A/HRC/44/43/Add.2
resources in the Montaña de Botaderos National Park is a case in point (see paras. 41–42
below).
36.
The Working Group received alarming information regarding the systematic lack of
access to information by all stakeholders in environmental decision-making, including the
status of licencing and concession processes, and companies and investors involved.
37.
The transparency of granting licences processes and concessions may be further
compromised by the adoption of Legislative Decree No. 418-2013 (Ley para la Clasificación
de Documentos Públicos relacionados con la Defensa y Seguridad Nacional) and subsequent
Ministerial Decree No. 1402-2018. It was reported that critical elements of the licence and
concession processes, including information on environmental impact studies, and location
of exploratory permits may be classified as “secret information”.
38.
On 9 February 2020, the Working Group was informed by OHCHR Honduras that the
Constitutional Chamber had ruled (by three in favour and two against) that the parts of the
law placing restrictions on access to information pertaining to environmental impact studies
were unconstitutional.The Supreme Court is expected to make a final decision thereon.
39.
The Working Group urges governmental agencies, particularly the Ministry of the
Environment to remove all legislative and administrative obstacles to the exercise of right of
access to information at all stages of environmental licences and the issuing of concessions,
in accordance with relevant international human rights standards. It also urges Honduras to
sign the Regional Agreement on Access to Information, Public Participation and Justice in
Environmental Matters in Latin America and the Caribbean (Escazú Agreement).
40.
The Working Group is alarmed to note that Congress does not exercise oversight over
decisions regarding protected areas to ensure that the impact on people and the environment
is transparently assessed and mitigated, with the inclusive participation of affected
communities. For example, the Working Group expresses its concern at the case of the
Montaña de Botaderos National Park, on the border between the Departments of Yoro, Colón
and Olancho, which was declared a national park by legislative decree No. 127-2012 but not
registered in the Catalogue of Inalienable Public Forestry Heritage by the Institute for the
Conservation of Forests, Protected Areas and Wildlife in contravention of article 8 of the
same decree.
41.
Noting that article 48 of the mining law prohibits the granting of mining licences in
areas inscribed in the catalogue of protected areas, the Working Group was troubled by the
decision of Congress to pass a legislative decree to reduce the core zone of the Montaña de
Botaderos National Park from 24,224 hectares to 23,900. Of the area removed from the core
zone, concessions were issued for extractive activities on 200 hectares. Such a change in
zoning coincided with the territory for which two applications for mining concessions had
been submitted, raising the question of whether the purpose of the decree was to
accommodate these concessions so that they would no longer be located in the core zone.
C.
Land rights
42.
Agriculture continues to be a driving force behind economic growth. Many small
farmers engage in small-scale and subsistence farming. Indigenous communities often hold
collective ancestral titles on land. Approximately 80 per cent of privately held land is,
however, either untitled or improperly titled.12
43.
Access to, use of and control over land are issues at the root of many social conflicts,
where business enterprises are – either directly or indirectly – involved.
44.
The Government informed the Working Group about several measures taken to
register and adjudicate land, including for the benefit of small-scale farmers and indigenous
and Afro-Honduran peoples. This includes the titling of some 1,114,976 hectares benefiting
around 25,000 families from 12 Miskito territorial councils, and the plan for the Alliance for
12
8
www.land-links.org/country-profile/honduras/#1528466934567-fd17cef6-5782.
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