A/HRC/44/43/Add.2
the Development of the Moskitia, in which priority is given to land titling and regulation in
the region.
45.
Challenges nonetheless remain to ensure appropriate processes of territorial
regularization, legal recognition and legal protection of land, in accordance with international
standards. Local communities and farmers explained the negative effects that they continue
to endure in relation to access and the use of land and natural resources, especially in the
context of development projects. The Working Group identified some recurring patterns.
46.
Firstly, the Working Group was informed about cases of small-scale farmers,
including indigenous communities, who claim farmland as their own. Companies dispute
those claims and routinely file lawsuits against them with the aim of taking possession of the
land in question. In Bajo Aguan, for example, this pattern of behaviour fuelled violence, with
dozens of people reportedly killed and hundreds more injured and arrested.
47.
Secondly, the Working Group learned that the Government had granted licences for
businesses to operate in non-core protected areas, affecting communities and the cultural
heritage and livelihoods of indigenous peoples, such as the Tolupan indigenous peoples in
San Francisco Locomapa (A/HRC/33/42/Add.2, para. 22).
48.
Thirdly, the Working Group was informed that the numerous cases of eviction of
small farmers to allow business enterprises to occupy land had been conducted with excessive
use of force by police and military, and in some cases with the involvement of private security
companies, resulting in injury and loss of life. It recalls that businesses should exercise due
diligence before initiating operations on land that is inhabited or used by communities for
their livelihoods, and proactively engage with those communities. The Government should
take effective measures against forced evictions in accordance with international human
rights standards, and ensure that victims have access to effective recourse that allows
restitution of their possessions, return to their homes or land, and appropriate compensation.
D.
Labour rights
49.
Many Hondurans are leaving the country not only for reasons of insecurity and
violence but also because of a lack of viable economic opportunity. Protecting labour rights
is an important part of ensuring workers’ security and stability and of addressing the critical
underlying factor of economic inequality. According to official data, 68.5 per cent of the
population is either unemployed or underemployed; of them, 48.8 per cent work full time and
earn less than the minimum wage, with women disproportionately enduring substandard
conditions of work.13
50.
The Working Group noted the measures taken to improve access to the labour market
and working conditions, to eradicate child labour and to regularize informal labour. It
welcomes the adoption of the new Labour Inspection Act (decree No. 178-2016) in 2017,
which addressed some of the weaknesses identified in the former regime, such as the
possibility for the employer to refuse a labour inspection. The new regime also imposes
higher financial penalties for violations of workers’ rights.
51.
The labour inspection system is now concentrated in a general directorate for labour
inspections under the Ministry of Labour and Social Security. To strengthen its capacity, the
number of inspectors has increased from 98 to 180, and will progressively reach 300. A unit
for the promotion of work inclusion was created to strengthen measures to prevent accidents
and abuse in the workplace, while the Social Security Law adopted in 2001 provides for, inter
alia, a framework for pensions and health-care coverage. These are important steps to uphold
labour rights and to sanction companies that do not comply with the law.
52.
Serious concerns nonetheless remain regarding the protection of the full spectrum of
internationally recognized labour rights and in all sectors, given the a weak regulatory
framework and insufficient levels of implementation and oversight.
13
National Statistics Institute, Household Survey, 2018.
9
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