DE FACTO GOVERNMENT VIOLATES HUMAN RIGHTS IN HONDURAS

International Mission for Observation of the Human Rights Situation in Honduras
Executive Summary of the Final Report
Translation by Lena Mortensen

August 7, 2009

Since the coup d'état of June 28, 2009, which drastically altered the country's constitutional order, the situation in Honduras has been one of grave violations of human rights and restrictions of democratic liberties. The difficulties and obstacles to accessing justice are evident and freedom of the press is being drastically limited. This report describes the results of the international observation Mission of human rights that was in Honduras from the 17 to the 26th of July.

Honduras is a country with a high incidence of violence and with grave antecedents relating to violations of the human rights of its population. However, the international Mission would like to clarify that the events described in this report are grave and systematic violations of human rights that are linked to the coup d'état. Some of these violations originate in the application of laws in open violation of international agreements for the protection of human rights, the militarization of security and state institutions, abuses on the part of security forces, and the lack of response from the protective mechanisms of the state.

One of the fundamental conclusions of the visit consists in determining to what extent Decree No. 11-2009 - which establishes restrictions on a wide range of fundamental rights including personal liberty, movement, and others- as well as its application, go against the corresponding international obligations of the State. The defects identified in Decree 11-2009 render illegitimate the measures that have been adopted on the basis of this decree– for example, the more than two thousand arbitrary detentions during curfew, and the restrictions on freedom of movement in the streets.
Another of the fundamental discoveries consists of establishing the lack of protection for numerous individuals affected by grave violations perpetrated against them. This situation arises from the inadequate response by the institutions that are responsible for monitoring the guarantee the fundamental rights of Hondurans. This is evidenced by the obvious lack of diligence of the Special Prosecutor for Human Rights, as well as in the ineffectiveness of the Supreme Court to decide the legality of the decree for the suspension of rights and other protections regarding the violations of fundamental rights occurring in relation to the coup, and the negligence of the National Commission for Human Rights to act according to its mandate.
We have ascertained serious limitations on the freedom of expression and harassment intended to restrict the circulation of information criticizing the de facto regime. As well, a portion of the mass media in the country displays a disrespectful attitude towards the diversity of ideas. On occasion, these media outlets have echoed positions that are openly repressive and incite violence against supporters of the deposed government. Along these lines we ascertained a polarization of society, incited by media outlets favorable to the coup, using elements of propaganda direct from the Cold War, with emphasis on linking social movements, as well as various members of the deposed government, to international terrorism or organized crime.

The Mission concludes that what is at stake is much more than a simple political struggle to reestablish legal order and permit a legitimate president to return to power. It consists of unresolved social conflict, part of which is shaped by an economic elite, allied with the Army, that usurped power antidemocratically, and diverse sectors that are calling for a new institutional and social order that would entail greater space for citizen participation. It is for this reason that repression is directed in particular against campesino leaders, environmentalists, indigenous people, women that mobilize for their rights, and against union leaders. The Mission moreover affirms an institutional malfunctioning, beginning with the absence of autonomous control over the powers that be, the excessive politicization of the Judiciary, the lack of even the most minimal of legal protection before the maximum authority of the State, the definition of ambiguous types of crimes such as "treason against the homeland" or the absence of penal sanctions in the case of deportation of Hondurans which is constitutionally prohibited; requiring profound changes in the structure of the State to assure that it prioritizes the general interest of the people, their collective well-being, full respect for human rights, and social peace.

In view of the electoral process that would lead towards the election of a new president in the month of November, and if current conditions are maintained, the Mission considers that the right to political participation is marred by the coup d'état. Therefore, is said process continues and is realized under the current de facto government, the result of said elections would be equally illegitimate, and should not be recognized by the international community, as has been established by the Organization of the American States (OAS).

During interviews with different State authorities the Mission has also warned that they could be constituting a crime of political persecution, by authority of the International Criminal Court, for the systematic repression unleashed against sympathizers of the government of the deposed President José Manuel Zelaya.

We wish to emphasize the outstanding role that numerous human rights defenders have played and are continuing to play in this situation, who despite adversity, lack of resources, and the risks to their personal integrity and their lives, have raised their voices to denounce the abuses, protect the victims, and defend the institution of democracy.

Finally, the Mission is baffled by the attitude of support for the coup d'état demonstrated by the highest ranks of the Honduran Catholic church and by representatives of various evangelical churches, as well as by their active involvement in organizing demonstrations of support for the de facto government.

RECOMMENDATIONS

I. To the International Community of States
1- Take all measures necessary to contribute to guaranteeing the enjoyment of human rights by the Honduran population;
2- Maintain a firm position condemning the coup d’état, demanding the restitution of President Zelaya, and the reestablishment of constitutional order;
3- Maintain the suspension of diplomatic relations with the de facto regime, as well as any economic support or financing directed towards the institutions of the State involved in the coup;
4- Refuse recognition of the results of elections called by the de facto government, as was also expressed by the Secretary General of the Organization of American States, in addition to refusing recognition of any decision adopted by said government;
Concerning bilateral relations with Honduras
5- The embassies present in the country should continue and reinforce the appropriate measures to contribute to the protection of human rights defenders, civil society activists, among others, by means of:
• Visits to the offices of the people and organizations at risk
• Constant invitations and exchanges with the same
• Logistic support that pertains to their security
• Implementation of an Alert and Emergency System immediately accessible to persons at risk
• In conjunction with international NGOs, open additional support to Honduran civil society, to reinforce their capacity to protect and monitor human rights. In particular, it is necessary to increase the human and financial resources so that they can tend to the needs within the country
6- International cooperation should maintain suspension of budgetary and programmatic support to State Institutions that have been involved in the coup d’état; maintain humanitarian aid, and maintain cooperation with the municipalities and with the organizations of Honduran civil society;
7- States should take action against those actors principally responsible for the coup-whether they be civilians, members of the military, or members of religious orders-such as the suspension of visas, prohibiting entry to third party states, and freezing overseas bank accounts.
Concerning relations between the European Union and Honduras
8- They should apply the following measures:
• The democratic clause as articulated in Article 1 of the Framework Accord of Cooperation between the European Union and Central America of 1993, that calls for the suspension of cooperation in the case of serious interruption of constitutional order
• Abstention of diplomatic relations at the level of vice-ministers of the illegitimate government, as well as with all of the diplomatic representatives of Honduras in the European Union that support the de facto government. Determine their immediate expulsion from European territory
• Suspension, in addition to that of budgetary support, of all of the programs directed towards the solvency of State institutions that have been involved in the coup d’état.
• Maintain the decision to suspend negotiations of the Accord of Association between the EU and Central America until constitutional order is restored in Honduras
• Suspension of Honduras from the General System of Preferences (GSP plus) of the European Union, in application of the 27 conventions on human rights, the environment, and democratic governance with which those States wishing to have duty-free access for their products to European territory must comply.
• Assist with the implementation of European Union guidelines for the protection of human rights defenders.
II. To the International Organizations
9- The Interamerican Commission for Human Rights should continue to monitor the human rights situation in Honduras and issue recommendations to protect the population in Honduras, in this sense we urge the following actions:
• Continue to execute cautionary measures to protect persons at risk
• Make a visit to the country at the earliest convenience and submit a report with the recommendations the ICHR finds advisable
10- The Security Council of the United Nations (UN) should denounce the coup d’état in Honduras, support the actions taken by the OAS, and additionally should take essential measures that will contribute to the reestablishment of constitutional order, which could include ordering economic sanctions and establishing a fixed time limit so that democratically elected authorities can be reestablished in their posts.
11- The UN should activate the appropriate mechanisms within their systems of protection of Human Rights to confront the human rights situation in Honduras, in particular they should consider the appropriateness of:
• Adopting a resolution at the level of the Human Rights Council
• Establishment of a permanent office for the High Commissioner of Human Rights in Honduras
• Make visits of verification by the relevant special rapporteurs concerning the freedom of expression, human rights defenders, and the independence of judges and lawyers, as well as by the Working Group on Arbitrary Detention, the Rapporteur on extrajudicial executions, and the Subcommittee on the Prevention of Torture
12- The International Criminal Court (ICC) should act preemptively. Accordingly, we solicit the General Prosecutor of the ICC to take immediate steps leading to a possible criminal investigation in accordance with Article 7, numeral h) of the Rome Statute, which outlines the standards for the crime of political persecution.
III. To the authorities and Honduran civil society

13- To the Special Proescutor for Human Rights to act with greater diligence in the defense of the human rights of the Honduran people and demand emergency cooperation from the international community in order to carry out the work of the office more effectively.

14-Ramón Custodio, National Human Rights Commissioner, should either resign, or the Congress should fire him and name a person to the post who has not been engaged with the coup d'état, and who enjoys recognition for their work in the defense of human rights

15- The relevant judicial authorities should declare Decree No. 11-2009 unconstitutional

16- The authorities responsible for criminally and disciplinarily investigating those violations of human rights either committed or promoted by the de facto government must comply with their constitutional and legal duty, and should they fail to do so, they themselves should be made to respond for the denial of justice

17- To the forces of honduran society opposing the coup d'état, and to President José Manuel Zelaya - that the resistance continues in a peaceful form

18- To the members of the Armed Forces and Police of Honduras - that they comply with their duty to defend the constitutional order, that they are clear that they have the right to not obey orders that entail violating human rights, and that they are personally responsible for the indiscriminate use and/or abuse of force.

19- To the political forces and to civil society in general – that you convene a national dialog that would contribute to a new institutional, economic and social order, and that would ensure social peace, the rule of law, and full and comprehensive respect for human rights.

The individuals who made up the mission represent the following human rights organizations and networks: International Human Rights Federation (FIDH), the Center for Justice and International Law (CEJIL), Copenhagen Initiative for Central America and Mexico (CIFCA), FIAN International, the Inter-American Platform for Human Rights, Democracy and Development (PIDHDD), the Consultancy for Human Rights and Displacement (CODHES-Colombia), Austria-Suedwind, Human Rights Institute of the Universidad Centroamericana Jose Simeon Cañas (IDHUCA -El Salvador), Association Pro-Human Rights in Peru (APRODEH), the Institute for Policy Studies on Latin America and Africa (IEPALA, Spain), Federation of Associations for the defense and promotion of Human Rights (Spain), National Coordinator for Human Rights of Peru, Servicio Paz y Justicia (SERPAJ-Uruguay), Solidarity World (Belgium), and IBIS (Denmark), Continental Social Alliance, Alternative Connections, and the Center for Tricontinental Studies (Louvaina – La Nueva).

Violations of Human Rights in Numbers

* Violation of the right to life corresponds solely to deceased persons
** The instances of threats against life are registered as violations of personal integrity