken to stop the criminalization of activities of human rights defenders.
The Expert recalled that, following the coup d’état in 2011, the National Human Rights Commission had been downgraded to B status, which had been confirmed again in May 2016. What steps were being taken to implement measures to ensure that it acted as a central actor for the promotion and protection of women’s rights?
Two thirds of women presently in detention were in pre-trial detention and this indicated a completely dysfunctional system. What measures would be taken to address the issue and ensure women’s access to justice, as recommended by the Committee?
Responses by the Delegation
Responding to the question concerning the assassination of Berta Isabel Cáceres Flores, a human rights defender, the delegation said that a warrant had been issued for the arrest of a person who was currently in the United States. The authorities were following up on the extradition procedure. Six persons had been investigated and were currently deprived of liberty; the investigation was still open. The results to date had established the participation of a person linked to the company which ran projects that Berta Cáceres had opposed, which strengthened the hypothesis that the assassination was linked to her activities as a human rights defender
Institutional protocols had been set up, particularly in the police and the judiciary, concerning the follow-up of cases of violence against women and follow-up of cases of violent deaths of women. However, not all judicial procedures had such protocols and efforts were ongoing to establish inter-institutional protocols to remove complications in the investigation and prosecution of cases of violence against women.
The approval of the law on the protection of human rights defenders was evidence of the importance given to human rights defenders and the strengthening of the rule of law in a democratic State. Human rights defenders were considered a part of the system and infrastructure created under the law.
With regard to temporary militarization of the country, the delegation stressed that it was important to take into consideration the context of violence, including by organized crime, in order to understand the reasons for which Honduras had decided to use its armed forces to meet demands for the security of the population. Stressing that this was a temporary and exceptional measure, the delegation said that the armed forces were trained in human rights, and that control mechanisms - internal and external- were in place in order to supervise, monitor and deal with infractions.
In their follow-up questions, Experts noted the numerous human rights challenges that the people of Honduras were facing, and asked about the reasons for which issues of indigenous peoples and Afro-Descendants had been downgraded from a full-fledged Ministry to a sub-secretariat for human rights and justice and even lower-level entities. What political will was in place to ensure the accountability of the judicial system and to look into its legal responsibility for all violations of the law?
Answering the questions related to the status of the National Commission for Human Rights, the delegation said that the institution had been awarded status A because it had a constitutional ranking and was in keeping with the Paris Principles; following the 2011 coup d’état, the classification had been reduced to status B. Honduras was committed to ensuring that the Commission recovered status A and that it fully participated in the international human rights system.
Concerning the ratification of the Optional Protocol to the Convention, the delegation said that it was incumbent upon the National Congress to make the decision.
The delegation stressed that following a review and the constitutional reconfiguration, the issues related to indigenous peoples and Afro-Descendants were now under the aegis of the unit for social protection, development and social inclusion. The vision was not to minimize the importance on the public agenda of those vulnerable groups, but to improve the coordination of policies and programmes and ensure comprehensive care of those groups. A coordinated approach was particularly important in the context of meagre resources and high rates of poverty - 63 per cent of the people were poor and 39 per cent lived in extreme poverty – which significantly affected rural areas, indigenous communities and indigenous women.
In 2016, a total of $ 800,000 had been allocated for the implementation of the law on the protection of human rights defenders. The bill on comprehensive compensation to victims of human rights violations was currently being discussed, and there was a plan to open it to consultations with victims’ groups, for example victims of enforced disappearances. It was not possible to anticipate the date by which the law would be adopted, and the Government was determined to take appropriate time to propose the law that would adequately address the complex situation in the country.
Questions from the Experts
A Committee Expert took positive note of the legal and policy framework which aimed to achieve de facto equality; however, concerns remained about the implementation of the framework in practice, while the recent institutional restructuring had reduced the capacity of the National Institute of Women to manage national plans and programmes. In addition, gender budgeting was not being applied by institutions, which did not see gender equality as their clear priority.
What was the position and the level of the National Institute of Women in the institutional framework and did it enable adequate coordination of policies and programmes with ministries?
How did the Government demonstrate in practice its political will to address the phenomenon of increasing violence against women?
Another Expert noted that temporary special measures were not being used in areas in which women were disadvantaged, and asked about measures to raise awareness about the nature and scope of temporary special measures among members of the Congress, Parliament, political party officials, and State officials.
Responses by the Delegation
Responding, the delegation explained that the National Institute of Women depended on the Cabinet for Social Inclusion and participated in intra-sectoral meetings that took place there. The Institute supported the 292 Municipal Offices for Women, including though training activities delivered to 140 of them. The National Institute of Women had set up a permanent coordination mechanism which included 140 State institutions and ministries, it was working on setting up the Gender Observatory, and was working on operationalizing the National Policy on Women. The aim of all those measures was to move from policy to practice, in cooperation with civil society.
Municipal Offices of Women were strengthened and they were very important in influencing municipal policies and monitoring their implementation across the sectors. Honduras had in place the “single window” system for the delivery of integrated services to women and children in municipalities.
In order to promote the participation of women in the public sphere, a transitory measure of 30 per cent participation of women had been introduced, while the Electoral Law had been modified to introduce the system of rotation and 50 per cent participation for women. There was a strong resistance in the society to such measures, but there was also a strong desire of women to participate on a wider basis.
In follow-up questions, the delegation was asked how to overcome the deeply rooted stereotypes and the resistance among some groups of the society and the population to change and to eliminate multiple and intersecting forms of discrimination against women.
Questions from the Experts
A Committee Expert expressed concern about violence against women which was a growing scourge, including a very high incidence of domestic violence, and in particular about the very low rate of prosecution – there were only 124 convictions.
What were the obstacles in reporting cases of violence against women, investigating and prosecuting perpetrators, and which measures were being taken to ensure that there was no impunity?
The delegation was asked about the budget allocated to the National Plan to Combat Violence against Women, the situation of shelters of victims of violence and the plans to offer comprehensive services to victims.
Femicide had been criminalized and included as a specific crime in the 2013 Criminal Code, said the Expert and expressed concern about the lack of measures to prevent the crime from occurring in the first place, particularly in the light of an increase in the number of women killed. There were 629 cases of femicide reported last year, and some sources put the number of women killed over the last decade to almost 5,000 and most enjoyed impunity.
What steps were being taken to develop a more overarching strategy to address violence against women, including by organized gangs?
Another Expert noted that there were no specialized centres for assistance to victims of trafficking and asked about plans to set up long-term care centres. Prostitution was not illegal, but there were several groups of women particularly vulnerable to falling or being forced into prostitution. What strategy was in place to prevent prostitution of vulnerable groups, to support women who wished to exit prostitution, and to implement measures to address the demand side, and to protect women, including victims of trafficking, from being forced into prostitution in tourist centres?
Responses by the Delegation
Responding, the delegation confirmed that the National Plan of Action to combat violence against women to 2022 was in place and was being currently implemented. In addition, the National Institute for Women, with the assistance of civil society organizations, was drafting a comprehensive law on preventing violence against women.
Measures were in place to raise the awareness of judges on the correct application of the law against domestic violence, and the issue of domestic violence had been introduced in law schools. Campaigns on combatting violence against women were also taking place in schools in order to address gender stereotypes and macho attitudes among the youth, and in the private sector and academia to address the issues of sexual harassment in the workplace. There were 64 institutions and centres which provided care to women victims of violence against women and a number of youth groups and networks had been trained in issues of violence, sexual harassment and trafficking. The aim of campaigns was to create a new, non-violent model of masculinity.
Shelters were available for victims of violence, some were run by civil society organizations, others by municipal authorities. Shelters were only accessible to women who suffered extreme violence and did not have any family or network to support them.
Honduras was reforming its justice and law order and enforcement sectors. It had set up an Investigative Police in order to address structural gaps and insufficiencies in investigations and thus reduce the levels of impunity across various spheres. The Government carried out operations aimed at disbanding organized criminal groups and marras which were responsible for the high percentage of crimes, including the killing of women.
In their follow-up questions, the Experts asked about violence against girls at home by family members, including sexual violence, the situation of women in detention, and hate crimes against lesbian, bisexual and trans women.
The delegate said that the legislative framework already looked at hate crimes, while hatred was an aggravating circumstance for all crimes. The new Penal Code had hate crime as a specific and separate crime. The female prison population had grown from 11,000 to 17,000 and the State was building new prisons to reduce overcrowding and was also training specialized penitentiary officers.
Questions from the Experts
A Committee Expert commended the increased representation of women in Parliament, and asked about root causes for the low level of representation of women in decision-making bodies.
Data on the political participation of women from disadvantaged groups, such as rural women, indigenous and Afro-descendant women, was lacking; what was their representation at the national and local councils’ levels? What were the plans concerning the adoption of quotas for political representation of women?
What measures were being taken to protect women from political violence, including the timeframe for the adoption of a bill? Honduras could find the inspiration for the law in the Inter-Parliamentary Union report on sexism, harassment and violence against women Parliamentarians.
Another Expert asked what was being done to ensure birth registration for all throughout the country, particularly among rural and indigenous peoples, and to ensure that all returning migrants had identity documents.
Responses by the Delegation
In response to Experts’ questions, the delegation said that the Electoral Law had introduced quotas for the representation of women in electoral lists as well as sanctions for non-compliance by political parties. The implementation of the law would come into force at the next elections in 2017.
The Law on the Foreign Service was being reformed; it did not contain provisions on gender balance in representation. The representation of women in the Foreign Service was rather high, the Permanent Mission to the United Nations in New York was led by a woman, while the whole team of the Permanent Mission to the United Nations Office at Geneva was female, with the exception of the Permanent Representative.
The National Registry was working with mobile registry offices to ensure the birth registration of all new born children. A task force had been set up to facilitate the access of returning migrants to services delivered by the State, such as registering children and obtaining identity documents. Honduras was internationally recognized for the improvements made to the national registry of births.
Questions from the Experts
With regard to access to education, a Committee Expert noted the disparities that existed in the country, between boys and girls, urban and rural, poor and rich, stating that females from poor rural households were most likely to be out of school. This meant that indigenous and Afro-descendant girls were most affected.
What budgets were being allocated to facilitate access to school for girls from poor and rural areas? Did girls leave after secondary school because of personal choice or because educational opportunities were not there?
Considering that 69 per cent of all cases of sexual violence was committed against girls aged 12 to 18, it was likely that it was also taking place in school. Although Honduras had very high rates of teenage pregnancies, the full implementation of sexual and reproductive health education was obstructed by conservative elements in the Government.
Honduras had the highest rate of informal work in Latin America – more than 70 per cent; women worked in poor conditions, low pay, and a threat of violence. What steps were being taken by Labour Inspections to ensure that companies respected the Labour Law and what were the priority measures being taken to deal with sexual harassment at work?
What were the intentions concerning the decriminalization of abortion in cases of rape, incest, foetal abnormalities and the risk to the life of the mother? What studies were there on the impact of the ban on abortion, including the impact of unwanted pregnancies on the mental and psychical health of women victims of sexual violence?
Replies by the Delegation
Responding to the questions and comments made by the Committee Experts, the delegation said that programmes were underway to increase health coverage. Data from 2013 had shown that the maternal mortality rates had decreased, and progress had been made in other areas as well, including in reducing birth rates. In order to address the increasing rates of teenage pregnancies, including among girls under the age of 15, a multi-sectoral plan addressing teenage pregnancy had been rolled out. There were 34 clinics throughout the country which provided comprehensive access to health care to teenagers and young people.
The programme for the eradication of child labour was in place and an institutional mechanism, a task force, had been created to deal with the phenomenon.
The school meals programme had been in place since 1998, and it had greatly contributed to school retention of children, especially for girls. Today, 21,000 schools participated in the programme and provided meals to students. The National Institute for Women had drawn up a bill on domestic workers which proposed a reform to the Labour Code.
In their follow-up questions and comments, Experts said that the total ban on abortion and its criminalization without exception, even when the life of the mother was in danger, was a violation of the right of women to health and in some cases amounted to torture. Such was the case of a 12-year-old girl victim of incest who was forced to carry a pregnancy to term. Experts urged Honduras to consider in the upcoming revision of the Penal Code, access to safe abortion, and to keep in mind that countries which banned abortion did not have fewer abortions than other countries, but had more women and girls dying from botched abortions.
The delegation said that the State had made a major effort to ensure access to education in remote and rural areas inhabited by indigenous peoples and Afro-descendants, and had introduced bilingual curricula in order to increase educational coverage.
Questions from the Experts
On social protection and economic empowerment of women, a Committee Expert noted the extremely high rates of poverty among the population, even in the context of constant economic growth. Honduras had the highest levels of inequality in Latin America.
What was the impact of programmes on poverty eradication, such as the Platform for Better Living or food bags, on the situation of poor women, and how were gender perspectives integrated in poverty eradication activities?
What were the criteria and conditions under which micro-credits could be obtained and were they available in the areas where they were most needed?
Another Expert noted that none of the programmes were able to reduce the vulnerabilities of rural women. Honduras, according to the World Meteorological Organization, was among the 10 most vulnerable countries to natural disasters during the 1990 to 2008 period, and was also among countries most vulnerable to climate change.
What was the policy to protect territories and persons from the effects of natural disasters and climate change and support their livelihood programmes?
Responses by the Delegation
The delegation said that there was a need for organizations in rural areas to have adequate representation and the capacity to implement the laws.
The policy against racism and racial discrimination looked at nine groups of indigenous peoples and Afro-Hondurans and it was being developed in consultation with indigenous and traditional leaders, including on issues of traditions and ancestral aspects of territories.
Questions from the Experts
A Committee Expert noted that the marriage of girls at the age of 16 was allowed in case of teenage pregnancy, which contributed to early marriage: 36 per cent of girls under the age of 18 were either married or lived in lawful unions.
The Constitutional amendment explicitly prohibited marriage and adoption by same sex couples.
Ana Aminta Madrid Paz, Minister for the National Institute of Women, introducing the reports, said that removing inequalities and ending different forms of violence that women faced was an utmost priority in Honduras. Honduras had successfully reduced maternal mortality rates from 108 to 73 per 100,000 live births, reduced the rate of extreme poverty from 47 per cent in 2001 to 39 per cent in 2014, and adopted the National Policy on Women and the Plan for Gender Equality 2010-2022. In order to fight violence against women, Honduras had criminalized femicide, created a Special Unit for the investigation of violent deaths of women and femicide in the Office of the Prosecutor, and adopted the National Plan to Combat Violence against Women 2014-2022. At municipal levels, Observatories for Coexistence and Security had been set up in 30 municipalities at a high risk of violence, and municipal action plans for the eradication of violence against women had also been created. Honduras recognized the growing trend of feminisation of migration, which was linked to the existence of organized criminal groups and the high incidence of societal violence; the high impact of domestic violence, femicide and sexual violence, and the impunity of perpetrators, were the root causes of the flight of women.
In the ensuing discussion, Committee Experts recognized the context of extreme violence, poverty, trans-national criminality, corruption, and impunity that exposed women to a particularly high risk of violations of their rights. The recent assassination of four human rights defenders, in addition to the killing of Berta Cáceres eight months ago, showed the alarming situation of human rights defenders. Violence against women, including femicide, was on the increase, impunity of perpetrators prevailed, and an overarching strategy to address the violence, including by organized gangs, was not yet in place. There was a total ban on abortion without exception, including in cases of rape, incest, or when the life of the mother was in danger. This was a violation of the right of women to health, and it could also amount to torture, for example in the case of a 12-year-old girl victim of incest forced to carry a pregnancy to term. Experts were also concerned about very high rates of teenage pregnancy, which perpetuated the cycle of poverty and violence experienced by girls. Although Honduras had registered constant economic growth in recent years, an extremely high proportion of the population continued to live in poverty – more than 60 per cent - making Honduras the country with the highest levels of inequality in Latin America.
In her concluding remarks, Ms. Madrid Paz said that progress had been made on women’s rights and more remained to be done to eliminate all forms of discrimination against women.
Yoko Hayashi, Committee Chairperson, commended Honduras for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
The delegation of Honduras included representatives of the National Institute of Women of Honduras, National Congress and Congressional Gender Commission, Office of the President, City of San Pedro Sula, and the Permanent Mission of Honduras to the United Nations Office at Geneva.
The next public meeting of the Committee will be at 10 a.m. on Friday, 4 November, when it is scheduled to examine the combined fifth and sixth periodic reports of Armenia (CEDAW/C/ARM/5-6).
Reports
The combined seventh and eighth periodic reports of Honduras can be read here: CEDAW/C/HND/7-8.
Presentation of the Reports
ANA AMINTA MADRID PAZ, Minister for the National Institute of Women of Honduras, said that the adoption of the 2030 Agenda in 2015 represented the renewed commitment of the international community, and Honduras had adapted its national framework to keep the country in line with the new international obligations and commitments. Removing inequalities and putting an end to different forms of violence that women faced was an utmost priority in Honduras. Thanks to measures taken in the area of health, maternal mortality had dropped from 108 to 73 per 100,000 live births, the birth rate had decreased from 3.3 to 2.9, and the number of clinics providing reproductive health services, including contraception to teenagers, had been increased to 28. Special attention was being given to the eradication of poverty: the rate of extreme poverty had decreased from 47 per cent in 2001 to 39 per cent in 2014. The initiative “Winds of Opportunities” was in place to provide information to women about available State programmes, and the “Women in the Cities” programme had been created in 2016 to provide integrated services to women, including on sexual and reproductive health, economic empowerment, violence against women, services to adolescents, and citizenship education.
The National Institute of Women was the key institution which ensured gender mainstreaming in social policies, human development, education and employment, and eradication of poverty among women, including through the National Policy on Women, the Plan for Gender Equality 2010-2022, gender mainstreaming in the planning and budgeting of public management, and strengthening of Municipal Offices of Women. In order to combat violence against women, Honduras had adopted the National Plan to Combat Violence against Women 2014-2022, reformed the Penal Code to include the crime of femicide, reformed the Public Prosecutor’s Office to create a Special Unit for the investigation of violent deaths of women and femicide, and created the National Inter-institutional Commission for follow-up to investigations of violent deaths of women. The Anti-Trafficking Act had been adopted in 2012, the capacity of shelters had been increased, and Honduras had also strengthened inter-institutional coordination to promote a rapid response to women victims of violence. Campaigns aimed at promoting a culture of non-violence and non-discrimination were in place, such as “Apply the law against domestic violence” aimed at judicial operators, “I am a woman and living without violence is my right”, and “No means no”, which addressed sexual harassment in the workplace and aimed to prevent dating violence.
Observatories for Coexistence and Security had been set up to help decision making to prevent and reduce violence in 30 municipalities at a high risk of violence, where municipal action plans for the eradication of violence against women had also been created. In 2015, Honduras had adopted the Law on Pay Equity between women and men, and in 2016, the Policy on Indigenous Peoples and Afro-Descendants with affirmative actions to promote non-discrimination against women from those population groups. In order to address the phenomenon of feminisation of migration, and the flight of unaccompanied children, the Government had issued an Emergency Decree and created a Task Force to prepare a strategic plan to address the situation. Ms. Madrid Paz recognized the existence of organized groups and the high incidence of social violence and violence against women, adding that the high impact of domestic violence, femicide and sexual violence, and the impunity of perpetrators, were the root causes of the flight of women. The State was dismantling gangs and recovering public spaces they used in order to positively influence the new generations.
Questions from the Experts
A Committee Expert noted the context of high criminality, violence and impunity in Honduras, and acknowledged the progress made since the last review, including the adoption of a number of laws, programmes and policies. Which human, material, financial and institutional capacities were available for their implementation?
What was the position of Honduras concerning the ratification of the Optional Protocol to the Convention? What was the timetable for the adoption of the law on comprehensive compensation for victims of human rights violations?
The recent assassination of four human rights defenders, in addition to the killing of Berta Cáceres eight months ago and the killing of other human rights defenders, showed how alarming the situation of human rights defenders was. Commending the recent adoption of the law on the protection of human rights defenders, the Expert asked about measures taken to ensure its operationalization and implementation, and about steps taken to stop the criminalization of activities of human rights defenders.
The Expert recalled that, following the coup d’état in 2011, the National Human Rights Commission had been downgraded to B status, which had been confirmed again in May 2016. What steps were being taken to implement measures to ensure that it acted as a central actor for the promotion and protection of women’s rights?
Two thirds of women presently in detention were in pre-trial detention and this indicated a completely dysfunctional system. What measures would be taken to address the issue and ensure women’s access to justice, as recommended by the Committee?
Responses by the Delegation
Responding to the question concerning the assassination of Berta Isabel Cáceres Flores, a human rights defender, the delegation said that a warrant had been issued for the arrest of a person who was currently in the United States. The authorities were following up on the extradition procedure. Six persons had been investigated and were currently deprived of liberty; the investigation was still open. The results to date had established the participation of a person linked to the company which ran projects that Berta Cáceres had opposed, which strengthened the hypothesis that the assassination was linked to her activities as a human rights defender
Institutional protocols had been set up, particularly in the police and the judiciary, concerning the follow-up of cases of violence against women and follow-up of cases of violent deaths of women. However, not all judicial procedures had such protocols and efforts were ongoing to establish inter-institutional protocols to remove complications in the investigation and prosecution of cases of violence against women.
The approval of the law on the protection of human rights defenders was evidence of the importance given to human rights defenders and the strengthening of the rule of law in a democratic State. Human rights defenders were considered a part of the system and infrastructure created under the law.
With regard to temporary militarization of the country, the delegation stressed that it was important to take into consideration the context of violence, including by organized crime, in order to understand the reasons for which Honduras had decided to use its armed forces to meet demands for the security of the population. Stressing that this was a temporary and exceptional measure, the delegation said that the armed forces were trained in human rights, and that control mechanisms - internal and external- were in place in order to supervise, monitor and deal with infractions.
In their follow-up questions, Experts noted the numerous human rights challenges that the people of Honduras were facing, and asked about the reasons for which issues of indigenous peoples and Afro-Descendants had been downgraded from a full-fledged Ministry to a sub-secretariat for human rights and justice and even lower-level entities. What political will was in place to ensure the accountability of the judicial system and to look into its legal responsibility for all violations of the law?
Answering the questions related to the status of the National Commission for Human Rights, the delegation said that the institution had been awarded status A because it had a constitutional ranking and was in keeping with the Paris Principles; following the 2011 coup d’état, the classification had been reduced to status B. Honduras was committed to ensuring that the Commission recovered status A and that it fully participated in the international human rights system.
Concerning the ratification of the Optional Protocol to the Convention, the delegation said that it was incumbent upon the National Congress to make the decision.
The delegation stressed that following a review and the constitutional reconfiguration, the issues related to indigenous peoples and Afro-Descendants were now under the aegis of the unit for social protection, development and social inclusion. The vision was not to minimize the importance on the public agenda of those vulnerable groups, but to improve the coordination of policies and programmes and ensure comprehensive care of those groups. A coordinated approach was particularly important in the context of meagre resources and high rates of poverty - 63 per cent of the people were poor and 39 per cent lived in extreme poverty – which significantly affected rural areas, indigenous communities and indigenous women.
In 2016, a total of $ 800,000 had been allocated for the implementation of the law on the protection of human rights defenders. The bill on comprehensive compensation to victims of human rights violations was currently being discussed, and there was a plan to open it to consultations with victims’ groups, for example victims of enforced disappearances. It was not possible to anticipate the date by which the law would be adopted, and the Government was determined to take appropriate time to propose the law that would adequately address the complex situation in the country.
Questions from the Experts
A Committee Expert took positive note of the legal and policy framework which aimed to achieve de facto equality; however, concerns remained about the implementation of the framework in practice, while the recent institutional restructuring had reduced the capacity of the National Institute of Women to manage national plans and programmes. In addition, gender budgeting was not being applied by institutions, which did not see gender equality as their clear priority.
What was the position and the level of the National Institute of Women in the institutional framework and did it enable adequate coordination of policies and programmes with ministries?
How did the Government demonstrate in practice its political will to address the phenomenon of increasing violence against women?
Another Expert noted that temporary special measures were not being used in areas in which women were disadvantaged, and asked about measures to raise awareness about the nature and scope of temporary special measures among members of the Congress, Parliament, political party officials, and State officials.
Responses by the Delegation
Responding, the delegation explained that the National Institute of Women depended on the Cabinet for Social Inclusion and participated in intra-sectoral meetings that took place there. The Institute supported the 292 Municipal Offices for Women, including though training activities delivered to 140 of them. The National Institute of Women had set up a permanent coordination mechanism which included 140 State institutions and ministries, it was working on setting up the Gender Observatory, and was working on operationalizing the National Policy on Women. The aim of all those measures was to move from policy to practice, in cooperation with civil society.
Municipal Offices of Women were strengthened and they were very important in influencing municipal policies and monitoring their implementation across the sectors. Honduras had in place the “single window” system for the delivery of integrated services to women and children in municipalities.
In order to promote the participation of women in the public sphere, a transitory measure of 30 per cent participation of women had been introduced, while the Electoral Law had been modified to introduce the system of rotation and 50 per cent participation for women. There was a strong resistance in the society to such measures, but there was also a strong desire of women to participate on a wider basis.
In follow-up questions, the delegation was asked how to overcome the deeply rooted stereotypes and the resistance among some groups of the society and the population to change and to eliminate multiple and intersecting forms of discrimination against women.
Questions from the Experts
A Committee Expert expressed concern about violence against women which was a growing scourge, including a very high incidence of domestic violence, and in particular about the very low rate of prosecution – there were only 124 convictions.
What were the obstacles in reporting cases of violence against women, investigating and prosecuting perpetrators, and which measures were being taken to ensure that there was no impunity?
The delegation was asked about the budget allocated to the National Plan to Combat Violence against Women, the situation of shelters of victims of violence and the plans to offer comprehensive services to victims.
Femicide had been criminalized and included as a specific crime in the 2013 Criminal Code, said the Expert and expressed concern about the lack of measures to prevent the crime from occurring in the first place, particularly in the light of an increase in the number of women killed. There were 629 cases of femicide reported last year, and some sources put the number of women killed over the last decade to almost 5,000 and most enjoyed impunity.
What steps were being taken to develop a more overarching strategy to address violence against women, including by organized gangs?
Another Expert noted that there were no specialized centres for assistance to victims of trafficking and asked about plans to set up long-term care centres. Prostitution was not illegal, but there were several groups of women particularly vulnerable to falling or being forced into prostitution. What strategy was in place to prevent prostitution of vulnerable groups, to support women who wished to exit prostitution, and to implement measures to address the demand side, and to protect women, including victims of trafficking, from being forced into prostitution in tourist centres?
Responses by the Delegation
Responding, the delegation confirmed that the National Plan of Action to combat violence against women to 2022 was in place and was being currently implemented. In addition, the National Institute for Women, with the assistance of civil society organizations, was drafting a comprehensive law on preventing violence against women.
Measures were in place to raise the awareness of judges on the correct application of the law against domestic violence, and the issue of domestic violence had been introduced in law schools. Campaigns on combatting violence against women were also taking place in schools in order to address gender stereotypes and macho attitudes among the youth, and in the private sector and academia to address the issues of sexual harassment in the workplace. There were 64 institutions and centres which provided care to women victims of violence against women and a number of youth groups and networks had been trained in issues of violence, sexual harassment and trafficking. The aim of campaigns was to create a new, non-violent model of masculinity.
Shelters were available for victims of violence, some were run by civil society organizations, others by municipal authorities. Shelters were only accessible to women who suffered extreme violence and did not have any family or network to support them.
Honduras was reforming its justice and law order and enforcement sectors. It had set up an Investigative Police in order to address structural gaps and insufficiencies in investigations and thus reduce the levels of impunity across various spheres. The Government carried out operations aimed at disbanding organized criminal groups and marras which were responsible for the high percentage of crimes, including the killing of women.
In their follow-up questions, the Experts asked about violence against girls at home by family members, including sexual violence, the situation of women in detention, and hate crimes against lesbian, bisexual and trans women.
The delegate said that the legislative framework already looked at hate crimes, while hatred was an aggravating circumstance for all crimes. The new Penal Code had hate crime as a specific and separate crime. The female prison population had grown from 11,000 to 17,000 and the State was building new prisons to reduce overcrowding and was also training specialized penitentiary officers.
Questions from the Experts
A Committee Expert commended the increased representation of women in Parliament, and asked about root causes for the low level of representation of women in decision-making bodies.
Data on the political participation of women from disadvantaged groups, such as rural women, indigenous and Afro-descendant women, was lacking; what was their representation at the national and local councils’ levels? What were the plans concerning the adoption of quotas for political representation of women?
What measures were being taken to protect women from political violence, including the timeframe for the adoption of a bill? Honduras could find the inspiration for the law in the Inter-Parliamentary Union report on sexism, harassment and violence against women Parliamentarians.
Another Expert asked what was being done to ensure birth registration for all throughout the country, particularly among rural and indigenous peoples, and to ensure that all returning migrants had identity documents.
Responses by the Delegation
In response to Experts’ questions, the delegation said that the Electoral Law had introduced quotas for the representation of women in electoral lists as well as sanctions for non-compliance by political parties. The implementation of the law would come into force at the next elections in 2017.
The Law on the Foreign Service was being reformed; it did not contain provisions on gender balance in representation. The representation of women in the Foreign Service was rather high, the Permanent Mission to the United Nations in New York was led by a woman, while the whole team of the Permanent Mission to the United Nations Office at Geneva was female, with the exception of the Permanent Representative.
The National Registry was working with mobile registry offices to ensure the birth registration of all new born children. A task force had been set up to facilitate the access of returning migrants to services delivered by the State, such as registering children and obtaining identity documents. Honduras was internationally recognized for the improvements made to the national registry of births.
Questions from the Experts
With regard to access to education, a Committee Expert noted the disparities that existed in the country, between boys and girls, urban and rural, poor and rich, stating that females from poor rural households were most likely to be out of school. This meant that indigenous and Afro-descendant girls were most affected.
What budgets were being allocated to facilitate access to school for girls from poor and rural areas? Did girls leave after secondary school because of personal choice or because educational opportunities were not there?
Considering that 69 per cent of all cases of sexual violence was committed against girls aged 12 to 18, it was likely that it was also taking place in school. Although Honduras had very high rates of teenage pregnancies, the full implementation of sexual and reproductive health education was obstructed by conservative elements in the Government.
Honduras had the highest rate of informal work in Latin America – more than 70 per cent; women worked in poor conditions, low pay, and a threat of violence. What steps were being taken by Labour Inspections to ensure that companies respected the Labour Law and what were the priority measures being taken to deal with sexual harassment at work?
What were the intentions concerning the decriminalization of abortion in cases of rape, incest, foetal abnormalities and the risk to the life of the mother? What studies were there on the impact of the ban on abortion, including the impact of unwanted pregnancies on the mental and psychical health of women victims of sexual violence?
Replies by the Delegation
Responding to the questions and comments made by the Committee Experts, the delegation said that programmes were underway to increase health coverage. Data from 2013 had shown that the maternal mortality rates had decreased, and progress had been made in other areas as well, including in reducing birth rates. In order to address the increasing rates of teenage pregnancies, including among girls under the age of 15, a multi-sectoral plan addressing teenage pregnancy had been rolled out. There were 34 clinics throughout the country which provided comprehensive access to health care to teenagers and young people.
The programme for the eradication of child labour was in place and an institutional mechanism, a task force, had been created to deal with the phenomenon.
The school meals programme had been in place since 1998, and it had greatly contributed to school retention of children, especially for girls. Today, 21,000 schools participated in the programme and provided meals to students. The National Institute for Women had drawn up a bill on domestic workers which proposed a reform to the Labour Code.
In their follow-up questions and comments, Experts said that the total ban on abortion and its criminalization without exception, even when the life of the mother was in danger, was a violation of the right of women to health and in some cases amounted to torture. Such was the case of a 12-year-old girl victim of incest who was forced to carry a pregnancy to term. Experts urged Honduras to consider in the upcoming revision of the Penal Code, access to safe abortion, and to keep in mind that countries which banned abortion did not have fewer abortions than other countries, but had more women and girls dying from botched abortions.
The delegation said that the State had made a major effort to ensure access to education in remote and rural areas inhabited by indigenous peoples and Afro-descendants, and had introduced bilingual curricula in order to increase educational coverage.
Questions from the Experts
On social protection and economic empowerment of women, a Committee Expert noted the extremely high rates of poverty among the population, even in the context of constant economic growth. Honduras had the highest levels of inequality in Latin America.
What was the impact of programmes on poverty eradication, such as the Platform for Better Living or food bags, on the situation of poor women, and how were gender perspectives integrated in poverty eradication activities?
What were the criteria and conditions under which micro-credits could be obtained and were they available in the areas where they were most needed?
Another Expert noted that none of the programmes were able to reduce the vulnerabilities of rural women. Honduras, according to the World Meteorological Organization, was among the 10 most vulnerable countries to natural disasters during the 1990 to 2008 period, and was also among countries most vulnerable to climate change.
What was the policy to protect territories and persons from the effects of natural disasters and climate change and support their livelihood programmes?
Responses by the Delegation
The delegation said that there was a need for organizations in rural areas to have adequate representation and the capacity to implement the laws.
The policy against racism and racial discrimination looked at nine groups of indigenous peoples and Afro-Hondurans and it was being developed in consultation with indigenous and traditional leaders, including on issues of traditions and ancestral aspects of territories.
Questions from the Experts
A Committee Expert noted that the marriage of girls at the age of 16 was allowed in case of teenage pregnancy, which contributed to early marriage: 36 per cent of girls under the age of 18 were either married or lived in lawful unions.
The Constitutional amendment explicitly prohibited marriage and adoption by same sex couples.
Responses by the Delegation
In response to the issues raised by the Experts, the delegation said that the reform of the Family Code concerning the age of marriage had been introduced in the legislative agenda and was currently being considered by Congress.
The recent reform of the Family Code had addressed the dissolution of
de facto unions and division of property, and this was important as it largely affected rural women.
Same sex marriages were not allowed in Honduras.
Concluding Remarks
ANA AMINTA MADRID PAZ, Minister for the National Institute of Women of Honduras, said that progress had been made on women’s rights and more remained to be done to eliminate all forms of discrimination against women.
YOKO HAYASHI, Committee Chairperson, commended Honduras for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of the more comprehensive implementation of the Convention throughout the State party.
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