Original: Spanish inter-american commission on human rights



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Protection mechanisms


  1. As regards the protection of human rights defenders, justice operators, journalists, among others, the IACHR took note of the information provided by the State authorities regarding the implementation of the protection program currently implemented and the efforts to modernize it, to make it more effective. It also takes note that the persons who work in these activities still confront situations of grave risk. The Commission, meanwhile, has granted precautionary measures to protect various human rights defenders, journalists, among other persons, against alleged situations of gravity and urgency and need to avoid irreparable harm. Such situations have been related to serious threats, intimidation, attacks and, in some cases, the murder of people. The Secretariat of Security is responsible for implementing, monitoring and follow up on compliance with the precautionary measures and investigating the causes for which protective measures were requested. The State indicated to the IACHR that 219 security measures have been granted at the request of the National System of Protection of Human Rights.517 There are also 34 active precautionary measures, of these, 9 are collective measures, 5 determined and 4 non determinate; with a total of 365 beneficiaries. There are also 3 provisional measures granted by the Inter-American Court.518




  1. Under the monitoring of the precautionary measures granted, the Commission has found serious deficiencies in the response provided by the State—despite the State’s efforts, which the IACHR has been able to observe in various working meetings that have been held. In the frame of the various meetings held with civil society, including beneficiaries of precautionary and provisional measures of the Inter-American system, the Commission received information on continuing shortcomings in implementing the program. In particular, it was noted that: there are no clear procedures on the catalog of available protective measures, and on the monitoring systems of the measures implemented; differential approaches in the risk analysis and allocation of protective measures are not applied; and there is a lack of funds for the implementation of physical protective measures. Several witnesses claimed that the feeling of insecurity among the beneficiaries of the program persist, despite joining it and that many times the adoption or order of a measure is not reflected in an efficient and effective implementation. In this regard, the Commission considers of utmost importance that the State reinforce all necessary actions to implement effectively its protection system. In particular, it is essential to have sufficient trained and skilled human resources to respond to requests for protection, assess the level of risk, adopt and implement protection measures and monitor the measures in force.

19.Law on the Protection of Human Rights Defenders, Journalists, Media Workers, and Justice Operators


  1. The IACHR welcomes the adoption of the Law on the Protection of Human Rights Defenders, Journalists, Media Workers, and Justice Operators, unanimously approved by the National Congress on April 15, 2015 in the third and final debate.519 According to information provided by the State in its response to the draft of this report, the protection mechanism’s sustainability has been ensured with the allocation of 10 million Lempiras.520




  1. The approved text of the law provides for the creation of the "National Council for the Protection of Human Rights Defenders"521 which is the consultative and advisory body of the System whose powers are reflected in Article 24 of the Law. Additionally, it creates a General Directorate of the Protection Mechanisms, which will be part of the structure of the Secretariat of Human Rights, Justice, Interior and Decentralization, constituting the executive body of the National System of Protection for Human Rights Defenders522. Among its functions is that of: receiving all requests for protection and to address them; develop operating protocols required for the effective implementation of the Law; and request and follow-up on a regular basis on provisional measures from the Inter-American Court of Human Rights, precautionary measures from Inter-American Commission on Human Rights and the corresponding security measures adopted by the courts of the State. The Law also provides for the creation of a Technical Committee of the Protection Mechanism, responsible for conducting the risk analysis, deliberation and decision on requests for protection submitted to the Directorate General.523 Additionally, Title IV of the Law provides the provisions concerning the technical and financial assistance and its transitional provisions contemplate that within three months of the entry into force of the Law, the regulations and respective protocols to implement the law shall be issued.




  1. The IACHR received information indicating that several civil society organizations have positively assessed the initiative of Congress, nevertheless expressed some concerns about the final text of the law, among which are: (i) the National System of Protection of Human Rights Defenders would not have the necessary characteristics of functional autonomy; (ii) the incorporation of the Secretariat of Defense in the National Council for the Protection of Human Rights Defenders would not be appropriate for securing the safety of beneficiary groups and could jeopardize the trust of users in the mechanism; and (iii) reducing the number of representatives of the civil society in the National Council for the Protection of Human Rights Defenders would affect the participation of beneficiary groups in the mechanism.524




  1. The State, in its response to the draft of this report, indicated that under the Law on the Protection of Human Rights Defenders, Journalists, Media Workers, and Justice Operators, “the State recognizes the right of every person, individually or collectively, to defend, seek, promote, protect, and realize human rights, as well as the obligation of the State to respect rights defenders’ human rights and reasonably prevent threats, harassment, and attacks that may be carried out against them, regardless of whether these come from State institutions or private parties.”525 It also noted that with the approval of this law, the National System of Protection was created, which lays the groundwork for coordination among sectors for the enforcement of the law. The State also indicated that on August 3, 2015, organizations of human rights defenders held a public assembly and elected their representatives to the National Council for Protection. The State reported that this council was formally installed and sworn in by the Secretary Coordinator General of Government on December 10, 2015.526




  1. In addition, in its response to the draft of this report, the State indicated that the process of developing regulations to this law is underway.527 The State indicated that the regulation development process, which is participatory and includes the sectors protected by the law, will be supported by Freedom House, a leader on this issue and a driver behind the “National Mechanism of Mexico.”528




  1. The State also made reference to four cases of human rights defenders—without mentioning which ones—who have accepted the protection mechanism as the legal avenue for the implementation of any relevant actions established in the law.529 The State, in its response to the draft of this report, also indicated that as a reflection of its commitment to this issue, on September 22, 2015, Honduras joined a group of countries at the United Nations Human rights Council in supporting a joint declaration to condemn any type of acts of intimidation or reprisals against human rights defenders.530




  1. The adoption of specialized protection mechanisms is a significant step forward in implementing its recommendations. In this regard, the IACHR stated that the proper implementation of these mechanisms may facilitate the State to fulfill its obligation of protection by allowing closer and concrete knowledge of the particular situation of human rights defenders at risk, and consequently to provide timely intervention, specialized and proportionate to the risks that the defender might face.531




  1. In turn, the IACHR recalls that for a protection program to be effective, it requires to be backed by a strong political commitment of the State and have sufficient trained and skilled human resources to receive requests for protection, assess the level of risk, adopt and implement protection measures and monitor the measures in force.532 It is worth noting that following the decision of the Inter-American Court in case Antonio Luna Lopez vs. Honduras, the State will implement within a reasonable time a comprehensive public policy to protect human rights defenders.533

20.Trainings


  1. The State has provided information on human rights trainings in various areas. Regarding human rights education, it indicated that between 2011-2014 it has provided training to 8,694 public officials in 30 institutions of central and decentralized government. Also, 572 officers of the Penitentiary Police and 1,136 officers of the Law Enforcement Military Police were trained in human rights and eradication of torture, cruel, inhuman and degrading treatment, and on the use of force and firearms; 138 Municipal police officials were trained in national and international regulatory framework for juvenile offenders of the law; 1,068 people deprived of their liberty were informed of their rights; 331 students of schools and colleges began their training process as promoters of human rights and a culture of peace; and 316 teachers began the process of training in human rights. According to the State, the Secretariat of Human Rights, Justice, Interior, and Decentralization and the Secretariat of Education signed an agreement with the purpose of promoting the training of young students as promoters of human rights and culture of peace.534




  1. It also indicated that in 2014, 113 municipal technicians from 32 municipalities in five departments (Francisco Morazan, Cortes, Atlantida, Copan and Comayagua) were trained in the Public Policy and National Plan of Action on Human Rights and the Manual for the Mainstreaming with a Human Rights Based Approach Municipal Plans and Budgets. The Public Policy and National Plan of Action on Human Rights has been socialized in 5 Regions (Valle de Olancho, 12 Centro, Cordillera Nombre de Dios, Sula Valley and Valle del Aguán) and attended by 200 people including from the following sectors: Boards, Water Boards, Departmental Directorate of Education, Municipal Commissioner, Police Court, CONADEH Regional Commissioner, Public Defense, Regional Health centers and the Academia.535




  1. On the other hand, the Registration and Monitoring Unit attached to the Secretariat of Human Rights, Justice, Interior, and Decentralization has been modernized to make more transparent the processes for registration and monitoring of such organizations. Compared to 2013, the process of registration and monitoring of NGOs has been streamlined by 70%.536 In its response to the draft of this report, the State indicated that the Unit for the Registration and Monitoring of Civil Associations (URSAC) keeps the registry of civil associations whose legal status as an organization is granted or cancelled by the President of the Republic himself or herself or through the Secretariat of Human Rights. As of June 2015, 2,706 associations and 122 corporations were registered.537

CHAPTER 5


INEQUALITY,
SOCIAL EXCLUSION
AND DISCRIMINATION


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