2019 IACHR issues report on the Situation of Human Rights in Honduras

IIn October 2019, the Inter-American Commission on Human Rights (IACHR) issued a country report on Honduras. The report was based on a field visit to Honduras in 2018 to gather evidence on the human rights situation. The report documents a wide range of human rights violations and failures of public institutions to comply with international human rights standards. The IACHR raised a number of serious concerns in relation to the human rights impact of mining projects, lack of adequate consultation processes with affected communities and attacks against and criminalization of human rights defenders.

In concrete, the IACHR raised concerns about the ASP and ASP2 mining project and the criminalization and threats against human rights defenders opposing the project: 

“The Commission received information on the aggravation of the conflict related to the implementation of the mining project managed by the mining company Inversiones Los Pinares in the sector known as El Guapinol, in the municipality of Tocoa. Throughout 2018, leaders and members of local communities affected by the project expressed their rejection of the project, as well as requested the revision of the concession and consultations with the population. In addition, a camp was reported to have been set up in October 2018 to block access to the mining concession, which would have intensified harassment and criminalization of community leaders and civil society organizations. As a result of this situation, members of the Municipal Committee for the Defense of Common Goods of Tocoa were forcibly displaced.” (IACHR, 2019: para. 306)

The IACHR also noted the increasing misuse of the criminal justice system against social activists – particularly relevant in the case of the criminalized members of the Municipal Committee in Defence of Common and Public Goods (CMDBCP) environmental defenders (See Legal Action entitle “2018- Criminalisation and detention of CMDBCP environmental rights defenders“):

“The information gathered during the visit indicates that the judges and prosecutors of national jurisdiction have broadened their attributions to include “high impact” matters that would exceed the cases contemplated under the Law, having heard, for instance, matters related to the post-electoral crisis and, more recently, in March 2018, usurpation matters. The Commission is particularly concerned by the inclusion of the crime of usurpation in this jurisdiction because adjudicating this crime in these courts could lead to prosecutions of land and territory defenders for these crimes, and also stigmatize the work of defenders by commencing judicial proceedings against them in a jurisdiction originally intended for high-impact crimes committed by organized crime groups.” (IACHR, 2019: Para. 92). 

The IACHR concluded the report with a series of recommendations to the Honduran government, including to avoid using judicial investigations to submit human rights defenders to unfair and unfounded criminal trails (IACHR, 2019: Recommendation 18) and “To initiate a culturally appropriate procedure to give effect to the right to free, prior and informed consultation and consent, which incorporates the provisions of Convention 169 and international standards in the matter” (IACHR, 2019: Recommendation 25).