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Report on the Human Rights Situation in Honduras 2016-2017, Tegucigalpa, December 2017, P OEA/Ser.L/V/II. Doc. 146 27 August 2019 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Human Rights Situation in Honduras 2019 cidh.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Human rights situation in Honduras, 2019 : Approved by the Inter-American Commission on Human Rights on August 27, 2019. p. ; cm. (OAS. Official records ; OEA/Ser.L/V/II) ISBN 978-0-8270-7046-2 1. Human rights—Honduras. 2. Civil rights—Honduras. I. Title. II. Series. OEA/Ser.L/V/II. Doc.146/19 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Esmeralda Arosemena Bernal de Troitiño Joel Hernández García Antonia Urrejola Margarette May Macaulay Flávia Piovesan Julissa Mantilla Falcón Edgar Stuardo Ralón Orellana Executive Secretary Paulo Abrão Chief of Staff of the Executive Secretariat of the IACHR Fernanda Dos Anjos Assistant Executive Secretary for Monitoring, Promotion and Technical Cooperation María Claudia Pulido Assistant Executive Secretary for Cases and Petitions Marisol Blanchard In collaboration with: Edison Lanza, Special Rapporteur for Freedom of Expression Soledad García Muñoz, Special Rapporteur on Economic, Social, Cultural, and Environmental Rights (ESCER) Approved by the Inter-American Commission on Human Rights on August 27, 2019 TABLE OF CONTENTS EXECUTIVE SUMMARY 11 CHAPTER 1| INTRODUCTION 17 CHAPTER 2 | DEMOCRATIC INSTITUTIONS AND THE RULE OF LAW 23 A. Post-Electoral Conflict 25 B. Citizen Security 34 C. Administration of Justice 43 D. Freedom of Expression 51 CHAPTER 3 | INEQUALITY, POVERTY AND EXCLUSION: ECONOMIC, SOCIAL, CULTURAL AND ENVIRONMENTAL RIGHTS 63 CHAPTER 4 | PARTICULAR SITUATION OF GROUPS OF SPECIAL CONCERN 75 A. Human Rights Defenders and Justice Operators 75 B. Indigenous Peoples and Afro-Descendants 89 C. Children and Adolescents 100 D. Women112 E. LGBTI Persons 120 F. Internally displaced persons 126 G. Migrants, People in Need of International Protection and Returnees 131 H. Persons Deprived of Liberty 138 CHAPTER 5 | CONCLUSIONS AND RECOMMENDATIONS 155 EXECUTIVE SUMMARY Executive Summary | 11 EXECUTIVE SUMMARY 1. In this report, the Inter-American Commission on Human Rights (IACHR, Commission or Inter-American Commission) addresses the human rights situation in Honduras, with emphasis on the post-electoral conflict, citizen security, administration of justice, freedom of expression, the situation of economic, social, cultural and environmental rights. It also analyzes in particular the situation of groups and persons of special concern, including women; children and adolescents; lesbian, gay, bisexual, trans and intersex (LGBTI) persons; human rights defenders and justice operators; persons deprived of liberty; indigenous peoples, Afro- descendants and Garifuna communities; internally displaced persons; as well as migrants, asylum-seekers and other persons in the context of human mobility. It also offers recommendations to assist the Honduran State in strengthening its efforts to protect and guarantee human rights in the country. 2. In recent years, the IACHR has been monitoring the human rights situation in Honduras through different monitoring mechanisms. These include thematic and country hearings, the system of cases and petitions, the system of precautionary measures, requests for information, visits by rapporteurs, among others. In its country report on the situation of human rights in Honduras issued in 2015, the IACHR noted the existence of structural issues that have affected the enjoyment of human rights of its inhabitants for decades. It also indicated that since the 2009 coup d'état, there have been violations of rights that have seriously affected the Honduran population, the effects or repercussions of which have persisted and have made the situation in the country more complex. During its on-site visit in 2018, the IACHR noted the persistence of structural problems such as poverty, inequality and discrimination, corruption, institutional weakness and impunity. 3. The IACHR appreciates the measures adopted by the State of Honduras to address some of the situations described in the report. In particular, it recognizes the creation of the Secretariat of State in the Office of Human Rights in order to promote and implement the Public Policy and National Plan of Action on Human Rights. It also welcomes the creation and implementation of the System of Recommendations of Honduras (SIMOREH) in order to follow up on the recommendations made to the State of Honduras by the various international and regional mechanisms for the protection of human rights. It also recognizes the adoption of the Police Career Act and the efforts made to reduce the overall homicide rate and to strengthen and professionalize the police. It also recognizes the establishment of the Special Prosecutor's Office for the Protection of Human Rights Defenders, Journalists, Social Communicators and Justice Operators, as well as the expressed commitment to continue strengthening the National Protection Mechanism. Inter-American Commission on Human Rights | IACHR 12 | Human Rights Situation in Honduras 4. The IACHR also takes note of the Honduran State's recognition of the existence of a situation of internal displacement in its territory, as well as the criminalization of the crime of internal displacement under article 248 of the new Criminal Code and the creation of the Directorate for the Protection of Persons Internally Displaced by Violence. It also highlights efforts to strengthen the care of returned migrants. In addition, the Commission appreciates the measures taken by the State to guarantee the rights of persons deprived of their liberty, such as the increase in the budget in 2017, the processes initiated to identify persons subject to pre-release benefits, the establishment of electronic surveillance as an alternative to pretrial detention, and carrying out virtual hearings. 5. The 2017 electoral process and the context of violence that followed the elections, which included the disproportionate use of public force and the lack of progress in investigations to date, together with information pointing to a growing concentration of the Executive Branch over the Legislative and Judicial branches, has repercussions on the lack of citizen trust in public and political institutions. In addition, inequality and the lack of opportunities for broad sectors of the population -consisting mostly of young people- are rooted in a system that, according to the testimonies gathered, benefits a few who have relations with high spheres of political and economic power. These situations disproportionately affect people in vulnerable situations, which generate clear inequality and impacts on the effective enjoyment of their human rights. 6. The Inter-American Commission has been monitoring for years the high levels of citizen insecurity in Honduras and its effects on the effective enjoyment of human rights. The State recognizes that in the last decade it has been one of the most violent countries in the world, and that drug trafficking and organized crime are factors generating violence, which have infiltrated several State institutions. During its visit to the country in 2018, the IACHR continued to receive information on the intervention of the military police, the militarization of the penitentiary function and its involvement in civic and educational training, such as the program for children and adolescents “Guardianes de la Patria”, which was referred to by the IACHR in its 2015 report. Likewise, the army performs security functions in areas where there are land conflicts, such as Bajo Aguán, a situation that the IACHR continues to monitor. Although the State indicated that the cessation of military support in public security tasks will be progressive and that in several municipalities of the country there is no presence of the Military Police of Public Order (PMOP), the IACHR reiterates that the maintenance of public order and citizen security should be primarily reserved for civilian police forces; and that according to inter-American jurisprudence when the army participates in security tasks, it should be extraordinarily, subordinated and complementary, regulated and supervised. 7. The IACHR encountered critical levels of impunity and inadequate and insufficient attention to victims and their families. The lack of access to justice has created a situation of structural impunity that has the effect of perpetuating and, in certain cases, favoring the repetition of serious human rights violations. Civil society organizations informed the IACHR of the existence of what they consider to be "selective justice", which on the one hand, acts late without offering an effective response in relation to human rights violations, and, on the other hand, would act in Organization of American States | OAS Executive Summary | 13 favor of the interests of various actors linked to public, political, and business power. Likewise, challenges persist that weaken the guarantee of independence and impartiality, such as the lack of sufficient guarantees of independence of the oversight bodies of judges. This is due to the fact that the Supreme Court’s excessive control continues to prevail both in the system of appointment and removal of judges. 8. The Commission emphasizes that in order for there to be full enjoyment of human rights, it is essential for Honduras to advance in its democratic institutional process, guarantee a genuine separation of powers and strengthen the rule of law. In this context, it is
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