2018 Eviction of protest encampment

On 31 July 2018, after repeated failures of local and national authorities to address their concerns regarding the ASP mining concessions, the Municipal Committee in Defence of Common and Public Goods (CMDBCP) and supporters established a protest encampment on the access road to the mine. The protest encampment in defence of water and life lasted for 88 days, blocking access to mining vehicles of Inversiones Los Pinares (ILP). During this period, government agencies participated in a joint delegation to Tocoa, engaging in negotiations with the CMDBCP encampment and making various commitments (see Legal Artefact entitled, “2018 Honduran Human Rights Ministry Memorandum on visit of the interinstitutional group to the municipality of Tocoa“). 

In September, on the basis of a complaint filed by ILP with the Tocoa Office of the Public Prosecutor, a criminal case was opened against 18 alleged protesters participating in the CMDBCP encampment for the crimes of usurpation, criminal damage and obstruction of a public space. Despite the offences not falling with the special National Court jurisdiction, La Ceiba National Court judge issued an arrest warrant and an eviction order against the encampment (UVA 2020). 

On 26 October, CMDBCP lawyers filed a legal injunction with the Appeals Court of the National Jurisdiction to halt the eviction order issued by La Ceiba National Court Judge. The injunction petition was rejected.

On 27 October 2018, at least 1200 police and army personnel, including specialist militarised police known as TIGRE units, were deployed to evict the peaceful encampment. According to witnesses, the state forces used live rounds and tear gas and protesters were beaten, resulting in several injuries (ACAFREMIN 2020: 27). On the same day, the CMDBCP filed a complaint with the Office of the Public Prosecutor against police and military for abuses committed during the eviction operation. No investigation resulted from the complaint (CMDBCP and CCI 2019: 9).

On 28 October, the CMDBCP and supporters tried to re-establish the encampment but were reportedly fired on by members of Ceibita Permanent Vigilance Committee (COVIPERCE), the local pro-mine group from Ceibita (a Tocoa community), while police watched on. At least three CMDBCP members were injured. In the following days, protesters then blocked the main highway to Tocoa, leading to further confrontations during which a member of COVIPERCE and two members of the military were killed. The circumstances of these deaths have remained unclear but have not featured in the official investigation and charges against CMDBCP activists (See Legal Action entitled “2018- Criminalization and detention of CMDBCP environmental defenders”).