Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and 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, hate, 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.
In September congress repealed Article 335-B of the law, which criminalized hate speech and language inciting terrorism, due to concern that this article could be used to target journalists and members of civil society for expressing views critical of the government. Media associations and NGOs praised the congressional action.
Violence and Harassment: There were continued reports of harassment and threats against journalists, media figures, and bloggers. NGO Peace Brigades International registered a significant increase in reports of harassment against journalists and social communicators since 2017. They registered 41 security incidents involving journalists and social commentators between January and August, nearly twice the number of complaints registered during the same period in 2017. Reports linked most of these instances of harassment and threats to organized criminal elements and gangs.
Government officials at all levels publicly denounced violence and threats of violence against media members and social communicators. UNAH’s Violence Observatory reported no killings of journalists and social communicators during the first six months of the year, as compared with two such killings in 2017. There were many reports of intimidation and threats against media members and their families, including from members of the security forces and organized crime. It was usually unclear whether violence and threats against journalists were linked to their work or were products of generalized violence.
Human rights defenders, including indigenous and environmental rights activists, political activists, labor activists, and representatives of civil society working to combat corruption, reported threats and acts of violence. Civil society organizations, including students, agricultural workers groups, and indigenous rights groups, criticized the government and its officials for allegedly criminalizing and stigmatizing social protest. Members of the Police Purge Commission, National Anticorruption Council (CNA), and Public Ministry’s anticorruption unit (UFECIC) all reported receiving threats. The Agroindustrial Worker’s Federation, a labor syndicate, reported two cases of threats against union leaders (see section 7.a.).
The government allocated a budget of nearly 25 million lempiras ($1.04 million) for the operation of its protection mechanism. By August it had 34 permanent and contract staff. The mechanism approved 219 protection cases, including 131 human rights defenders, 39 journalists, 30 social commentators, and 19 justice-sector workers. As of August 31, the mechanism had received 122 new requests for protection, of which 104 met legal requirements and were accepted. Of the 104 accepted cases, eight were closed during the year. The remaining 96 cases included 52 human rights defenders, 14 journalists, 21 social commentators, and 9 justice-sector workers. Some NGOs continued to express concern about weak implementation of the law and limited resources available to operate the government’s protection mechanism for human rights defenders. Civil society organizations continued to criticize the government’s failure to investigate threats against activists and journalists adequately.
The HNP’s Violent Crimes Task Force investigated crimes against high-profile and particularly vulnerable victims, including judges, journalists, human rights activists, and members of the LGBTI community. As of November the task force had submitted 19 cases to the Public Ministry, arrested 42 persons, and obtained six 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.
National Security: The Organization of American States (OAS) Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) continued to raise concerns regarding the law for the classification of public documents related to defense and national security (the Secrets Law). MACCIH called on the government either to amend the law or pass a new one. According to MACCIH representatives, the law prohibits authorities from fully investigating government contracts and funds, enabling government institutions to misuse an overly broad classification system under the guise of “national security” to hide potential illicit activity in such areas as the security tax fund, water authority, and social security administration. Civil society organizations supported MACCIH’s calls to reform the law.
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 activists, civil society organizations, and journalists who were critical of the government or opposition party policies.
The government did not restrict or disrupt access to the internet or censor online content, but there were credible reports that the government monitored private online communications. According to the International Telecommunication Union, in 2017 approximately 32 percent of the population used the internet.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
FREEDOM OF PEACEFUL ASSEMBLY
The law provides for freedom of peaceful assembly, and the government generally respected this right. The law requires a judge to issue an eviction order for individuals occupying public and private property if security forces had not evicted the individuals within a specified period of the occupation. Some local and international civil society organizations, including students, agricultural workers groups, political parties, and indigenous rights groups, alleged that members of the security forces used excessive force to break up demonstrations. The IACHR reported that the government at times used a policy of arbitrary detentions or arrests to inhibit protest.
Law enforcement evictions of protesters, land rights activists, and others were generally conducted peacefully, although injuries to both protesters and law enforcement officers were occasionally reported. The NGO Peace Brigades International reported several instances of threats and intimidation by security forces, including a heavy military presence in disputed areas. Conversely, media sources reported in October that two soldiers were ambushed and killed near Tocoa, Colon, as they sought peacefully to remove protesters from blocking a road. No suspects were arrested, and it is unclear if the shooters were related to the protesters or linked with illicit groups.
FREEDOM OF ASSOCIATION
The law provides for freedom of association, and the government generally respected this right. The law prohibits illicit association, defined as gatherings by persons bearing arms, explosive devices, or dangerous objects with the purpose of committing a crime, and prescribes prison terms of two to four years and a fine of 30,000 to 60,000 lempiras ($1,250 to $2,500) for anyone who convokes or directs an illicit meeting or demonstration. There were no reports of such cases during the year, although authorities charged some protesters with sedition. Public-sector unions expressed concern over some officials refusing to honor bargaining agreements and firing union leaders. The law prohibits police from unionizing (see section 7.a.).
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
Abuse of Migrants, Refugees, and Stateless Persons: Transiting migrants were vulnerable to abuse by criminal organizations.
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.
INTERNALLY DISPLACED PERSONS (IDPS)
In 2017 the Internal Displacement Monitoring Center estimated there were approximately 190,000 IDPs in the country. In 2017 the National Human Rights Commission identified 339 cases of forced displacement and 349 cases of individuals at risk of forced displacement. Internal displacement was generally caused by violence, national and transnational gang activity, and human trafficking. Official data on forced internal displacement was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children).
The government maintained the Interinstitutional Commission for the Protection of People Displaced by Violence, and within the newly created Ministry of Human Rights, the government created the Directorate for the Protection of Persons Internally Displaced by Violence. Both the ministry and the commission focused on developing policies to address IDPs. Following up on the Comprehensive Refugee Response Framework conference that the government hosted in October 2017, the participants, including governments from across the region, agreed to the Regional Integral Framework for Protection and Solutions. Under the framework the government pledged to strengthen its capacity to provide services to key population groups, including refugees and returned migrants, through 14 commitments and 28 specific actions between 2018 and 2020.
PROTECTION OF REFUGEES
The government cooperated with UNHCR and other humanitarian organizations to provide protection and assistance to refugees and other persons of concern.
Access to Asylum: The law allows for the granting of asylum or refugee status. The government has established a system to provide protection to refugees, but at times there were significant delays in processing provisional permits for asylum applicants.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes all forms of rape of men or women, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.
The law provides penalties of up to four years in prison for domestic violence; however, if a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the only legal penalty for a first offense is a sentence of one to three months of community service. Female victims of domestic violence are entitled to certain protective measures. Abusers caught in the act may be detained for up to 24 hours as a preventive measure. The law provides a maximum sentence of three years in prison for disobeying a restraining order connected with the crime of intrafamilial violence.
In cooperation with the UN Development Program, the government operated consolidated reporting centers in Tegucigalpa and San Pedro Sula where women could report crimes, seek medical and psychological attention, and receive other services. These reporting centers were in addition to the 298 government-operated women’s offices–one in each municipality–that provided a wide array of services to women, focusing on education, personal finance, health, social and political participation, environmental stewardship, and prevention of gender-based violence.
Sexual Harassment: The law criminalizes various forms of sexual harassment. Violators face penalties of one to three years in prison and possible suspension of their professional licenses, but the government did not effectively enforce the law.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Although the law accords women and men the same legal rights and status, including property rights in divorce cases, many women did not fully enjoy such rights. Most women in the workforce engaged in lower-status and lower-paying informal occupations, such as domestic service, without the benefit of legal protections. By law women have equal access to educational opportunities.
Birth Registration: Children derive citizenship by birth in the country, from the citizenship of their parents, or by naturalization.
Child Abuse: Child abuse remained a serious problem. The law establishes prison sentences of up to three years for child abuse. The Violence Observatory reported the homicides of 119 children as of July 1.
Early and Forced Marriage: The minimum legal age of marriage for both boys and girls is 18 with parental consent. According to UNICEF, 8 percent of children were married before age 15 and 34 percent before age 18.
Sexual Exploitation of Children: The commercial sexual exploitation of children, especially in sex trafficking, continued to be a problem. The country was a destination for child sex tourism. The legal age of consent is 18. There is no statutory rape law, but the penalty for rape of a minor younger than age 12 is 15 to 20 years in prison, or nine to 13 years in prison if the victim is age 13 or older. Penalties for facilitating child sex trafficking are 10 to 15 years in prison, with fines ranging from one million to 2.5 million lempiras ($41,700 to $104,000). The law prohibits the use of children younger than age 18 for exhibitions or performances of a sexual nature or in the production of pornography.
Displaced Children: Many children lived on the streets. Casa Alianza estimated 15,000 children were homeless and living on the streets, primarily in major cities. Civil society organizations reported that common causes of forced displacement for youth included death threats for failure to pay extortion, attempted recruitment by gangs, witnessing criminal activity by gangs or organized crime, domestic violence, attempted kidnappings, family members’ involvement in drug dealing, victimization by traffickers, discrimination based on sexual orientation, sexual harassment, and discrimination for having a chronic illness.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community numbered more than 250 members. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The Public Ministry is responsible for prosecuting violations. The law requires that persons with disabilities have access to buildings, but few buildings were accessible, and the national government did not effectively implement laws or programs to provide such access.
The government has an Office for People with Disabilities located within the Ministry of Development and Social Inclusion, but its ability to provide services to persons with disabilities was limited.
In the 2013 census, approximately 8.5 percent of the population identified themselves as members of indigenous communities, but other estimates were higher. Indigenous groups included the Miskito, Tawahkas, Pech, Tolupans, Lencas, Maya-Chortis, Nahual, Bay Islanders, and Garifunas. They had limited representation in the national government and consequently little direct input into decisions affecting their lands, cultures, traditions, and the allocation of natural resources.
Indigenous communities continued to report threats and acts of violence against them and against community and environmental activists. Violence was often rooted in a broader context of conflict over land and natural resources, extensive corruption, lack of transparency and community consultation, other criminal activity, and limited state ability to protect the rights of vulnerable communities.
Persons from indigenous and Afro-descendent communities continued to experience discrimination in employment, education, housing, and health services. An IACHR report noted that there were insufficient hospital beds and inadequate supplies at the only hospital that services the Gracias a Dios Department, home to the majority of the Miskito community.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law states that sexual orientation and gender identity characteristics merit special protection from discrimination and includes these characteristics in a hate crimes amendment to the penal code. Nevertheless, social discrimination against LGBTI persons persisted. LGBTI human rights NGOs alleged that the PMOP and other elements of the security forces harassed and abused LGBTI persons. One international NGO reported that five members of the PMOP in uniform allegedly assaulted and raped a gay man on July 16 in Tegucigalpa. The victim submitted to a medical examination with the Public Ministry’s Forensic Medicine Unit, filed a complaint with the HNP’s Criminal Investigation Unit, and temporarily left the country.
LGBTI rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. The Association for a Better Life, an NGO that works with LGBTI persons, reported an incident of discrimination at San Felipe Hospital in Tegucigalpa where a physician asserted that the victim’s sexual orientation caused him to contract the human papillomavirus and colon cancer. LGBTI groups continued working with the Violent Crimes Task Force, Ministry of Security, and Office of the Special Prosecutor for Human Rights to address concerns about intimidation, fear of reprisals, and police corruption.
Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, substantially increasing their risk of violence. Transgender individuals noted their inability to update identity documents to reflect their gender identity.
HIV and AIDS Social Stigma
Access to employment, educational opportunities, and health services continued to be major challenges for persons with HIV/AIDS. The law provides persons with HIV the right to have access to, and remain in, employment and the education system. The law also defines administrative, civil, and criminal liability and penalties for any violation of the law, which includes denial or delay in care for persons with HIV.