Joint Open Letter to the EU: HONDURAS: Visit to Brussels of the Minister of Foreign Affairs of Honduras

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Ms Federica Mogherini

HighRepresentative of the Union for Foreign Affairs and Security Policy

Vice-Presidentof the European Commission

Ms Cecilia Malström

TradeCommissioner

Mr. Neven Mimica

InternationalCooperation and Development Commissioner

Ms Sofia Sakorafa

Memberof the European Parliament / Chair of the Delegation

forRelations with the Countries of Central America

Brussels,June 7, 2017

RE: Open letter on the visit of María Dolores Agüero, Minister of Foreign Affairs of Honduras

Dear HighRepresentative Mogherini,

DearCommissioners Mälstrom and Mimica,

DearMEP Sakorafa,

Ourorganisations have followed with concern the human rights situation in Hondurasand particularly the situation of human rights defenders (hereinafter “HRDs”) inthe country for several years. Ahead of the official visit of María DoloresAgüero, Minister of Foreign Affairs of Honduras to Brussels, we would like tourge you to take this occasion to lead the EU institutions and its memberstates in demonstrating a solid commitment to the promotion of human rights inHonduras.

Thepredicament of HRDs in Honduras received a great deal of internationalattention in 2016, following the murder of Berta Cáceres, an emblematic Lencaindigenous defender. This crime is just the tip of the iceberg; the high levelsof violence directed against HRDs in Honduras have made it one of the mostdangerous countries in the world for human rights defence as declared in August2016 by Mr. Michel Forst, UN Special Rapporteur on the Situation of HumanRights Defenders, and Mr. José de Jesús Orozco Henríquez, IACHR’s Rapporteur onthe Situation of Human Rights Defenders[1].

Accordingto Global Witness report more than 120 people have died since 2010 for standingup to companies that grab land and harm the environment[2].According to the Observatory for the Protection of Human Rights Defenders (anOMCT-FIDH partnership) since 2001, 17 defenders who were beneficiaries of Inter-AmericanCommission on Human Rights (IACHR) precautionary measures have been murdered -an average of one per year[3].. Moreover,between May 2015 and December 2016 at least 16 killings of human rightsdefenders have been registered - almost one per month[4]. Thesefigures clearly demonstrate that the situation is becoming more acute.

Attacksagainst HRDs tend to go unpunished, largely due to inefficiencies in theadministration of justice aswell as a number of other structural factors, such as the militarisation of theState, the lack of a truly independent judiciary, systematic stigmatisation ofdefenders and institutional failings on the part of the State with respect tohuman rights. Many of these cases were preceded by public stigmatization ofthose who defended and promoted human rights, particularly when members ofeconomic or political power where involved or potentially affected. Initiativesof the authorities such as the Law for the Protection of Human RightsDefenders, Journalists, Social Communicators and Justice Practitioners arepositive steps, but are not enough to tackle the current situation.

Taking into account that land and environmentalhuman rights defenders are the most vulnerable group in the Honduran context itis important to recall the recent recommendation by the UN Special Rapporteuron the rights of indigenous peoples during her visit to Honduras urgingthe government to increase its dialogue with Indigenous and Afro-Hondurancommunities before a bill on prior, free an informed consent is voted on, asmany communities feel that they have been left off the process.

OnFebruary 21st, the Congress of Honduras adopted a reform overarticle 335 of the penal code, which typifies the criminal offence of terrorism.On February 22nd, in the same law, it was added and approved article335 B which typified the criminal offence of apology and incitation ofterrorism acts. In this context, on February 2017, the IACHR, and the Office ofthe United Nations High Commissioner for Human Rights (UNHCHR) inHonduras expressed their concerns over the adopted reforms in the Honduranpenal code, which may lead to a negative impact in the legitimate exercise andenjoyment of the guarantees and fundamental rights, the protection andpromotion of freedom of expression in the country[5].

The EUhas in the recent past played an active role, including at the highest level ofthe EU institutions, in thedenunciation of the situation of human rights defenders in Honduras includingthrough the European Parliament Resolution adopted in April 2016. Severalmembers of the European Parliament recently took a clear stand on theinvestigation of the assassination of Berta Caceres as well as well asdenounced the general human rights situation in the country througha video produced by various civil society organisations[6].

In thecontext of the visit of the Honduran Ministry of Foreign Affairs to Brussels,including bilateral meetings with the European Commission, the European ExternalAction Service (EEAS) and an extraordinary meeting of the Delegation withcountries of Central America (DCAM) in the European Parliament, it is essentialthat the EU institutions and its member states take the opportunity to renewits commitment with the human rights situation in Honduras by placing thismatter at the centre of the agenda. Therefore, the signatory organisations callon you to:

- Urge the Honduran authorities for immediate,independent and objective investigations on all attacks against HRDs in orderto bring their intellectual and material authors to justice. In particular, expressyour concern over the weaknesses and shortcomings in the investigation of theassassination of Berta Caceres including the refusal by the authorities toallow an international and independent body to support the investigation; aswell as support the results of the investigation led by InternationalExpert Advisory Panel (GAIPE).

- Urge the Honduran authorities to guarantee theeffective participation of civil society in the new reforms of criminal codeand the implementation of the Law for the Protection of Human rights Defenders,Journalists, Social Communicators and Justice Practitioners and to allocatesufficient resources for its implementation including the development ofcomprehensive measures that go beyond the policing approach. Develop acontingency plan that reinforces the protection of human rights defenders inthe context of the upcoming general elections in which it is likely thatattacks against them increase.

- Encourage the state of Honduras to adopt any effectivemeasure to prevent members of the armed forces and police to engage in criminalactivities and to support and investigation on the act of corruption linkedto concessions granting extractive projects by the Mission to Support the Fightagainst Corruption and Impunity in Honduras (MACCIH).

- Show the concern of the EU regarding the reform ofthe penal code in Honduras and urge the Honduran authorities to carry out, handin hand with civil society, a purging of the articles of the penal code that,due to their broadness or vagueness, can be manipulated and result in adisregard for the judicial and due process guarantees and/or thecriminalisation of human rights defenders.

- Encourage the implementation of the UN Special Rapporteuron Indigenous Rights recommendations, in particular regarding the adoption of alaw on free, prior, informed consent which has to be agreed with indigenous andAfro-American peoples.

- Continue monitoring the situation on human rightsand attacks to human rights defenders in Honduras and use all the instrumentsavailable at EU and EU Delegation levels to address these situations, inparticular through its political dialogue with the State of Honduras.

Signed by:

· ACT Alliance EU

· CIDSE

· CIFCA

· FIDH, within the framework of the Observatory forthe Protection of Human Rights Defenders

· Front Line Defenders

· GRUPO SUR

· Misereor

· Protection International

· World Organisation Against Torture (OMCT), withinthe framework of the Observatory for the Protection of Human Rights Defenders

[1] OHCHR Press release, 18/06/2016 Honduras, one of the most dangerous countries for human rights defenders– Experts warn - See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20397&LangID=E#sthash.Zt9hJILt.dpuf

[2] Global Witness, The deadliest country in the world forenvironmental activism.

[3] The Observatory for theProtection of Human Rights Defenders (OMCT-FIDH), “HONDURAS: Human rightsdefenders between a rock and a hard place”, Fact-Finding Mission Report publishedin December 2016. Available at: . http://www.omct.org/files/2016/12/24083/report_honduras_en_web2.pdf

[4] The Observatory for theProtection of Human Rights Defenders (OMCT-FIDH), “HONDURAS: Human rightsdefenders between a rock and a hard place”, Fact-Finding Mission Report publishedin December 2016. Available at: http://www.omct.org/files/2016/12/24083/report_honduras_en_web2.pdf

[5] JOINT PRESS RELEASE, http://www.oas.org/en/iachr/expression/showarticle.asp?artID=1054&lID=1

[6] Grupo Sur, ParlamentoEuropeo apoya peticiones COPINH – Honduras, Mayo 2017. http://www.gruposur.org/parlamento-europeo-apoya-peticiones-copinh-honduras/