Human rights defenders between a rock and a hard place - Publication of an international fact-finding report

Publicationof an international fact-finding report

Panama City-Geneva-Paris-Tegucigalpa, December 1, 2016 - Everyday in Honduras, human rights defenders face killings, threatsand criminalisation. The Honduran authorities must show genuinepolitical willingness to confront this crisis, urge today the Observatory forthe Protection of Human Rights Defenders (an OMCT - FIDH partnership), Honduranhuman rights organisations CEHPRODEC, CIPRODEH, COFADEH and the InternationalPlatform Against Impunity. This call was launched in the framework of a public hearingheld in Panama City before the Inter-American Commission on Human Rights(IACHR) on the situation of human rights defenders in Honduras.

Thepredicament of human rights defenders in Honduras has received a great deal ofinternational attention in 2016, following the murder of Berta Cáceres, an emblematic Lenca indigenous defender. This crimeis just the tip of the iceberg; the high levels of violence directed againstdefenders in Honduras have made it one of the most dangerous countries in theworld for human rights defence.

Since 2001,17 defenders have been murdered, although they were beneficiaries of IACHRprecautionary measures - an average of one per year. Since May 2015, theObservatory has documented 16 killings of human rights defenders - almost oneper month. These figures clearly demonstrate that the situation is becomingmore acute.

Attacksagainst defenders tend to go unpunished, largely due to inefficiencies in theadministration of justice as well as a number of other structural factors. Meanwhile,there have been a great many incidences of defenders being criminalised, andthe judicial system has shown remarkable diligence in pursuing these cases.According to IACHR, since 2010 there have been 3,064 cases in Honduras wherehuman rights defenders have been criminalised as a means of intimidation.

Our reportconcludes that Honduras needs a clearer and more protective national framework,one which fully recognises the human rights of the rural population, indigenouspeoples and the LGBTI community. This would improve the working environment of defendersof these rights, and would allow them to enjoy a greater degree of legitimacyand visibility, especially in situations of conflict over natural resources andhetero-patriarchal stereotypes respectively.

“Untilwe find solutions to the structural problems that endanger human rights defenders,positive measures, like the Protection Law on Defenders, will have littleimpact. Discriminatory policies against the LGBTI community, as well as violationsof land rights (including the obligation of consultation of communities affectedby development projects), exacerbate conflicts and reinforce stereotypes -leaving defenders between a rock and a hard place,” statedour organisations.

Specifically,in a context where 35% of the country’s land area is set to be soon affected by837 potential mining projects, the establishment of a clear domesticlegislative framework that shows respect for international human rightsstandards related to the use of land would help to channel situations wherethere is a risk of conflict through institutional processes based on dialogue,instead of giving rise to violence and social strife. That is why ourorganisations are advocating for a participatory discussion process to beadopted, with the full involvement of civil society and particularly representativesof the indigenous and Garifuna people.

Furthermore,the report concludes that structural factors, such as the militarisation of theState, the lack of a truly independent judiciary, systematic stigmatisation ofdefenders and institutional failings on the part of the State with respect tohuman rights are evidence that the government lacks any real willingness toprotect those who speak out to defend human rights.

This isillustrated by the recent and worrying statements by President Juan OrlandoHernández, in which he irresponsibly criminalised human rights organisations byassimilating them to gangs. Such statements only contribute to increasing risksof attacks against defenders.

In view ofthe conclusions of our report, our organisations formulate specificrecommendations in terms of the necessary structural reforms that wereidentified over the course of the study.

The full report is available online:

- in English here.

- in Spanish here.

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by the World Organisation Against Torture (OMCT) and FIDH. Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.