A/HRC/43/3/Add.2
Annex
Report of the United Nations High Commissioner for Human
Rights on the situation of human rights in Honduras
I. Introduction
1.
On 4 May 2015, the United Nations High Commissioner for Human Rights signed
an agreement with the Government of Honduras to establish a country office with a
mandate to monitor the human rights situation, assist State institutions to comply with
international human rights laws and standards, and promote awareness and knowledge of
human rights.
2.
The present report is based on the information collected through the monitoring
carried out by the Office of the United Nations High Commissioner for Human Rights
(OHCHR) in Honduras in line with its mandate.
II. Context
3.
During the period under review, Honduras remained marked by a profound social
and political crisis, with high levels of poverty, violence and insecurity. The year was also
marked by ongoing trials in domestic and foreign courts dealing with corruption cases and
alleged collusion between members of the political establishment and criminal networks.
4.
Given that the credibility of the electoral system was affected by the 2017 elections
and in view of the recommendations of the international electoral observation missions
(European Union and Organization of American States), electoral reforms were prevalent
on the agenda of the legislature. In February 2019, the Congress adopted a decree splitting
the former Supreme Electoral Tribunal into the National Electoral Council and the Electoral
Justice Tribunal, and expanded the number of commissioners of the National Registry of
Persons from three to five. The decree regulates the operation of the two new electoral
entities and leaves the previous electoral regulation in force, which was not modified by the
reforms. According to electoral experts who have visited Honduras, this has resulted in
inconsistencies and ambiguities that represent challenges to ensuring a transparent process
in the 2021 presidential elections. Furthermore, the decree did not address crucial issues
relating to the re-election of the President and the second electoral round. On 24 September,
Congress nominated the members of the two committees tasked with drafting two laws to
regulate the functioning of the new electoral bodies. It is expected that Congress will adopt
the new legislation during the first half of 2020.
5.
In September, the appointment process of the electoral authorities, regulated by an
ad hoc law adopted on 19 August,1 was criticized by sectors of civil society because of its
lack of civic participation and transparency, with party affiliation prevailing over any other
criteria.2
6.
In May, Congress published Decree No. 130-2017 on the new Penal Code, which in
the view of OHCHR falls below international and regional human rights standards in the
qualification of criminal offences on corruption and violence against women and affects the
freedoms of expression and assembly.3 Among other concerns, the proposal lowers prison
terms for crimes against the public administration, such as money laundering, fraud and
embezzlement. The Mission against Impunity and Corruption in Honduras stated that such
reduced sanctions, combined with the principle of retroactivity, which will enable the
1
2
3
2
Ley Especial para la Selección y Nombramiento de Autoridades Electorales y Atribuciones,
Competencias y Prohibiciones, Decree No. 71/2019.
See http://asjhonduras.com/webhn/tag/seleccion-de-autoridades-electorales/.
See https://oacnudh.hn/publicaciones/ (in Spanish).
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