In Dialogue with Honduras, the Human Rights Committee Praises Efforts to Increase Access to Emergency Contraception, Asks about the State of Emergency and Forced Removals of Indigenous Communities
The Human Rights Committee today concluded its consideration of the third periodic report of Honduras on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s efforts to increase access to emergency contraception, and raising issues concerning the state of emergency and forced removals of indigenous communities.
A Committee Expert commended the State party for working to increase access to the emergency contraceptive pill. How was it increasing access to the pill in rural areas?
The state of emergency in Honduras had become endemic, one Committee Expert said. Extended powers had been provided to the police to fight gangs, while severe restrictions had been placed on citizens’ rights, including the right to freedom of movement. There had been allegations of serious human rights violations, including enforced disappearance, torture and extrajudicial killings. Would the state of emergency be put to an end quickly? How was the State party overseeing the situation?
Another Expert said forcible removals had affected indigenous communities. There were reports of excessive use of force during these removals by the national police; 15 persons had been injured in one incident. There were also reports of widespread violence and enforced disappearance committed against the Garifuna community. What measures were in place to address impunity related to these incidents?
Angélica Lizeth Álvarez, Secretary of State in the Ministry of Human Rights of Honduras and head of the delegation, presenting the report, said this year marked the fifteenth anniversary of the coup d'état, an event that marked a setback for human rights, as well as the starting point of a dictatorship era. The 2021 elections heralded the end of the dictatorship and the beginning of the term of the first woman President in the country.
Ms. Lizeth Álvarez said the state of emergency was established in December 2022 as a more effective strategy in the fight against organised crime. The delegation added that the duration of state of emergency measures was constantly being assessed. A bill was before the National Congress on revising the security doctrine. There had been five times more human rights training provided to the armed forces in 2024 compared to 2021, and each battalion had a human rights section that could receive complaints related to human rights violations.
The State party was providing access to emergency contraceptive pills and training health practitioners in this regard, the delegation said. Regional Ministry of Health offices were distributing emergency contraceptive pills to local health centres. A guidebook on family planning had also been developed.
The delegation also said that the National Congress had approved legislation to protect the Garifuna community and promote their culture and language. A new bill on free, prior and informed consent and preventative evictions that was in line with international standards was currently being developed. Monthly training was provided to authorities on the rights of indigenous persons. There had been a sharp decrease in the number of complaints from indigenous peoples in recent years.
In concluding remarks, Ms. Lizeth Álvarez said Honduras wished to comply with its international human rights obligations. It was important to address issues related to both civil and political rights and economic, social and cultural rights in the State, including national debt and restrictions on access to funding.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had addressed past human rights violations, violence against women, abortion, deaths in detention, trafficking, freedom of expression, and the protection of human rights defenders, among other topics. The Committee sought the highest level of implementation of the Covenant in Honduras.
The delegation of Honduras was made up of representatives of the Office of the Attorney General of the Republic; Supreme Court of Justice; Ministry of Defence; Ministry of Security; National Penitentiary Institute; National Congress; Ministry of Human Rights; and the Permanent Mission of Honduras to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-first session is being held from 1 to 23 July 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Tuesday, 9 July, to begin its consideration of the second periodic report of Maldives (CCPR/C/MDV/2).
Report
The Committee has before it the third periodic report of Honduras (CCPR/C/HND/3).
Presentation of the Report
ANGÉLICA LIZETH ÁLVAREZ, Secretary of State in the Ministry of Human Rights of Honduras and head of the delegation, said this year marked the fifteenth anniversary of the coup d'état, an event that marked a setback for human rights, as well as the starting point of a dictatorship era. The 2021 elections heralded the end of the dictatorship and the beginning of the term of the first woman President in the country.
President Castro had taken on the task of restoring the weakened public administration. She had created secretariats for social development; women’s affairs; transparency and the fight against corruption; cultures, arts and heritage of the people of Honduras; and children, adolescents and the family, as well as the National Coordination of indigenous and Afro-Honduran peoples. Laws that violated human rights were repealed, including the law on employment and economic development zones, and the law on the classification of public documents on national security and defence. The corrupt trusts that violated public finances were also repealed, and a draft tax justice law was presented to the National Congress.
With respect to human rights violations committed in the past, from 2022 to date, the State party had approved the law for the reconstruction of the constitutional rule of law, and created programmes for the care of the families of the martyrs of the resistance, and for memory, truth, reparation, justice and non-repetition. The Museum of Memory and Reconciliation was also inaugurated, and the National Centre for Historical Memory was created.
When President Castro took over, Honduras had a homicide rate of 41.71 per 100,000 inhabitants. Thanks to the measures she had implemented, by 2023, the rate was reduced to 34.03 per cent. To combat organised crime, the Anti-Mara and Gang Police Directorate was created in 2022. The state of emergency was established in December 2022, which allowed for the implementation of a more effective strategy in the fight against organised crime. The Government had approved a manual that guided law enforcement officers on the appropriate use of force and firearms.
Between 2021 and 2023, the Ministry of National Defence increased its training in human rights, international humanitarian law, the use of force, and gender equity. In addition, human rights departments were created in security services. The Ministry of Defence had 77 instructors trained in the use of force by the International Committee of the Red Cross.
After the unfortunate events at the national women's penitentiary for social adaptation, in which 46 women violently lost their lives, emergency measures had been adopted, with military police instructed to take control of prisons. The military police and the national penitentiary institute had examined the criminal files of 4,032 persons deprived of liberty at the national penitentiary centre of Támara and relocated many prisoners. This measure would be replicated in other centres in the country. The Government had also instructed the military police to train new prison officers. To date 2,048 officers had graduated from the basic training course for prison officers.
In February of this year, a rehabilitation, re-education and reintegration programme was launched in prisons. Similarly, the prison brand “La Libertad” was created to market the goods that prisoners produced during the execution of their sentence. The budget of the national penitentiary institute had also been increased by 1,378 million lempiras, an increase of 125 per cent compared to 2021. This would allow for comprehensive care for people deprived of liberty.
In response to violations of the rights of environmental defenders, the Government had signed an agreement to investigate human rights violations related to land tenure in Bajo Aguán. It had also created the commission for agrarian security and access to land and a high-level intersectoral commission for compliance with Inter-American Court of Human Rights judgements. Further, it created the Botaderos mountain national park in 2024.
Migration was a human right. Migratory amnesties were granted to people in transit through the country, exempting them from paying the administrative penalty for irregular entry. In addition, the “Francisco Paz” Irregular Migrant Assistance Centre had been built and inaugurated, which could house 400 people and serve 2,000 in immigration control daily. Community police provided protection to migrants in transit through the country, offering medical services and food. The Government had also approved a law for the prevention, care and protection of internally displaced persons, and a law on shelters for women survivors of violence, and was preparing laws to implement the “purple alert” and the “amber early warning” systems for preventing violence against women.
To strengthen the justice system, the Government had developed an electronic judicial record system, a judicial statistics module, and a virtual migration alert service. To reduce the judicial backlog, virtual hearings were held daily with the country's prisons. Similarly, courts of first instance and sentencing courts had been created in places that were difficult to access, such as Puerto Lempira and Roatán. A regional office of the unit for follow-up and reporting of missing persons was set up in San Pedro Sula and the manual on investigation of missing persons was updated. In August 2023, a law on the national system of DNA databases was approved to strengthen investigations of missing persons.
Honduras recognised that there were great challenges remaining in the area of human rights. However, the progress made in two years showed the commitment of the current Government to human rights, transparency and accountability. The State party would continue working to guarantee the human rights of Hondurans.
Questions by Committee Experts
A Committee Expert said he hoped that the dialogue would contribute to better implementation of the Covenant by Honduras. Had the State party adopted measures to ensure that the process of naming future commissioners of the national human rights institute would be transparent? How did the State party ensure that the institute was independent? There had been an increase in the budget for the institute in 2023; would there be another increase in 2024? Would the State party give the institute budgetary autonomy? There were reports of a lack of implementation of the institute’s recommendations. Was Honduras addressing these? Could the institute conduct unannounced visits to prisons and make recommendations to authorities based on those visits? Was there coordination between the institute and the national preventive mechanism under the Convention against Torture?
What progress had Honduras made in implementing the recommendations of the 2011 Truth and Reconciliation Commission and what difficulties had it faced in this regard? What convictions had been handed down by courts in relation to the 2009 coup d’état and the post-electoral crisis of 2017, and what reparations had been provided to the families of victims of human rights violations?
What were the functions of the national preventive mechanism? How did it work with other State bodies to investigate allegations of torture? Were there mechanisms for protecting persons who reported torture, or plans to create such mechanisms? What reparations were provided to victims of torture over the reporting period? What was the status of the draft law on law enforcement institutions? Was the manual on the use of force by police officers being implemented, and had it had a positive impact?
Another Committee Expert said that the state of emergency in Honduras had become endemic. Extended powers had been provided to the police to fight gangs, while severe restrictions had been placed on citizens’ rights, including the right to freedom of movement. There had been allegations of serious human rights violations, including enforced disappearance, torture and extrajudicial killings. The head of delegation had indicated that the State party was working to prevent the excessive use of force, but there were allegations that this was continuing. Would the state of emergency be put to an end quickly? Were state of emergency measures strictly necessary and proportionate, and had the State party notified the United Nations Secretary-General of the state of emergency? How was the State party overseeing the situation?
There were no legal safeguards for the lesbian, gay, bisexual, transgender and intersex community, and limited legal and institutional protection for other vulnerable groups. Had the State party investigated reported violent killings of lesbian, gay, bisexual, transgender and intersex persons? Which authorities received complaints of discrimination and what was the status of the six legal proceedings that were underway concerning discrimination? The Committee applauded the accession to the Presidency and other high-ranking posts by women. Could the delegation provide figures on discrimination cases and information on mechanisms for fighting against discrimination in politics? What judicial follow-up had been undertaken regarding cases of political violence? There were statistics showing a decrease in violence in Honduras in recent years. The State party had reported 665 offences linked to the illegal possession of firearms occurring in the reporting period. What judicial proceedings had followed the uncovering of such offences?
One Committee Expert said the State party had made progress in combatting violence against women. The Committee welcomed the laws on shelters and “purple alerts”. Police officers appeared to rarely apply the law with a gender perspective. How many appeals had been lodged against the police in the reporting period? Around 52 per cent of women and girls over the age of 15 suffered from some form of violence in their lifetimes. How was the State party addressing this? How many convictions and restraining orders had been issued by domestic courts in 2023?
Violence against women had worsened in 2023, with a 30 per cent increase in femicides. There was also mass underreporting. What measures were in place to prevent femicide and violence against women? What protocols were available to the judiciary and investigatory services regarding investigating violence against women? What progress had been made in prosecuting violence against sex workers? During the 2021 elections, there were 21 cases of violence against women politicians. How was the State party combatting political violence?
Another Committee Expert said that nothing had changed since the previous dialogue with respect to the voluntary termination of pregnancy. The Committee’s previous concluding observations in this regard had not been addressed, and a law issued after the concluding observations banned abortions in all circumstances. When abortion was criminalised, women and girls often resorted to unsafe clandestine abortions. How was the State party working to reduce maternal and infant mortality arising from unsafe abortions? What assistance was provided to women and teenage girls who fell pregnant as a result of rape? The Committee commended the State party for working to increase access to the emergency contraceptive pill. How was it increasing access to the pill in rural areas? What was being done to support vulnerable groups and women of a certain age to access assisted fertilisation?
One Committee Expert asked if the State party had considered changing the role of the armed forces in security operations. What was the status of deliberations regarding laws revising security policies and the state of emergency? What was the State party doing to address excessive use of force by the police and extrajudicial killings perpetrated by non-State actors? What was the status of the draft law on reparations for victims of human rights violations?
Responses by the Delegation
The delegation said the National Congress had increased the budget for the national human rights institute to ensure that it had full autonomy in the discharge of its duties. The Congress had established a special commission on the appointment process for the leader of the national human rights institute, which had issued a series of recommendations to make the process more transparent. The National Congress had also created a draft decree to implement the recommendations of the 2011 Truth and Reconciliation Commission.
The National Congress had adopted a law on shelters for women victims of violence and trafficking, and a law and budget for preventing internal displacement and protecting internally displaced persons. A law had also been drafted on the regulation of the use of force in line with international standards. This law was currently being discussed in Congress. A special commission had also been developed to consider the revision of the Criminal Code.
Prosecutors and judges had undertaken training to incorporate gender perspectives in sentencing and rulings. The State party had been monitoring all rulings to ensure that they were not discriminatory against women. More women judges were also being appointed around the country. Legislation ensured that perpetrators of domestic violence provided alimony payments to their families. There were consequences for not paying alimony. A law was also being developed to establish a registry of domestic violence perpetrators.
Several cases had been tried in relation to the 2009 coup d’état. Illegal possession of weapons was a problem in Honduras. If owners of weapons did not have the appropriate licence, they were punished in accordance with the law.
The Attorney-General’s Office was implementing rulings of the Inter-American Court of Human Rights related to cases involving violence against lesbian, gay, bisexual, transgender and intersex persons. The Office was creating a database on violence against this community and the reaction to such violence by police forces. The State party had recently launched a hotline for gender-based violence and an artificial intelligence tool for assessing responses to violence against women.
A bill was before the National Congress on revising the security doctrine. The Government had worked to ensure that this bill met international human rights standards. A national policy on memory and archives of historic human rights violations was also being developed.
The Constitution stated that the National Defence Ministry was required to provide support to the national police when requested to do so. No more than 5,000 military police officers could be involved in public security operations. There had been five times more human rights training provided to the armed forces in 2024 compared to 2021. Each battalion had a human rights section that could receive complaints related to human rights violations. Registers of persons detained by the military police had been developed. Over 10,000 military personnel had received training on protecting women. There were 20 gender focal points within the armed forces, which had guidebooks on the use of force by the military police. The Defence Ministry was also working to protect journalists and freedom of expression. Citizens had a high trust in the work of the police.
The State party had been re-establishing control and governance in prisons in strict respect for human rights. Prisons were monitored by national and international bodies. The national human rights institute and the national preventive mechanism had conducted over 200 and 150 visits to prisons, respectively. On some days, riots in prisons prevented these organizations from conducting visits.
The Government had undertaken measures since 2022 that had reduced crime rates. Decrees had been passed aiming to disband gangs. These measures were in line with the Covenant and the Constitution. Sweeping powers had been given to the police and military police to tackle the threats posed by gangs. All law enforcement operations needed to fully respect human rights. The duration of these measures was constantly being assessed. Pertinent authorities had been informed about the extension of these measures. Guidelines had been developed on the responsible use of force and firearms by security personnel.
Extrajudicial killings and enforced disappearance were completely unacceptable. Thorough investigations were carried out into all allegations of such acts. Honduras was building its investigation capacity in cooperation with Interpol to identify and properly prosecute perpetrators. The amber early warning system had been developed to respond immediately to reports of missing persons. Around 130 municipalities had been murder-free during the state of emergency, and police officers had been trained on protecting human rights.
There were two Presidential programmes on providing reparations for families of victims of human rights violations. There were 144 families with missing relatives; the State party was devoting efforts as part of the first programme to searching for these persons and restoring the rights of the families of victims. The second programme was focused on truth, justice and reparation measures. An Office of Memory had been set up within the Government, and commemorations had been held for victims of enforced disappearance. A television programme on truth, justice and reparation had been developed and a Museum of Memory had been established. The budget for truth, justice and reparation measures had been increased.
Follow-Up Questions by Committee Experts
A Committee Expert asked whether a budget had been decided on for women’s shelters. Judges needed to overcome their biases to prevent inappropriate rulings. Did training for judges address bias? What electronic tools were being used in the fight against violence against women? The Expert praised the initiatives being implemented to address violence against women. What training was being provided to law enforcement officers on the Mendez Principles? Forty-six women had died in a tragic incident in the national women's penitentiary. Had the State party implemented the ruling of the Inter-American Court of Human Rights in relation to this incident?
Another Committee Expert asked if shelters for victims of violence were up and running? If so, how many persons were they hosting? Did these shelters cover a significant portion of the territory of the State party? What sociocultural factors were contributing to the widespread phenomenon of violence against women?
One Committee Expert said that the budget of the national human rights institute was being managed by the Ministry of Finance. Why was this? The 2011 Truth and Reconciliation Commission had proposed the creation of a court to address historic human rights violations. Had the State created such a court? Would this be a permanent or an ad-hoc court, and would it address incidents related to the 2009 coup d’état? What financial reparations were provided for the families of victims of historic human rights violations? What reparations were provided for victims of the 2017 electoral crisis?
Another Committee Expert called for statistics on enforced disappearance and extrajudicial killings occurring in the reporting period. Had there been an increase in these violations? Who would benefit from the migratory amnesty programme and was the programme already being implemented? How many times had the state of emergency been extended? Was there a target deadline for bringing the state of emergency to an end?
A Committee Expert asked if Honduras had developed a transitional justice programme that included truth, justice and reparation measures and a national commission on this topic. Had the State party sought regional and international cooperation on these processes?
One Committee Expert asked whether the judiciary and other public bodies were involved in deciding whether to extend the state of emergency.
Responses by the Delegation
The delegation said the Ministry of Finance did not execute the budget of any institution, including the national human rights institute. The institute was an independent entity that executed its budget based on its own planning, which was then submitted to the Ministry of Finance for allocation. The national budget for the institute for 2022 was 83.4 million lempiras, whereas it was 115.4 million lempiras in 2024.
The budget for building shelters was 50 million lempiras. This had been allocated to the Ministry of Women so that shelters could be built in various locations. A piece of land had been identified and donated for the first shelter. The national budget for 2023-2024 included a gender sensitive component. There were provisions to gradually increase the budget for shelters.
There was a proposal to establish a standing Constitutional Court to address historic human rights violations, which included but were not limited to those occurring during the 2009 coup d’état. The Constitution was being reformed to establish this body, and the National Congress would consider the reforms soon.
The delegation welcomed the recommendation to include the Mendez Principles in training for police officers. They were already trained on various international human rights principles, including the Istanbul Protocol, the Nelson Mandela Rules, and the Beijing Rules.
The management of prisons was being transferred to civilian authorities. Over 2,000 civilian officers were being gradually incorporated into the prison system. There were rehabilitation programmes in prisons providing holistic vocational training and psychological support to prisoners to prepare for their release. Health care and food provided in prisons had also been improved.
Honduras had a national action plan for reducing maternal and neonatal mortality and teenage pregnancies. The State party was providing access to emergency contraceptive pills and training health practitioners in this regard. There were committees established at a regional level to reduce maternal and neonatal mortality and teenage pregnancies, and projects underway to improve sexual and reproductive health rights in indigenous communities. The State party conducted follow-up activities to assess the implementation of these policies. Regional Ministry of Health offices were distributing emergency contraceptive pills to local health centres. A guidebook on family planning had also been developed.
Abortion needed to be debated in the National Congress, with the participation of a diverse range of sectors of society. There had been very few sentences issued in recent years to mothers who accessed abortions. Debate on this issue was ongoing. The draft law against obstetric violence was being debated in a parliamentary committee. Plenary sessions on the law would soon be held in the National Congress.
On 8 June 2023, 46 female detainees who were members of a gang lost their lives in the national women’s penitentiary. The State party had moved to transfer the surviving members of the gang to a different prison, and identified and prosecuted the perpetrators of the incident. The State party was working to improve conditions in prisons and build a national women’s prison.
Questions by Committee Experts
A Committee Expert said the Committee noted the State party’s willingness to improve the life of inmates, including through the increased budget provided to prisons in 2020. Had this increased budget been preserved since? Were prisoners provided with health care in hospitals when needed? Was the State supporting access to legal counselling for inmates who reported abuse? The number of persons in pre-trial detention was still high. What measures were in place to separate pre-trial detainees from other detainees? The Committee welcomed the human rights training provided for members of the judiciary. Was targeted training provided to members of the judiciary who worked with children?
The Committee appreciated that the State party had significantly raised the penalty for trafficking in persons. What assistance measures were provided to victims? How could they claim compensation? There was one shelter for women victims of trafficking; were there plans to build more? What training was provided to judges on trafficking in persons? What measures had the State party taken to identify victims and support them? Indigenous peoples and rural residents were particularly at risk of falling victim to trafficking. What specific measures had been developed to protect these persons?
Another Committee Expert asked for information on deaths of individuals under police custody and investigations undertaken into those incidents. What mechanisms were available to detainees and their families to lodge complaints about human rights abuses? Had investigations been undertaken into those complaints? What progress had been made in the demilitarisation of prisons? The military police had been empowered to manage prisons since 2022, leading to reports of serious ill treatment of detainees. There were reports of inmates having control over certain prisons, holding firearms and other weapons. Had the national human rights institute and the national preventive mechanism made recommendations to the Government regarding these issues?
What steps had been taken to implement the rulings of the Inter-American Court of Human Rights regarding cases involving the rights of indigenous peoples? Forcible removals had affected indigenous communities. There were reports of excessive use of force during these removals by the national police; 15 persons had been injured in one incident. There were also reports of widespread violence and enforced disappearance committed against the Garifuna community. What measures were in place to address impunity related to these incidents? What budget had been provided to State bodies responsible for defending indigenous rights? What was the status of the draft law on free, prior and informed consent, which was lodged in 2015? Would the State adopt International Labour Organization Convention 169 and other international norms to ensure the participation of indigenous communities in discussions on development projects?
One Committee Expert welcomed the adoption of the 2022 law on the care of internally displaced persons, following a recommendation from the Committee in 2017. What progress had been made in implementing this law? What budget had been devoted to its implementation? What plans had been developed to protect internally displaced persons?
In 2023, important laws were adopted to ensure the independence of the judicial branch. What was the current process for naming justices? What legal measures were being developed to prevent undue interference in the work of the judiciary? There were reports that the judiciary had a lack of staff, an excessive workload, and worked in inappropriate conditions. How was the State addressing these issues? The Committee welcomed progress in training members of the judiciary on the rights of indigenous peoples in 2022 and 2023. However, there continued to be barriers in access to justice for members of indigenous and rural communities. Trials were reportedly too long and often failed to protect the rights of indigenous peoples. How was the State party addressing this, and supporting victims of human rights violations to access reparations?
A Committee Expert said Honduras had a law allowing certain judges to intercept private communications in exceptional circumstances. On what criteria were these judges appointed? There were reports of leaks of this information and attacks on human rights defenders during protests. Was this law in step with article 17 of the Covenant? Did the State party have an independent mechanism to oversee this practice? Had there been complaints lodged regarding abuse of the surveillance system?
One Committee Expert said one human rights defender was killed per month in recent years. What measures were in place to investigate these acts promptly and impartially, and what results had been achieved by investigations? What measures were in place to reduce the stigmatisation of human rights defenders, including training for public officials? Why had there been an increase in “preventive evictions” in response to demonstrations? Had these practices been investigated? How was the State party implementing the law on protecting human rights defenders and journalists? What budget had been provided to State bodies responsible for protecting human rights defenders? How could the United Nations better help Honduras to defend human rights defenders?
Responses by the Delegation
The delegation said Honduras had identified and confiscated munitions, arms and communications devices in prisons. It had implemented measures to improve conditions in prisons and rehabilitate prisoners. Prisons were 53 per cent over capacity. The State party was strengthening technical teams which were providing parole to eligible prisoners to address the issue of overcrowding. Around 75 persons had been released and 50 more persons were set to be released over the coming months. There were also plans to build additional wings in existing prisons to increase capacity. The State party had urgently purchased medicines and strengthened medical services in prisons, hiring more doctors. Pre-trial detainees were separated from other inmates. All civil society oversight mechanisms could access penitentiaries. Budgets for prisons had been increased by 125 per cent between 2021 and 2024.
The Police Investigation Unit had an office on investigating femicides and had developed protocols on the investigation of femicides. Comprehensive training programmes were being implemented to strengthen human rights protections and address trafficking in persons. The Government was working arduously to address the penetration of organised crime in Government bodies.
There were 16 persons who allegedly participated in the criminal event that led to the deaths of 46 female inmates. Fifteen of these persons had been formally indicted for homicide, carrying arms and aggravated arson. One was appealing the sentence. Recently, a committee had been set up representing the relatives of the victims. A proposal for compensation for these relatives was currently being analysed and a comprehensive reparation programme was being developed.
There were reforms planned for legislation to strengthen protections for human rights defenders. A protocol was being drafted on preventing excessive use of force in the context of land takeovers. Human rights defenders had the right to lodge claims to the Government regarding abuse of their rights. Judges had been instructed to ensure that expulsions were strictly necessary.
A law on judicial nominations to the Supreme Court had been adopted. Candidates for Supreme Court positions were assessed through written and oral exams, and their assets and potential conflicts of interest were assessed. The nominating body included stakeholders from civil society organizations, academia and the Government. The law on the election of magistrates to the Supreme Court promoted gender equality. There were plans to implement this model in the appointment of judges to other courts. Justices of the peace were elected by small municipalities to assess criminal and civil cases. They liaised between other authorities and community members.
Judges ensured that the law did not unduly restrict freedom of expression. The National Congress was assessing proposals to change the Penal Code to remove offences against honour. The system for protection of human rights defenders and journalists had undergone significant reform. The Prosecutor’s Office was following up on 137 active cases involving violations of the rights of human rights defenders. The number of Government staff working on implementing the law on protection of human rights defenders had been doubled.
The conditions in which the interception of personal communications could occur were defined clearly in law. Judges only requested surveillance when it was necessary. Evidence that was collected without following the processes stipulated by law could not be considered by courts. There was constant oversight by the judiciary to ensure that no violations were committed.
The National Congress had approved legislation to protect the Garifuna community and promote their culture and language. Further, the Congress had elected the first magistrate from the Garifuna community and implemented measures to commemorate the historic struggle of the community. A new bill on free, prior and informed consent and preventative evictions that was in line with international standards was currently being developed. Working groups had been created to address land demarcation. Protection measures were being implemented for the Miskito divers and members of the fishing community. Complaints of violations of workplace health and safety regulations in the fishing industry were being investigated. Monthly training was provided to authorities on the rights of indigenous persons. There had been a sharp decrease in the number of complaints from indigenous peoples in recent years. A new policy was also being developed to fight racism against indigenous peoples.
The directorate on witness protection provided protection to vulnerable groups, including minors, indigenous peoples and lesbian, gay, bisexual, transgender and intersex persons. Economic, psychological and legal assistance was provided to persons on the witness protection programme. Participation in the programme was voluntary and confidential.
In 2022, a high-level commission on violence against women was reactivated. It had called for the investigation of femicides, including against trans women. There had been a 33 per cent reduction in femicides in the first half of 2024 compared to the same period in 2023, showing that efforts to protect women were bearing fruit.
In 2024, the Government had invested 26 per cent more in the commission on combatting trafficking in persons compared to 2023. A total of 244 people had been charged with trafficking, sexual exploitation and child pornography offences over the reporting period, and 105 people had been convicted. There had been one conviction and seven acquittals related to torture cases since 2018. The State had investigated eight cases related to the crime of abortion in 2023, and one thus far in 2024.
Follow-Up Questions by Committee Experts
A Committee Expert asked whether drug traffickers had infiltrated the judiciary. Were justices of the peace career judges and who named them? Did Prosecutors request reparations for victims in cases involving human rights violations? Was there a protocol coordinating efforts between State institutions to fight violence against women?
Another Committee Expert asked why it had taken nine years to revise the previous draft law on free, prior and informed consent. The National Congress’ liaison commission with indigenous peoples had developed a strategic plan and agenda on free, prior and informed consent. Did the commission consult with indigenous peoples in developing this plan? Would the State party revise plans to construct a prison on Swan Island? Had it conducted an environmental impact study into this plan? Would the State party ensure that there was no favouritism in the contracting process for the construction of the prison?
One Committee Expert said it was welcome that human rights organizations were able to visit prisons.
A Committee Expert asked about the number of persons whose telephone conversations had been unlawfully intercepted. Did the State party plan to create an independent mechanism dedicated to overseeing the protection of private data? Civil society was often absent in the implementation of the State’s security measures. To what extent had civil society been incorporated into these? How was the State party protecting civil society organizations from gangs? Were they involved in implementing policies to preserve memory and promote transitional justice? What was the link between the Constitution Court and the reparations programme?
One Committee Expert asked whether the increased budget for combatting trafficking in persons would specifically address support for victims or strengthening justice processes related to trafficking.
Another Committee Expert said that there were concerning articles in the “radical action plan” on implementing the state of emergency which stated that the Penal Code would be reformed to deem drug traffickers as “terrorists”. The plan also referred to applying pre-trial detention to all persons accused of organised crime and judging these persons collectively. Could the delegation provide information on these reforms, which flew in the face of the Covenant?
Responses by the Delegation
The delegation said legislation on surveillance ensured that recordings of telephone calls that included information on private life were removed from court records. Justices of the peace were professional judges appointed by the judiciary. The State party would consider whether they could have increased powers to resolve disputes in their communities. The Women’s Ministry was cooperating with other State bodies and United Nations Women to combat violence against women and develop a register of offenders of violence against women.
The State party had ordered investigations into deaths that had occurred in the context of evictions of indigenous peoples. Rulings on such cases needed to address civil liability.
The new draft law on free, prior and informed consent could be integrated with the previous proposal, as well as international standards. The National Congress was committed to promoting the adoption of this bill. Civil society participated in the election of candidates to the Supreme Court and in the drafting of various laws.
There was no data on the presence of drug trafficking groups in the judiciary. All allegations of links to these groups were investigated and guilty parties were brought to justice.
An environmental licence had been approved for the construction of a prison on Swan Island. There would be monitoring centres established on the state of ecology on the island. The prison would respect the ecosystem of the island. The selection process for building companies would follow public tender procedures. The process would be overseen by the Institute for Access to Public Information.
The State party had approved the care for trafficking victims fund, which would address victims’ basic needs.
Concluding Remarks
ANGÉLICA LIZETH ÁLVAREZ, Secretary of State in the Ministry of Human Rights of Honduras and head of the delegation, said Honduras had submitted a resolution to the Human Rights Council to strengthen technical cooperation to protect human rights. Honduras had issued a standing invitation to all Special Procedures mandate holders to visit the country. It had recently received a visit from the Sub-Committee against Torture. Honduras wished to comply with its international human rights obligations. It was important to address issues related to both civil and political rights and economic, social and cultural rights, including national debt and restrictions on access to funding.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation for its cooperation with the Committee. The dialogue had addressed past human rights violations, the prevention of torture, the state of emergency, equality between men and women, violence against women, extrajudicial killings, abortion, deaths in detention, forced labour, trafficking, the situation of indigenous peoples, the work of judges, freedom of expression, and the protection of human rights defenders, among other topics. The Committee sought the highest level of implementation of the Covenant in Honduras. Ms. Abdo Rocholl concluded by thanking all those who had contributed to the dialogue.
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CCPR24.013E