E/C.12/HND/CO/2
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 AfroHonduran 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 their work free of intimidation, threats or reprisals of any kind.
Rights of indigenous peoples
11.
The Committee welcomes the information provided on the drafting of the
framework legislation on prior, free and informed consultation, but it is concerned by
reports that indigenous peoples were not properly involved in that drafting process. It is
also concerned by reports of failure to respect indigenous peoples’ right of prior
consultation with a view to obtaining their free, prior and informed consent in respect of
decision-making processes that could have an impact on them and that often their views are
not taken into account when concessions are granted for the exploitation of natural
resources or other development projects. Notwithstanding the State party’s efforts in
demarcating indigenous lands, the Committee notes with concern that there is limited
protection of indigenous peoples’ right to dispose freely of their lands and natural wealth
and resources (art. 1 (2)).
GE.16-11828
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