A/HRC/43/3/Add.2 Progreso faced threats, harassment and a kidnap attempt that might be related to the independent line of the radio. At the time the present report was finalized, 12 social communicators and 5 journalists were under the protection of the National Mechanism, while others had opted for non-State alternative measures. 59. In January, the Supreme Court confirmed a 2016 sentence to 10 years of detention of journalist David Romero Ellner, Director of Radio Globo and owner of the website “ConfidencialHN”, on charges of defamation and slander. On 21 March, the InterAmerican Commission on Human Rights granted precautionary measures to Mr. Romero Ellner and requested the State of Honduras to suspend the execution of the sentence until the Commission had issued a decision on the case.44 However, on 28 March the intelligence and special security response troops of the national police, a special force originally created to combat organized crime, arrested the journalist at the radio station. VII. Equality and non-discrimination A. Rights of indigenous peoples and Afro-Hondurans 60. The land and territorial rights of indigenous communities remain unprotected and the effects of lack of consultation and consent remain visible, as illustrated by the situation of the indigenous communities of Reitoca and Tornillito, amongst others. Reparations ordered by the Inter-American Court of Human Rights in 2015 concerning the Garifuna communities of Triunfo de la Cruz and Punta Piedra, namely demarcation and land titling, remained unimplemented, fuelling protests. In July, Miskito indigenous communities and organizations protested in the northern departments asking for effective action by the State to halt the invasion of indigenous lands by third parties. 61. During 2019, five Garifuna women and one man were murdered in the departments of Colón and Cortés; three of them were members of OFRANEH (Organización Fraternal Negra Hondureña), an organization that works to protect the economic, social and cultural rights of Garifuna communities, particularly with regard to the defence of their culture and territory. The emblematic human rights defender, Miriam Miranda, activist and director of OFRANEH, was also the object of threats and intimidations throughout the year. 62. On 23 May 2018, the Executive submitted to Congress a draft law on free, prior and informed consultation, which was before an ad hoc committee at the time the present report was finalized. In June 2019, the Committee asked OHCHR for technical assistance in the design of a consultation process. OHCHR reiterated recommendations it had previously made, together with other international mechanisms, in particular the need to carefully consider if the conditions existed for development of the law and that it would be necessary to engage in confidence-building. OHCHR warned Congress of the risk of heightened social unrest if such conditions were not met (see A/HRC/33/42/Add.2).45 63. On 24 May 2019, the Inter-American Commission of Human Rights referred the case of Opario Lemoth Morris and others to the Inter-American Court of Human Rights, arguing that the State of Honduras had violated the right to life, personal integrity, equality and non-discrimination in relation to 34 Miskito divers. 46 Miskito deep-water divers continue to face exploitative and unsafe working conditions, as made evident by the deaths in July of 27 divers and the disappearance of 9 in the context of the sinking of commercial boats on which they worked. In 2019, the Labour inspectorate did not conduct any inspection of fishing vessels on the high seas. 44 45 46 12 See www.oas.org/es/cidh/decisiones/pdf/2019/15-19MC75-19-HO.pdf (in Spanish). See also www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/LegislationAndPolicy.aspx. See www.cidh.oas.org/annualrep/2009sp/Honduras1186-04.sp.htm (in Spanish).

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