A/HRC/41/35/Add.2
Recommendation
Status
legislation.
Repeal articles 125 (3) and 299 of the Penal
Code and refrain from attempts to silence
criticism in the name of “insult” of public
authorities (para. 85)
C.
Contravened. The implementation of
this recommendation has been deemed
unnecessary by the State. Judicial
processes invoking articles 125 (3) and
299 of the Penal Code continue.
Honduras
27.
The former Special Rapporteur, Frank La Rue, conducted an official visit to
Honduras from 7 to 14 August 2012. He presented his findings in his report to the twentythird session of the Human Rights Council, held in March 2013 (A/HRC/23/40/Add.1).
Comments from the State were presented at the same session (A/HRC/23/40/Add.3).
28.
During the visit, the Special Rapporteur followed up on developments in Honduras
since the previous visit of the mandate holder in November 2007 (see A/HRC/11/4/Add.2).
In particular, he sought to analyse the situation in the light of the coup d’état of June 2009.
29. The visit was carried out in the context of frequent violent attacks against journalists.
The impunity surrounding these crimes reflected profound institutional weaknesses at the
time. Compounding that situation were disproportionate legislative restrictions on freedom
of expression, including criminal charges for defamation, libel and slander, and the failure
to effectively incorporate the rights of indigenous peoples and Afro-Honduran communities
into the legal framework governing freedom of expression. Against a backdrop of narrowly
concentrated media ownership and a generally polarized media landscape, these factors
gave rise to serious concern in the course of the visit.
30.
Elections were held in Honduras in 2013 and 2017. On both instances, the vote was
marked by substantial allegations of corruption, fraud and intimidation. Following a delay
in tallying votes cast in the election of November 2017, and the subsequent declaration of
victory for the incumbent candidate of the National Party, protests began around the
country. A state of emergency was proclaimed on 1 December 2017, leading to the
imposition of a curfew from 6 p.m. to 6 a.m. until 11 December 2017 and the mass
detention of protestors and others deemed to have violated it. As protests spread, 21
civilians and 1 police officer were killed, with many more wounded. According to OHCHR,
at least 13 of those persons, including 2 children, were shot and killed by security forces
during the policing of protests or subsequent, connected operations (A/HRC/37/3/Add.2,
para. 20). The Special Rapporteur welcomes information provided by the State regarding
the opening of investigations into all of the deaths identified as having occurred in the
context of the protests. However, he regrets that further steps towards prosecution have
been taken in only two such cases.
31.
These recent events and grave violations connected to freedom of expression signal
the underlying instability of the environment for exercising the right in Honduras. They
occurred despite the recommendations made by the former Special Rapporteur following
the visit. The recommendations concerned violence and impunity; freedom, pluralism and
diversity in the democratic debate; litigation connected to acts of expression; and access to
information.
32.
The Special Rapporteur welcomes the information submitted by the State in support
of the present report and the responses to the 28 communications sent by the mandate
holder since the visit, along with the specific efforts made to implement the
recommendations and improve the environment for freedom of opinion and expression in
the country (see table 3). However, he stresses that there remains much work to be done to
see improvements on paper transferred into progress in practice, for which a holistic,
consistent approach is necessary.
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