Committee on Economic, Social and Cultural Rights
Concluding observations on the second periodic report of Honduras *
1.The Committee on Economic, Social and Cultural Rights considered the second periodic report of Honduras on its implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/HND/2) at its 26th and 27th meetings, held on 8 and 9 June 2016 (E/C.12/2016/SR.26 and SR.27), and adopted the present concluding observations at its 49th meeting, on 24 June 2016.
A.Introduction
2.The Committee welcomes the submission of the second periodic report of Honduras, notwithstanding the delay of nearly eight years, and expresses its appreciation for the written replies provided to the list of issues (E/C.12/HND/Q/2/Add.1). The Committee also expresses its appreciation for the open and constructive dialogue held with the high-level delegation of the State party.
B.Positive aspects
3.The Committee welcomes the State party’s ratification of or accession to the following international instruments:
(a)The International Convention on the Elimination of All Forms of Racial Discrimination, on 10 October 2002;
(b)The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 9 August 2005;
(c)The Convention on the Rights of Persons with Disabilities, on 14 April 2008, and its Optional Protocol, on 16 August 2010;
(d)The International Convention for the Protection of All Persons against Enforced Disappearance, on 1 April 2008;
(e)The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, on 23 May 2006;
(f)The First Optional Protocol to the International Covenant on Civil and Political Rights, on 7 June 2005;
(g)The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, on 1 April 2008;
(h)The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, on 14 August 2002;
(i)The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 8 May 2002.
4.The Committee also welcomes the State party’s adoption of:
(a)The Food and Nutrition Security Act, on 29 March 2011, and the National Food and Nutrition Security Policy and Strategy, on 24 August 2010;
(b)The Public Policy and National Action Plan on Human Rights, on 12 March 2013;
(c)The Social Protection Policy, on 8 March 2012;
(d)The National Policy on Women and the Second Gender Equality and Equity Plan 2010-2022;
(e)The National Mental Health Policy, in 2004.
C.Principal subjects of concern and recommendations
Justiciability of the Covenant rights
5.The Committee welcomes the valuable information provided by the State party on cases in which the Covenant has been invoked by courts at the highest levels, but regrets that this practice continues to be quite limited. The Committee also welcomes the delegation’s statement that consultations need to be launched on ratification of the Optional Protocol to the Covenant.
6. The Committee recommends that the State party take the necessary steps to promote the enjoyment of all the rights recognized in the Covenant, such as by offering training on the content of those rights, including the Committee’s general comments concerning what those rights cover, publicizing the possibility of invoking the Covenant before the courts, with a special focus on judges, lawyers and law enforcement officials and on members of the National Congress and other officials responsible for implementation of the Covenant, and organizing awareness campaigns for rights holders. The Committee draws the State party’s attention to general comment No. 9 (1998) on the domestic application of the Covenant, and asks that it include in its next report information on cases in which Covenant rights have been invoked by the national courts. The Committee encourages the State party to continue its efforts towards ratification of the Optional Protocol to the Covenant.
Cooperation with civil society
7.The Committee takes note of the information provided by the State party on its efforts to increase involvement by civil society organizations, but it is concerned that initiatives thus far have been insufficient to guarantee full, broad and representative participation by stakeholders across society.
8. The Committee recommends that the State party make a greater effort to establish constructive cooperation with civil society organizations with a view to ensuring their active, open and transparent participation in public affairs, in particular in the country-wide implementation of the recommendations contained in the present concluding observations and in the preparation of its next periodic report.
Protection of human rights defenders
9.The Committee welcomes the State party’s acknowledgement of the role played by human rights defenders and takes note of the passing into law of the Act on the Protection of Human Rights Defenders, Journalists, Social Communicators and Justice Officials. It is concerned, however, that some of that law’s provisions do not guarantee effective protection for human rights defenders and that the resources allocated are not sufficient to ensure the law’s effective implementation. The Committee is alarmed by the defamation of, threats made against and, especially, the murder of human rights defenders, including those who defend economic, social and cultural rights, and leaders of indigenous and Afro-Honduran groups; it is especially alarmed by the recent murders of Berta Cáceres and René Martínez.
10. The Committee recommends that the State party:
(a) Investigate all complaints and attacks on the life or physical integrity of human rights defenders thoroughly and effectively, including those who defend economic, social and cultural rights, to which end the Committee recommends that it take specific action such as establishing a special prosecutor’s unit within the Public Prosecution Service to investigate such crimes, allocating appropriate human, financial and technical resources for this purpose. The Committee also recommends the State party investigate the recent murders of Berta Cáceres and René Martínez, duly punish those found responsible and widely disseminate the results of the investigations;
(b) Take effective and prompt action to prevent any and all acts of violence against human rights defenders and provide effective protection of their life and personal integrity;
(c) Ensure that the Act on the Protection of Human Rights Defenders, Journalists, Social Communicators and Justice Officials is effectively implemented, including by allocating appropriate human, financial and technical resources for this purpose;
(d) Investigate any and all acts of harassment, bullying or defamation of human rights defenders in connection with the performance of their functions and organize information campaigns to raise awareness about the crucial work done by human rights defenders with a view to creating a climate of tolerance in which they can perform th