Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Honduras (Ratification: 1995)

Other comments on C169

Observation

Direct Request

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The Government indicates in its report that a technical working group has been established, consisting of representatives of the various government bodies, with a view to replying to the Committee’s comments. The Committee requests the Government, when preparing its next report, to consult the social partners and organizations of indigenous and Afro-Honduran peoples.

Article 1 of the Convention. Self-identification. The Committee notes the Government’s indication in its report that the National Plan of Action on Human Rights (2013) envisages that the National Statistical Institute will periodically produce basic statistics disaggregated by each indigenous and Afro-Honduran people. The Committee requests the Government to provide updated information on the measures that have been taken to continue promoting the self-identification of the peoples concerned.

Articles 2 and 33. Coordinated and systematic action. With reference to the activities of government bodies involved in the administration of programmes for indigenous communities, the Committee notes the establishment of the Department of Indigenous and Afro-Honduran Peoples (DINAFROH) under the responsibility of the Secretariat of State for the Social Development and Inclusion Department (SEDIS). The Government indicates that the activities in which indigenous peoples have participated include the development of the Political Agenda for Indigenous and Afro-Honduran Women (2012–13) and the National Plan to Combat Racism and Racial Discrimination. The Government adds that recent administrative changes have prevented progress in the implementation of the Strategic Plan for the Comprehensive Development and Identity of Indigenous and Afro-Honduran Peoples (2011–22). The Committee notes the meeting of government institutions held in July 2015 to discuss the preliminary draft Bill for the comprehensive development of indigenous and Afro-Honduran peoples in Honduras, the background note for which is among the attachments to the Government’s report. The Committee requests the Government to continue providing information on the activities of the DINAFROH in which the peoples concerned participated. The Committee requests the Government to provide updated information on the implementation of the Strategic Plan for the Comprehensive Development and Identity of Indigenous and Afro-Honduran Peoples (2011–22) and on the action taken on the preliminary draft bill for the comprehensive development of indigenous and Afro-Honduran peoples in Honduras, and particularly on the consultations held with the peoples concerned and the social partners on this subject.

Articles 8 and 9. Customary laws. The Committee notes the indication in the Capacity-building Programme for Access to Justice that some indigenous peoples, including the Misquito, have their own systems of administration of justice. The Committee requests the Government to provide copies of court rulings which have taken into account the customs or customary laws of indigenous and Afro-Honduran peoples.

Article 20. Conditions of employment. With reference to the Committee’s request for information on conditions of work in the rural sector, the Government provides information on the implementation of pilot programmes to reinforce labour administration in the municipalities of La Esperanza and Intibucá. The Committee notes that the Political Agenda for Indigenous and Afro-Honduran Women 2012–13 refers to the existence of a gender gap in the form of a significant wage gap, which is most evident in the departments of La Paz and Intibucá during the coffee harvest. The Committee requests the Government to continue providing information on the measures taken to ensure adequate labour inspection in rural areas.

Articles 24 and 25. Social security and health. The Committee requests the Government to provide information on the coverage of the social security scheme. Please also indicate the health services that are available to indigenous and Afro-Honduran peoples, and the manner in which the cooperation of the peoples concerned has been ensured in the planning and administration of these health services.