Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

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

Written information provided by the Government

Protection measures implemented as a result of violent deaths and threats to members of indigenous and Afro-Honduran peoples (PIAH)

(1) Protection measures requested for indigenous leaders Cándido Martínez Vásquez and Manuel Salvador Sánchez, from the Lenca San Tomas community, Gualcince, Department of Lempira, who have received death threats;

(2) members of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) in the context of precautionary measures MC-112-16;

(3) executive committee and advisers of the Garifuna de Cristales and Rio Negro community, Trujillo, Colón;

(4) members of the Independent Lenca Indigenous Movement, La Paz (MILPAH);

(5) Lenca indigenous leader Cándido Roberto Martínez (Gualcince, Lempira);

(6) Lenca indigenous leader Manuel Salvador Sánchez (Gualcince, Lempira);

(7) Lenca indigenous leader Felipe Benítez, La Paz (MILPAH);

(8) Francisco Gámez, Lempira (COPINH);

(9) Rosario García Rodas, representative of the Lenca Indigenous Organization of Honduras (ONILH);

(10) Luis Antonio Gonzáles, Luquigue, Yorito Yoro;

(11) José Isabel López (Guaruma Montaña de la Flor);

(12) executive council of the Tolupán de Candelaria tribe, Yoro;

(13) José Camilo Rodríguez, José Adán Medina, Simeon Rodríguez (Candelaria tribe, Yoro);

(14) members of the Pech Santa Maria del Carbon tribe, Olancho;

(15) Lenca indigenous leader Apolinario Vásquez (La Paz).

Measures needed to promote a climate free of violence for the members of indigenous communities and their representatives, and to ensure the full and effective exercise of their human and collective rights, as well as their access to justice

From its creation in 2018 until February 2021, the Prevention and Context Analysis Unit has drawn up a total of 14 plans for prevention and guarantees of non-recurrence, which have been formulated in conjunction with the population groups benefiting from protection measures in different areas of the country, such as the Lenca indigenous people of La Paz, the Tolupán indigenous people of La Montaña de La Flor, Garifuna communities of Puerto Cortés, Lenca indigenous communities of Intibucá; defenders of the LGBTI community; journalists and media representatives, human rights defenders in the south of Honduras, and also defenders of the right to land through agrarian reform in Bajo Aguán.

Moreover, the above-mentioned Unit has organized 43 dissemination days in relation to the Protection Act, training 814 individuals, including human rights defenders, defenders of indigenous communities, members of the Garifuna people, trade unionists, journalists, media representatives and justice officials.

In 2020, with technical assistance provided through the Letter of Understanding of the Office of the United Nations High Commissioner for Human Rights and the Human Rights Secretariat, the “Handbook for the implementation of gender and intersectional mainstreaming” in assistance provided by the National Protection System.

Also in 2020, with technical assistance from the European Union rights programme, two protocols were drawn up to provide comprehensive assistance for beneficiaries of the National Protection System: (i) Protocol for the implementation and follow-up of temporary relocation, in the context of a pandemic or similar scenarios, by the Implementation and Monitoring Unit, and its guide to implementation; and (ii) Protocol for a comprehensive response to requests for protection measures in the context of a pandemic or similar scenarios by the Case Reception and Immediate Response Unit, and its guide to implementation; and a Protocol for institutional coordination between the Department for Preventive Risk Management in relation to Human Rights Violations and Social Conflict and the Prevention and Context Analysis Unit (UPAC) of the Department for the System of Protection for Human Rights Defenders, Journalists, Media Representatives and Justice Officials, attached to the Human Rights Secretariat.

Appropriate measures to ensure that responsibility is apportioned and the instigators are punished in the Berta Cáceres case

According to a report issued by the Special Prosecutor’s Office for Crimes against Life with regard to the instigators, proceedings are currently under way against Mr Roberto David Castillo Mejía. Here no judgment has yet been issued because of delays in the proceedings, owing to the fact that the Public Prosecutor’s Office has continued its investigations in order to determine whether any other individuals have been involved in this murder and if so on what basis. Even with the existing delays, the trial against Mr Castillo was opened on 6 April 2021. However, the defence of the accused and suspected instigator, Mr David Castillo, submitted a challenge against the trial court, specifically against the judges who will decide whether or not the accused is guilty, resulting in the deferral of the trial until the Court of Appeal decides whether or not to replace the judges conducting the proceedings. These proceedings have been dismissed, with the requested replacement resulting in the rescheduling of the oral and public trial.

Measures implemented with regard to the process of prior, free and informed consultation

The Bill was shared with private enterprise institutions, organizations from civil society and international cooperation, and human rights defenders, not only to publicize the Bill but also to obtain a technical opinion in this regard and seek cooperation in the process of dissemination, consultation and adoption of the Bill.

Meetings were held with various sectors to pinpoint the precise objective and content of the Bill.

The Evaluation Committee, with support from the National Congress Legislative Management Department in the process of planning consultations, and in order to ensure the opening up and inclusion of the sectors involved, sent a request for advice and support in the formulation of the consultation strategy to the Office of the High Commissioner for Human Rights in Honduras, to the Inter-American Commission on Human Rights, and to the office of the International Labour Organization in Honduras. Meetings were arranged with the respective parties and the Bill document currently before the Evaluation Committee was shared. The organizations were also asked for their technical opinions on the Bill.

The Office of the High Commissioner for Human Rights in Honduras agreed to collaborate with the Evaluation Committee, providing technical assistance to the National Congress for capacity-building in relation to international standards on the subject of prior, free and informed consultation, for both deputies and officials of the National Congress, who will participate in the process of adoption of the Act so that the process is accomplished in the optimum manner. Support was also requested from them in the revision and restructuring of the Bill in conjunction with the participation of all indigenous and Afro-Honduran peoples in Honduras, and in the design of an appropriate methodology involving indigenous peoples in the preparation of the Bill. On this last subject, no agreement has been reached so far.

The ILO representative on indigenous matters, after a meeting with the Evaluation Committee on the premises of the National Congress and further to a request by email, agreed to provide his technical opinion on the shared document, though this opinion has not yet been received.

As part of the planning process, emphasis was placed on the importance of mapping the indigenous and Afro-Honduran institutions which need to participate in the consultation process that must be undertaken to give legitimacy to the process. For the preparation of the mapping, meetings were held with a number of organizations bringing together institutions representing the peoples. Through their collaboration information was gathered forming the basis, together with another investigation being carried out by National Congress technical staff, for the current analysis so that it will be ready when the consultation process for the adoption of the Bill is launched.

Two bridge-building meetings were held using digital videoconference platforms with a number of representatives of the indigenous peoples.

A meeting was held between the pro tempore President of the G16, the Evaluation Committee, a team of advisers from the National Congress and a number of indigenous representatives with the purpose of informing the aforementioned of the current status of the Bill.

Specific measures to improve the situation of Miskito dive-fishers

reforms to the Regulations on occupational safety and health in underwater fishing: Executive Decree STSS-577-2020;

practical guide for safe dive-fishing in Honduras; considerations relating to dive-fishing in the context of underwater fishing;

Plan of Action (for the implementation of the Regulations on occupational safety and health in underwater fishing);

Tripartite Cooperation Agreement on providing comprehensive health services for the population engaged in dive-fishing (SSIPPB), with priority given to divers suffering from decompression sickness, between the Ministry of Development and Social Inclusion (SEDIS), the Ministry of Health (SESAL) and the Association of Industrial Fishers of the Honduran Caribbean (APICAH);

formulation of a Pluriannual Strategic Plan of the Inter-Institutional Commission for Problem Prevention and Assistance in Dive-Fishing (CIAPEB), drawn up by the United Nations Development Programme (UNDP) in 2013 as an instrument for facilitating intervention in identified priority areas;

repair, refurbishment and delivery of ten motorboats to facilitate productive and organizational activities;

alternative special care for dive-fishers with disabilities, on account of difficulties of access to hospital care and to avoid long waiting times for basic and/or special medical care;

provision of economic support to individuals in transit through Tegucigalpa referred by the health system in La Mosquitia;

Project 8 – 002-2017: Development of business capacities in the community of Benk, Marine Resources Collection Centre, Villeda Morales;

Project 9 – 003-2017: Support for the development of agricultural production and supplies of staple grains in the community of Belén, Brus Laguna;

social project to reinforce the assistance centre of the Association of Honduran Miskito Divers with Disabilities (AMHBLI);

project for the reinforcement of CIAPEB;

construction of AMHBLI one-stop centre (Puerto Lempira);

bursaries for children of dive-fishers with disabilities;

disability and rural bonus;

organizational reinforcement of AMHBLI;

reforms in occupational safety and health in underwater fishing (Brus Laguna and Puerto Lempira).

Participation of the Miskito people in the formulation, application and evaluation of the above-mentioned measures

2017: Focus on beneficiaries for the delivery of assisted mobility equipment (wheelchairs, crutches, walking sticks, etc.), carried out with complete autonomy by AMHBLI;

planned deliveries of food rations under family supervision and subsequent delivery with the active involvement of AMHBLI;

2018: Planned food deliveries under the supervision of AMHBLI and beneficiary families, and subsequently delivery with the active involvement of AMHBLI;

March 2019: AMHBLI-CIAPEB joint project inspection;

2019: Implementation of Technical Assistance Project: lucp-hon/3703/c3 – Improvement of occupational safety and decent work in dive-fishing in Honduras: Introduction to the updating and reform of the Regulations on occupational safety and health in underwater fishing, in the municipalities of Brus Laguna and Puerto Lempira.

Discussion by the Committee

Government representative, Secretary of State for Labour and Social Security – I would like to begin my statement by congratulating the Chairperson on her appointment to direct the work of the Committee and by thanking the organizers of this important event under the direction of the ILO and our Office of External Cooperation. We celebrate the participation of all nations, peoples and organizations represented here.

With regard to the case under discussion, which was already raised in this Committee in 2016, allow me to make the following remarks.

The Government of Honduras is appearing in a responsible manner before this Committee to describe the substantive advances in recent years in response to the Committee’s observations relating to us as a country. We are surprised and deeply concerned that once again we have been included in the short list of countries appearing before the Committee.

As regards appropriate consultation and participation procedures, on 23 May 2018 the executive branch, after a coordinated process, referred to the National Congress of the Republic of Honduras the Bill on free, prior and informed consultation for indigenous and Afro-Honduran peoples. This Bill was transmitted for examination and opinion to a special Evaluation Committee, which performed the following actions. In order to obtain a technical opinion, the Bill was shared with private enterprise institutions, organizations from civil society and international cooperation and human rights defenders, among others. Support was also requested from the Office of the High Commissioner for Human Rights in Honduras, the Inter-American Commission on Human Rights, and the ILO Regional Office which covers Honduras, thereby building capacity in relation to international labour standards on the subject of prior, free and informed consultation, for members, deputies and officials of the National Congress.

The ILO representative on indigenous affairs is sending a polite reminder to the Evaluation Committee of the National Congress to establish an appropriate consultation and participation mechanism in accordance with Convention No. 169 and to take the necessary steps to ensure that indigenous peoples are consulted and can participate in a suitable manner through their representative bodies in the setting up of that mechanism. So that the National Congress Evaluation Committee could provide a sound basis for its decision, it carried out a mapping process with respect to the organizations comprising representatives of indigenous and Afro-Honduran peoples with the purpose of ensuring their participation in the process.

With the arrival of the pandemic and the ensuing suspension of constitutional guarantees in the country, many actions planned by the Evaluation Committee were decimated. However, bridge-building meetings were held using digital platforms with various sectors, including representatives of the indigenous and Afro-Honduran peoples. In addition, the Evaluation Committee held meetings with the international community represented in our country within the G16 group, with the purpose of providing information on the current status of the above-mentioned Bill. The Evaluation Committee has currently drawn up a road map for consolidating a legal instrument to facilitate discussion and subsequent adoption of the Bill in the National Congress.

In light of the above, there is evidence of substantial advances suggesting that this is a case of progress. In the capacity of the Government and in the context of the powers conferred on it by law, we have duly discharged our responsibility in timely fashion; we consider, in accordance with the principles of law, that we are respectful of the separation of powers in our country. Taking the appropriate decision on the matter in question is therefore entrusted to the legislative branch, an autonomous and independent body.

With regard to the implementation of the necessary measures for investigating murders and acts of violence, various steps have been taken to promote a climate free of violence. Moreover, suitable steps have been taken to protect the physical and psychological integrity of members of indigenous peoples and their representatives, guaranteeing the full and effective exercise of their human, individual and collective rights, and also their access to justice. The Prevention and Contextual Analysis Unit has been established; 14 prevention plans have been drawn up; 43 dissemination days in relation to the Protection Act have been held; and training on protection issues has been provided for 814 individuals. All the foregoing has been possible thanks to the participation of the Lenca, Tolupán and Garífuna indigenous peoples, justice officials, journalists and media professionals.

With regard to the observation on the judicial proceedings in response to the complaints of offences of violence and threats against indigenous and Afro-Honduran peoples, the Special Prosecutor for Ethnic Matters and Cultural Heritage at the Public Prosecutor’s Office has opened legal proceedings in 248 cases of complaints regarding acts of violence and threats against members of indigenous and Afro-Honduran peoples. Between 2018 and 2020, measures were taken in relation to threats, abuses of authority, usurpation, attempted killings, murders and discrimination. In addition, 25 cases are active under the mechanism for the protection of the human rights of indigenous and Afro-Honduran peoples.

With regard to the adoption of appropriate measures to ensure that the instigators in the case of Berta Isabel Cáceres Flores are punished, the Public Prosecutor’s Office states that criminal proceedings against those involved, specifically the instigator, are currently under way. Investigations are continuing into whether any other persons are involved. The proceedings are at the stage of examination of evidence, and so the National Trial Court itself has carried out the criminal trial hearings.

With regard to the adoption of measures to improve the working conditions of Miskito dive-fishers, Honduras shows it willingness to make reparation for the damage to victims by adopting an amicable practical solution between the State of Honduras and any victims among Miskito dive-fishers. Reforms have been carried out to the Regulations on underwater fishing; the Regulations on occupational safety and health in dive-fishing have been issued; and obligations have been imposed on employers to ensure the safety and health of workers in underwater fishing. The Ministry of Labour has carried out inspections at sea in conjunction with the Honduran Navy, the Ministry of Health, the Directorate-General of Fisheries and the Office of the Attorney-General.

In conclusion, I would like to express my gratitude for the opportunity given to the Government of Honduras to respond to the observations made by this distinguished Committee, reiterating our zealous compliance with and respect for international labour standards, including Convention No. 169.

Employer members – First, we would like to thank the Government of Honduras for the oral and written information provided relating to compliance, in law and in practice, with Convention No. 169. As usual, we would like to provide more context for a better understanding of the case.

This is the second time that the Committee is discussing this case. The first time was in 2016 and since then the Committee of Experts prepared observations on the matter in 2019 and 2020, taking note of the Government’s reports and the observations made by two trade union confederations and by the Honduran National Business Council (COHEP), supported by the International Organisation of Employers (IOE).

The Committee of Experts, in its follow-up in its latest 2020 observation, addresses three specific points: first, in relation to compliance with Article 3 on the rights of indigenous peoples; second, with respect to the obligation of prior consultation under Article 6 of the Convention; and, third, with respect to the protection of the rights of the Miskito people, in relation to dive-fishing.

With regard to compliance with Article 3 of the Convention on the issue of human rights, the Committee of Experts noted at that time with deep concern the information regarding murders, threats and violence against representatives of indigenous peoples, as well as the climate of impunity. The Employer members express their concern, and reject all acts of violence and threats carried out within the context of the defence of human rights.

We are aware that Honduras has experienced a climate of widespread violence in recent years owing to different problems facing the country, in the political, social and economic spheres, which has provoked an atmosphere of violence in general.

Despite this context, we recognize and applaud the fact that the Government has taken and continues to take specific protection measures for indigenous leaders, which the Government has just referred to in its presentation. We encourage it to continue to do so for the benefit of those leaders and the rest of the population, including workers and employers who are also victims of this climate of violence.

Among the actions taken, including those referred to by the Government which have this aim, we highlight: the establishment of the Human Rights Secretariat which, it maintains, has reduced levels of violence, and the establishment of the Commission on Anti-Union Violence and the Working Group on Conflict Prevention, to which the Government representative has referred. All these bodies, as explained, cover the aforementioned cases in monitoring compliance with the Convention.

Much work remains to be done and it would be very positive if, as a result of social dialogue, a work plan with specific and measurable medium and long-term goals be drawn up, with the active and coordinated participation of the Government and the productive sector, the latter through the most representative organizations of workers and employers. It is vital to build a climate of trust that influences society with respect to the laws, courts and institutions and, in this way, there will surely be improvements in the living conditions of all Hondurans.

We are not unaware of the adverse conditions that have arisen as a result of the pandemic in Honduras, exacerbated by the natural phenomena to which this country has been exposed. However, in this instance, we encourage the Government to continue to take all possible measures to foster a climate free of violence that benefits the population and adequately protects the members of indigenous communities and their representatives, and guarantees the full exercise of their human rights. We also invite the Government to continue reporting in a timely manner to the Committee of Experts in this regard and to do so, invariably, in consultation with the most representative employers’ and workers’ organizations. Strengthening of social dialogue under these conditions is essential.

The second aspect relates to Articles 6 and 7 of the Convention, regarding appropriate consultation and participation procedures. As a reminder, Honduras ratified the Convention in 1995, more than 25 years ago, and the right to consultation and participation of indigenous peoples remains unregulated. Although there is a general consensus that the Convention and corresponding consultation and participation does not grant or imply a power of veto for the indigenous populations consulted, the fact is that in countries where this prior consultation has not been regulated, as is the case in Honduras, there is a risk of a de facto veto of investment projects and, therefore, of progress. This is compounded by the effect of inconsistent and contradictory court decisions based on an inaccurate interpretation of the Convention, which generates legal uncertainty. These two factors affect investment and generate enormous social losses because thousands of direct and indirect jobs are either lost or not created and, therefore, the possibility of making progress in the regions that need it, and which are usually the poorest, is also lost. The reference in court decisions to the Convention or, in other words, the application of its provisions through court rulings and not through agreement of the interested parties, as it should be, is becoming a factor that distorts and complicates the institutional and regulatory development of the Convention, and generates high levels of social conflict to the detriment of all.

The Committee adopted conclusions in 2016 and urged the Government, in very clear terms, to regulate, without delay, in consultation with the social partners, in accordance with Article 6 of the Convention, the requirement to consult so that such consultations are held in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.

I would like to take this opportunity to emphasize that the international instrument mentioned, namely Article 6 of the Convention, is the only legally binding instrument for Honduras, and not others, such as the declaration drawn up by the United Nations system.

While we recognize significant progress in this regard, we must note that the draft Bill that has been submitted by the executive branch to the National Congress, further to the consultations carried out, has unfortunately still not been passed.

The Committee of Experts does not place enough emphasis on something that seems important to us: from May 2016 until February 2017, the Government, with the technical and financial support of the United Nations Development Programme, promoted a consultation process for the regulation of prior consultation, through which 17 regional workshops and one national workshop were held, and seven indigenous peoples and the two Afro-Honduran peoples were consulted through organizations representing them. Despite these efforts, apparently the great division among indigenous peoples, as well as other reasons or justifications, has not allowed for the clear determination of an agreement regarding the Bill on consultation within the framework of the Convention. Honduras, as we are informed, is about to conclude this legislative process for regulation of the obligation to consult under the terms of Article 6 of the Convention and we trust that this will materialize without delay in accordance with its domestic procedures and without interference from external bodies.

With a view to achieving this and the other proposed objectives, we consider that the Government should concentrate its efforts on working closely with the ILO, which is responsible for ensuring the proper application of the Convention. It is very important that it exhausts its domestic procedures and does not generate confusion.

That said, it is clear that there are still areas in which the Government must continue to work. It seems to us, however, that progress is being made in several areas that we must acknowledge. We encourage the Government to continue its efforts to comply with the provisions set out in the Convention.

Worker members – This is the second time that the Committee is called to examine the application of Convention No. 169 by the Government of Honduras. In 2016, the Committee had expressed concern at the lack of progress on the necessary regulatory framework for prior consultation, and had urged the Government to ensure the implementation of the Convention in a climate of dialogue and understanding, free from violence.

Five years have passed, and we can only deplore the inadequacy of actions taken by the Government to respond to the endemic violence against indigenous peoples and their defenders. Honduras remains one of the deadliest countries for defenders of environmental and human rights, with four indigenous leaders killed in 2018, 14 in 2019, and 12 in 2020. Countless others are regularly threatened, physically assaulted, and forcibly disappeared, like the four members of the Garífuna community who were seized from their homes on 18 July 2020 never to be seen again. On 27 December, José Adán Medina, a member of the Tolupán indigenous community, was found shot dead in a remote location in the community of El Volcán. A day earlier, Félix Vásquez, a prominent environmental activist from the Lenca indigenous group, was killed in front of his family by masked men armed with guns and machetes.

In its report to the Committee of Experts, the Government provides general information on measures taken to protect indigenous communities, including identifying and monitoring collective and individual risks, prevention plans and training, and awareness-raising activities on the importance of the work of defenders of indigenous peoples.

The Special Prosecutor for Ethnic Matters and Cultural Heritage has called for protection measures. However, the Government provides no information regarding the implementation of these measures or their effectiveness in preventing attacks. There lies the problem: in a context of extreme violence and deep-rooted impunity, the measures adopted by the Government are by no means commensurate to the pressing needs for protection of indigenous leaders and communities. Suffice it to say that Félix Vásquez had filed numerous complaints since 2017 to report the death threats he was receiving. The Government never acted, even after the Honduras National Human Rights Commission requested protective measures for him in January 2020.

Investigation and prosecution of criminal acts are equally lacking. Five years after the assassination of Berta Cáceres, the trial of the person accused of instigating the crime is still pending. In a report of 2019, the UN Special Rapporteur on the situation of human rights defenders in Honduras indicated that the vast majority of murders and attacks targeting rights defenders go unpunished. If investigations are launched at all, they are inconclusive. The Government of Honduras must be accountable for such appalling violations of the right to life, and the personal integrity of indigenous peoples. It must immediately intensify its efforts to protect defenders of indigenous peoples’ rights, prevent acts of violence and persecutions against them, and investigate, prosecute and penalize perpetrators and instigators of these acts.

With regard to the development of the draft Bill on prior, free and informed consultation of indigenous and Afro-Honduran peoples, we note the efforts deployed by the Government to organize consultations and advance its adoption. We note, in particular, that the Government referred the draft Bill to the National Congress, which subsequently established a special advisory committee on the Consultation Act.

In 2020, the Government let the COVID-19 pandemic, and its subsequent restrictions on freedom of movement, significantly hamper consultation processes with indigenous people, unfortunately.

The rights to be consulted and to participate in decision-making constitute a cornerstone of the Convention. The Government must ensure adequate time for meaningful consultation with indigenous and Afro-Honduran peoples so as to ensure that the draft Bill is the result of a process of full, free and informed consent with all the indigenous and Afro-Honduran peoples. It is equally crucial to ensure that the Act which will be adopted provides for robust, inclusive and trusted consultation and participation processes, guaranteeing that indigenous peoples can fully participate in the decisions that affect them.

We are particularly adamant on the need for the Government to enhance consultation processes, as they are closely linked to a number of issues affecting indigenous and Afro-Honduran peoples, and routinely neglected by the Government, such as: (1) the identification and mapping of the lands which indigenous and Afro-Honduran peoples traditionally occupy and the effective protection of the rights of ownership and possession; (2) the preservation of the rights of indigenous and Afro-Honduran peoples to the natural resources pertaining to their lands, especially in view of programmes for their exploration or exploitation, including mining activities; and (3) their access to justice and their awareness of their rights.

We recall that, in 2015, the Inter-American Court of Human Rights handed down a decision regarding the Garífuna people of Punta Piedra, emphasizing their right to the lands, territories and resources that they have traditionally owned, occupied, used or acquired, as well as the right to possess, use, develop and control those lands.

As regards the situation of the Miskito people, we note that the Government is offering comprehensive health services and compensation programmes for dive-fishers and their families. However, we are concerned at the deplorable situation of the Miskito divers who, despite the measures taken, continue to be the victims of precarious working conditions without adequate occupational safety measures. Specific measures are still needed to ensure the effective protection of workers belonging to the Miskito people, with regard to recruitment and conditions of work, as provided for by Article 20(1) of the Convention.

Finally, regarding coordinated policies and actions aimed at improving access of indigenous and Afro-Honduran peoples to health services, education and housing, we call on the Government to pursue its efforts and to coordinate actions with the participation of the peoples concerned, with a view to eliminating the socio-economic gaps that still exist between them and other members of the national community, and to promote the full realization of the socio-economic and cultural rights of these peoples.

Employer member, Honduras – It has come as a surprise to us that Honduras has once again been called upon this year in relation to the observations concerning the Convention. Nevertheless, we believe that it is important for the Employers to make some clarifications on the observations of the Committee of Experts in the 2021 Addendum to its 2020 report.

As noted by this Committee and the Office, the employers in Honduras have always provided their observations on compliance with international labour standards, which are law in the Republic of Honduras. On this occasion, we wish to indicate the following.

First, as representatives of employers in Honduras, we have always rejected violence in any form against persons, groups of citizens or foreign nationals, and we regret the acts of violence committed in recent years in our country, which have been generalized and not directed against any group or individual. The employer representatives in the Economic and Social Council proposed the establishment of the Committee on Anti-Union Violence and the Sectoral Committee for the Handling of Disputes referred to the ILO (MEPCOIT), which have supplemented the Public Prosecutor’s Office, the National Police and the judiciary, and which are subjects to be examined in relation to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), rather than Convention No. 169.

Second, as we explained to the Committee in 2016, the most representative employers’ organization in Honduras, COHEP, has always shown special interest in regulating the right of consultation of indigenous and Afro-Honduran peoples, in accordance with the requirements of the Convention, which is a binding instrument for the State of Honduras, and we will always refer to it in this way.

Third, it is necessary to recall in this Committee that the employers have always requested ILO support for the consultation, preparation and adoption of the law on prior consultation, through its specialists, and that they proposed and submitted notes to the National Congress of Honduras, which is the legislative authority in our country, calling for advisers to assist the commission responsible for reviewing the legislation and in support of the discussions in the Plenary of the National Congress.

As an employers’ organization, we have collaborated in the adoption of the law on prior consultation. We categorically affirm that this Act must be approved in line with standards that comply with the principle of good faith, which must be understood as consultation that does not imply the right of veto, with consent only required in the exceptional cases envisaged in Article 16 of the Convention in relation to the relocation of indigenous populations.

Fourth, we have explained to the Government of Honduras, to international organizations and to the ILO that the employers in Honduras require the adoption of the Act for purposes of legal security for investment and the personal safety of the inhabitants, but that it should not address matters that are not covered by the Convention. It must always be borne in mind that consultation is not a referendum or a plebiscite between peoples, but a consultation in places that may be affected directly by a decision. It must also be understood that consultation does not give rise to a veto, as we have emphasized to all state and international bodies.

Fifth, as employers, we gave our support to the draft text transmitted at the time by the Ministry of Labour and Social Security to the legislative authorities, but there have been delays due to the COVID-19 pandemic and hurricanes Eta and Iota which struck Honduran territory, and that has not permitted a full discussion by the legislative body. We hope that it will happen over the next few weeks and that it will benefit from ILO technical support, through its specialists who are familiar with the objectives and provisions of the Convention, and not other international organizations or agencies.

Lastly, we wish to reiterate the support of Honduran employers for the adoption and implementation of a legal instrument that gives legal certainty and tranquillity to the citizens and for investment. We also call on this Committee and the Committee of Experts to examine cases of violence related to the right to organize in the context of Convention No. 87, and to avoid any confusion with the scope of application of a Convention of another nature, such as Convention No. 169. Nevertheless, the establishment of the Committee on Anti-Union Violence deriving from the Committee’s conclusions should be considered as significant progress in the field of human rights.

Government member, Barbados – I make this intervention on behalf of a significant majority of countries from Latin America and the Caribbean. We welcome the distinguished Minister of Labour and Social Security and the representatives of the delegation of the Government of Honduras present in this session and who have submitted up-to-date information to the Committee. We thank the Government of Honduras for the presentation of its report on the follow-up to the observations of the Committee of Experts and the conclusions adopted by the Conference Committee during the 105th Session of the Conference in 2016, all of which relate to the application of Convention No. 169.

We appreciate the Government’s efforts in establishing and further strengthening measures aimed at ensuring the integrity and protection of indigenous communities and human rights defenders. We welcome the progress achieved through the implementation of the mechanism for the protection of human rights defenders, journalists, social communicators and justice operators and the creation of specialized judicial bodies to defend the rights of indigenous peoples. These actions are indicative of the Government’s commitment to improving the situation and reducing cases of violence against human rights defenders in the country. We emphasize the openness and commitment of the Government of Honduras to cooperate closely with the mechanisms of the United Nations system in labour and human rights matters for the implementation of the Convention. We welcome the technical assistance provided by the country office of the UN High Commissioner for Human Rights, established in 2015, which has facilitated the strengthening of the National Protection System and the establishment of specific protection protocols in the context of the pandemic.

We recognize the progress presented by the Government in the formulation of a draft Act on free, prior and informed consultation. We note the efforts of the special Evaluation Committee of the National Congress to integrate the different perspectives of the main actors involved in the formulation of the draft Act.

As stated in the Government’s report, we believe that the early identification of these actors will give the draft Act a high degree of participation and ownership, particularly of indigenous peoples’ communities. The dissemination workshops held since 2018 and the mapping of indigenous and Afro-Honduran institutions are initiatives that can pave the way for this process.

We welcome the development and implementation of multidimensional policies promoted by the Government to improve working conditions in the dive-fishing sector. In particular, we highlight the recent publication of the Regulations on occupational safety and health in dive-fishing.

As a final note, we encourage the Government to continue to cooperate in its efforts to implement the international commitments made under the Convention. We also extend our encouragement to the International Labour Office to continue providing its technical support to the Government of Honduras.

Employer member, Costa Rica – Employers in Costa Rica consider that Honduras has made the necessary efforts to guarantee the rights of indigenous and Afro-Honduran peoples, including the regulation of the right to prior consultation, which is established in the Convention.

The process of social dialogue has been respected, as envisaged by the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which, as we know, is one of the governance Conventions that guarantees the participation of representatives of workers’ and employers’ organizations on an equal footing, and accordingly a Bill on prior consultation has been accepted in accordance with international standards. Nevertheless, it is important for the employers to indicate, in the same way as in other countries, that they consider that this type of legal framework must be established without infringing Articles 6 and 7 of Convention No. 169, which have been distorted, with the promotion under the right to consultation of other concepts and rights that are not recognized in the Convention.

Employers in Honduras, represented by COHEP, have indicated that they consider it appropriate, before the approval of the Bill on prior consultation, for the legislative authorities, the executive authorities and the organizations of indigenous and Afro-Honduran peoples in Honduras to receive ILO technical assistance so as to ensure that the law is in line with the provisions of the Convention. It is important to ensure that consultations held with representative organizations are of a non-binding nature, as there is no question of a national referendum or of a body that grants rights. COHEP has endeavoured to convey its views on this law and on the aspects that must not be left aside to safeguard the collective rights of indigenous and Afro-Honduran peoples, thereby ensuring the legal security of investment in the country and promoting a climate of trust for indigenous peoples and investors.

We urge the Government to continue taking the necessary measures to protect indigenous peoples without leaving aside social dialogue with all the actors involved in consultation processes.

Government member, Colombia – We wish to reiterate the commitment of the Government of Colombia to compliance with international labour standards, and particularly Convention No. 169. We welcome the information provided by the Secretary of State for Labour and Social Security on the progress made in following up the observations of the Committee of Experts on the Convention. We value the efforts made by the Government of Honduras to adopt protection measures for the members of the programme for indigenous and Afro-Honduran peoples (PIAH) and we encourage the Government to continue making all the necessary efforts for indigenous peoples. We place emphasis on the information concerning the establishment of 14 prevention and guaranteed non-repetition plans drawn up with the PIAH population covered by protection measures.

Prior consultation has great value as a participation mechanism that is particularly appropriate in recognizing the rights of ethnic peoples as it has a significant influence on the determination of the rights of indigenous peoples, with the effect that they are informed and involved in economic and social development policies. We therefore welcome and encourage the Government to maintain the progress in the process of approving the Bill on prior, free and informed consultation, which is under review by the various actors.

Finally, we encourage the Government to continue its efforts to give effect to the commitments derived from the Convention, with ILO technical assistance.

Employer member, Mexico – The Committee of Experts considers it to be of great importance that the law that is being adopted in Honduras is the outcome of a process of full, free and informed consultation with indigenous and Afro-Honduran peoples, and that guarantees are provided that these peoples are consulted and are able to participate in an appropriate manner in the process through their representative bodies. We welcome the fact that, according to the information received, such consultations have already been held, including with the participation of the United Nations, and that the legislative process for the adoption of the Bill on prior consultation in Honduras is reaching its conclusion.

We are in agreement, although the final outcome of the legislative process must be in accordance with the provisions of the Convention in ensuring that indigenous and Afro-Honduran peoples are duly consulted, which must be based on the general criterion that prior informed consultation does not amount to a right of veto. The Bill must not go to the extreme of establishing that consultation is to be considered as a right of veto, which is not envisaged in the Convention.

Honduras wishes to regulate the requirement of consultation under the terms of Article 6 of the Convention. Accordingly, until the law is adopted, we agree that the Government has to focus and intensify its efforts, working closely with the ILO so that, as indicated during the presentation of the case, appropriate effect is given to the Convention. We therefore support the employers of Honduras in their interest and support for the adoption of a legal instrument in accordance with their domestic procedures which offers legal certainty and tranquillity for citizens and investments.

Interpretation from German: Worker member, Switzerland – The German Workers’ delegation as well as the IndustriALL Global Union align themselves with this statement. In recent years, Honduras has become one of the deadliest countries in the world for those who defend indigenous land rights and who organize opposition against environmentally destructive mega-projects such as mines, hydroelectric dams and logging. In addition to this violence, the indigenous communities of Honduras were particularly hard hit in November 2020 by hurricanes Eta and Iota. Sixty-three individuals lost their lives. Seven million were affected. A few weeks before that, the Government had appointed a pop singer as the new head of the Permanent Contingency Commission (COPECO), someone who, by their own admission, had no previous experience of this kind of role or of dealing with any type of emergency. The storm affected particularly the coastal areas of the country where indigenous communities are established: the Afro-Honduran Garífuna communities and the indigenous Tawahka and Miskito groups. The hurricanes worsened significantly an already dire situation of indigenous and Afro-Honduran populations who lack access to basic services, such as water and sanitation. Furthermore, according to a report published in July 2020, the reaction of the State to the pandemic had further deepened the exclusion of indigenous and Afro-Honduran communities.

We urge the Government of Honduras to take all necessary measures to reduce violence against members of the indigenous communities and their representatives, to ensure full access to essential basic services and to ensure that the state response to the pandemic does not further deepen social exclusion.

Employer member, Colombia – I would like to refer to three aspects of the case. Firstly, while the Convention does not require national regulation on prior consultation, if Honduras decides to pass legislation on its internal matters, the Government should recall that the acquiescence of the consulted communities is not a prerequisite for the adoption of a legislative or administrative decision or for the execution of a particular project or work. In its general observation on the Convention published in 2011, the Committee of Experts stated that “such consultations do not imply a right to veto, nor is the result of such consultations necessarily the reaching of agreement or consent”. Article 6 of the Convention establishes good faith as a guiding principle in prior consultation. This means that it must be conducted on the basis of mutual trust, with ample information and with a view to reaching an understanding. It is therefore important to note that reaching an agreement is not mandatory, and that the Convention only requires consultation to be carried out in pursuit of an agreement.

Secondly, I would like to highlight the progress made in Honduras as regards the workshops and consultations held with the various organizations representing indigenous and tribal populations, in order to draft the Bill. I encourage participants to make use of consultation within the parameters established by the Convention and to avoid including matters, concepts and rights that go beyond the scope of the Convention.

Thirdly, as regards mechanisms to protect the rights of the Miskito people, the Committee should take into account that progress has been made in Honduras on promoting safety and health measures in diving work. We note that mechanisms are in place to enable these communities to be informed and consulted in the development of instruments and agreements.

To conclude, firstly, while it is obligatory for the authorities to consult the communities, it is not necessarily a requirement to reach an agreement with them; secondly, we must recognize the progress and efforts made in Honduras to seek agreements in this regard. Lastly, we urge further social dialogue, with the aim of balanced implementation of the provisions of the Convention.

Worker member, Argentina – As we have heard, the situation in Honduras is grave and urgent. For several years we have been warning of the climate of anti-union violence in the country, as well as the State’s systematic rejection of the need for prior consultation. The Workers are extremely concerned at the fact that, despite the repeated pronouncements, recommendations and judgments of United Nations bodies, including the ILO and this Committee, the Honduran Government has been unable to demonstrate its serious commitment to working on and protecting the rights of indigenous peoples in the country.

For more than 20 years Honduras has failed to comply with its obligation to consult the peoples concerned through appropriate procedures and through their representative institutions each time that legislative or administrative measures that may affect them directly have been discussed. Death threats, murders and the systematic persecution of human and trade union rights defenders have become widespread. Indigenous peoples and trade unionists are among those most affected by the violence.

We hope that the Committee goes even further in its conclusions this year and makes specific and concrete recommendations. All mechanisms for consultation on legal and administrative matters that may affect the rights of indigenous peoples must seek their free, prior and informed consent in a way that allows them to share their views and influence the final outcome of the process. We must remember that the right to consultation is a human right with a specific scope for indigenous peoples. A mere information meeting at which indigenous peoples express their opinions without being able to influence the final decision does not comply with the provisions of the Convention.

The indigenous peoples in Honduras, and also across the Americas region, today demonstrate the worst socio-economic and labour indicators. Ensuring compliance with the Convention is a cornerstone of social justice.

Employer member, Guatemala – Firstly, we wish to emphasize that the main guideline for any regulation on prior consultation must be the Convention, which sets out the consultation process that must be followed in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures. It should also be recalled that the 2011 general observation of the Committee of Experts on this Convention stated that such consultations do not imply a right to veto, nor is the result of such consultations necessarily the reaching of agreement or consent. It is well known that COHEP has repeatedly stated its interest in regulating the right to prior consultation within the standards established by the Convention.

Secondly, between 2016 and 2017, with the support of the United Nations Development Programme (UNDP), a process of consultation with the different representative organizations of indigenous and Afro-Honduran peoples was promoted to draft the text of a Bill; that process was complicated by attempts to promote, through the right to consultation, other concepts and rights that go beyond the scope of the Convention. On the basis of the conclusions of the Conference Committee, the ILO has provided guidance and technical assistance to the State of Honduras, and in 2018 the Government submitted a draft Bill on prior consultation. We believe that it is important that any specific legislation on prior consultation that is adopted should be based on the parameters established by the Convention so that the Bill under development corresponds to the guidelines and limits set out therein.

Thirdly, and lastly, we consider it necessary to recognize the progress and efforts made by the Government of Honduras, the employers and the different communities to succeed in implementing the provisions of the Convention, and to continue to improve social dialogue with the aim of achieving balance in its interpretation and application.

Worker member, Barbados – In recent decades, palm oil plantations in Honduras have expanded at a breathtaking speed, leaving behind deep socio-environmental impacts on the rural black population and in particular the Garífuna indigenous people, claiming their legitimate rights to land, food and a decent life. The Garífuna are the largest ethnic group in Honduras. They are the descendants of African populations from the Caribbean island of St Vincent, who were exiled to the Honduran coast in the eighteenth century, but they are under threat.

Honduras today has more than 193,000 hectares of palm oil plantations. This land grab has brought the devastation of forests, wetlands and the contamination of water sources due to the use of agrochemicals. It is estimated that more than 70 per cent of all Garífuna territories are already surrounded by palm oil plantations. Many ancestral communities have already disappeared and 38 others are on the verge of being erased forever. The Garífuna communities suffer constant harassment and extreme violence from palm oil companies and landowners under the complicit watch of local and national authorities. In the last three years, more than 40 Garífuna people have been killed and hundreds have left their communities due to widespread violence, threats and criminalization against them. One shocking case took place in July last year when five Garífuna men were abducted from their homes in the town of Triunfo de la Cruz by heavily armed gunmen in police uniforms. The perpetrators went from house to house, and forced the five young men into the vehicles at gunpoint, before speeding away. The vehicles did not have number plates, a tactic used by both state security forces and criminal gangs in Honduras. Among those abducted was 27-year-old Alberth Snider Centeno Thomas, a community leader who leads efforts to force the Government to comply with a ruling from the Inter-American Court of Human Rights ordering Garífunas to be compensated for stolen land. The Inter-American Court also issued legally binding titles to prevent further forced evictions that were not complied with by the Government. Up to this point, the five black indigenous men are still missing and there is reason to presume that the Government will let this case fall into impunity. This will confirm the generalized suspicion that many government authorities might be involved in these crimes in association with drug traffickers, palm oil employers and tourism developers.

Employer member, Argentina – Considering that the countries of Latin America and the Caribbean account for 15 of the 23 ratifications of the Convention, we would like to look further into two of the elements raised previously.

First, we echo the concern and rejection expressed by our colleagues of any act of violence and threats within the framework of the defence of human rights and we trust that the Government will continue adopting effective measures for the protection of indigenous and Afro-Honduran leaders. The Committee of Experts has recognized in its comments the specific measures taken by the Government, which represent progress in compliance with the obligations derived from the Convention. We hope that the conclusions of the Conference Committee will give sufficient recognition to the efforts made by the Government.

Second, with reference to the progress made in developing an appropriate consultation and participation procedure, we wish to emphasize that, in addition to the international cooperation described by the Government earlier, it is of the greatest importance to involve ILO specialists in the various processes that are being undertaken in the country. This is important both to make progress in the approval of the Bill on free and informed consultation, and most particularly for the design and holding of effective consultations involving representative organizations, based on a methodology that guarantees these processes are conducted in a balanced manner and guarantee the necessary conditions to ensure that the vision of the communities is taken into account in the analysis of the issue under consultation.

The vast experience of the ILO in the development of consultation bodies with the social partners and the quality of the Office’s specialists engaged in these subjects mean that it is the best placed partner to provide technical assistance to the Government. We trust that the Office, assuming the role of the leading agency for Convention No. 169, which rests with the ILO, will focus its efforts on providing support and encouraging the Government to comply with the obligations arising out of the Convention.

The employers of Argentina once again wish to express our conviction concerning the benefits of social dialogue and its key role in guaranteeing sustainable development and economic, social, environmental and political stability.

Observer, Single Confederation of Workers of Honduras (CUT-Honduras) – I am speaking on behalf of the Single Confederation of Workers of Honduras, the Lenca National Indigenous Organization of Honduras and the Federation of Lenca and Maya Tribes. Trade union violence is of the greatest concern. It is not generalized, but is really directed against Honduran indigenous leaders and trade unionists, aggravated by the prevailing climate of impunity. Despite the many recommendations made by the ILO, the Government has not guaranteed the right to life of indigenous leaders. In recent years, there have been multiple acts of violence, including threats to Pedro Amaya and Víctor Martín Gómez Vásquez for defending indigenous peoples, and the murder in his own home of Félix Vásquez, who was of Lenca indigenous origin and General Secretary of the Federation of Rural Workers.

There are political prisoners, such as Víctor Vásquez of the Lenca Indigenous Movement of La Paz (MILPAH), and José Santos Vigil. There are cases of forced relocation, such as in the indigenous community of Santo Tomás, where 152 persons were moved from their lands. Thirteen indigenous people were murdered in the community of Santo Tomás, Gualcince, in the department of Lempira, as well as the forced disappearance of Alberth Sneider Centeno, defender of people’s rights and Garífuna leader of the Council of the Community of Triunfo de la Cruz, and of three other people from the same community. We must also mention the criminalization of 13 defenders of water rights in the Guapinol and San Pedro sectors in Tocoa, department of Colón, and in Reitoca on the river Petacón, members of the Lenca National Indigenous Organization of Honduras, who have received threats for defending the rivers that run through the community, where a dam is being built without consultation.

With regard to legislation on prior informed consultation, the Government wishes to impose a Bill that is in accordance with its interests and to the benefit of national and international capital, to the detriment of indigenous and Afro-Honduran communities. The Bill has not been subject to adequate consultation and as a result is in violation of the rights of the peoples. As they have not received a response from the Government, the Lenca indigenous peoples are drawing up a Protocol for the establishment of a mechanism of free and informed prior consultation. We demand that the Bill is not adopted before consultations are held and it is discussed with the truly representative peoples.

With reference to the situation of Miskito dive-fishers, they continue to suffer from conditions of social, economic and labour abandonment. They do not have access to adequate working conditions, healthcare, social security or justice.

Government representative – The Government of Honduras thanks the speakers and takes note of all their contributions and observations in this meeting. In this regard, and given the importance of this subject, we make the commitment as the Government to send a report during the year, in consultation with the Employers’ group and the Workers’ group, with technical assistance from the ILO.

Honduras endorses the international treaties and Conventions which form part of the national legal system. This is the basis for the protection of native and indigenous groups, as referred to by the Fundamental Constitutional Charter and the supranational treaties and Conventions ratified by the Government of Honduras. The Constitution imposes on the State the obligation to issue measures to protect the rights and interests of indigenous communities in the country. The assumption of the obligation to comply with Convention No. 169, ratified by Honduras, is all the more reason to consider that the Act on prior consultation that originates from it fulfils the constitutive process for the country up to its final stage of adoption of a law and that this will be useful for overcoming the problems that its beneficiaries are facing.

Honduras has complied with the recommendations and observations that the Committee has formulated at certain times on the application of the Convention, and once again has demonstrated that it has made significant advances in line with the indications made, creating and issuing agreements and effective legal arguments and practices in light of the indications made and the needs of our society. For this reason we consider that we should not be included in the list.

We ask that these conclusions be considered by the honourable Committee.

Worker members – We thank the Government of Honduras for its comments. We also thank the other speakers who took the floor for their contributions to this discussion.

The grave denial of the rights of indigenous peoples and the constant threat and persecution they face in Honduras are deeply concerning. At least 30 defenders of environmental and human rights were murdered since we last examined the application of Convention No. 169 by the Government of Honduras in 2016. Since the military coup of 2009, over 153 land and environmental activists have been assassinated. We deplore the lack of commitment of the Government of Honduras in providing adequate protection to leaders and defenders of the indigenous peoples, which leaves them exposed to death threats, physical attacks, forced disappearances and murders. The situation can no longer be ignored by the Government of Honduras and immediate and firm action must be taken to stop the endemic violence against indigenous peoples and their defenders and to put an end to the deep-rooted impunity and climate of fear.

Furthermore, we strongly emphasize the need for the Government to establish appropriate consultation and participation procedures so as to ensure that the rights, cultures and livelihoods of indigenous and Afro-Honduran peoples are fully respected and safeguarded. We recall the general observation of the Committee of Experts of 2010 on the Convention, which underlines that there must be a genuine dialogue between governments and indigenous peoples characterized by communication and understanding, mutual respect, good faith and the sincere wish to reach a common accord.

In addition, special attention must be paid to the rights of indigenous peoples to land and natural resources as these are fundamental to securing the broader set of rights related to self-management and the right to determine their own priorities for developments.

Finally, coordinated programmes aimed at improving the living and working conditions of indigenous and Afro-Honduran peoples, including the Miskito community, and their access to public services, like health and education, must be strengthened and effectively implemented and their impact must be assessed.

The Government of Honduras must be accountable for the preservation of the rights, cultures and livelihoods of the indigenous and Afro-Honduran peoples. Immediate action must be taken. More specifically, the Government of Honduras must take adequate and timely preventive and protective actions to ensure the physical safety and psychological well-being of members of indigenous communities and their representatives. It must also take the necessary measures to foster a climate free from violence.

Furthermore, the Government of Honduras must conduct investigations and initiate proceedings against perpetrators and instigators of acts of violence and threats against indigenous peoples and their representatives in the context of claiming their economic, social and cultural rights. In this regard, the Government must immediately establish an independent judicial investigation into the murders of José Adán Medina and Félix Vásquez, the forced disappearances of the four young Garífuna from Triunfo de la Cruz and the murder of Berta Cáceres. The Government must report detailed information on complaints received as well as the investigations and proceedings initiated. All these actions must be buttressed by the allocation of sufficient financial and human resources.

We also call on the Government of Honduras to strengthen its efforts to engage in full, genuine and meaningful consultations and dialogue with indigenous and Afro-Honduran peoples and their representative institutions, especially in the context of the adoption of the Consultation Act.

Finally, the Government of Honduras must provide effective protection for the rights of ownership and possession of indigenous and Afro-Honduran peoples’ lands. It must also preserve their rights to the natural resources pertaining to their lands and ensure their access to justice.

As has been indicated by the Committee of Experts and other colleagues who have taken the floor, the issues are grave. We urge the Government to accept a high-level tripartite mission of the ILO to support the Government in finding long-lasting solutions in the application of this Convention.

Employer members – We have listened to the discussion with great attention. By way of final comments, we would like to reiterate that the Convention is the only international instrument that is legally binding for the States that ratify it. In this context Honduras has the commitment to apply it and to keep the supervisory bodies regularly informed, in consultation with the most representative organizations, and hence we invite the Government to do this.

We have already said that the Convention can be an instrument for promoting social dialogue and good governance, with the institutional weight needed to promote confidence, peace and agreements with indigenous communities, only if it is applied in an appropriate and balanced manner in accordance with the actual provisions of the Convention. In this regard, we would like to invite the Government of Honduras to ensure the application of the Convention in a climate of dialogue and understanding free of violence; to ensure that the National Congress, in accordance with its internal procedures and without interference, but bearing in mind that the consultation process was already aborted, to adopt the Bill on prior consultation without delay, in consultation with the social partners and in accordance with the Convention itself; that it considers that, with or without legal regulation, prior consultation with indigenous and tribal peoples must be undertaken in good faith and in a form appropriate to the circumstances. To this end, we invite the Government to avail itself of ILO technical assistance to support this process. It seems to us a little excessive and possibly premature to send a tripartite mission for this purpose. We observe that progress has been made and, this being the case, we believe that ILO technical assistance without interference from other bodies which have no competence to apply the Convention would be sufficient. We also ask the Government to continue to implement specific measures to improve the situation of Miskito dive-fishers.

Lastly, we invite the Government to continue moving forward in the matters discussed above.

Conclusions of the Committee

The Committee took note of the information provided by the oral and written submissions presented by Government and the discussion that followed.

The Committee took note with interest of the positive steps made on the elaboration of the draft regulatory framework for prior consultation since its last discussion of the case in 2016.

The Committee noted with concern the reported cases of murders and forced disappearances of representatives and members of Indigenous and Afro-Honduran peoples.

Taking into account the discussion of the case, the Committee urges the Government of Honduras, in consultation with the social partners, to:

• ensure the implementation of the Convention in law and practice in a climate of social dialogue and understanding, free from violence and intimidation;
• conduct, without delay, independent investigations and proceedings against perpetrators of criminal acts against Indigenous and Afro-Honduran peoples and their representatives;
• establish appropriate consultation and participation procedures in line with the Convention;
• implement without delay the Convention in law and practice, based on the extensive consultations held with social partners, and in accordance with Article 6 of the Convention, on the requirement to consult Indigenous peoples, so that such consultations are held in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures;
• continue to take effective measures to improve the conditions of work of Misquito dive-fishers; and
• ensure the awareness of rights and access to justice to Indigenous and Afro-Honduran peoples.

The Committee requests that the Government avail itself of ILO technical assistance in implementing these conclusions.

The Committee requests that the Government submit information to the Committee of Experts at its next session in 2021 on the progress made in the implementation of the Convention in law and practice.

The Committee calls upon the Government to accept an ILO direct contacts mission.

Government representative – We reaffirm the undertaking to adopt the recommendations made in order to continue the process of application of the Convention, preserving dialogue as a means of understanding free from any manifestation of violence, using the special procedures and institutions created for this purpose.

We, the Government, with the immediacy of the case, will urge the other state authority, which has knowledge of the consultations provided for in Article 6 of the Convention, to comply with the requirement to consult the social partners on the Bill relating to prior consultation in good faith, until such time as consent is achieved.

The special committee of the National Congress of the Republic will also be requested most respectfully to avail itself of ILO technical assistance.

We will report on all of the above to the Committee of Experts to give evidence of advances and legislative progress made regarding the adoption of the law and the application of the Convention through a tripartite approach involving social dialogue.

We accept and greatly look forward to the announced visit of the ILO direct contacts mission at an appropriate date and by joint agreement so that full access will be available to it.