A/HRC/44/43/Add.2
peoples at heightened exposure to abuses, and hopes that it will be approved promptly by the
mechanism.
79.
While the offices of special prosecutors and specialized units have been established
to investigate environmental crimes or certain crimes affecting indigenous peoples, serious
crimes, such as murder, are prosecuted by regular prosecutors. In this context, civil society
organizations and lawyers working with communities and human rights defenders noted that
many cases were often not investigated or had stalled at the investigation stage, or delayed
when transferred to the court. On the other hand, they pointed out that the large volume of
criminal complaints against them were processed and brought to court promptly. The
Working Group notes that there are no procedural safeguards to ensure that the criminal
justice system is not misused to intimidate defenders and foreclose their access to an effective
remedy.
80.
An independent judiciary provides a means to strengthen accountability for businessrelated human rights abuses. The Working Group was, however, informed by numerous
stakeholders about the widespread lack of confidence in the judiciary, which relates partially
to the selection process of high court judges and the perception of their lack of understanding
of human rights challenges. In this regard, the business community and civil society have
voiced support for the recommendations of the Special Rapporteur on the independence of
judges and lawyers on a review of the procedure for selecting and appointing judges to the
Supreme Court.24
VII. Impact of corruption on business and human rights
81.
The Working Group found broad agreement among civil society organizations and
some representatives of the private sector that impunity and widespread corruption had
eroded confidence in public institutions and impeded sound and sustainable economic
growth. Their grievances relating to companies colluding with corrupt officials were
compounded by the lack of legal provisions addressing conflicts of interest of public officials
with respect to their business associations and investments, and those of their family
members. Given such a context, the Working Group recommends that the State focus on
introducing measures to ensure the transparency of business activities, which would engender
greater confidence in Congress and various government departments concerning their
decision-making processes.
82.
Similarly, the Working Group noted that, while public officials are required to
disclose their assets and income for the purposes of preventing corruption, the Higher Court
of Audit (Tribunal Superior de Cuentas) lacks the capacity to apply or enforce either the law
or its regulations.
83.
In its meetings with the Government, the Working Group welcomed the institutional
efforts that had been made to strengthen national capacities to deal with corruption, including
the creation of the Special Prosecution Unit to Fight Corruption-related Impunity (UFECIC),
which on 23 January 2020 was replaced by the Specialized Fiscal against Corruption
(UFERCO) under the Office of the Attorney General.25 These steps were taken with the
valuable support of the Mission to Support the Fight against Corruption and Impunity in
Honduras (MACCIH): its work was critical to support and strengthen institutions to prevent,
investigate and punish acts of corruption as a fundamental part of larger efforts to combat
impunity, including for acts committed by private sector actors. The Working Group echoed
previous calls, including those made by the Special Rapporteur on the independence of judges
and lawyers, urging the renewal of the Mission’s mandate expiring in January 2020, and the
consolidation and strengthening of its functions.
84.
It is therefore appalling that the negotiations between the Government of Honduras
and the General Secretariat of the Organization of American States on the renewal of the
24
25
14
OHCHR, “Honduras needs urgent action to end corruption and guarantee independent judiciary, says
UN rights expert”, 22 August 2019.
See www.mp.hn/index.php/author-login/150-enero2020/5345-comunicado-ministerio-publico-creaunidad-fiscal-especializada-contra-redes-de-corrupcion.
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