E/C.12/HND/CO/2
necessary to ensure transparency in government, both under the law and in practice,
and effectively combat corruption and impunity in the public sector.
Fiscal policy and investment in social spending
19.
The Committee is concerned that, the recent reforms notwithstanding, the State
party’s tax policy is not contributing enough to reducing poverty by closing the large
inequality gap and that it hinders its ability to collect sufficient revenue to ensure the
progressive realization of economic, social and cultural rights. The Committee finds it
regrettable that no detailed information was provided on budget allocations to the education,
health, housing and social security sectors that would make it possible to evaluate
compliance with the requirement for maximum use of available resources (art. 2 (1)). The
Committee is similarly concerned by illicit monetary flows and tax evasion and fraud in the
State party.
20.
The Committee recommends that the State party ensure that the tax code
which is being drafted include a tax policy that is progressive and socially just with a
view to increasing the funding available to be allocated for the realization of economic,
social and cultural rights. The Committee further recommends that the drafting of the
new code and the allocation of budget funds both be done in a way that is transparent
and participatory. The Committee requests the State party to provide information in
its next periodic report on the annual allocation of resources for the implementation
of economic, social and cultural rights. The Committee urges the State party to take
rigorous measures to combat illicit monetary flows and tax evasion and fraud.
Discrimination
21.
The Committee is concerned that the State party does not yet have a comprehensive
anti-discrimination framework reflecting all the criteria stipulated in the Covenant. It is
further concerned by the lack of comprehensive and effective measures for fighting
discrimination against indigenous peoples, Hondurans of African descent and persons
living with HIV/AIDS and discrimination on grounds of sexual orientation or gender
identity (art. 2).
22.
The Committee recommends that the State party expedite the adoption of
comprehensive anti-discrimination legislation that ensures adequate protection
against discrimination consistent with article 2 of the Covenant, bearing in mind as
well the Committee’s general comment No. 20 (2009) on non-discrimination in
economic, social and cultural rights, and that in particular it should:
(a)
Explicitly include all the prohibited grounds for discrimination listed in
article 2 of the Covenant and in the Committee’s general comment No. 20 (2009);
(b)
Eliminate from its domestic legal order any provision that might be
discriminatory on grounds of sexual orientation or gender identity or impede the full
enjoyment of economic, social and cultural rights by lesbian, gay, bisexual or
transgender persons;
(c)
Define direct and indirect discrimination in a manner that is consistent
with its obligations under the Covenant;
(d)
Prohibit discrimination in both the public and the private spheres;
(e)
Implement effective legal and administrative arrangements to provide
protection against discrimination, including by establishing provisions that allow for
reparation in cases of discrimination;
GE.16-11828
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