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

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

The Committee notes the information provided by the Government for the period ending September 2013. The Government indicates that representatives of all State Secretariats were invited to participate in the preparation of the report, with provision made for dissemination of the replies among the parties concerned. The Committee notes with interest the observations and conclusions of the participants in an information workshop on the report which was held on 29 August 2013, with ILO assistance. The Committee requests the Government to provide information in its next report on the follow-up action taken with respect to the concerns expressed and recommendations made by the indigenous and Afro-Honduran peoples. The Committee invites the Government, when preparing its next report, to consult the social partners and indigenous organizations on the matters raised in the present comments and to include information on the results achieved by the measures taken to give effect to the Convention (Parts VII and VIII of the report form).

Articles 6 and 7 of the Convention. Appropriate consultation and participation procedures. The Government indicates that, since the creation of the State Secretariat for the Indigenous and Afro-Honduran Peoples (SEDINAFROH), there is inter-institutional collaboration with the Secretariat for Natural Resources and the Environment (SERNA), the Honduran National Business Council (COHEP) and the ILO regarding the construction of a model for free and informed prior consultation. With reference to its previous comments, the Committee: (i) requests the Government to include information in its next report on the measures taken to establish an appropriate consultation and participation mechanism in conformity with the Convention, taking account of its general observation of 2010; (ii) reiterates its request to the Government to guarantee that the indigenous peoples are consulted and can participate in an appropriate manner through their representative institutions in the formulation of such a mechanism, so that they can express their views and influence the outcome of the process; and (iii) recalling that it observed in its previous comments that flexible consultation procedures existed, invites the Government to provide information on the use that has been made of such mechanisms pending the adoption of appropriate new procedures.

Protection of the rights of the Miskito peoples. With reference to its observation of 2012, the Committee notes the information supplied by the Government on the activities of the Inter-Institutional Committee set up to address and prevent the problems of dive-fishing. The Government indicates that a comprehensive annual inspection is carried out at the end of the close season in coordination with other institutions, such as the Directorate-General for the Merchant Marine and the Honduran Naval Forces. In 2013, a total of 34 fishing vessels operating out of La Ceiba, Roatán and Guanaja were inspected, covering a total of 2,285 workers (1,014 divers, 1,014 auxiliaries and 257 crew members). The Committee reiterates the Government to continue providing information on the conditions of work, social security and health of Miskito divers.

Mining and hydroelectricity. The Committee notes the request made in August 2013 by the Lenca Indigenous Movement of Honduras (MILH) that Article 15(1) and (2) of the Convention should be complied with whenever hydroelectric or mining projects are undertaken. The MILH also indicates that three communities in Yamaranguila are being removed from the lands they occupy. The Committee reiterates the request that it has been making for several years regarding the construction of a hydroelectric dam in the middle reaches of the Patuca river (Patuca Hydroelectric Project) and its impact on the Miskito and Tawahka peoples. The Committee refers to Article 16 of the Convention and requests the Government to indicate in its next report the manner in which it is ensured that the relocation and compensation of the communities referred to by the MILH are carried out under the conditions established by the Convention.

In a direct request, the Committee invites the Government to continue reporting on the promotion of self-identification and the activities of the State Secretariat for the Indigenous and Afro-Honduran Peoples (SEDINAFROH); land titling processes; consultations required with indigenous peoples in relation to natural resources; conditions of employment, social security and health services.

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