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

Other comments on C169

Observation

Direct Request

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Article 1 of the Convention. Peoples covered by the Convention. The Committee notes that the Inter-American Commission on Human Rights (IACHR), in its preliminary observations on its in loco visit to Honduras in April 2023, noted that challenges remain with regard to the inclusion of ethnic and racial groups in censuses and other statistical systems. In particular, the IACHR indicates that in the Moskitia region there are persons who have not been recorded in any census and have not been registered as Hondurans and that the Garífuna and indigenous communities have expressed their discontent at the lack of categories for ethnic and racial self-identification in national censuses. The Committee requests the Government to indicate the measures taken to ensure that questions included in the next population census allow the inclusion of all persons who self-identify as belonging to an indigenous or Afro-Honduran people (PIAH).

Articles 2 and 33. Coordinated and systematic action. The Committee notes the establishment of the National Coordinating Committee for Indigenous and Afro-Honduran Peoples (CONAPOA), attached to the Secretariat of State in the Office of Social Development (SEDESOL). It notes that CONAPOA is responsible for the study and creation of public policies concerning the relationship between the State and the PIAH and the formulation of programmes and projects to address their needs. The Government indicates that SEDESOL is taking the following actions: developing a comprehensive public policy against racism and racial discrimination against the PIAH to be discussed with the peoples in their communities; setting up an inter-institutional technical committee for indigenous and Afro-Honduran peoples (MEPIAH), which is a forum for multidisciplinary teams in charge of developing and implementing measures to provide solutions to the challenges faced by the PIAH.

The Committee recalls the importance of developing coordinated and systematic action to ensure that the actions of the various institutions responsible for implementing programmes or policies related to indigenous peoples are coherent and efficient. While taking due note of the establishment of CONAPA, the Committee requests the Government to indicate the measures taken to make such coordination effective throughout the territory; how the participation of indigenous peoples in the planning, implementation and evaluation of programmes and policies concerning them is ensured; whether a policy on the rights of the PIAH has been adopted, the priorities defined, the objectives set and the means of action established.

Articles 7 and 15. Participation in environmental impact studies. In relation to the cooperation of the PIAH in the evaluation of the social, spiritual and cultural impact of the development activities planned in their territories, the Government indicates that under the environmental licensing process, if the coordinates of a project overlap with a protected area (such as an indigenous territory), consultations must be held so that the Advisory Council may review the file in question. Moreover, projects must be discussed with the communities concerned in open forums to secure their approval. Noting that there is no specific process providing for the participation of the PIAH in the assessment of the impact of projects planned on their lands, the Committee requests the Government to provide specific examples of how in practice the cooperation of the PIAH is secured in this regard.

Consultation and natural resources. The Committee refers to the comments made in its observation on the importance of adopting a normative framework for consultation with all the peoples covered by the Convention and, in the meantime, reiterates its request to the Government to provide information on the procedures established to consult the PIAH, with a view to ascertaining whether and to what degree their interests would be prejudiced, before undertaking or permitting any programmes for the exploration or exploitation of such resources pertaining to their lands, in accordance with Article 15 of the Convention.

Mining activities. The Committee notes that, to date, the Honduran Institute of Geology and Mines (INHGEOMIN) has not granted any mining concessions for exploitation in indigenous and Afro-descendant areas, as free and informed prior consultation is not regulated.

Articles 25 and 28. Health and education. The Committee notes the detailed information provided by the Government on projects implemented by the Directorate-General for School Buildings and Property to improve school infrastructure and provide suitable furniture for schools, projects which directly benefit various indigenous and Afro-Honduran communities. The Government also refers to the Becas solidarias (solidarity bursaries) programme for young persons living in situations of vulnerability, in particular the Félix Vasquez bursaries, which provides monthly financial support to persons belonging to indigenous communities, and also the Nuestras raíces (our roots) programme, whose objective is to integrate the PIAH into a services and projects platform run by the State. In this regard, the Committee notes that the Honduran National Business Council (COHEP) refers in its observations to the Nuestras raíces programme, whose objectives include the revitalization of indigenous languages but regarding whose scope no data are available.

The Committee notes that the IACHR, in its report on economic, social, cultural and environmental rights of indigenous peoples and peoples of African descent in Central America (published in 2023), refers to reports of persecution suffered by practitioners of traditional medicine, as in the case of indigenous and Afro-Honduran midwives in the municipality of Santa Elena. The IACHR also refers to the fact that indigenous peoples do not have nearby centres for general or emergency healthcare for pregnant women, and that centres in more remote places to which they have access do not have adequate infrastructure or the most basic supplies.

The Committee notes that, in the context of the direct contacts mission which visited the country in May 2022, the representatives of the PIAH highlighted the lack of infrastructure in their territories, emphasizing that the poverty they face is accentuated by the abandonment of their territories by the State, and that this has an impact on their access to health and education systems. The Committee requests the Government to continue its efforts to reduce the gap in access to quality health and education services for the PIAH and to provide information on the measures taken in this respect. The Committee also requests the Government to provide information on the measures taken to implement bilingual intercultural education, and also to provide updated information on the education situation of the PIAH.