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Honduras

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. The reported killings took place during law enforcement operations or were linked to other criminal activity by government agents. The Ministry of Security’s Directorate of Disciplinary Police Affairs (DIDADPOL) investigated members of the Honduran National Police (HNP) accused of human rights abuses. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated and arrested members of the military accused of human rights abuses. Impunity, however, remained a serious problem, with significant delays in some prosecutions and sources alleging corruption in judicial proceedings.

The Autonomous University of Honduras Violence Observatory reported 13 arbitrary or unlawful killings by security forces during the year. The Public Ministry reported five such cases undergoing trial, with four cases in the sentencing phase of trial. Five other cases were under investigation. DIDADPOL conducted internal investigations of HNP members in a continuation of the police purge begun in 2016.

On September 16, the Public Ministry filed an indictment against army military police officer Josue Noe Alvarado Giron for the April 24 murder of Marvin Rolando Alvarado Santiago at a military roadblock in Omoa, Cortes. Josue Alvarado allegedly shot Marvin Alvarado after a heated discussion over Marvin Alvarado’s failure to wear a mask during the COVID-19 pandemic. Josue Alvarado was assigned to Task Force Maya Chorti.

On February 4, media reported unknown assailants shot and killed three National Party local leaders in three separate incidents within five days in Tegucigalpa: Oscar Obdulio Licona Ruiz on January 31 and Dagoberto Villalta and Marcial Martinez on February 4.

The government continued to prosecute individuals allegedly involved in the 2016 killing of environmental and indigenous activist Berta Caceres. The legal process against Roberto David Castillo Mejia, one of the alleged intellectual authors of the killing, continued slowly due to motions and appeals by the defense, and Castillo remained incarcerated. On November 23, the court halted the presentation of evidence hearing after the defense filed an appeal. The appeals court would have to rule on the motion before the trial could move forward.

Reports of violence related to land conflicts and criminal activity continued. On April 2, a private security guard for the sugar company La Grecia shot and killed land rights defender Iris Argentina Alvarez Chavez during a confrontation between land rights defenders and private guards. Police later arrested the guard accused of killing Alvarez.

Organized-crime organizations, such as drug traffickers and local and transnational gangs including MS-13 and the 18th Street gang, committed killings, extortion, kidnappings, human trafficking, and intimidation of police, prosecutors, journalists, women, and human rights defenders. Major urban centers and drug-trafficking routes experienced the highest rates of violence.

b. Disappearance

There were no credible reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, government officials received complaints and investigated alleged abuses by members of the security forces on the streets and in detention centers.

The Committee of Relatives of the Disappeared in Honduras (COFADEH) reported 28 cases of alleged torture by security forces through September, while the Public Ministry received three such reports. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) received 210 complaints of the use of torture or cruel and inhuman treatment, many related to the enforcement of the national curfew during the COVID-19 pandemic. COFADEH reported police beat and smeared a tear gas-covered cloth on the face of an individual detained for violating the national curfew in April in El Paraiso.

Corruption along with a lack of investigative resources and judicial delays led to widespread impunity, including in security forces. DIDADPOL investigated abuses by police forces. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated abuses by the military. The National Human Rights Commission of Honduras received complaints about human rights abuses and referred them to the Public Ministry for investigation. The Secretariat of Human Rights provided training to security forces to increase respect for human rights. Through September the secretariat trained 2,764 law enforcement officials in human rights and international humanitarian law.

Prison and Detention Center Conditions

Prison conditions were harsh and sometimes life-threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.

Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Secretariat of Human Rights reported that as of September 2, the total prison population was 21,675 in 25 prisons and three detention centers. According to the secretariat, the system had a designed capacity for approximately 10,600 inmates.

The National Prison Institute (INP) reported 12 violent deaths. On June 11, alleged members of the 18th Street gang in the National Women’s Penitentiary in Tegucigalpa killed six alleged members of the MS-13 gang.

As of September the Secretariat of Human Rights reported the country’s three pretrial detention centers held 79 individuals. These INP-administered centers were on military installations and received some support services from the military. The government used pretrial detention centers to hold high-profile suspects and those in need of additional security. Long periods of pretrial detention remained common and problematic, with many other pretrial detainees held in the general population with convicted prisoners.

The government failed to control pervasive gang-related violence and criminal activity within the prisons. Many prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots and violent confrontations between gang members in prisons throughout the year.

In response to the pervasive violence in the prison system, the government declared an emergency in the National Penitentiary System in December 2019. The emergency decree instituted the Interinstitutional Force as an auditing commission for the penitentiary system. This force is composed of active members of the army and national police. Despite the emergency decree, CONAPREV reported that violence in the prison system continued unabated.

Authorities did not generally segregate those with tuberculosis or other infectious diseases from the general prison population; as of September the INP reported 153 prisoners were being treated for tuberculosis. The lack of space for social distancing combined with the lack of adequate sanitation made prison conditions even more life threatening during the COVID-19 pandemic. The Office of the UN High Commissioner for Human Rights reported 1,695 cases of COVID-19 in 25 prisons as of September, including cases among medical personnel, security personnel, and administrators. CONAPREV reported 27 prisoner deaths due to COVID-19 through August. There was only limited support for persons with mental illnesses or disabilities. CONAPREV reported every prison had a functioning health clinic with at least one medical professional, but basic medical supplies and medicines were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.

Administration: The judicial system was legally responsible for monitoring prison conditions and providing for the rights of prisoners. The government tasks CONAPREV with visiting prisons and making recommendations for protecting the rights of prisoners. CONAPREV conducted more than 84 visits to adult prisons as of the end of August. Media reports noted that family members often faced long delays or were unable to visit detainees.

Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross.

Improvements: Through August, CONAPREV trained 494 technical, administrative, and security personnel on topics including prison management and human rights.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The Inter-American Commission on Human Rights (IACHR) reported that authorities at times failed to enforce these requirements effectively.

Arrest Procedures and Treatment of Detainees

The law provides that police may make arrests only with a warrant unless: they make the arrest during the commission of a crime, there is strong suspicion that a person has committed a crime and might otherwise evade criminal prosecution, they catch a person in possession of evidence related to a crime, or a prosecutor has ordered the arrest after obtaining a warrant. The law requires police to inform persons of the grounds for their arrest and bring detainees before a competent judicial authority within 24 hours. It stipulates that a prosecutor has 24 additional hours to decide if there is probable cause for indictment, whereupon a judge has 24 more hours to decide whether to issue a temporary detention order. Such an order may be effective for up to six days, after which the judge must hold a pretrial hearing to examine whether there is probable cause to continue pretrial detention. The law allows persons charged with some felonies to avail themselves of bail and gives prisoners the right of prompt access to family members. The law allows the release of other suspects pending formal charges, on the condition that they periodically report to authorities, although management of this reporting mechanism was often weak. The government generally respected these provisions. Persons suspected of any of 22 specific felonies must remain in custody, pending the conclusion of judicial proceedings against them. Some judges, however, ruled that such suspects may be released on the condition that they continue to report periodically to authorities. The law grants prisoners the right to prompt access to a lawyer of their choice and, if indigent, to government-provided counsel, although the public defender mechanism was weak, and authorities did not always abide by these requirements.

Arbitrary Arrest: In response to the COVID-19 pandemic, the government instituted a national curfew, suspending constitutional provisions and limiting the free movement of individuals. Peace Brigades International (PBI) reported more than 34,000 persons were detained for violating the curfew. The Human Rights Board condemned some of these arrests as arbitrary under the guise of curfew enforcement. According to the Center for the Investigation and Promotion of Human Rights, on March 24, police arbitrarily detained Evelyn Johana Castillo, sub-coordinator of the Women’s Network of Ojojona and member of the National Network of Defenders of Human Rights. Castillo was returning from the market at 3:30 p.m. when a police officer arrested her for violating the curfew, even though the curfew did not start until 7:00 p.m. Castillo said the arrest was a reprisal for an encounter a few days previously, when Castillo confronted the officer who was attempting to expel a vendor from a park. The Public Ministry reported 15 cases of alleged illegal detention or arbitrary arrest as of November.

Pretrial Detention: Judicial inefficiency, corruption, and insufficient resources delayed proceedings in the criminal justice system, and lengthy pretrial detention was a serious problem. For crimes with minimum sentences of six years’ imprisonment, the law authorizes pretrial detention of up to two years. The prosecution may request an additional six-month extension, but many detainees remained in pretrial detention much longer, including for more time than the maximum period of incarceration for their alleged crime. The law does not authorize pretrial detention for crimes with a maximum sentence of five years or less. The law mandates that authorities release detainees whose cases have not yet come to trial and whose time in pretrial detention already exceeds the maximum prison sentence for their alleged crime. Even so, many prisoners remained in custody after completing their full sentences, and sometimes even after an acquittal, because officials failed to process their releases expeditiously.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

Although the law generally prohibits such actions, a legal exception allows government authorities to enter a private residence to prevent a crime or in case of another emergency. There were credible complaints that police occasionally failed to obtain the required authorization before entering private homes.

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 remained an area of concern, as did the government’s ability to protect justice sector officials, such as prosecutors and judges.

Following months of negotiation, the government and the OAS did not reach an agreement to maintain the Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH), and its mandate expired in January. The Public Ministry created a new anticorruption unit, the Special Prosecution Unit against Corruption Networks, which is charged with pursuing MACCIH legacy corruption cases.

Corruption: On March 13, the Supreme Court of Justice ordered a new trial for former first lady Rosa Elena Bonilla de Lobo, spouse of former president Porfirio Lobo, who was convicted in August 2019 of fraud and misappropriation of public funds and sentenced to 58 years in prison. The Supreme Court of Justice cited the presence of MACCIH personnel during Public Ministry investigations, including in the execution of search warrants in violation of the law. A specialized anticorruption sentencing tribunal ordered her release from pretrial detention on July 23. As of September no new trial date had been set. On August 5, an appeals court dismissed charges against 22 defendants indicted in the so-called Pandora case, a 2013 scheme that allegedly funneled 289.4 million lempiras ($12 million) in government agricultural funds to political campaigns. The appeals court ruled the cases of former agriculture minister Jacobo Regalado and three members of his staff should proceed to trial.

During the year the National Anticorruption Council reported numerous irregularities in the purchase of emergency medical supplies during the pandemic. The council presented 11 reports in a series called, Corruption in the Times of COVID-19. The reports alleged illicit gains of more than 1.64 billion lempiras ($68 million) by government officials in the purchase of medical supplies. Invest-H, the agency in charge of purchasing medical supplies during the pandemic, purchased seven mobile hospitals for 1.13 billion lempiras ($47 million), more than 289.4 million lempiras ($12 million) above the manufacturer’s quoted price. The director of Invest-H, Marco Antonio Bogran Corrales, resigned from his position in July and was indicted in October on two corruption charges for embezzling an estimated 1.3 million lempiras ($54,000) in public funds and funneling a contract for mobile hospitals to his uncle. Authorities arrested Bogran on October 5 and released him on October 8 on bail pending trial. The director of the national disaster management agency, Gabriel Rubi, was removed from his position in April.

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.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, but some human rights organizations criticized government officials for lack of access and responsiveness.

Government Human Rights Bodies: A semiautonomous commissioner for human rights, Roberto Herrera Caceres, served as an ombudsman and investigated complaints of human rights abuses. With offices throughout the country, the ombudsman received cases that otherwise might not have risen to national attention. The Secretariat of Human Rights served as an effective advocate for human rights within the government. The Public Ministry’s Office of the Special Prosecutor for Human Rights handled cases involving charges of human rights abuses by government officials. The Public Ministry also has the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Officials. There is also a Human Rights Committee in the National Congress. The Ministries of Security and Defense both have human rights offices that investigated alleged human rights abuses and coordinated human rights-related activities with the Secretariat of Human Rights.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law grants workers the right to form and join unions of their choice, bargain collectively, and strike. It prohibits employer retribution against employees for engaging in trade union activities. The law places restrictions on these rights, such as requiring that a recognized trade union represent at least 30 workers, prohibiting foreign nationals from holding union offices, and requiring that union officials work in the same substantive area of the business as the workers they represent. The law prohibits members of the armed forces and police, as well as certain other public employees, from forming labor unions.

The law requires an employer to begin collective bargaining once workers establish a union, and it specifies that if more than one union exists at a company, the employer must negotiate with the largest.

The law allows only local unions to call strikes, prohibits labor federations and confederations from calling strikes, and requires that a two-thirds majority of both union and nonunion employees at an enterprise approve a strike. The law prohibits workers from legally striking until after they have attempted and failed to come to agreement with their employer, and it requires workers and employers to participate in a mediation and conciliation process. In addition the law prohibits strikes in a wide range of economic activities that the government has designated as essential services or that it considers would affect the rights of individuals in the larger community to security, health, education, and economic and social well-being.

The law permits workers in public health care, social security, staple food production, and public utilities (municipal sanitation, water, electricity, and telecommunications) to strike as long as they continue to provide basic services. The law also requires that public-sector workers involved in the refining, transportation, and distribution of petroleum products submit their grievances to the Secretariat of Labor and Social Security (STSS) before striking. The law permits strikes by workers in export-processing zones and free zones for companies that provide services to industrial parks, but it requires that strikes not impede the operations of other factories in such parks. The STSS has the power to declare a work stoppage illegal, and employers may discipline employees consistent with their internal regulations, including by firing strikers, if the STSS rules that a work stoppage is illegal.

The government did not effectively enforce the law. Nearly two years after passage of a comprehensive labor inspection law in 2017, the STSS released implementing regulations based on extensive consultations with the private sector and unions. Employers frequently refused to comply with STSS orders that required them to reinstate workers who had been dismissed for participating in union activities. By law the STSS may fine companies that violate the right to freedom of association. The law permits fines, and while the monetary penalty is commensurate with those for other laws involving denials of civil rights, such as discrimination, the failure of the government to collect those fines facilitated continued labor law violations. In all of 2019, the STSS levied fines of more than 38.1 million lempiras ($1.58 million) but collected only 755,000 lempiras ($31,300). Both the STSS and the courts may order a company to reinstate workers, but the STSS lacked the means to verify compliance. While there were cases where a worker was reinstated, such as the reinstatement of a union leader in Tegucigalpa following his unlawful dismissal, the reinstatement process in the courts was unduly long, lasting from six months to more than five years.

Workers had difficulty exercising the rights to form and join unions and to engage in collective bargaining, and the government failed to enforce applicable laws effectively. Public-sector trade unionists raised concerns about government interference in trade union activities, including its suspension or ignoring of collective agreements and its dismissals of union members and leaders.

Some employers either refused to engage in collective bargaining or made it very difficult to do so. Some companies also delayed appointing or failed to appoint representatives for required STSS-led mediation, a practice that prolonged the mediation process and impeded the right to strike. There were allegations that companies used collective pacts, which are collective contracts with nonunionized workers, to prevent unionization and collective bargaining because only one collective contract may exist in each workplace. Unions also raised concerns about the use of temporary contracts and part-time employment, suggesting that employers used these mechanisms to prevent unionization and avoid providing full benefits.

e. Acceptable Conditions of Work

There are 42 categories of monthly minimum wages, based on the industry and the size of a company’s workforce; the minimum average was above the poverty line. The law does not cover domestic workers.

The law applies equally to citizens and foreigners, regardless of gender, and prescribes a maximum eight-hour shift per day for most workers, a 44-hour workweek, and at least one 24-hour rest period for every six days of work. It also provides for paid national holidays and annual leave. The law requires overtime pay, bans excessive compulsory overtime, limits overtime to four hours a day for a maximum workday of 12 hours, and prohibits the practice of requiring workers to complete work quotas before leaving their place of employment. The law does not protect domestic workers effectively. In many industries, including agriculture, cleaning, and security, employers did not respect maternity rights or pay minimum wage, overtime, or vacation. In these sectors employers frequently paid workers for the standard 44-hour workweek no matter how many additional hours they worked. In the agricultural sector, companies frequently paid less than minimum wage to most workers, with fewer than 1 percent of agricultural workers receiving the minimum wage. In security and domestic service sectors, workers were frequently forced to work more than 60 hours per week but paid only for 44 hours.

Occupational safety and health standards were current but not effectively enforced. By law workers may remove themselves from situations that endanger their health or safety without jeopardizing continued employment. Under the new inspection law, the STSS has the authority temporarily to shut down workplaces where there is an imminent danger of fatalities; however, there were not enough trained inspectors to deter violations sufficiently. Inspectors suspended inspections in March under the national curfew in response to the COVID-19 pandemic. Inspectors began undergoing virtual training in new technology in March in response to the challenges brought about by the pandemic and national curfew.

The STSS is responsible for enforcing the national minimum wage, hours of work, and occupational health and safety law, but it did so inconsistently and ineffectively. Civil society continued to raise problems with minimum wage violations, highlighting agricultural companies in the south as frequent violators. The law permits fines, and while the monetary penalty is sufficient to deter violations and commensurate with the penalties for similar crimes, such as fraud, the failure of the government to collect those fines facilitated continued labor code violations. As of September inspectors conducted 4,102 total inspections, including 268 unannounced inspections, compared with 14,039 total inspections for the same time period in 2019. The number of inspections dropped severely from 2019 as a result of the national curfew imposed during the COVID-19 pandemic. As of November the STSS had an insufficient number of inspectors to enforce the law effectively.

Because labor inspectors continued to be concentrated in Tegucigalpa and San Pedro Sula, full labor inspections and follow-up visits to confirm compliance were far less frequent in other parts of the country. Many inspectors asked workers to provide them with transportation so that they could conduct inspections, since the STSS could not pay for travel to worksites. Credible allegations of corruption in the Secretariat of Labor continued.

The government did not effectively enforce occupational safety and health (OSH) standards, particularly in the construction, garment assembly, and agricultural sectors, as well as in the informal economy. Penalties for violations of OSH law were commensurate with penalties for similar crimes. There was no information available on any major industrial accidents. Employers rarely paid the minimum wage in the agricultural sector and paid it inconsistently in other sectors. Employers frequently penalized agricultural workers for taking legally authorized days off. Health-care workers protested the lack of adequate protective equipment and delayed salary payments during the COVID-19 pandemic. The Federation of Agroindustry Workers’ Unions reported massive layoffs and cancelation of contracts in the maquila sector during the pandemic without providing welfare benefits.

While all formal workers are entitled to social security, there were reports that both public- and private-sector employers failed to pay into the social security system. The STSS may levy a fine against companies that fail to pay social security obligations, but the amount was not sufficient to deter violations.

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