Even in the context of the generalized insecurity that prevails in Honduras, the Subcommittee heard that those who take a stand against human rights abuses and violations, as well as journalists, justice sector workers and other peaceful activists are at particular risk of being killed, assaulted, kidnapped, threatened or intimidated.[61] DFATD officials indicated, however, that the extremely high murder rate in Honduras sometimes makes it “difficult to clearly establish if [such individuals] have been targeted because of their profession, or because they were simply at the wrong place at the wrong moment.”[62]

Ms. Major, from Amnesty International, drew the Subcommittee’s attention to a 2012 report by the Special Rapporteur on the Situation of Human Rights Defenders on her mission to Honduras. In her report, the Special Rapporteur noted that “human rights defenders and their families continue to be vulnerable to extrajudicial executions, enforced disappearance, torture and ill-treatment, arbitrary arrest and detention, death threats, attacks, surveillance, harassment, stigmatization, displacement and enforced exile.”[63] Witnesses told the Subcommittee that this trend continues. In addition to human rights defenders, journalists, justice sector workers and other peaceful activists are often the victims of violence. Mr. Main, for example, identified “disturbing patterns of killings, attacks and threats targeting individuals and groups that may pose a threat to powerful interests,” while Mr. Craig stressed the vulnerability of those who investigate and work on cases related to organized crime, drug crime and corruption.[64]

A.  Targeted groups vulnerable to attack

a.  Defenders of campesino land rights

Witnesses told the Subcommittee that tensions over access to and distribution of land have caused significant tensions and resulted in a number of deaths in Honduras.[65] In the Bajo Aguán region in northern Honduras, where there are disputes over land ownership between campesino (peasant farmer) communities and powerful land-owning families, violence has been particularly acute.

As Karen Spring, from Rights Action, explained to the Subcommittee, in Bajo Aguán

[o]wnership [of land] is being contested by the campesino or peasant farmer communities and cooperatives that existed in the 1990s. They are saying that the land was illegally taken from them by three large landowners. Within that region, which is on the northern coast of Honduras, each different peasant farmer movement has different land claims, so it adds to the complexity of the situation in the sense that there isn't one specific claim to the land. There are actually many different ones and many different circumstances that led to the land conflict and basically the landownership being contested.[66]

In the context of these land disputes, Ms. Major told the Subcommittee that in 2013 Amnesty International was aware of 400 families who were moved off the land they had occupied and were left “without access to running water, to education, [or] to health.”[67]

The Subcommittee was told that in 2012 the security situation in the region was so volatile that the UN Special Rapporteur on the Situation of Human Rights Defenders could not visit Bajo Aguán during her mission to Honduras.[68] The Inter-American Commission on Human Rights reports that 112 campesinos are alleged to have been killed between 2010 and 2014 in connection with agrarian conflict in the region.[69]

The Subcommittee heard allegations that both private and public security forces, including Honduran military units, were involved in killings, enforced disappearances and acts of intimidation against land-rights activists in Bajo Aguán and in other parts of Honduras.[70] Mr. Main explained that activists supporting communities opposed to plans for large-scale private ventures are particularly vulnerable.[71]

One of the highest-profile cases was the September 2012 killing of lawyer Antonio Trejo, who successfully litigated cases recognizing the land rights of campesino communities in Bajo Aguán.[72] Trejo was also part of a group of lawyers who, in September 2012, presented a constitutional challenge to stop the creation of “special development regions” in Honduras. Also known as “Charter Cities,” the special development regions will have jurisdiction to establish their own administrative and regulatory system, draft and implement their own legislation, establish separate courts and tribunals and maintain their own tax regimes (national taxes and duties will not apply).[73] Antonio Trejo’s brother, José Trejo, was also killed in November 2012. According to Amnesty International, José Trejo was shot dead by unknown men as he travelled on his motorbike in the north of the country. Reportedly, he had been in Tegucigalpa the day before his murder to meet with officials regarding his brother’s death.[74]

On a more positive note, the Subcommittee was encouraged to learn from Mr. Normandin, Director General of the Latin America and Caribbean Bureau at DFATD, that Honduras has established a government-civil society working group “to evaluate solutions for land reform in the troubled Bajo Aguán region.”[75] In addition, in the spring of 2014, two new prosecutors were assigned to deal with killings related to land disputes in northern Honduras.[76]

b.  Defenders of vulnerable and marginalized groups

In addition to individuals involved in land disputes, those who defend members of traditionally disadvantaged or vulnerable groups in Honduras are especially vulnerable. Defenders who work on issues relating to the human rights of women, children, lesbian, gay, bisexual, transgendered and intersex (LGBTI) persons and indigenous peoples have been particular targets of violence and intimidation.[77]

For example, Ms. Major told the Subcommittee that women human rights defenders accompanying victims of domestic violence to police stations to report assaults had been physically attacked and threatened with violence. She argued that the very state institutions that are supposed to protect women from domestic violence are responding with the same discriminatory attitudes that underlie gender-based violence.[78] Mr. Main provided another example: in May 2014, a newly created Honduran military police unit allegedly attacked a defender of children’s rights, José Guadalupe Ruelas, by beating, dragging and kicking him.[79] Ms. Major indicated that those who work to defend the rights of LGBTI persons in Honduras are also at a higher risk of attack.[80] The Inter-American Commission on Human Rights indicated, for example, that in 2013 members of an LGBTI advocacy group were reportedly physically assaulted and harassed, and in July 2013, a child of one of their leaders was kidnapped.[81]

c.  Justice sector workers

Justice sector workers in Honduras are also at risk.[82] In April 2013, the Chief of the Money Laundering Unit of the Office of the Special Prosecutor against Organized Crime, Orlan Arturo Chávez, was murdered.[83] In October 2014, two other prosecutors, Marlene Banegas and Olga Patricia Eufragio, and a public defender, Iris Argueta, were killed.[84] According to the Inter-American Commission on Human Rights, 86 lawyers have been murdered in Honduras since 2010.[85]

In addition, the Inter-American Commission continues to receive reports of violence, threats and pressure against members of the Honduran judiciary.[86] The Commission reported at least 20 death threats against judges in 2014, many of which were against criminal judges assigned to cases involving organized crime.[87]

In response to the killings of prosecutors Banegas and Eufragio, the Honduran Congress approved changes to the penal code to increase the penalty for murder of a judicial official to life imprisonment. The penalty for threatening government officials in the exercise of their duties was also increased to 20 years imprisonment.[88] The new law was cited as a positive development by officials from DFATD and by Mr. Craig, showing that Honduras is serious about protecting prosecutors and judges from threats and violence.[89] Mr. Main, on the other hand, questioned whether the increased penalties would be effective in reducing the number of attacks on justice sector workers.[90]

In addition, the Subcommittee was told that the Public Prosecutor’s Office has created a rapid response security team that can be deployed if a prosecutor is threatened. The Honduran government is also training prosecutors on human rights and self-defence. In addition, four prosecutors have been assigned to work with the Colegio de Abogados, the college of lawyers, on investigations related to attacks on lawyers.[91]

d.  Journalists and media workers

The Subcommittee heard that journalists investigating corruption, as well as those reporting on political issues, also face harassment, assault and the risk of assassination.[92] Mr. Kergin emphasized that threats to journalists investigating the Honduran drug trade are particularly acute.[93]

According to Freedom House, Honduras is currently considered one of the most dangerous countries in the world for journalists.[94] In December 2014, the Inter-American Commission on Human Rights reported a total of 46 killings of journalists and media workers since the 2009 coup (compared with three killings between 2003 and 2009).[95] Mr. Main indicated that, in 2014 alone, at least 8 journalists and media workers were killed and a number of other journalists received death threats. One journalist also went into hiding after his police escort and an official who had denounced corruption on his television show were both murdered.[96]

e.  Opposition political activists and labour leaders

The Subcommittee was told that, in the last three years, members of opposition political parties have been increasingly threatened and targeted for assassination. Forty-five members of the opposition Libre party are alleged to have been killed between the November 2013 elections and April 2014.[97] In addition, the Subcommittee heard testimony that the Committee of Relatives of the Detained and Disappeared in Honduras (COFADEH) had documented the killings of over 200 other dissidents.[98]

The Subcommittee was informed that unions and labour organizers likewise have been attacked and intimidated.[99]

B.  Implementation of precautionary measures ordered by the Inter-American human rights system

One of the principal forms of recourse for human rights defenders, journalists, justice sector workers and other peaceful activists who face threats to their safety in Honduras is to apply for precautionary measures from the Inter-American Commission on Human Rights. Canadian officials explained to the Subcommittee that

The IACHR [Inter-American Commission on Human Rights] defines these measures as a request, issued in serious or urgent situations, that the State “adopt precautionary measures to prevent irreparable harm to persons or to the subject matter of the proceedings in connection with a pending petition or case, as well as to persons under the jurisdiction of the State concerned, independently of any pending petition or case.” The IACHR has indicated that Honduras has responded to the Commission’s requests for information and has allowed official visits by IACHR delegations, but many people who are the subject of precautionary measures have reported that effective protection measures are not being implemented, and that they continue to be at risk.[100]

Mr. Normandin indicated that the Office of the Inspector General of Honduras is currently administering 39 sets of precautionary measures.

In December 2014, the Inter-American Commission noted efforts by Honduran authorities to modernize and improve their system for implementing precautionary measures.[101] In some cases, police protection has been assigned to the beneficiaries of such measures; in other cases, beneficiaries have been given information such as phone numbers to call in case of emergency.[102] Nevertheless, Mr. Main criticized the overall implementation of precautionary measures, indicating that in many cases police units are unaware of how to implement the measures or lack the necessary resources to do so. In some cases, there have been allegations of police complicity with actors that beneficiaries consider to be threatening.[103]

Bertha Oliva, General Coordinator of COFADEH, appeared before the Subcommittee in April 2014. Ms. Oliva and her colleagues have themselves been subject to threats and intimidation, and Ms. Oliva has been the subject of a precautionary measures order since 2009.[104] In June 2014, a COFADEH staff member was reportedly kidnapped for several hours and beaten.[105] In July, members of COFADEH’s staff were threatened again, reportedly as a result of their work defending human rights.[106]

C.  The right to defend human rights

The Subcommittee observes that violent attacks on, and threats against, human rights defenders, journalists, justice sector workers and other peaceful activists violate or limit these individuals’ enjoyment of their human rights. Rights that may be at issue include the right to life; to security of the person; to freedom from arbitrary detention; to freedom from torture and inhuman or degrading treatment; and to freedom from enforced disappearance. In addition, attacks on those who defend human rights violate these defenders’ rights to freedom of expression, association, peaceful assembly and their right to take part in the conduct of public affairs.

Having heard Ms. Oliva’s testimony and other reports of serious threats to members of her organization, the Subcommittee calls upon the Government of Honduras to ensure the welfare of the staff of COFADEH and other Honduran human rights defenders. Honduras also needs to take concrete steps to protect the ability of COFADEH and others to continue defending human rights in the country.

The prevalence of attacks on justice sector workers also raises serious concerns. Such attacks can undermine access to justice, the right to a fair trial, the right to equality before and under the law and the right of individuals to a remedy when their human rights are violated.[107] An independent and impartial judiciary and competent, professional and ethical prosecutors and lawyers are indispensable to establishing the rule of law in Honduras. Moreover, international human rights standards require that justice sector workers be protected from violence, intimidation, threats, harassment and improper interference.[108]

The Subcommittee wishes to take this opportunity to emphasize that international human rights standards also protect the right of everyone, “individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.”[109] Moreover, as the Inter-American Commission on Human Rights has stated,

the work of human rights defenders is fundamental for the universal implementation of human rights, and for the full existence of democracy and the rule of law. Human rights defenders are an essential pillar for the strengthening and consolidation of democracies …. Accordingly, when a person is kept from defending human rights, the rest of society is directly affected.[110]

The Subcommittee urges the Government of Honduras to redouble its efforts to protect, support and uphold the right to defend human rights. Investigations into attacks on the groups discussed above need to be adequately resourced, prompt, impartial and diligent. The Government of Honduras’ efforts should include publicly condemning and holding accountable those responsible for attacks on human rights defenders, justice sector workers, journalists and other peaceful activists. By publicly recognizing the important contributions of human rights defenders – as the official Truth and Reconciliation Commission recommended – the Government of Honduras could contribute to fostering greater respect for human rights in the country as a whole.

Finally, the Subcommittee believes that strategies to address entrenched human rights problems are more likely to be successful in the long term if they are developed in collaboration with those most likely to be the victims of violations and abuses and are based on the principles of equality and non-discrimination enshrined in international human rights law.[111]