Read Human Rights Defenders. Furthering the Realization of All Human Rights.
Furthering the realization of all human rights
Serious human rights situation in Honduras reported to the EU
The speakers' delegation pays a visit to Brussels to share the recent report by the UPR Platform (Plataforma EPU), presented last week at the United Nations headquarters in Geneva, during the 58th session of the Committee on Economic, Social and Cultural Rights. With no very encouraging findings, the report uncovers the situation human rights defenders face for protecting environmental rights and natural resources. As a result of their work and commitment, human rights defenders are subjected to acts of violence, harassment, death threats and assassinations.
The best known case internationally is that of activist Berta Cáceres. Nevertheless, José Gaspar Sánchez, a member of the Civic Council of Popular and Indigenous Organizations of Honduras, (Consejo Cívico de Organizaciones Populares e Indígenas de Honduras – COPINH), and a member of the Honduran delegation on the current speaking tour, states that “many human rights defenders in the country have lost their lives defending nature, our common heritage, and most of these killings have been carried out by the police and military” thereby directly pointing to the responsibility of the authorities in these events.
Moreover, Gaspar Sanchez adds that “we members of COPINH continue to be kept under permanent siege by the company Desarrollos Energéticos SA (DESA), and repressive state forces. Both the military and employees of this company have been accused of killing Berta”.
Another defender and member of the tour, Irma Lemus, from the Permanent Human Rights Observatory of Aguán (Observatorio Permanente de Derechos Humanos del Aguán – OPDHA), adds to these allegations by stating that “in Bajo Aguán, those of us who defend our natural resources have been the victims of permanent harassment from justice officials, the very people who should be ensuring that our human rights are respected. I myself suffered a criminalisation process that lasted almost two years. I am only free from this now because the State failed to present any evidence against me”.
For his part, Marlon Ochoa, Executive Director of FIAN Honduras, reports that this violence is a direct consequence of the dominant model for economic growth, which is supported and sustained by states despite the negative impacts this has on rights and peoples: “The Honduran government actively promotes a development model that violates the economic, social and cultural rights of Honduran communities, particularly those living in rural areas, including indigenous and small farming communities”, he concludes.
The speakers’ visit to the capital of Europe has been supported by the European organizations ACT Alliance EU, CIFCA, FIAN International and Grupo Sur. The Brussels-based organizations recall that some projects in Honduras have investment from European companies or development banks. They also express support to the request by the European Parliament to the European Commission in its recent resolution, urging that European aid does not encourage or allow projects that violate human rights and that free, prior and adequate consultation is carried out with indigenous communities, for all development projects that affect their natural resources.
You can find the report here (in Spanish only)
For more information, please contact morena[at]fian.org
Alternative report to the State report of Honduras for review by CESCR
It was prepared within the framework of the UPR Platform, which comprises 54 social movement, development and human rights organisations in Honduras.2 The report was drafted based on information from civil society and international and regional organisations and agencies – including various mechanisms and agencies of the United Nations and the Inter-American Human Rights System – as well as on official information from the State of Honduras.
The drafting process included a review of the State report, as well as previous recommendations from the Committee on Economic, Social and Cultural Rights (CESCR) during the first cycle on Honduras in 2001, and from other United Nations treaty bodies.
You can download the report here (in Spanish only, executive summary coming soon).
Honduran State policies erode economic, cultural and social rights
Ahead of the 58th session of the Committee on Economic, Social and Cultural Rights (CESCR) kicking off today, the UPR Platform (Plataforma EPU in Spanish), has presented an alternative report to the State report of Honduras for review by the Committee. The findings point to existing economic policy and extractive development models that hinder the enjoyment of human rights, including the right to food and nutrition; appalling criminalization of human rights defenders; as well as inequality and violence vis-à-vis women and girls. All this happens within a context of extreme poverty and imbalanced wealth distribution that leads many to go malnourished.
According to the alternative report, projects are awarded without prior, free and informed consent of affected communities, including on indigenous and ancestral territories, in contravention of the International Labor Organization (ILO) Convention 169. According to the report numerous concessions have been granted to hydroelectric and mining projects in areas which indigenous peoples consider sacred or vital to ensure the subsistence of local communities.
Peasant communities suffer a similar fate, increasingly facing forced evictions. The agrarian conflict of Bajo Aguán exemplifies this situation: For more than a decade, various peasant communities have been struggling to access and recover lands irregularly acquired by landowners. Such trends show a development model that hinders the enjoyment of human rights. These also demonstrate the violence, intimidation and criminalization that human rights defenders are likely to face.
As a matter of fact, those who defend the environment, land and food and nutrition rights are often criminalized and harassed. This was illustrated with the recent murder of Berta Cáceres, a recognized Lenca indigenous leader, defender of human rights and general coordinator of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH), on March 2 this year. Unfortunately, this is not an isolated case given that Honduras is one of the most dangerous places in the world for human rights defenders. “This demonstrates that the mechanisms available in Honduras for their protection do not suffice. The overwhelming majority of the cases go unpunished,” the report reads.
Inequality vis-à-vis and violence against women is systematic and structural, preventing them from exercising their civil, political, economic, social and cultural rights and the enjoyment of a life of dignity. “The climate of fear in both the public and private sphere, and the lack of accountability for human rights violations against women is the rule, not the exception,” the report states.
And all this evolves against a backdrop of extremely high poverty levels and unequal wealth distribution, with a serious impact on the right to food and nutrition of Hondurans. It is estimated that 12.1% of the population are undernourished and 1.4%, 5%, 10% and 31% of children under five years old suffer from acute malnutrition, obesity, global malnutrition and stunting, respectively. This is particularly felt by most marginalized groups, such as indigenous communities, where 95% of population under the age of 14 suffer from malnutrition.
You can download the report here.
In cooperation with other organizations, Peace Brigades International, International Platform against Impunity and FIAN International are organizing a round table on the implementation of measures and mechanisms for the protection of economic, social and cultural rights defenders in Honduras. The event will take place in Geneva on June 6 at 18:30. You can find more information here.
FIAN International will also organize an event entitled Who is accountable for hunger? on June 8 at 18:00, which will look into the realization of the right to food and nutrition in Burkina Faso, Honduras and Sweden. You can find more info here.
NOTES TO EDITORS
- The report was prepared within the framework of the UPR Platform, which comprises 54 social movements, development and human rights organizations in Honduras. FIAN Honduras, EMIH (Equipo de Monitoreo Independiente de Honduras), Foro de Mujeres por la Vida, Asociación LGTB Arcoiris de Honduras, and Movimiento Amplio por la Dignidad y la Justicia (MADJ) contributed with inputs on various rights.
- The UPR Platform was established in 2014 with the aim of articulating the advocacy work of civil society organizations of Honduras for the second UPR of the State of Honduras before the United Nations Humans Rights Council. Since this process, however, it has remained as a space for articulation.
A billion people need fully functioning IACHR
Last Monday, the Inter-American Commission on Human Rights (IACHR) broke the astonishing news about its financial crisis. The Commission announced that 40 percent of its personnel will not be renewed beyond July and that its 159th and 160th sessions will be suspended, unless it receives funds or the commitment for donations before June 15. Such drastic changes would have a serious impact on its ability to fulfill its mandate and carry out its basic functions, thereby risking the human rights protection of the billion people living in the Americas.
Reacting to the news, several NGOs from all over the world has issued an Open Letter whereby it appeals to all member states of the Organization of American States (OAS) to take the necessary measures to ensure the immediate and adequate funding of IACHR.
FIAN International recalls that the Inter-American Human Rights system is the result of people’s struggles in the Americas. They delegated their sovereignty to the States to create a system that ensures protection against abuse and injustice. Therefore, it is the obligation of OAS member states to ensure sustainable financial fund for the Commission to remain fully operational as last resort against violations of fundamental rights in the continent and an international reference for its great efforts in protecting thousands of affected people and communities.
You can read the Open Letter here.
The IACHR should support the investigation
Despite the efforts of Honduran and international civil society groups for a professional and independent investigation, the responses of the State of Honduras have not been satisfactory so far. In alignment with the family of Berta Caceres and the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH), organizations and social movements point to the IACHR as “the suitable proposal to provide international support to the investigation.
Following the statement by OAS Secretary General Luis Almagro on April 8, civil society issues an open letter calling on the OAS to reiterate its support for the participation of the Inter-American Commission in the investigation. On this note, the OAS Secretary General could use “his good offices before the Honduran authorities to listen to the requests of Berta’s family and the COPINH”, towards “the establishment of an independent and interdisciplinary group of experts in the shortest possible time”.
For more information, you can read the letter here (in Spanish).
EU requested to take action on murder of Berta Caceres
Following some initial reactions after the murder of Berta Cáceres, civil society organizations from around the world have issued an open letter to Federica Mogherini, High Representative of the Union for Foreign Affairs and Security Policy, and Cecilia Malmström, European Commissioner for Trade. In the letter, the organizations request the EU to support an independent international investigation of Ms. Cáceres murder and to accompany and monitor the process in Honduras through the EU delegations and Embassies and Consulates of EU Member States, amongst other measures.
The letter also reflects concerns over the situation of Gustavo Castro Soto, wounded in the attack against Cáceres. A Mexican environmentalist, journalist and member of Otros Mundos Chiapas/Friends of the Earth-Mexico, Gustavo remains in Honduras, and many fear for his safety. Media reported this week that Nelson García, another member of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) , the organization formerly led by Berta Cáceres, was also killed during an eviction on 15 March in Río Chiquito after being hit by four shots.
You can read the open letter to the European Union (only in English) here.
For more information on the murder of Nelson García, please click here.
Civil society condemns murder of Berta Cáceres
Berta Caceres, Lenca indigenous leader and coordinator of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) was murdered yesterday at her residence in La Esperanza, Intibucá, Honduras. While expressing its deepest condolences to her family, civil society urges the Honduran authorities to invest all necessary resources to investigate, prosecute, punish those responsible and take appropriate remedy measures, including publicly dignifying the memory of Berta. The international community, the statement reads, should also “ take all necessary measures to ensure that the Honduran State fulfill its human rights obligations.”
Berta Cáceres lived defending the territorial and cultural rights of indigenous peoples, the Garifuna peoples and peasants. She was recognized nationally and internationally as a human rights defender, particularly the rights of women and indigenous peoples. In recent years, Berta was the victim of harassment, persecution, intimidation, stigmatization and discrimination both by State and non-State actors, because of her activities defending human rights of indigenous communities opposed to the hydroelectric and mining operations that have been imposed in their territories without their free, prior and informed consent.
Read the statement here.
For more information please contact morena[at]fian.org
Keeping up the fight against the corporate snowball effect
Termed as “corporate capture”, the influence of transnational corporations (TNCs) and other business enterprises on public policy decision and implementation has been a major hotspot for civil society over the last few years. Like the proverbial snowball effect, the leverage of businesses has exponentially expanded in the blink of an eye, subtly and effectively. As echoed by the Right to Food Journal, until just recently, its impact has been practically imperceptible to the wider public, and big business has made it to infiltrate the international, regional, national and local political arenas, including the United Nations. This combination has led to a world where human rights abuses and crimes prompted by corporate activities are increasingly worrisome.
Commenting on current trends, FIAN International’s Human Rights Director Rolf Künnemann says: “Human Rights Day gives us an opportunity to recall where obstacles to the realization of the right to food and nutrition lie. TNCs commit crimes with impunity, and by letting them have their way, States are violating human rights. Unfortunately, some States even collude with the ongoing corporate capture of international policy spaces.” Künnemann highlights that States do not sue TNCs in international cooperation, as there is no corporate criminal law and no cooperation between States to hold TNCs accountable. “This is why we need to keep up the fight against this trend by giving visibility to the views and experiences of civil society groups and social movements, in addition to monitoring the discussions within the UN Intergovernmental Working Group towards a treaty on TNCs and human rights” he adds.
From the political and legal perspectives, the Journal illustrates some of impact of corporate activities -like the upcoming setup of the so-called Charter Cities, and features current debates to stop the corporate snowball rolling -comprising discussions within the so-called Global Convergence of Land and Water Struggles. The publication also touches upon key developments throughout 2015, including the human rights status of Nepal in the aftermath of the earthquakes and its second Universal Periodic Review.
Read the Right to Food Journal 2015
For media enquiries, please contact delrey@fian.org
Right to food and access to land neglected at the second Honduras UPR
Sixty UN Member States raised their voice at the Human Rights Council giving 152 recommendations to the State of Honduras in its second Universal Periodic Review (UPR) on 8 May 2015. FIAN International salutes that key topics such as impunity, judicial impartiality, women’s and children’s rights were extensively addressed, but bemoans the lack of attention and recommendations on structural measures required for the realization of all dimensions of the right to food, including access to natural resources, and other related human rights. Honduras is one of the poorest countries in Latin America, with around 70% of the population living in multidimensional poverty. The situation is particularly acute in rural areas.
In its oral intervention kicking off the review, the Honduran State delegation listed a number of legislative and institutional measures adopted to advance human rights; however, there was little reference to their impact. State officials also stressed the importance given to access to land. In relation to the Bajo Aguán Valley, they underlined that “there have not been any casualties throughout 2014-2015”, and that Honduras is about to meet all the provisional and precautionary measures issued by the Inter-American Human Rights System. FIAN International notes, however, that the situation in Bajo Aguán has shown little or no change at its core, and a sustainable and fair solution to the problem of land tenure, consistent with the right to food and other human rights, has not been properly sought.
The effective investigation of and punishment for crimes and human rights violations perpetrated against peasants by State and non-State actors – including private security companies hired by land owners and agribusiness – remain a major challenge. Norway and Thailand made recommendations in this regard.
Commenting on the outcomes of the review, FIAN Honduras’ newly appointed Executive Director, Ana María Pineda Medina, stated: “On issues around land, as illustrated by the Bajo Aguán case, the Honduran government still responds with the militarization of conflicting areas, the implementation of arbitrary and violent evictions, and the criminalization of peasant leaders and human rights defenders. Permissiveness vis-à-vis private security companies involved in human rights violations is high. When it finally comes to the adjudication of disputed lands, these are frequently sold to peasant groups at speculative market prices. There is a gap between what is declared by the Honduras State, what is legislated and what is actually being applied. This also results in a lack of coherence of policies and practices with the effective realization of the human right to adequate food and nutrition.”
The State of Honduras declared that it has met 82% of the 129 recommendations made at the first UPR review in 2010, and that the remaining ones are in the process of compliance. However, human rights organizations from the so-called UPR Platform (‘Plataforma EPU’ in Spanish) underline that this is a self-assessment made by the State, which is far from the reality on the ground, and stress that the Honduran State report lacked “coherence and expression of an authentic commitment with human rights”.
FIAN International expresses once again its concern about declarations made by Honduran state officials to undermine the efforts of civil society around the UPR 2015.
For more information please read the communiqué by UPR Platform and the Draft report of the Working Group on the Universal Periodic Review on Honduras.