A/HRC/44/43/Add.2
abuses; and ensure effective oversight by means of institution strengthening and
capacity-building for relevant State actors;
(d)
Repeal the relevant parts of the law on the classification of public
documents relating to national security and defence and subsequent relevant decrees
that classify information on technical studies, environmental licences and the locations
of concessions as secret;
(e)
Ensure effective implementation and oversight of the regulation
prohibiting mining activities in protected areas, and remove any legal and
administrative barriers to the prompt registration of protected areas in the Catalogue
of Inalienable Public Forestry Heritage;
(f)
Ensure protection of the right of people living in rural areas, including
indigenous peoples, to possess, use, develop and control their lands, and resources with
full security of their land rights; this includes the establishment of an appropriate and
effective permanent mechanism to enable indigenous peoples to submit claims and
obtain compensation for abuses of rights over their lands and natural resources; the
mechanism should coordinate with the judiciary, agricultural authorities and the Office
of the Special Prosecutor for Ethnic Groups and Cultural Heritage, and be provided
with the technical and budgetary capacity necessary;
(g)
Take immediate measures to protect the life and integrity of people at risk
because of their work defending the rights of communities, their land or the
environment in the context of development projects, and ensure prompt and impartial
investigation into cases involving threats and violence against them; this requires
strengthening existing mechanisms (for example, the national protection mechanism for
human rights defenders) and developing new initiatives with the systematic integration
of a gender perspective, such as:
(i)
The establishment, within the Office of the Attorney General, of
integrated teams with attorneys from relevant units of special offices to
strengthen its capacity to investigate all dimensions of crimes against defenders
and indigenous peoples, including when perpetrated by private entities;
(ii)
Preventing further misuse of the judicial system to criminalize human
rights defenders, including by developing safeguards and procedures to assess
whether criminal complaints are used as a pretext to prevent them from
exercising their rights to seek effective legal remedies for the communities and
individuals they represent;
(iii) Immediately repealing the provisions in the new Criminal Code and
legislative decree No. 102-2017 criminalizing dissent and silencing individuals
who stand up for victims of business-related human rights abuse;
(h)
Adopt the legal reforms necessary to promote greater transparency
relating to business activity, including with regard to conflicts of interest among public
officials with respect to their business associations and investments, and those of their
close family members; the regulatory framework should comply with standards under
the United Nations Convention against Corruption;
(i)
Amend relevant provisions in the new Criminal Code that reduce criminal
penalties for crimes, such as corruption and fraud, and repeal the Departmental Social
Fund Law as part of the efforts to combat corruption and impunity;
(j)
Reform the labour rights regime, including occupation health and safety
regulations, to bring it into line with international labour standards, including by:
(i)
Establishing an independent and adequately staffed, trained and
resourced Labour Inspectorate with a broad mandate to inspect, enforce and
impose penalties in cases of non-compliance with all human rights pertaining to
workplace in all sectors, including in the fishing industry affecting Miskito
indigenous peoples, with an emphasis on prevention;
19
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