Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

1. The Committee notes the detailed first report supplied by the Government, including the attached documentation and statistical information provided, which arrived too late to be examined at the previous session. It notes that the information contained in the report refers to a number of commitments made by the Government in the areas covered by the Convention, largely in the form of Accords between the Government and the peoples concerned. It takes particular note of the devastation wrought upon large areas of the country, particularly those areas where indigenous and tribal peoples live. The Committee notes, however, that the report does not provide particulars on the present status of the commitments undertaken, nor does the report provide a clear picture of the application of the Convention in law or practice in a number of areas covered by the Convention.

2. Article 1 of the Convention. The Committee notes the Government's statement that the Convention covers those persons that are members of indigenous and tribal peoples, particularly those belonging to the Confederation of Autochthonous Peoples of Honduras (CONPAH). Please indicate whether and in what manner the Convention is applied to those indigenous and tribal peoples that are not affiliated with CONPAH, and how the self-identification criterion contained in Article 1(2) of the Convention is applied in practice. Please also supply copies of any judicial decrees or legislation relevant to the application of this Article.

3. Article 2. The Committee notes with interest the information contained in the Government's report on measures taken to implement the provisions of this Article, including the establishment of a bilateral commission composed of members of the Government and ethnic groups and the Accords of 19 April 1996 and 11 October 1996. The Accord of 19 April 1996 sets forth the Government's undertaking to carry out previous commitments it made in July 1994 and July 1995. Specific reference is made in this Accord to, among other things, work to be undertaken by the Inter-institutional Commission, composed of a number of governmental agencies. Reference is also made to a transportation project and certain programmes intended to benefit the Chorti tribes. The report does not indicate how the 1994-95 undertakings, carried forward into the Accord of 19 April 1996, have been applied. The 11 October 1996 Accord supplied by the Government also refers to a number of commitments, including a programme which was initiated on 16 October 1996 entailing the granting of land to Garifuna communities and a National Agrarian Institute (INA) programme to provide agrarian technical assistance to indigenous communities.

4. The Committee requests the Government to provide, in its next report, copies of all Accords it has entered into with or on behalf of Honduran indigenous and tribal peoples and their representative organizations since the date the Convention entered into force, and to indicate the current status of the commitments undertaken in those Accords. The Government is further requested to provide information on the status of any activities undertaken by the Government-Ethnic Groups Commission relevant to the Convention, particularly the status of the draft law implementing the Convention. Finally, the Committee would be grateful if the Government would provide practical examples of the manner in which the peoples concerned have participated in the development of the measures referred to in the Government's report and attached Accords.

5. The Committee notes that article 173 of the Honduran Constitution provides that "the State shall preserve and stimulate the native cultures, as well as all authentic expressions of national folklore, popular art and handicrafts". Please indicate the manner in which article 173 is implemented and enforced in practice, and provide practical examples of the application of this article.

6. With regard to Article 2(2)(c), the Government states that there are no socio-economic gaps or gaps of any other nature between the indigenous and tribal peoples of Honduras and the national citizenry. The Committee requests the Government to indicate the basis for its statements in this regard, and to state whether any studies have been done comparing the socio-economic status and/or income levels of indigenous peoples with the national average in Honduras.

7. Articles 3 and 4. The Government report states that the Accords mentioned above guarantee the improvement of education, health and the environment for indigenous and tribal peoples and guarantee their security. However, the Committee is aware of allegations that non-indigenous landowners have threatened the security of indigenous people occupying their ancestral lands. Please provide information on any special measures enacted to safeguard the persons, institutions, property, labour, cultures and environment of the peoples concerned and to indicate whether these measures have proven adequate to ensure the security of these peoples.

8. Article 6. The Committee notes the information provided by the Government regarding its consultations with the indigenous and tribal peoples through the establishment of bipartite committees, such as the Government-Ethnic Groups Commission. Please provide additional information on the consultation activities carried out by this Commission and any other bilateral committees, as well as on the extent to which the peoples concerned have participated in the decision-making process in areas relevant to the application of the Convention.

9. Article 7. The Committee notes with interest the information supplied by the Government regarding the Accords it has signed with the peoples concerned, undertaking to grant lands and provide agricultural technical assistance, construct and improve housing, clean up the environment, improve existing systems of health and education, and strengthen the security of the indigenous communities. Please provide particulars of measures taken for the development of the regions in question, indicating the status of their implementation following Hurricane Mitch, as well as the manner in which the participation of the peoples concerned in the formulation, implementation and evaluation of these measures is ensured. The Government is further requested to provide information on whether and what environmental impact studies have been done prior to carrying out land or forestry development projects affecting lands used or inhabited by indigenous and tribal peoples, and on any specific measures taken to protect and preserve the environment of these lands.

10. Articles 8 to 10. The Committee notes the Government's statement that it respects the rights of the peoples concerned and that its national legislation does not conflict with their customs. Please supply copies of any provisions that address the application of indigenous customs or customary laws as well as any information on the manner in which account is taken of these customs or customary laws in applying national laws and regulations.

11. Article 12. In its report, the Government states that the law and the public police force protect all citizens from violation of their rights, including the indigenous and tribal peoples. The Committee notes that there is a Public Prosecutor's Office for Ethnic Groups and a Public Defender's Office that provides pro bono legal services for those that cannot pay for their defence. The Government's report states that the peoples concerned may initiate whatever legal proceedings they deem appropriate and that they will be provided with the necessary interpreters, but that almost all of these peoples speak Spanish. The Committee requests the Government to supply information on the activities of the Public Prosecutor's and Public Defender's Offices with regard to the representation of individuals or organizations that are members of indigenous or tribal peoples.

12. The Committee notes that the Office has received communications alleging certain violations of the human rights of indigenous and tribal peoples in Honduras. The communications received include a 15 July 1997 letter from CONPAH, forwarded by the Office to the Honduran Minister of Labour by letter dated 20 August 1997, to which no reply was received. In view of the grave nature of the human rights violations alleged, the Committee asks the Government to supply information regarding any specific measures it has taken to guarantee the security of the peoples concerned.

13. Articles 13 and 14. In view of the Government's explanations of the principal types of landholding, the Committee asks the Government to provide additional information in its next report explaining the manner in which title to land is actually held by the indigenous and tribal peoples. The Committee also notes the commitments made by the Government to grant title to certain indigenous peoples to lands traditionally occupied by them, including the Garifuna, and Chorti tribes. The Committee requests the Government to provide full information on the status of the land grants it undertook to complete under its Accords with the indigenous peoples.

14. Article 15. The Committee requests the Government to provide information on any specific measures taken or contemplated to safeguard the rights of indigenous peoples to their natural resources, indicating the application of section 15 of the Agrarian Reform Law to this subject, if any, and any substantive measures taken to implement article 346 of the Honduran Constitution. The Committee further requests information on the participation of the peoples concerned in the use, management and conservation of these natural resources, including the use of indigenous techniques in environmental conservation strategies, and copies of any environmental studies conducted on the areas occupied by the indigenous peoples.

15. The Government's report states that the exploitation of forests belonging to the indigenous communities is carried out by means of a usufruct granted to the Honduran Forestry Development Corporation (COHDEFOR). Please indicate whether the indigenous peoples participated in the process leading to the conveyance of the usufruct and the specific uses and activities encompassed in the usufruct. Please also supply practical examples of any consultations that may have been carried out with indigenous communities when the Government has decided to exploit natural resources pertaining to indigenous lands, as well as information regarding the participation of the peoples concerned in the benefits of exploration or exploitation of such natural resources and any compensation provided for damages sustained as a result of those activities.

16. Article 16. The Committee would be grateful if the Government would supply copies of any specific legal provisions prohibiting the removal of the peoples concerned from the lands they occupy without their consent and indicate the procedures established, if any, to permit participation of these peoples in any decision involving their removal from their ancestral lands. The Committee notes the Government's statement that when indigenous peoples occupying land have been removed, they have been compensated. Please provide additional information, including copies of relevant legislation, regarding the manner in which compensation is determined, as well as examples of any instances where compensation has been paid for taking of indigenous lands.

17. Articles 17 and 18. The Committee requests information on any measures taken or contemplated to prevent the incursion into indigenous lands by non-indigenous persons, as well as to guarantee the security of the indigenous peoples occupying those lands. Please also indicate the specific civil and criminal provisions applied and provide examples of penalties imposed in the event of unauthorized intrusions upon, or use of indigenous lands.

18. Article 19. The Committee would be grateful if the Government would provide information in its next report explaining the three sectors referred to in its report under this Article and providing additional information regarding the pending production project described, including where the project is or will be located, the persons or entities responsible for carrying out the project, the nature of the activities envisaged, and the manner in which the project complies with the Convention.

19. Article 20. The Committee requests the Government to provide information regarding any measures it has taken or contemplates taking to prevent discrimination against the peoples concerned within the meaning of Article 20(2) and (3). Please also provide information on the establishment of adequate labour inspection facilities and procedures in the areas concerned as well as on the activities of the labour inspectorate in this regard.

20. Articles 21 to 23. The Committee notes with interest the Government's statements that, on 19 April 1996, it entered into an agreement with the indigenous peoples pursuant to which the National Vocational Training Institute (INFOP) undertook to implement vocational training programmes in specific areas, taking into account the present circumstances of those peoples. The Committee would be grateful if the Government would attach a copy of this agreement with its next report and provide additional information regarding any training given during the reporting period, specifying the areas in which training was provided and the manner in which the needs of the peoples concerned were ascertained in order to determine the type of training offered. Further, in view of the proposed amendments to article 107 of the Honduran Constitution (if it were to be approved), the Committee asks the Government to indicate whether it has taken or contemplates taking steps to provide training to the Garifuna, Misquito and other peoples inhabiting the coastal and island areas to prepare them to work in the tourism-related enterprises, in light of the possible tourist development of lands traditionally occupied by them.

21. Articles 24 and 25. The Committee notes the Government's statements that there is a health project for indigenous and tribal peoples. The Government's report also refers to proposals for the establishment of indigenous community health centres, 22 of which already exist, some located in the tribal territories. The Committee requests the Government to provide additional information regarding these indigenous health projects. It also requests further information on the indigenous health centre programme, including locations and the types of services provided, in the aftermath of Hurricane Mitch.

22. Articles 26 to 30. The Committee notes with interest the Government's statements regarding measures taken to implement these Articles of the Convention, particularly Decree No. 93-97, which establishes the legal basis for a system of bilingual intercultural education as a means to "preserve and stimulate the native culture of Honduras". The Committee requests the Government to provide more detailed information regarding the application in practice of the programme of bilingual and bicultural education, including information on the content of the programme, the manner in which it has been developed and what steps have been taken to train members of the peoples concerned as well as to promote and ensure their participation in the formulation and implementation of this programme. Please indicate what steps have been taken to ensure that the teachers in the bilingual programme are able to speak the language of the indigenous community to which they are assigned, as well as information regarding further developments in regard to the preparation and implementation of the new curriculum, including the training of teachers, the number of teachers that are members of the peoples concerned, the condition of the school infrastructure and the extent of the funds allocated to rebuild educational facilities destroyed by Hurricane Mitch. In addition, please state what measures have been taken or are envisaged to ensure that the peoples concerned have the opportunity to attain fluency in Spanish as well as to preserve the practice of their indigenous languages. Finally, the Committee would be grateful if the Government would supply a copy of Decree No. 93-97 as well as continuing to supply information regarding the nature and scope of the draft projects proposed to implement Article 30, indicating when any of these projects are approved and implemented.

23. Article 31. The Committee requests the Government to continue to provide information on any educational measures adopted or envisaged to eliminate prejudices that may be harboured in respect of the peoples concerned.

24. Article 33. The Committee notes that the governmental agencies responsible for administering programmes affecting Honduran indigenous and tribal peoples include the National Agrarian Institute (INA), the Honduran Social Investment Fund (FHIS), the National Autonomous University of Honduras (UNAH), which recently carried out an educational programme for the Tawakha people, the National Pedagogical University (UPN) and the Department of Health and Education. The Government indicates that these agencies have established technical teams comprised of representatives of the Government and of indigenous and tribal peoples. The Committee requests the Government to provide additional information regarding the activities of these agencies and their technical teams, indicating what measures have been taken to ensure that they have the means necessary to adequately fulfil their functions.

25. Part IV of the report form. According to the report, no courts of law or other tribunals have issued any decisions relevant to the application of the Convention. The Committee would be grateful if the Government would provide copies of any such decisions that may be rendered in the future.

26. Part VII of the report form. The report indicates that it is a first draft but that, once it is published, the Government will provide copies to the appropriate organizations, including CTH, CONPAH and the Public Prosecutor's Office for Ethnic Groups. The Committee requests the Government to confirm that copies of the report have been communicated to the organizations referred to in its report under this point of the report form.

27. Part VIII of the report form. The report states that the Government has not consulted organizations of indigenous or tribal peoples in the country with regard to measures taken to give effect to the Convention, or with regard to preparing reports on its application. The Committee recalls that the report form under this Convention states that, although such action is not required, the Government may find it helpful to consult organizations of indigenous or tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application. Please indicate in future reports whether such consultations have been carried out, and what the results have been.