Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Honduras (Ratification: 1995)

Article 1 of the Convention. Scope. The Committee notes that the Ministry of the Interior and Justice is processing the applications for legal personality filed by indigenous peoples, and indicates that 12 of them were submitted by federations and confederations. The Committee asks the Government to indicate the number of applications being dealt with, and those still being processed, specifying whether any difficulties have arisen in the procedure for granting legal personality to indigenous and “pueblos negros” and, if so, of what nature.

Articles 2, 6 and 33. Consultation and participation. The Committee notes that the National Indigenous Council of Honduras (CNIH), which constituted an attempt by federations of indigenous peoples to set up a body to represent them, was not formed and that the federations themselves opted to strengthen the Confederation of Indigenous Peoples of Honduras (CONPAH). The Committee requests the Government to state whether, in practice, the indigenous and “pueblos negros” of Honduras referred to by the Government in its report are represented in CONPAH and to provide detailed information on the extent to which CONPAH is representative. Should there be peoples that do not participate in CONPAH, the Committee requests the Government to consider how their participation can be ensured, and to provide information in this regard. Having noted in its observation the procedures for participation and consultation, the Committee requests the Government to provide copies of decisions, agreements and studies showing the manner in which the participation and consultation procedures are conducted in practice.

Article 7. Participation and development. The Committee notes the information sent by the Government, particularly concerning projects drawn up in the framework of the Forestry and Rural Productivity Programme, including a plan for the participation and development of the Pech and Tolupan peoples. The Committee requests the Government to provide detailed information on the participation of indigenous peoples in accordance with Article 7 of the Convention, and particularly the Pech and Tolupan peoples. It repeats its request for information on the possible impact on the Miskito and Tawahka peoples of the construction of a hydroelectric dam in the middle reaches of the Patuca river (Patuca II Hydroelectric Project).

Articles 8 and 9. Customs and customary law. The Committee notes the Government’s indication that, although indigenous law exists, it is not recognized in the present legislation but is taken up in the Bill on the Comprehensive Development of Indigenous and Afro-Honduran Peoples. The Committee requests the Government to respect the methods customarily practised by the peoples concerned for dealing with offences committed by their members, to the extent compatible with the national legal system and internationally recognized human rights and invites it to provide information on the manner in which Article 9 is applied in law and in practice.

Article 14. Land rights. The Committee notes that the Strategic Plan for the Comprehensive Development of Indigenous Peoples sums up clearly the status of the lands and territories of indigenous peoples, indicating claims, titles granted and applications for regularization. The two peoples most affected are the Chorti and Tolupan, most of whom were divested of their ancestral lands and currently have no lands of their own. The Committee also notes that under the Strategic Plan, one of the short-term priorities is the regularization and titling of lands. It notes that under the Strategic Plan, the Miskito people have received no titles and only partial usufruct of the lands claimed. The Committee encourages the Government to pursue the process of regularization and titling of lands. Please provide information on this matter, indicating the surface area of the lands subject to indigenous claims and of the land for which titles have been granted.

Articles 14, 17 and 18. The Committee reiterates its request for information on the manner in which the dispute was settled between the Tolupan people and the owners of sawmills and plantations who had appropriated their traditional forests and lands, whether legally or otherwise. It also reiterates its request for information on any cases of relocation of indigenous peoples and the scope of section 13(d) of the Agrarian Reform Act which prohibits such relocation. Please also provide information on instances of the application of Articles 17(3) and 18 of the Convention.

Article 15. Consultations and natural resources. The Committee reiterates its request for information on the manner in which consultations are carried out in practice regarding the exploitation of mining resources and practical examples of participation in the benefits referred to in this Article of the Convention.

Article 20. Conditions of employment. The Committee notes the Government’s indications regarding the preventive actions developed with the aim of promoting the application of safety measures in rural areas where pesticides are used. It also notes that the labour inspection in rural areas and indigenous communities is limited due to resource constraints. It takes note of the training activities for divers, including the “Safe Diving Basic Training” project. The Committee hopes that the Government will provide the labour inspection services with the resources necessary to fulfil their mandate and it requests the Government to provide detailed information on the conditions of work of indigenous peoples and “pueblos negros” in rural areas and in diving activities, and to indicate whether there have been any further accidents in these areas.

Part VIII of the report form. The Committee requests the Government to provide any further information regarding Part VIII of the report form.