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Honduras

Executive Summary

Honduras is a constitutional, multiparty republic. The country last held national and local elections in November 2017. Voters elected Juan Orlando Hernandez of the National Party as president for a four-year term beginning in January 2018. International observers generally recognized the elections as free but disputed the fairness and transparency of the results.

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 a supporting role to 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 is an interagency command that coordinates the overlapping responsibilities of the national police, military police of public order, National Intelligence Directorate, and Public Ministry during interagency operations. Although the Interinstitutional Security Force reports to the National Security and Defense Council, it plays a coordinating role and did not exercise broad command and control functions over other security forces except during interagency operations involving those forces. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary arrest or detention; killings of and threats to media members by criminal elements; criminalization of libel, although no cases were reported; serious acts of corruption including by high level officials; lack of investigation of and accountability for violence against women; and threats and violence against indigenous, Afro-descendant communities, and lesbian, gay, bisexual, transgender, and intersex persons.

The government continued to prosecute some officials who committed abuses, but a weak judicial system and corruption were major obstacles to gaining convictions. The national curfew and shutdown of government offices in response to COVID-19 severely hampered government efforts to address abuses during most of the year.

Organized-crime 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 many of these crimes, particularly through the national police’s Violent Crimes Task Force.

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

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.

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 2. Respect for Civil Liberties, Including:

d. Freedom of Movement

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, severely limited the freedom of internal movement.

In-country Movement: Under the national curfew from March 16, the government limited freedom of movement by allowing individuals to move outside their homes one day every two weeks. Starting November 9, the government temporarily suspended the curfew to facilitate Tropical Depression Eta response efforts. Unrelated to the curfew, there were areas where authorities could not assure freedom of movement because of criminal activity and a lack of significant government presence.

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 6. Discrimination, Societal Abuses, and Trafficking in Persons

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 three to nine years’ imprisonment, and the courts enforced these penalties.

According to Autonomous University of Honduras Violence Observatory statistics, killings of women decreased under the national curfew in response to the COVID-19 pandemic. The Violence Observatory reported 55 killings of women from March 15 to June 6, compared with 102 for the same period in 2019. The Secretariat of Human Rights noted an exponential increase in gender-based violence and domestic violence during the national curfew. Statistics from the National Emergency System’s call center showed the country was on pace for more than 100,000 reports of domestic violence during the year.

The law criminalizes domestic violence and provides penalties of up to four years in prison for domestic violence. 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. Female victims of domestic violence are entitled to certain protective measures, such as removal of 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 intrafamilial violence.

The law was not effectively enforced, and weak public institutional structures contributed to the inadequate enforcement. With high rates of impunity, including 90 percent for killings of women in the last 15 years according to the Violence Observatory, civil society groups reported that women often did not report domestic violence, or withdrew the 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 judiciary, Public Ministry, National Police, and Secretariat of Health attempted to enhance their responses to domestic violence, but obstacles included insufficient political will, inadequate budgets, 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, 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.

Reproductive Rights: Generally, individuals have the right to decide freely the number, spacing, and timing of having children and to have access to the information and means to do so, free from discrimination, coercion, or violence. Contraception supplies continued to be limited by shortages and insufficient funding. NGOs continued to criticize the government prohibition on emergency contraception, including for survivors of sexual violence, although the government did provide victims of sexual violence access to other health care services. Women and girls may face criminal penalties after having miscarriages or abortions, and NGOs reported some women delayed or avoided seeking necessary medical care for fear of being arrested.

Although 74 percent of births were attended by skilled health care personnel, NGOs reported that there were significant gaps in obstetric care, especially in rural areas. The Guttmacher Institute reported 78 percent of women of reproductive age had their need for family planning satisfied with modern methods in 2019. The World Bank reported in 2018 that the adolescent birth rate was 72 births per 1,000 15-19-year-olds.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

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.

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