A/HRC/44/43/Add.2
Mission to Support the Fight against Corruption and Impunity in Honduras failed and that its
mandate has not been renewed. The conclusion of the Mission’s work adds to the concerns
already expressed by the Working Group regarding the amendments to the new Criminal
Code, which will reportedly reduce criminal penalties for embezzlement, fraud, illicit
enrichment and drug trafficking, potentially allowing corrupt officials to avoid serving any
time in prison.
85.
Moreover, through legislative decrees Nos. 116-2019 and 117-2019, Congress has
imposed measures that make it very difficult to investigate crimes of corruption in the
country. Decree No. 116-2019 includes the reactivation of the departmental social fund that
allows members of Congress and public officials to receive and execute public funds for
social works. Among its provisions, it grants the Higher Court of Audit – the entity
responsible for ensuring proper use of State assets and resources – three years to audit funds,
during which time public officials may not be investigated nor charged by the Public
Prosecutor’s Office for improper use of resources. If the Court determines that the funds have
been used improperly, those responsible have a period of four years to return the funds before
they may be criminally charged. At the same time, decree No. 117-2019 has restored
parliamentary immunity for matters relating to its legislative functions. These developments
are a cause for great concern, since the misappropriation of public resources through the Fund
has been the focus of several investigations by the Mission to Support the Fight against
Corruption and Impunity in Honduras and the Special Prosecution Unit to Fight Corruptionrelated Impunity.
86.
These developments represent a serious setback in the fight against corruption and
impunity, and call into question the political will and determination of institutions that should
address these endemic problems.
A.
National human rights institution
87.
The Working Group met with the National Commission on Human Rights
(CONADEH), a constitutional body with a strong mandate to protect and promote human
rights. The Commission expressed its commitment to advancing implementation of the
Guiding Principles. Article 16 of the organic law on the National Commissioner for Human
Rights (decree No. 153-95) gives the Commission the mandate to investigate complaints of
alleged human rights violations committed by the public administration or private entities
when they undertake public functions. The Commission has, however, interpreted its
mandate broadly, and also addresses human rights abuses committed in the private sector. 26
The Working Group encourages the Commission to advocate for amending the law to
explicitly extend its mandate to address all acts and omissions by the private sector when
they have an impact on the whole spectrum of human rights.27
88.
In the meetings that the Working Group held with representatives of civil society,
many expressed a lack of confidence in the Commission and its ability to deliver on its
mandate effectively, especially in the context of business-related human rights abuses and
the protection of human rights defenders. The accreditation of the Commission in November
2019 of A status is a welcome development that should prompt it to strengthen its mandate
and to develop a more proactive strategy to prevent and address cases relating to harm to
people and the environment by businesses, including by facilitating access to effective
remedy. The Commission should be provided with adequate funding and capacity in order to
discharge its mandate effectively.
89.
The Working Group is concerned that the Commission was considering the creation
of a certification mechanism for companies with respect to human rights and responsible
business conduct. This should not be the role of a national human rights institution, which
should not give the impression that it is providing public assurances or its seal of approval
about whether a business does in fact respect human rights.
26
27
See www.ohchr.org/Documents/Issues/Business/Remedy/CONADEH_Honduras.pdf.
See https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/SCA%20Report%
20October%202019%20English.pdf?Mobile=1.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents