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Honduras

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, with some restrictions, and the government generally respected this right. A small number of powerful business magnates with intersecting commercial, political, and family ties owned most of the major news media.

Freedom of Expression: The law includes a provision to punish persons who directly or through public media incite discrimination, contempt, repression, or violence against a person, group, or organization for reasons of gender, age, sexual orientation, gender identity, political opinion or affiliation, marital status, race or national origin, language, nationality, religion, family affiliation, family or economic situation, disability, health, physical appearance, or any other characteristic that would offend the victim’s human dignity.

Violence and Harassment: There were continued reports of harassment and threats against journalists, media figures, and bloggers. On March 17, a gunman shot and killed journalist Gabriel Hernandez in Nacome, Valle Department. Hernandez directed the television program The People Speak, where he discussed social issues and local politics. As of December the Secretariat of Human Rights had no information regarding an investigation or arrest in the case. In June a court found 12 members of the 18th Street gang guilty for their connections to the 2017 murder of Igor Padilla, a television journalist with the network HCH.

Government officials at all levels publicly denounced violence and threats of violence against media members and social communicators. It was usually unclear whether violence and threats against journalists were linked to their work or were products of generalized violence.

The government allocated a budget of nearly 25 million lempiras (one million dollars) for the continued operation of a protection mechanism that included provision of protection to journalists. By August it had provided protection to 39 journalists, among other types of activists and human rights defenders. Some nongovernmental organizations (NGOs) continued to express concern about weak implementation of the law and limited resources available to operate the government’s protection mechanism. Civil society organizations continued to criticize the government’s failure to investigate threats adequately.

The HNP’s Violent Crimes Task Force investigated crimes against high-profile and particularly vulnerable victims, including journalists (as well as judges, human rights activists, and members of the LGBTI community). As of September the task force had submitted 17 cases to the Public Ministry, arrested 24 persons, and obtained four convictions.

Censorship or Content Restrictions: Media members and NGOs stated the press self-censored due to fear of retaliation from organized crime or corrupt government officials.

Libel/Slander Laws: Citizens, including public officials, may initiate criminal proceedings for libel and slander. No cases were reported during the year.

Nongovernmental Impact: Some journalists and other members of civil society reported threats from members of organized crime. It was unclear how many of these threats were related to the victims’ professions or activism. Several anonymous social media sites, possibly linked to political parties, criticized journalists (as well as activists and civil society organizations) who were critical of the government or opposition party policies.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

In-country Movement: There were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status. The government has a nascent system to provide protection to refugees, the effectiveness of which had not been fully proven by year’s end, but at times there were delays in processing provisional permits for asylum applicants.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the right to choose their government in free and fair periodic elections held by secret ballot and based on nearly universal and equal suffrage. The law does not permit active members of the military or civilian security forces to vote. The constitution prohibits practicing clergy from running for office or participating in political campaigns.

Section 4. Corruption and Lack of Transparency in Government

The law provides for criminal penalties for corruption by officials, but authorities did not implement the law effectively, and officials continued to engage in corrupt practices with impunity. There were numerous reports of government corruption during the year. The government took steps to address corruption at high levels in government agencies, including arresting and charging members of congress, judges, prosecutors, sitting and former senior officials, mayors and other local authorities, and police officers. Anticorruption efforts continued to lag and remained an area of concern, as well as the government’s ability to protect justice operators, such as prosecutors and judges.

In 2016 the OAS Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) began collaborating with the judiciary, the Public Ministry, and other institutions to prevent and investigate acts of corruption. Prompted by MACCIH’s work, the Public Ministry created an anticorruption unit (UFECIC) that undertook cases for investigation, including 13 major cases in conjunction with MACCIH. MACCIH assisted the Supreme Court with the establishment of an anticorruption court with national jurisdiction.

Corruption: As of October UFECIC, in collaboration with MACCIH, had presented 13 case investigations, including against former first lady Rosa Elena Bonilla de Lobo, spouse of former president Porfirio Lobo, which resulted in her conviction in August on fraud and misappropriation of public funds and a sentence of 58 years in prison. Several cases involved accusations against members of congress, such as the fe de erratas (erratum) case against two members of congress accused of altering legislation and the Network of Congresspersons case, in which five officials were accused of diverting public funds. In March, UFECIC presented two cases to the anticorruption court related to hydroelectric projects, Patuca III Collusion and Corruption and Fraud in el Gualcarque. The latter was based on multiple reports of irregularities in hydroelectric projects managed by the company DESA, presented by the deceased environmental defender Berta Caceres and involving David Castillo, accused of being one of the alleged intellectual authors in Caceres’ killing. In May UFECIC presented a case referred to as Narcopolitics, which accused 12 citizens of being part of a money-laundering scheme that moved funds from international drug trafficking through large-scale public works projects contracted by the government, most of which were never carried out. The son of former president Porfirio Lobo Sosa, who was serving a prison sentence in the United States, was named in this case.

During the year the National Anticorruption Council (CNA) presented eight high-profile cases to the Public Ministry, citing several public administration and elected officials and relatives of former presidents. In February the CNA presented a case against former president Lobo and former Central Bank president Wilfredo Cerrato for violation of the duties of public servants and embezzlement of public funds. Following the announcements of these cases, the CNA reported being the target of harassment campaigns and threats.

Financial Disclosure: Public officials are subject to a financial disclosure law but did not always comply. The law mandates that the Supreme Auditing Tribunal monitor and verify disclosures. The tribunal published its reports on its website and cited the names of public officials who did not comply with the disclosure law.

Uruguay

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combines to promote freedom of expression, including for the press.

Violence and Harassment: The NGO CAInfo reported some cases where journalists were subjected to lawsuits and legal threats, sometimes by government officials or associations to discourage them from doing investigative reporting on certain issues.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status through its refugee commission, which adjudicates asylum claims, provides protection to refugees, and finds durable solutions, including resettlement.

Durable Solutions: The government accepts refugees for resettlement within the framework of a resettlement program implemented jointly with the Office of the UN High Commissioner for Refugees. The program involves 28 families from Guatemala, El Salvador, and Honduras and increases by an average of three families every year. The program includes arranged housing and employment solutions for these families before their arrival to the country.

Section 3. Freedom to Participate in the Political Process

The constitution and the law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Officials sometimes engaged in corrupt practices, and the government addressed them with appropriate legal action. Authorities sometimes lacked sufficient enforcement resources and mechanisms to adequately identify and address acts of administrative misconduct. The Transparency and Ethics Board lacked the permanent staff needed to operate effectively as an anticorruption agency. The Access to Information Unit intervenes in cases of requests to access classified or sensitive information; however, it has powers only to make recommendations to government bodies, not to force them to disclose information. Overall, the country was considered to have a low level of corruption.

Corruption: As of October the case continued against former vice president Raul Sendic for abuse of authority and embezzlement. He was also under a separate investigation by the state-owned oil company ANCAP for allegedly making personal expenditures on an official credit card and mismanaging funds.

Financial Disclosure: The law requires income and asset disclosure by appointed and elected officials. Each year the Transparency and Ethics Board lists the names of government officials expected to file a declaration on its website and informs the individuals’ organizations of those expected to comply. The government official, the judiciary, a special parliamentary committee, or the board may access the information in the declarations (by majority vote of the board). The board may direct an official’s office to withhold 50 percent of the employee’s salary until the declaration is presented, and it may publish the names of those who fail to comply in the federal register. There is a requirement for filing, but there is no review of the filings absent an allegation of wrongdoing.

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The Lessons of 1989: Freedom and Our Future