Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Honduras (Ratification: 1995)

1. The Committee notes the detailed information provided in the Government’s report, and the numerous annexes attached.

2. Article 1 (Scope of application). The Committee notes the information provided by the Government in its report indicating the numbers of the indigenous population in the country, the procedures for indigenous peoples to obtain legal status and copies of the relevant provisions of the Act governing this procedure. The Committee would be grateful if the Government would indicate the number of applications for the recognition of the legal status by  indigenous peoples which have been processed under the above Act.

3. Article 2 (Action coordinated by the Government). In addition to the plan to establish the National Commission for the Affairs of Indigenous and Black Peoples Affairs (CONAIN), to which it referred in its observation, the Committee notes the information provided on the administrative measures to coordinate Government action on indigenous affairs and those of the black population which have been adopted by various bodies. In 1998, the Government established the Secretariat of Governance and Justice for this purpose, which since July 2000 has been coordinating with the Secretariat of Agriculture and Stock-raising. When the CONAIN is established, the Committee notes that it will be chaired by the Secretariat for Governance and Justice and that it will benefit from the participation of the secretariats and a member for each federation of indigenous and black peoples legally recognized by the State. The Committee would be grateful if the Government would keep it informed of progress in the establishment of the CONAIN and on its work once it starts operating.

4. The Committee reiterates its previous request for the Government to provide information on studies carried out comparing the socio-economic situation and/or income levels of indigenous peoples in relation to the national average for the non-indigenous population. The Committee also notes the information provided by the Government on the appointment of two consultants to carry out an analysis of the ethnic groups in Honduras and it would be grateful if it would provide a copy to the Office.

5. The Committee notes the preparation of a document on the Poverty Reduction Strategy and requests the Government to keep it informed of any action taken in this context to promote the economic activities and the access to health and education services of indigenous communities.

6. Article 4 (Special measures). The Committee would be grateful if the Government would provide information on the special measures taken by the Legal Office for Ethnic Groups and Cultural Heritage for the protection of ethnic minorities and to preserve the archaeological heritage of indigenous communities.

7. Article 6 (Consultation and participation of indigenous peoples). The Committee notes with interest the information provided by the Government in its report on the establishment in January 2002 of the National Indigenous Council of Honduras (CNIH) as a coordinating body for the participation of indigenous peoples in development plans. The Committee requests the Government to provide information on the activities of the CNIH and on the measures adopted or envisaged by the Government for consultations with indigenous communities in relation to the other provisions of the Convention.

8. Article 7 (Process of development). The Committee notes the information provided by the Government in its report on the objectives, composition and scope of the Programme for the Administration of Rural Areas (PAAR) for the reduction of rural poverty through sustainable increases in the production and the productivity of the agro-forestry sector and the reversal of the process of the deterioration of natural resources. The Committee would be grateful if the Government would continue to provide information on the progress made through this programme in improving the situation of the indigenous population in the departments of Olancho and Yoro. The Committee also notes that the Government is supporting the promotion of tourism in the Garifuna communities. The Committee would be grateful if the Government would provide information in its next report on the manner in which the communities concerned have participated in the preparation and implementation of the PAAR and the Coastal Project.

9. The Committee notes with interest the initiation in December 2002 of the "Our Roots Programme" to improve the living conditions of nine indigenous and black communities. It also notes the assistance provided to indigenous and black women in support of processes to promote self-management throughout the country. The Committee also notes the implementation of the Support Programme for Indigenous and Black Populations (PAPIN) to improve investment in infrastructure in their communities.

10. The Committee requests the Government to provide information in future reports on the progress made with the above projects. It also reminds the Government of the fundamental importance for the application of the Convention of the participation of the communities concerned in the preparation and implementation of these projects.

11. The Committee trusts that the Government will keep it informed in its next report of the findings of the environmental study that is being carried out to evaluate the impact on the Misquita and Tawahaka peoples of the construction of a hydroelectric dam in the middle reaches of the Patuca River (Patuca II Hydroelectric Project).

12. Articles 8 and 9 (Customs and customary laws). The Committee once again notes the information provided by the Government in its report indicating that no case has been brought to the courts concerning incompatibilities between indigenous customs and the national legislation. The Committee recalls that Article 8 of the Convention requires that ratifying States have due regard to the customs or customary laws of indigenous peoples in applying national laws and regulations. It notes the existence of a body of legislation of the Misquita people which, because it is not written down, cannot be documented. The Committee trusts that the Government will inform it of any conflict which may arise between the national legislation and the customs and customary laws of these peoples and that, wherever necessary, conciliation and consultation procedures will be used with the representatives of the peoples concerned. It also reiterates its previous request for the Government to supply copies of any provisions and administrative or judicial decisions referring to the application of indigenous customs or customary laws.

13. Article 12 (Legal protection). The Committee notes with interest the text of the framework agreement for the training of indigenous attorneys so that they can collaborate with members of the judiciary for the defence of the individual and collective interests of indigenous communities. The Committee requests the Government to provide information on the results achieved.

14. The Committee reiterates its previous request to the Government to provide information on the measures adopted or envisaged in relation to the serious allegations received by the Office concerning violations of the human rights of indigenous and tribal peoples. The communications received include a letter of 15 July 1997 from the Confederation of the Native Peoples of Honduras (CONPAH), forwarded by the Office of the Honduran Minister of Labour by letter dated 20 August 1997, to which no reply has been received.

15. Article 14 (Land rights). The Committee notes the detailed description of the procedures for resolving land claims by indigenous peoples. The Committee would be grateful if the Government would provide information on the manner in which these procedures have been applied in practice and the results achieved.

16. Article 15 (Natural resources). In its previous comments, the Committee requested the Government to provide information on the participation of indigenous peoples in the process of exploiting forest resources. The Committee notes from the information provided by the Government in its last report that, by virtue of section 71 of Decree No. 104 issued under the General Environmental Act, indigenous ethnic groups shall receive special support from the State in relation to their traditional systems for the integral use of renewable natural resources. The Committee requests the Government to indicate the manner in which the indigenous communities concerned participate in decisions relating to the use to be made of their natural resources and in the studies carried out to establish viability criteria as a model for sustainable development. It also requests the Government to indicate the manner in which indigenous communities participate in the decisions which, in accordance with Decree No. 238-1993, are adopted by the Office of the Attorney-General for the protection of the environment, the ecosystem, ethnic minorities and the conservation of the archaeological and cultural heritage. It reiterates its previous request for the provision of copies of studies on the environment carried out in regions inhabited by indigenous peoples. It would also be grateful if the Government would indicate the manner in which the Act establishing the Forestry Development Cooperation of Honduras provides for the "effective" participation of the representatives of indigenous peoples in decisions, including those relating to the determination of areas in which hunting is permitted or subject to permits.

17. The Committee notes the information provided by the Government in its report on the deterioration in the environment in the Lenca territory. The Committee would be grateful if the Government would provide information on the measures adopted or envisaged, with the participation of representatives of the communities concerned, to secure the ecological equilibrium of the areas concerned. It also notes with interest the adoption of the Decree establishing the Asangni Biosphere Reservation and the Patuca National Park, the text of which was provided with the report. The Committee further notes the programmes developed for the sustainable management and use of coniferous forests in Honduras (MAFOR) and to conserve and strengthen biodiversity in Honduras in priority areas (PROBAP) and the biosphere of the Plátano River. The Committee requests the Government to keep it informed of the progress achieved and the participation of the representatives of the indigenous communities concerned in the development and implementation of these programmes.

18. The Committee notes the provisions of the General Act on Mining, and particularly those relating to the functions of the mining authority, concessions, commercialization, the establishment of servitudes and the carrying out of environmental impact studies. In the light of the above provisions of the General Act on Mining, the Committee once again requests the Government to provide information on any specific measures adopted or envisaged to safeguard the rights of indigenous communities to their natural resources, with an indication of whether section 15 of the Agrarian Reform Act is applicable and on any substantive measures which have been adopted for the application of article 346 of the Constitution of Honduras. The Committee also once again requests information on the participation of the peoples affected in the use, management and conservation of these natural resources, including the use of indigenous techniques and strategies for the conservation of the environment. Furthermore, please provide practical examples of any consultations held with indigenous communities when the Government has decided to exploit or award concessions in relation to the natural resources of the lands occupied or used by indigenous communities, as well as information on the participation of the peoples concerned in the benefits of the exploration or exploitation of such natural resources and on any compensation granted for damages which they may sustain as a result of such activities.

19. Article 16 (Relocations). The Committee notes the indication in the Government’s report that the ancestral land occupation rights of ethnic groups are respected and that the processes of the adjudication of land rights have not resulted in relocations of ethnic groups. It also notes that section 13(d) of the Agrarian Reform Act prohibits the relocation of indigenous peoples. The Committee notes that the above provision excludes from the agrarian reform parks, national forests, forest reservations and protected areas, among other geographical areas, but makes no reference to the lands occupied or used by indigenous peoples. The Committee would be grateful if the Government would provide additional information on the legal scope of this provision in prohibiting the relocation of indigenous communities which traditionally occupy or use lands that have not been legally adjudicated to them.

20. Article 19 (Agrarian programmes). The Committee notes with interest the existence of the National Local Development Programme (PRONADEL), the South-West Honduras Rural Development Project (PROSOC), and the Food Security Extension Project (EXTENSA), all of which are intended to improve living and working conditions in the rural sector. The Committee trusts that the Government will keep it informed of the progress achieved and the manner in which indigenous communities participate in the various stages of these projects and programme. It also requests information on the outcome of negotiations to promote the rural development of  Mosquitia area. The Committee also requests the Government to provide more detailed information on the action taken in the context of the Land Title Programme to improve the access to financing of small-scale agricultural producers.

21. Article 20 (Conditions of employment). The Committee reiterates its previous request to the Government to provide information on any measures adopted or envisaged to prevent discrimination in practice against indigenous peoples in the areas covered by this Article. It also once again requests the Government to provide information on the activities carried out in practice by the labour inspection services in areas where there is a concentration of members of indigenous communities in the workforce, including young members of the Misquita community engaged in diving in the sea and catching lobsters in view of the lamentable cases of divers who have remained partially or totally paralysed as a result of the failure to comply with minimum safety standards. In this respect, the Committee notes with interest the adoption of Executive Agreement No. STSS-116-01 regulating the safety and health of those working in underwater fishing and penalizing those responsible for violations. The Committee trusts that the Government will take the necessary measures to ensure that the above Agreement is also applied to workers whose employers do not provide them with a contract of employment and do not require the necessary medical certificates and training. It also trusts that the Government will take the necessary measures to enforce with severity the liability of employers who violate the provisions of the regulations that have been adopted in view of the serious risks involved in this type of activity.

22. Article 22 (Vocational training). The Committee notes the information provided by the Government concerning the training provided by the Family Education Centres for the Development of Honduras (CEFEDEH) for the members of the Lenca and Pech communities. The Committee once again requests the Government to provide a copy of the agreement concluded on 19 April 1996 with indigenous peoples, pursuant to which the National Vocational Training Institute (INFOP) undertook to implement vocational training programmes in specific areas. It also requests information on the manner in which the needs of the peoples concerned are evaluated for the purposes of determining the type of training to be provided.

23. Article 23 (Handicrafts, rural and community-based industries). The Committee notes with interest the numerous publications intended to promote handicrafts among indigenous communities in Honduras, which were annexed to the Government’s report. The Committee notes with interest the information provided by the Government in its report on the objectives and activities of the Programme for the Rehabilitation and Promotion of Indigenous and Traditional Handicrafts in Honduras (PROPAITH). The Committee would be grateful if the Government would continue providing information on the implementation of this project.

24. Article 24 (Social security). The Committee requests the Government to provide information on the measures adopted or envisaged by the Government to ensure that the indigenous communities most affected by unemployment and precarious conditions of employment benefit from appropriate coverage in the context of the project entitled "Extension of social security coverage to the excluded and the poor".

25. Article 25 (Health services). The Committee notes with interest the information provided by the Government on the activities undertaken in the context of the National Programme of Care for Ethnic Groups. The Committee would be grateful if the Government would provide information on the progress achieved in the implementation of the project with a view to the training of members of indigenous communities as nursing auxiliaries and on the project entitled "Intercultural Health" with a view to improving the effectiveness of the health services provided for these communities. The Committee also notes the existence of programmes to combat Chagas’ disease, malaria, tuberculosis and HIV/AIDS in the various regions. The Committee further notes with interest the implementation of the Household Food Security Programme for Health Care Managers (HOGASA) to improve health practices, maternal and child nutrition and reproductive health. With reference to its previous comments, the Committee requests the Government to provide information on the number of health centres existing in the various indigenous communities and the type of services provided.

26. Articles 26 to 29 (Education). The Committee notes the information provided by the Government in its report on the implementation of its educational policy and strategy for members of indigenous communities. It notes with interest the Multipartite Inter-institutional Cooperation and Assistance Agreement to preserve the language and culture of the Tawahaka people. It also notes the text establishing the National Education Programme for Indigenous and Afro-Antillen Ethnic Groups in Honduras (PRONEEAAH). The Committee notes from the information provided in the annex by the Government that most indigenous groups have a high percentage of illiteracy in comparison with the rest of the national population. The Committee trusts that the Government will provide precise information on the number of schools with the capacity to provide intercultural bilingual education which have been established in the various communities. The Committee notes with interest the Accord of the Secretariat of Education authorizing special regulations for the appointment and recruitment of personnel with non-pedagogical qualifications to combat the high rates of illiteracy in rural ethnic areas. The Committee would be grateful if the Government would keep it informed of the progress made in training teachers among the members of indigenous communities and the participation of these communities in the formulation and implementation of educational programmes, and particularly the PRONEEAAH and the Tawahaka bilingual and intercultural education project (PEBIT).

27. Article 31 (Promoting the elimination of prejudices). The Committee requests the Government to provide information on the educational campaigns that exist or are planned so that among all sections of the national community, and particularly in educational materials for the non-indigenous population, emphasis is placed on eliminating prejudices which may be harboured in respect of these peoples.

28. Part VIII of the report form. The Committee notes with interest the information provided by the Government in its report indicating that as a result of the consultation processes in the context of the Convention resulted in the establishment of  the Intersectoral Commission for the Adjudication, Extension, Validation and Protection of the Ownership of Garifuna and Misquita Lands, to which the Committee refers in its comments on the application of Article 14. The Committee reminds the Government that it may also be beneficial to consult the organizations of indigenous and tribal peoples when preparing reports on the application of the Convention. The Committee trusts that the Government will take the necessary measures to do so when preparing its next report.