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Honduras

Executive Summary

Honduras is a constitutional, multiparty republic. The most recent national and local elections were held in November. Voters elected Xiomara Castro of the LIBRE Party as president for a four-year term scheduled to begin in January 2022. International observers generally recognized the elections as free and fair.

The Honduran National Police maintain internal security and report to the Secretariat of Security. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities in support of the national police and other civilian authorities. Some larger cities have police forces that operate independently of the national police and report to municipal authorities. The Military Police of Public Order report to military authorities but conduct operations sanctioned by civilian security officials as well as by military leaders. The National Interinstitutional Security Force coordinates the overlapping responsibilities of the national police, military police of public order, National Intelligence Directorate, and Public Ministry during interagency operations. Civilian authorities at times did not maintain effective control over security forces. There were credible reports that members of the security forces committed some abuses.

Significant human rights issues included credible reports of: unlawful or arbitrary killings, including extrajudicial killings; torture and cases of cruel, inhuman, or degrading treatment or punishment by government agents ; harsh and life-threatening prison conditions; arbitrary arrest or detention; serious restrictions on free expression and media, including threats to media members by criminal elements and the existence of criminal libel laws; serious government corruption; lack of investigation of and accountability for gender-based violence; and crimes involving violence or threats of violence against indigenous and Afro-descendant communities, and against lesbian, gay, bisexual, transgender, queer, and intersex persons.

The government prosecuted some officials who committed abuses, including government corruption, but a weak judicial system and corruption were major obstacles to obtaining convictions.

Organized criminal groups, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, torture, kidnapping, extortion, human trafficking, intimidation, and other threats and violence directed against human rights defenders, judicial authorities, lawyers, business community members, journalists, bloggers, women, and other vulnerable populations. The government investigated and prosecuted some of these crimes, but impunity was widespread.

Section 1. Respect for the Integrity of the Person

b. Disappearance

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

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 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, or they encounter a person in possession of evidence related to a crime. 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 21 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: CONADEH reported 38 reports of arbitrary arrest through August. The Public Ministry reported seven cases of alleged illegal detention or arbitrary arrest as of September.

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. Nonetheless, 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. As of September CONADEH had received 33 complaints.

Section 2. Respect for Civil Liberties

d. Freedom of Movement and the Right to Leave the Country

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The national curfew instituted in response to COVID-19, however, limited the freedom of internal movement and affected the freedom to leave the country, including for individuals at risk of or subject to persecution or torture. The government ended the curfew on October 1.

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.

e. Status and Treatment of Internally Displaced Persons

The Internal Displacement Monitoring Center estimated there were approximately 247,000 internally displaced persons (IDPs) due to violence in the country as of 2020. According to UN reports from 2020, transnational gang activity was a primary contributor to violence-related internal displacement. In addition the center estimated approximately 937,000 individuals were forcibly displaced by natural disasters during 2020. Official data on forced internal displacement, especially displacement due to violence, was limited in part because gangs controlled many of the neighborhoods that were sources of internal displacement (see section 6, Displaced Children). NGOs reported IDPs were at increased risk of victimization and exploitation by criminal groups, which was also often the cause of displacement.

The government maintained the Interinstitutional Commission for the Protection of Persons Displaced by Violence and created the Directorate for the Protection of Persons Internally Displaced by Violence within the Secretariat of Human Rights. The secretariat reported assisting 127 IDPs as of August. Both the secretariat and the commission focused on developing policies to address IDPs. Under the Comprehensive Regional Protection and Solutions Framework, with significant support from the Office of the UN High Commissioner for Refugees (UNHCR), the government continued to build capacity to provide services to vulnerable populations, including IDPs, those at risk of forced displacement, refugees, and returned migrants. Despite incremental progress, government capacities remained relatively nascent and limited.

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. A revision to the penal code that entered into force in June 2020 broadly reduces criminal penalties for corruption by officials. Inconsistent, retroactive implementation of provisions of the revised code led to logjams in the legal system and impunity for some of the accused. Backsliding occurred in cases brought during the four-year mandate of the OAS Mission to Support the Fight Against Corruption and Impunity in Honduras; several of its cases were dismissed or postponed as courts heard appeals based on the new code. The government took some steps to address corruption at high levels in government agencies, including arresting and charging senior officials on COVID-related procurement corruption. The government launched a new Ministry of Transparency in November 2020 to address some of these concerns. Anticorruption efforts remained an area of concern, as did the government’s ability to protect justice-sector officials, such as prosecutors and judges. Civil society continued to criticize the law for classification of documents related to security and national defense, saying it limited transparency and allowed officials to use the classification of documents to obscure wrongdoing.

Corruption: The new trial of former first lady Rosa Elena Bonilla de Lobo on charges of fraud and misappropriation of public funds, originally set to commence in March, was twice delayed for medical reasons. Periodic medical evaluations had not found Lobo healthy enough to proceed. Her most recent evaluation was in August, and the court declared her fit to stand trial in September. Her retrial was scheduled for February 2022.

Marco Bogran, former director of INVEST-H, the Honduran government entity tasked with providing coronavirus pandemic relief contracts to private firms, remained in pretrial detention awaiting his next court appearance, scheduled for January 31, 2022. Bogran was arrested in October 2020 on two corruption charges for embezzling an estimated 1.14 billion lempiras ($47 million) in public funds and funneling a contract for mobile hospitals to his uncle, Napoleon Corrales. He was arrested again in April for separate but related charges.

In January the government funded the opening of a UN Office of Drugs and Crime office to begin a government transparency project and support the drafting of the country’s first national anticorruption strategy.

Section 5. Governmental Posture Towards 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, Blanca Izaguirre, served as an ombudsperson and investigated complaints of human rights abuses. With offices throughout the country, the ombudsperson 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 of Defense both have human rights offices that coordinate human rights-related activities with the Secretariat of Human Rights.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes all forms of rape of women or men, 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 nine to 13 years’ imprisonment. The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement.

The law does not criminalize domestic violence but provides penalties of up to 12 years in prison for violence against a family member, depending on the severity of the assault and aggravating circumstances. If a victim’s physical injuries do not reach the severity required to categorize the violence as a criminal act, the legal penalty for a first offense is a sentence of one to three months of community service. Survivors of domestic violence are entitled to certain protective measures, such as removing the abuser from the home and prohibiting the abuser from visiting the victim’s work or other frequently visited places. 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 violence against a woman.

Civil society groups reported that women often did not report domestic violence or withdrew charges because they feared, or were economically dependent on, the aggressor. In addition women experienced delays in accessing justice due to police who failed to process complaints in a timely manner or judicial system officials who deferred scheduling hearings. Institutions such as the National Women’s Institute attempted to enhance the government’s response to domestic violence by opening three additional women’s centers in the country. These efforts were insufficient due to limited political will, inadequate staffing, limited or no services in rural areas, absence of or inadequate training and awareness of domestic violence among police and other authorities, and a pattern of male-dominant culture and norms.

In cooperation with the UN Development Program (UNDP), 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 sexual harassment, including in employment. 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.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Contraception supplies continued to be limited. The law prohibits the sale, distribution, and use of emergency contraception for any reason, including for survivors of sexual violence. The government provided victims of sexual violence access to other health-care services.

Although 74 percent of births were attended by skilled health care personnel, NGOs reported significant gaps in obstetric care, especially in rural areas. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 girls ages 15 to 19.

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 due to barriers in access to justice and lack of information regarding legal protections. 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.

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 government did not effectively implement laws or programs to provide such access.

Through August CONADEH received six reports of discrimination against individuals with disabilities. The Public Ministry received one report of discrimination based on an individual’s disability as of September. The incident allegedly occurred in a place of employment.

The government has an Office for Persons with Disabilities located within the Ministry of Development and Social Inclusion, but its ability to provide services to persons with disabilities was limited. Mental health professionals expressed concern regarding social stigma by families and communities against persons with mental disabilities and a lack of access to mental health care throughout the country.

According to government estimates, children with disabilities attended school at a lower rate than the general population. World Bank statistics from 2020 put net enrollment for primary school above 90 percent, but the National Center for Social Sector Information stated that 43 percent of persons with disabilities received no formal education.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The Cattrachas Lesbian Network reported 17 violent deaths of LGBTQI+ persons as of August. On March 28, transgender activist Vanessa Zuniga was killed in Tela, Atlantida Department. Vanessa worked as a volunteer in the Association for Prevention and Education in Health, Sexuality, AIDS, and Human Rights.

Same-sex sexual activity has been legal since 1899; however, same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. The law criminalizes discrimination based on sexual orientation and gender identity characteristics and includes crimes committed against individuals because of their sexual orientation or gender identity as aggravating circumstances to increase penalties for criminal offenses. Nevertheless, social discrimination against LGBTQI+ persons persisted, as did physical violence. Impunity for such crimes remained high, as was the impunity rate for all types of crime.

LGBTQI+ rights groups asserted that government agencies and private employers engaged in discriminatory hiring practices. Transgender women were particularly vulnerable to employment and education discrimination; many could find employment only as sex workers, increasing their vulnerability to violence and extortion. Transgender persons are prohibited from changing their legal gender status.

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