E/C.12/HND/CO/2
12.
The Committee recommends that the State party:
(a)
Launch a broad-based process of consultation with indigenous peoples to
involve them in a participatory way in the preparation of the draft framework law on
prior and informed consultation;
(b)
Ensure that the aforementioned legislation is in compliance with best
international standards, including the Indigenous and Tribal Peoples Convention,
1989 (No. 169), of the International Labour Organization (ILO) and the United
Nations Declaration on the Rights of Indigenous Peoples;
(c)
Ensure that indigenous peoples are regularly consulted with a view to
obtaining their free, prior and informed consent in respect of decision-making
processes that may affect their ability to exercise their economic, social and cultural
rights, and ensure that their views are respected;
(d)
Take additional measures to safeguard the right of indigenous peoples to
dispose freely of their lands, territory and natural resources, including through legal
recognition and protection as necessary.
National Human Rights Commission
13.
The Committee is concerned by the fact that the National Human Rights
Commission lacks the necessary resources, independence and credibility to carry out its
mandate effectively and that the institution has been downgraded to category B status by
the Global Alliance of National Human Rights Institutions (previously called the
International Coordinating Committee of National Institutions for the Promotion and
Protection of Human Rights) (art. 2 (1)).
14.
The Committee recommends that the State party adopt the necessary legislative
and administrative measures to ensure that the National Human Rights Commission
is in full compliance with the principles relating to the status of national institutions
for the promotion and protection of human rights (Paris Principles) and can thus
discharge its mandate with regard to economic, social and cultural rights.
Independence of the judiciary
15.
The Committee is concerned by the lack of effective guarantees to ensure the
independence and impartiality of judges, magistrates and other judicial officials (art. 2 (1)).
16.
The Committee recommends that the State party take all steps necessary to
ensure that judges and magistrates are selected and appointed by an independent
body, in full transparency and with priority given to merit, ability and integrity. In
addition, the Committee urges the State party to take all necessary action to guarantee
the independence and safety of the judiciary in the exercise of its functions and
thereby safeguard the enjoyment of human rights, including economic, social and
cultural rights.
Corruption
17.
While the Committee takes note of the establishment of the Mission to Support the
Fight against Corruption and Impunity in Honduras and of the efforts deployed to
investigate corruption at the Honduran Social Security Institute, it is concerned that the
anti-corruption effort is not achieving the necessary results (art. 2 (1)).
18. The Committee recommends that the State party should, as a matter of priority,
tackle the root causes of corruption, take all legislative and administrative action
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