Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1 of the Convention. Self-identification. The Committee notes that the nine indigenous peoples and “pueblos negros” in the country comprise 20 per cent of the national population, according to the national census of 2001 and the census conducted by the peoples themselves in 2007. The Committee would be grateful if the Government would include information in its next report on the results of the cooperation between the National Institute of Statistics and the State Secretariat for the Indigenous and Afro-Honduran Peoples (SEDINAFROH) with regard to the continued promotion of self-identification of the peoples concerned.

Articles 2 and 33. Coordinated and systematic action. The Committee notes the establishment in October 2010 of SEDINAFROH, whose responsibilities include ensuring the exercise of the civic rights of the peoples concerned and establishing effective mechanisms for the construction of inter-cultural and political public information forums. SEDINAFROH was given responsibility for implementing the programmes and projects overseen by the Executive Authority relating to indigenous and Afro-Honduran peoples. The Committee notes the “Strategic plan for the comprehensive identity-oriented development of the indigenous and Afro-Honduran peoples (2011–22)”, which updates a “Plan for the comprehensive development of the indigenous peoples of Honduras” adopted in 2008. The Committee also notes the document defining the characteristics of the indigenous and Afro-descendant population of Honduras which constitutes a baseline of the “Plan for the comprehensive development of the indigenous peoples of Honduras” (DIPA). The Committee would be grateful if the Government would include information in its next report on the SEDINAFROH activities in which the peoples concerned have participated. The Committee requests the Government to include information on the implementation of the “Strategic plan for the comprehensive identity-oriented development of the indigenous and Afro-Honduran peoples (2011–22)” and on the follow-up action taken with regard to the draft Bill concerning the comprehensive development of the indigenous and Afro-descendant peoples of Honduras.

Articles 8 and 9. Customary laws. The Government indicates in its report that, despite the fact that the legislation in force in the country applies equally and without racial discrimination, when judges apply the law they favour the rights of indigenous and Afro-Honduran peoples in accordance with the fundamental human and social rights established in the Constitution of the Republic and international standards. The Committee invites the Government to include examples of court decisions in its next report which have favoured the customs or customary laws of the indigenous and Afro-Honduran peoples.

Article 14. Lands. The Government refers to the relevant provisions of the Constitution of the Republic and the Property Act. The Committee again invites the Government to provide information in its next report on progress made on land regularization and titling, indicating the surface area of lands regarding which indigenous peoples have submitted claims and of lands for which titles have been granted.

Article 15. Natural resources. The Committee notes the adoption of the General Mining Act (Decree No. 238-2013 of 23 January 2013) and the Organic Act concerning employment and economic development zones (Decree No. 120-2013 of 12 June 2013). The Committee invites the Government to indicate in its next report how the national legislation ensures that the peoples concerned are consulted before any programme is undertaken or authorized in relation to the exploration or exploitation of natural resources on their lands and how they are able to participate in the benefits deriving from the exploitation of these resources. The Committee hopes to be able to examine information enabling it to verify that the rights of indigenous peoples to natural resources, as established by the Convention, have been safeguarded.

Article 20. Conditions of employment. The Committee notes the documentation attached to the Government’s report concerning the planning of the pilot programme entitled “Strengthening of the labour administration in the department of Intibucá in the context of the Indigenous and Tribal Peoples Convention, 1989 (No. 169)”. In its direct request of 2008, the Committee noted the preventive actions taken by the Government to promote the application of safety measures in rural areas with regard to the use of pesticides and the fact that resources for labour inspection in rural areas and indigenous communities are limited. The Committee would be grateful if the Government would supply up-to-date information on the implementation of the pilot programme in the department of Intibucá. The Committee also reiterates its request for information on the conditions of work of indigenous peoples and “pueblos negros” in rural areas. The Committee requests the Government to include information on the coverage provided by the social security scheme (Article 24) and to specify the manner in which the cooperation of the peoples concerned has been ensured with regard to the planning and administration of health services (Article 25(2)).

[The Government is asked to reply in detail to the present comments in 2015.]