Human Rights Committee discusses the report of Honduras

Human Rights Committee 

5 July 2017

The Human Rights Committee today concluded its consideration of the second periodic report of Honduras on the implementation of the provisions of the International Covenant on Civil and Political Rights.

Presenting the report, Rolando Argueta Perez, President of the Supreme Court of Justice of Honduras, reminded that Honduras recognized the universality, indivisibility and interdependence of all human rights, including the right to development.  Social peace and economic development were preconditions for the full realization of all human rights.  The Government was well aware that organized crime in the country had exacerbated the high level of violence.  The spread of criminal organizations known as “maras y pandillas” had a direct negative impact on the enjoyment of human rights by citizens, particularly of vulnerable groups, such as women and children.  Violence had caused the displacement of more than 174,000 people, and the seriousness of the problem had led to some structural reforms in the judiciary and the national police.

In the ensuing discussion, Experts welcomed the formation of a task force to combat corruption and impunity in 2016, and the hosting of a country Office of the High Commissioner for Human Rights.  However, they expressed deep concern over the continued high level of criminal violence and lack of accountability, as well as the highly restrictive abortion law.  They also highlighted the high rate of femicide and violence against women; violence against human rights defenders, journalists and leaders of indigenous communities; and the use of the criminal law to deal with peaceful protests.  Other concerns included the use of military forces and private security companies in securing public order, the high number of unresolved cases of enforced disappearances, alleged involvement of the police and the military in gang-related extrajudicial executions of minors, vulnerability of displaced persons, independence of the judiciary, overcrowding in prisons, and child labour and the situation of street children.  

In his concluding remarks, Mr. Argueta Perez said that the delegation tried to present all relevant information and fully reply to the many questions raised by Experts.  While the Government still had much to do, Mr. Argueta Perez noted it was fully committed to improving the respect for and protection of human rights in the country, and to openly participate in the dialogue with the Human Rights Committee.

Yuji Iwasawa, Committee Chairperson, recognized the Government’s efforts to address corruption and impunity.  Nevertheless, concerns remained about that issue, as well as about the work of the Truth and Reconciliation Commission, high level of violence and murder rates, extrajudicial executions, enforced disappearances, internal displacement, attacks against human rights defenders,  journalists and indigenous leaders, attacks against lesbian, gay, bisexual, transgender and intersex persons, child labour, and the right of indigenous peoples to their ancestral lands and their participation in public life.

The delegation of Honduras consisted of representatives of the Supreme Court, the Ministry of Justice and Human Rights, the Ministry of Labour and Social Security, the National Institute for Women, the Ministry of Defence, the National Penitentiary Institute, and the Permanent Mission of Honduras to the United Nations Office at Geneva.

The Committee will next meet in public on Thursday, 6 June, at 3 p.m. to consider the sixth periodic report of Mongolia (CCPR/C/MNG/6).

Report

The second periodic report of Honduras can be read here: CCPR/C/HND/Q/2.

Presentation of the Report

ROLANDO ARGUETA PEREZ, President of the Supreme Court of Justice of Honduras, reaffirmed the universality, indivisibility and interdependence of all human rights, including the right to development, and that social peace and economic development were preconditions for the full realization of all human rights.  The Government was well aware that the phenomenon of organized crime had exacerbated the level of violence in the country, leading to 86.5 violent deaths per 100,000 inhabitants in 2012.  The geographic location of Honduras was favourable for the installation of drug cartels and development of criminal organizations known as “maras y pandillas,” which had a direct negative impact on the enjoyment of human rights by citizens, and had particularly exacerbated the vulnerability of certain groups, such as women and children.  The general violence in the country caused the displacement of more than 174,000 people, and the seriousness of the problem had led to some structural reforms in the field of the judiciary and the national police. 

Under the auspices of the European Union, the Programme for the Support of Human Rights in Honduras had been implemented from 2013 until 2017 and it included a public awareness campaign entitled “Your Life, Your Rights,” which had begun on 24 February 2017.  A reform package in the penitentiary sector had been launched to foster social peace and implement the full realization of citizens’ rights.  Urgent measures had been taken to reduce prison overcrowding by 32 per cent and to improve the lives of persons deprived of liberty including by constructing new prison cells and the remodelling of the existing ones.  The National Institute for Juvenile Offenders had been created to reform the juvenile justice system and manage the rehabilitation of juvenile offenders.  Honduras had managed to decrease the homicide rate, which today stood at 53.5 per 100,000 inhabitants; nevertheless, the Government was aware that challenges in that respect remained. 

Turning to discrimination against women and children, Mr. Argueta Perez noted that the root causes could only be eradicated by addressing its structural causes and through economic empowerment.  The Government recognized that discrimination and violence particularly affected women in urban areas, indigenous women and women of African descent, who suffered from intersectional discrimination due to poverty, disability, sexual orientation and belonging to a certain group.  The Government had created an investigation unit and an inter-sectoral commission to deal with femicide and violent deaths of women.  Due to the second highest rate of adolescent pregnancies in the region, Honduras had redoubled its efforts to provide universal access to sexual and reproductive health services.  At the end of 2014, the President of Honduras had decided to close the Institute of Childhood and Family and to replace it with a new institution, namely the Directorate of Childhood, Adolescence and Family and so implement human rights-based and gender-based policies, in cooperation with the civil society and the international community. 

Within the framework of the “Live Better” platform, the Government had sought to improve access to health, education and nutrition for more than one million children, out of which 74 per cent lived in rural areas.  The protection of internally displaced persons was one of the priorities, which was why Honduras was participating in the negotiations leading up to the adoption of the Global Compact on Refugees.  Mr. Argueta Perez reaffirmed the commitment of Honduras to fighting trafficking in persons and sexual exploitation and said that it coordinated actions with neighbouring countries to that end.

The participation of the civil society in the process of the selection of judges, particularly those who dealt with the issue of the corruption had been improved.  The fight against public and private corruption was one of the highest priorities of the Government, which had created a special fiscal unit against impunity in corruption and a tribunal specialized in corruption matters.  Mr. Argueta Perez also acknowledged the importance and legitimacy of the role played by human rights defenders in the promotion of democracy and the rule of law, and said that, in addition to the Law on the Protection of Human Rights Defenders, the Supreme Court had created its own mechanism for the protection for human rights defenders. 

Questions by Committee Experts

Experts welcomed the establishment of a task force to combat the corruption and the hosting of a country Office of the High Commissioner for Human Rights, but highlighted the continued high level of criminal violence and the lack of accountability, as well as the criminalization of abortion as continued issues of concern.

Discussing the domestic implementation of the Covenant, Experts noted that only one specific invocation of the Covenant had been cited in the State party’s report.  What steps had been taken to educate judges and magistrates on the rights protected under the Covenant?  Experts observed that there had been no individual communications from Honduras, and inquired about the mechanism to ensure the implementation of the Committee’s recommendations with respect to the excessive use of force by the police, and the extrajudicial killings of children and street children.

Speaking of the rights of lesbian, gay, bisexual, transgender and intersex persons, Experts inquired about the comprehensive legal protection against discrimination on the basis of gender identity and sexual orientation.  What was the application of the law with respect to the recognition of the same-sex couples?  The Criminal Code made the discrimination on the basis of gender identity and sexual orientation a hate crime, but  there had been proposals to amend that provision - what was the status of those proposals?  The Act on Policing and Harmonious Social Relations gave authority to the police to arrest anyone violating public morals.  What was the number of lesbian, gay, bisexual, transgender and intersex persons detained under that act during the reporting period?  The Inter-American Commission on Human Rights had urged the Government to ensure the full recognition of the identity of transgender persons - what steps had been taken to implement that recommendation?

Honduras had one of the most restrictive abortion laws in the world, with a sentence of three to six years in prison for providers of abortion, Experts said and recalled that the Committee had already stated that a comprehensive criminalization of voluntary termination of pregnancy violated a number of provisions of the Covenant.  Domestic legislation prohibited abortion in all circumstances which was in violation of the Article 6 of the Covenant which protected the life of a pregnant women and not the life of the foetus.  Experts noted that there had been some 3,000 recorded abortions in Honduras in 2013 and asked if that statistics referred to illegal abortions or miscarriages, and what post-abortion care was available in the country.  It was estimated by the World Health Organization that between 51,000 and 82,000 women had unsafe abortions in Honduras each year, but due to the outbreak of the Zika virus in 2015 the resort to clandestine abortions had increased considerably.  What was the number of criminal charges of abortion brought against women, girls and physicians in the past five years? 

Since 2009 Honduras had prohibited access to contraceptives even to women who were victims of rape.  What efforts had been made to expand access to contraceptives, particularly to adolescent girls and boys?  As for sterilization without consent, what measures had been taken to remedy such practice?

The National Commission for Human Rights only partially complied with the Paris Principles and as such held a B status.  How was the independence and transparency of the selection of the Ombudsman ensured?  What was the budget received by the National Commission for Human Rights and what measures had been taken to achieve the status A?  The National Action Plan for Human Rights of 2013 had many references to the incorporation into municipal plans and training of municipal officials to ensure the implementation of the plan.  At what stage of the implementation was it, how many projects had been concluded, and in what areas?  What kinds of trainings had been held and how many officials had been trained?  What were the outcomes of the use of proposed indicators?

As for racial discrimination, what objectives had been set and what had been achieved by the National Commission against Racial Discrimination, Racism, Xenophobia and Other Related Forms of Intolerance? 

Turning to violence against women, Experts inquired about comprehensive care for victims of violence, the number of completed projects envisaged by the current national plan, specialized tribunals for domestic violence and the number of shelters.  How many judiciary and police officials had received training on gender-based violence?  Experts underlined the staggering rise in the number of violent deaths of women and girls, with the impunity surrounding the crime of femicide at 95 per cent.  What measures did the State party envisage to better protect victims of domestic and sexual violence? 

How many recommendations had been complied with in the framework of the work of the Truth and Reconciliation Commission?  Human rights defenders suffered various types of harassment, including murder: sixteen human rights defenders had been murdered since 2015, most notably Berta Cáceres.  What measures would be taken to safeguard the right to life of human rights defenders, and how the accountability and due process for cases of violence would be ensured?  What judicial measures could be taken to ensure that the Amnesty Decree of 2010 did not hinder the investigation into and prosecution of alleged perpetrators of human rights violations? 

With respect to increasing the participation of women in public and political life, there seemed to be a contradiction in relevant laws.  What was the percentage of women in popularly elected posts?  What was the status of legislative initiatives to reform the Family, Civil and Labour Codes that reflected stereotypes on women’s roles? 

The delegation was asked a series of questions about femicides, such as whether there had been any inconsistencies in data provided on the number of cases, how the State planned to reduce the level of femicide, and the preventive measures taken to combat the impunity for the crime.  There was no information about the compensation provided to the victims of femicide and their families, they noted. 

What measures had been adopted to address violence against sex workers? 

What steps were taken to guarantee the security of indigenous and Afro-Honduran peoples, to investigate murders of indigenous leaders, and to provide access to social services, education, health, employment and land to women from those groups?

What consultations had been held with persons with disabilities on relevant bills?    

As for torture, ill-treatment and excessive use of force, what cases had been prosecuted and what types of sanctions had been imposed?  What types of compensation had been decided?  Had the State party taken any steps to amend the Criminal Code to define the crime of torture?  Concerns had been heard regarding the conduct of private security companies - who monitored their conduct and did employees pass criminal background checks?  What action had the State taken to transfer the management of prisons from military to civilian authorities?  How many complaints of torture had been reported and resolved?  Only eighteen proceedings had been instituted with respect to the attempted 2009 coup - what could explain such a low rate?

The way in which the State responded to criminal violence was limited and the funding of relevant projects depended on foreign assistance.  A task force was formed to dismantle criminal gang activity, but  Experts highlighted the very low level of accountability, with only 29 per cent of police complaints passed on to the Attorney General.  What programmes were in place for boys who refused to join gangs?  Did law enforcement personnel have sufficient training to identify victims, including from a gender-sensitive perspective?

The operation of private security companies was regulated by law and the national police was responsible for their monitoring.  However, the private security personnel by far outnumbered the national police, raising the question about the effectiveness of the monitoring function of police.  Experts also expressed concern over the laws regulating the possession of weapons and asked about measures to prevent registered weapons from reaching unregistered users.  There were reports of the recruitment of children into armed forces.

As for enforced disappearances, there were many unresolved cases.  What was the exact number of disappeared persons?  There were still reports alleging the involvement of the police and military in gang-related extrajudicial executions of minors.  How did the State party make sure they were not isolated cases and did not amount to “social cleansing”?  Why was the process of police certification taking so long?  When would the trend of introducing new military units into police forces be reversed?  In light of the draft bill on the use of force, an Expert asked for a clarification of the role of the military in policing, and inquired about the commitment of the State party to transferring the power from the military to police.

A legal framework was being developed to address the needs of vulnerable displaced persons.  What measures were taken to protect the youth from being recruited in criminal gangs?   

What was the percentage of black people in Honduras and how were they represented in public life?  Why was it that they did not feature in public life?

Replies by the Delegation

Responding to the questions and comments raised by the Committee Experts, the delegation provided additional examples of court cases invoking the Covenant, such as a sentence issued by a court of cassation in 2017 and an instruction in writing by the Attorney General, relating to the rights of elderly people and pensions.  As for the training of judges, magistrates and other judiciary staff, the Attorney General had mandated academic teaching sessions on invoking and applying the provisions of the Covenant.  The delegation explained that the follow-up to the recommendations of the United Nations human rights bodies was done through an Internet platform.    

Training on sexual diversity had been provided to some 100,000 State officials, and human resources had been strengthened to facilitate the investigation of discrimination and murder on the basis of gender identity and sexual orientation.  Discrimination was one of the aggravating factors in various domestic laws.  As for the progress in the national action plan on human rights, a review had been conducted in cooperation with the European Union and a dialogue forum had been created, comprising the Government and civil society, to discuss human rights public policies, challenges and progress.  The National Commission Against Racial Discrimination was working on issues relevant to indigenous peoples and Afro-Hondurans.  

The national human rights institution had been strengthened in terms of its budget; it had a constitutional ranking and the mandate to investigate human rights violations.  The General Prosecutor for Human Rights had been unanimously elected, which demonstrated that the national human rights institution had complied with the Paris Principles.  

The Commission on Displaced Persons was looking to address the situation of some 800,000 internally displaced persons and was working with the municipalities most affected by internal displacement.  The planned actions were scheduled to start in July 2017. 

The National Policy on Women and the Second National Plan for Gender Equality and Equity 2010-2022 envisaged the application of gender equity plans through an inter-sectoral approach.  Efforts had been undertaken to promote women’s participation in public and political life in all regions of the country and in cooperation with all political parties.  Reforms of the Family Code were under way, as well as measures to achieve wage equality.  Measures to combat femicide, domestic violence and violence against women included national and municipal action plans, local observatories, various public campaigns, laws, protection centres and shelters, and capacity-building and trainings for victims of violence. 

There was a national preventive strategy for adolescent pregnancies, including adolescent pregnancy clinics.  There was currently no women deprived of liberty due to abortion.  There were no studies on maternal mortality in Honduras.  The Government had been working to undertake preventive measures against the Zika virus.

In compliance with the recommendations made by the Committee on the Rights of the Child, Honduras had opened a new department to guide and review comprehensive national policy on boys, girls and adolescents.  The focus was on the prevention on violence, assistance and the protection of the rights of the children who had fallen outside the State protection system.  One of the concerns was the situation of street children, which was linked with the phenomenon of begging.  The Government of Canada had provided funds to address that problem.  Six regional offices had been set up to work on the issue of violation of the rights of children.  A new model for outsourcing had been established in order to foster public-private partnerships.  A mapping exercise with non-governmental organizations had been carried out in order to identify different issues and needs of children and adolescents.

The Government of Honduras had been promoting the “Live Better” platform, with 62 per cent of women benefitting from the programme, and ten per cent of beneficiaries declaring that they belonged to indigenous peoples.  The platform sought to improve access to education, employment and housing for various vulnerable groups.  The coverage of the programme to date was not sufficient, but the Government had been working with the University of Oxford to address gaps.

Addressing the question on the alleged recruitment of children during the 2009 coup by the armed forces, the delegation noted that the Government’s investigation had revealed that no minors had been recruited during those events.  Recently, 27 investigators had been appointed to work on the cases of harassment and murder of human rights defenders.  The legal framework had been strengthened to effectively protect human rights defenders through measures such as risk assessment.  

The Government had sought to designate civilians to head the national penitentiary system.  Nine new prisons had been opened to overcome prison overcrowding and to ensure social reintegration of the prisoners.  

The military police received instructions on the code of conduct and the use of force in line with the law in order to prevent human rights violations.  Joint coordinated task forces had been established with El Salvador and Guatemala to decrease criminal activity in the border regions.  A new training curriculum for police forces, with a strong component in human rights, had been introduced.  A programme entitled “Great” dealt with gang resistance among young people.  The proportion of the military forces doing police work was expected to decline as the police became empowered to perform policing independently.  Private security companies were expected to conduct various psychological and background checks for their employees.

The delegation clarified that three persons had been prosecuted and awaited trial in the case of human rights defender Berta Cáceres, and two ministers had been held responsible for having given a permission to corporations working in the area where Ms. Cáceres had been active.  It was regrettable that the dossier on the case of Ms. Cáceres had been lost last year, and accordingly an investigation had been opened.  As for the cases pertaining to indigenous communities, 56 cases had been processed and eleven different complaints had been lodged.  The Special Human Rights Prosecutor had created a special procedure to look into the cases of discrimination against lesbian, gay, bisexual, transgender and intersex persons. 

The selection procedure for the members of the national human rights institution consisted of public hearings, with the participation of civil society, and its budget had been increasing year after year. 

The delegation further explained that the figure of 174,000 displaced persons was an outcome of a study on internal mobility in Honduras, and also said that the human rights-based approach in municipal action plans had begun in 2013 in order to meet the needs of the most vulnerable groups.  In 2013, people of African descent made up 0.66 per cent of the total population of Honduras.  

The majority in the parliament was in favour in keeping abortion as a crime in the Criminal Code, said the delegation and reaffirmed the intention of the parliament to address the Committee’s recommendations with respect to the definition of torture.

Questions by Committee Experts

With regards to legal safeguards upon arrest, legal aid and the length of pre-trial detention, Experts noted that 50 per cent of detainees had not been tried, and asked whether the time spent in pre-trial detention was deducted from the sentence.  How did the State party collect data on the number of people in pre-trial detention?  What efforts had been made to ensure that detention registers were properly maintained?  How many doctors had received training on early detection of torture and ill-treatment?  Was free assistance of interpreters available to those charged of criminal offences? 

Speaking about prison conditions, Experts reminded that out of the 112 people who had died in prison, 62 had been determined to have died due to violent causes and noted that the current prison population of the San Pedro Sula prison stood at 18,024 which was almost 40 per cent over capacity.  Was there a strategic plan in place to define timelines to resolve the overcrowding problem?  Why were there no sanctions for the case of 107 deaths in the San Pedro Sula prison and was any official been convicted for incidents in the El Porvenir and San Pedro Sula prison?  What was Honduras doing to fully implement the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and to ensure an independent judicial oversight of the prison staff?  Highly dangerous inmates had been subject to prolonged periods of isolation – what was being done to ensure they were treated in line with the Mandela Rules?  What steps had been taken to improve conditions in juvenile prison facilities?

As for the independence of the judiciary, what measures were in place to ensure that the judges received a fair review process?  Some judges and magistrates were reportedly obliged to take polygraph tests - did the refusal to take them constitute grounds for dismissal?  What steps did the State party intend to take in order to adopt a new law to guarantee that judges would be appointed by a truly independent body?  According to the 2015 decision of the Inter-American Court of Human Rights in the case of López Lone, Honduras had been found in violation of international standards on judicial independence and impartiality.  What steps had been taken to reinstate the suspended judges of the Constitutional Chamber?

Turning to the issue of child labour, the Experts asked about steps taken to eliminate the worst forms of child labour among indigenous children and children of African descent in rural areas; the budget of the Labour Inspectorate devoted to tackling child labour; the number of children benefiting from rehabilitation and reintegration programmes; and actions taken to eradicate domestic child labour.  What were the legislative provisions to prohibit corporal punishment within family, school and institutions?  What measures were adopted to foster consistent birth registration among indigenous communities, particularly among the Miskito people? 

What was the number of women in detention, how many were pregnant, and how many were accompanied by their children?  Given that 43 per cent of the population consisted of children and adolescents, the State should strengthen child and adolescent care programmes.  Were there any estimates of the number of street children?  What were the main causes of that phenomenon?

With regards to trafficking in persons, the delegation was asked about the number of victims of trafficking detected over the past three years and how many were children, about the fundamental concerns of the national plan to combat trafficking and sexual exploitation, the number of reported cases of trafficking from 2015 to 2017 and the number of charges brought.

Speaking of the issue of impunity, Experts inquired about the Government’s explanation of the overall low rate of criminal investigations and prosecutions.  How did the State party plan to deal with the backlog of cases, and with the cases of the so-called “social cleansing”?  How did the increased criminality affect law and order in everyday life?  There had been reports of private sector companies’ alleged involvement in violence against human rights defenders.  What exact legislation was in place to regulate the possession of weapons?

As for the enforced disappearances, how many cases was the State party cognizant of and how many were in the active investigation stage?  What was the general plan for the transition from the military to the police in maintaining public order? 

With respect to the interception of private communications, what were the specific grounds that allowed the Government to monitor online communications, was it only for dealing with terrorist crimes or for general police investigations?  What safeguards were in place to prevent abuse?  Did victims of unlawful surveillance have the right to remedy? 

Speaking of the fight against corruption, Experts welcomed the establishment of a task force to combat corruption, along the lines of the Guatemala model, and then raised the concern that the actual number of complaints was relatively low and that the work of the task force was not sufficiently transparent and independent.

In the light of the upcoming elections,  did the Government consider using international observers again?  There were previously concerns of the harassment of international observers, which had raised the problems of vote buying and the accuracy of the voting list.  Did the State party take steps to ensure the safety of opposition candidates?  What was the term of the Presidency?

An Expert reiterated the question about non-consensual sterilization of persons living with HIV/AIDS.  Referring to abortion, she reminded of the underrepresentation of women in the parliament, which had voted to keep abortion as a criminal offence, underlining that legislation regulating such issues should not be subject to popular votes.   

The continuing pattern of the unpunished murders of indigenous rights activists was disturbing, as well as the use of the criminal law to prevent their peaceful protests.  How many human rights defenders had received protection measures?  What was done to reduce the level of impunity for attacks and threats against human rights defenders?  What was the number of cases tracked by the Office of Special Prosecutors for Human Rights with respect to lesbian, gay, bisexual, transgender and intersex persons?  Coming back to the case of Berta Cáceres, Experts reminded that besides the prosecution of the killer, no other persons above that level had been found responsible. 

Experts expressed general concern over the State party’s resort to the criminalization of peaceful social protests, such as student protests, and the overall stigmatization of human rights defenders.  Full participation of indigenous communities had not been ensured in judicial processes that concerned their land and other rights, such as in the drafting process of the draft law on prior, free and informed consultation of indigenous communities or in development and natural resources projects.  There was a concern about the lack of representation of the Afro-Honduran communities in public institutions.

What more could be done to reduce the high murder rate?  Experts questioned whether the continuation of militarization would indeed decrease violence in the long run, noting that fostering good governance and fighting corruption should also be part of the effort. 

Replies by the Delegation

In response to those questions, the delegation said that there were mechanisms and resources available to provide free interpreting services to persons charged with offences.  The budget of the Public Defender had increased by eleven per cent since 2013, and the Office and some universities provided free legal assistance. 

The problem of overcrowding in the San Pedro Sula prison would be resolved by transferring a certain number of prisoners to a new prison facility.  Six pregnant women in detention were in separate units with gynaecological services available and the provisions were made to allow children to stay with their mothers in detention.  The national penitentiary authorities were working to improve the provision of drinking water in prison facilities, as well as healthcare services.  Given the lack of penitentiary facilities, it was not possible to comply with separation rules.  As for the role of the military in governing the penitentiary system, it was concluded that it provided important security services.     

With regards to the investigation of the deaths in the San Pedro Sula prison and other places of detention, criminal charges had been brought against responsible officials and guards, and compensation would be provided to the families of victims.   

The Court Inspectorate ensured the due process and the conduct of judges, said the delegation and confirmed that there was no specific requirement for judges to take the polygraph test, which was only one in a series of tests they had to take.  In addition to the judiciary, civil society also took part in the selection process for judges.  Last year, Honduras had signed a convention with the Organization of American States Support Mission Against Corruption and Impunity and worked closely with it. 

The Government had complied with the majority of points of the ruling of the Inter-American Court of Human Rights in the case of López Lone, but it was established that it was not possible to reinstate the four judges of the Supreme Court; they were entitled to claim compensation.  As for the 2011 law on interception of communications, it could be used only in cases of organized crime, and had to be ordered by a judge and signed by a prosecutor.  

The delegation explained that several representatives of the indigenous Garifuna people held high positions in public offices, and that there were programmes that ensured the usage of their language and better participation in communal life. 

The Government of Honduras had thought about changing its land policy which affected indigenous peoples and Afro-Honduran communities in order to deal with the issue of usurpation of land.  A project of mapping indigenous lands had been launched in order to settle any potential disputes.  The Government fully recognized the right of indigenous peoples and Afro-Honduran communities to prior, free and informed consultation in development and natural resources projects. 

Most cases of trafficking in persons were related to sexual trafficking.  In 2016 and 2017  57 victims of trafficking had been identified, while 26 complaints had been prosecuted in 2017.  Victims benefited from public programmes, such as special lines of credit for housing. 

The Law on the Protection of Human Rights Defenders and Journalists stipulated protection measures, such as risk assessment, police escort, hot-panic buttons, job reassignment, psychological assistance, and public recognition of their work.  None of those measures were implemented without the agreement of the affected persons. 

The Government was working with the Global Infancy from Peru to come up with a census on street children, and to identify the most vulnerable children who could benefit from the “Live Better” platform.  There was some success in the reduction of the number of street children, the phenomenon which was due to multiple causes, such as poverty, lack of opportunity and human trafficking.   With the support from the Government of Canada, the Government of Honduras had visited Paraguay to review, strengthen and build children-related policies and programmes.  Due to the recent legal reforms, corporal punishment was seen as a crime.          

With the support of the International Labour Organization and the European Union, the Government had conducted training programmes for labour inspectors.  Child labour was dealt with in national plans for the prevention and eradication of child labour, in cooperation with labour unions.   Education strategies and financial mechanisms were in place to promote decent work.  The coffee sector had recently joined those efforts, in addition to cooperation with Brazil. 

The participation of the military in securing public order was a pressing issue given the gravity of the security problem in the country.  Under the national plan 2010-2020, the key focus was establishing peace and public security through a community police model, with an emphasis on human rights.  The shared responsibility of citizens vis-à-vis violence and crime endowed local governments with powers to reduce the homicide rate.  A technical committee had been established to share validated data on crimes, investigations and impunity.  Prevention programmes, mainly targeting children and young people, entitled “For My Neighbourhood” aimed to provide opportunities outside drugs and gangs. 

All necessary resources had been provided to ensure the security of all candidates in the upcoming elections.

There was a plan to gradually reduce the involvement of the military in securing public order and fighting corruption. 

Follow-up Questions and Answers

Experts reminded the delegation of the use of the Criminal Law against human rights defenders and peaceful protesters, as well as of the criminalization of defamation and libel.  They also raised the issue of recent attacks on the daughters of Berta Cáceres.

The delegation explained that progress had been made in investigating the attacks against the daughters of Berta Cáceres.  The Criminal Code stipulated fines for the offence of defamation and libel. 

Concluding remarks

ROLANDO ARGUETA PEREZ, President of the Supreme Court of Justice of Honduras, paid tribute to the national human rights institution of Honduras, noting that the delegation had tried to present all relevant information and full replies to the many questions raised by Experts.  The Government of Honduras made it clear that it had all the relevant information, and that it would observe and follow up on all of the Committee’s observations.  While recognizing that there was still much to do, the Government was committed to improving the respect for and protection of human rights in the country, and was open to fully participate in the dialogue with the Committee.

YUJI IWASAWA, Committee Chairperson, thanked the delegation for its contribution to the Committee’s work and its efforts to respond to all questions.  Experts recognized the Government’s efforts to address corruption and impunity.  Nevertheless, concerns remained about that issue, as well as about the work of the Truth and Reconciliation Commission, high level of violence and murder rates, extrajudicial executions, enforced disappearances, internally displaced persons, attacks against human rights defenders,  journalists and leaders of indigenous communities, attacks against lesbian, gay, bisexual, transgender and intersex persons, child labour, the right of indigenous peoples to their ancestral lands and their participation in public life.

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