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 January 2018. International observers generally recognized the elections as free but disputed the fairness and transparency of the results.
Civilian authorities at times did not maintain effective control over the security forces.
Human rights issues included reports of arbitrary and unlawful killings; complaints of torture; 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; widespread government corruption; and threats and violence against indigenous, Afro-descendent communities and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.
The government took steps to prosecute and punish officials who committed abuses. Impunity existed in many cases, however, as evidenced by lengthy judicial processes, few convictions of perpetrators, and failures to prosecute intellectual authors of crimes.
Organized criminal elements, including local and transnational gangs and narcotics traffickers, were significant perpetrators of violent crimes and committed acts of homicide, extortion, kidnapping, torture, human trafficking, intimidation, and other threats and violence directed against human rights defenders, judicial authorities, lawyers, the business community, journalists, bloggers, women, and members of vulnerable populations.
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 abuse by members of the security forces on the streets and in detention centers. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) reported two complaints of torture or cruel, inhuman, or degrading treatment.
Prison and Detention Center Conditions
Prison conditions were harsh and sometimes life threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.
Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Ministry of Human Rights reported that, as of September 20, the total prison population was 20,506 in 27 prisons. According to the ministry, the system had designed capacity for approximately 10,600 inmates.
The National Prison Institute (INP) reported that as of September, 23 inmates had died in prison (16 from natural causes, four from violence, two from accidents, and one from suicide). The INP reported no deaths involving prison officials. CONAPREV registered 25 deaths through September and confirmed four inmates died from violence within the prison.
As of September the Ministry of Human Rights reported that the country’s three pretrial detention centers held 62 individuals. These three centers were on military installations and received some support services from the military, but the INP administered them. The government used pretrial detention centers to hold high-profile suspects and those in need of additional security. Pretrial detainees were often held with convicted prisoners.
There was pervasive gang-related violence, and the government failed to control criminal activity effectively within the prisons. Some prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, escapes were frequent, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots and violent confrontations between gang members in prisons throughout the year.
Through October 2018 the national prisons had approximately 1,160 female prisoners, 810 of whom the government detained at the National Women’s Social Adjustment penitentiary. Others were held in separate areas of men’s prisons. Children younger than age three could stay with their mothers in prison.
Authorities did not segregate those with tuberculosis or other infectious diseases from the general prison population; there was only limited support for persons with mental illnesses or disabilities. As of September officials reported that 151 prisoners were being treated for tuberculosis. Officials also stated that all penitentiary centers had an antiretroviral treatment program. CONAPREV reported that every prison had a functioning health clinic with at least one medical professional. Basic medical supplies and medicines, particularly antibiotics, were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.
Administration: As of September the INP reported no formal complaints for mistreatment of detainees, although CONAPREV alleged 39 possible cases of torture or cruel, inhuman, or degrading treatment. Authorities conducted no official investigations of mistreatment because they received no formal complaints. Media reports noted that family members often face long delays or are unable to visit detainees.
Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross. CONAPREV conducted seven visits to juvenile detention facilities as of the end of August. The judicial system was legally responsible for monitoring prison conditions and providing for the rights of prisoners.
Improvements: Through September the INP trained 435 technical, administrative, and security personnel working in 13 prisons on topics such as first aid and appropriate use of force.
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 CONAPREV registered two alleged cases of illegal entry by government officials.
Ethnic minority rights leaders, international NGOs, and farmworker organizations continued to claim that the government failed to redress actions taken by security forces, government agencies, and private individuals and businesses to dislodge farmers and indigenous persons from lands over which they claimed ownership based on land reform law or ancestral land titles (see section 6, Indigenous People).
Section 2. Respect for Civil Liberties, Including:
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 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 continued to lag and remained an area of concern, as well as the government’s ability to protect justice operators, such as prosecutors and judges.
Corruption: The Public Ministry’s anticorruption unit (UFECIC) made several announcements of case investigations, including against former first lady Rosa Elena Bonilla de Lobo, spouse of former president Porfirio Lobo; the “fe de erratas” case against two members of congress accused of altering legislation; and the “Network of Congresspersons” case, in which five officials were accused of diverting public funds. UFECIC announced a fourth case in June, named “Pandora,” in which 38 individuals, including a former secretary of agriculture and several members of congress, were accused of fraud, abuse of authority, misuse of public funds, and other corruption-related crimes.
On February 22, the CNA presented five of its highest-profile cases to the public, citing several public administration and elected officials, including a Supreme Court judge, a congressman, and former first lady Bonilla de Lobo. Following the announcement the CNA reported harassment campaigns and threats.
MACCIH, the CNA, and civil society organizations continued to press for the passage of legislation to combat corruption, but most legislative efforts stalled in congress.
Financial Disclosure: Public officials are subject to 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 disclosure law. The Public Ministry’s Campaign Financing Unit, created in June 2017, conducted audits of 397 candidates, focusing on those who won their bids for election. The unit reported that 76 percent of candidates for public office reported on all campaign expenditures and that four cases were referred to the Public Ministry for investigation.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations 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. Human rights organizations criticized government officials for lack of access and responsiveness.
The United Nations or Other International Bodies: Some civil society organizations criticized the government for failing to comply with, or inadequately complying with, rulings by the Inter-American Court of Human Rights and protection measures ordered by the court and the IACHR.
Government Human Rights Bodies: A semiautonomous commissioner for human rights served as an ombudsman and investigated complaints of human rights abuses. With offices throughout the country, the ombudsman received cases that otherwise may not have risen to national attention. An independent Ministry of Human Rights was established in January and, despite operational challenges from its recent inception, has 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. In March the Public Ministry also created the Special Prosecutor’s Office for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Officials. The Human Rights Committee is in the congress. The Ministries of Security and Defense both have human rights offices that investigated alleged human rights abuses and coordinated human rights-related activities with the Ministry of Human Rights.
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.