| For a summary of Hondura’s review at the first cycle please click here. |
22nd UPR session
Date of review: 8 May 2015
Date of report adoption: 15 July 2015
Document number: A/HRC/30/11
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SUMMARY SOGIESC issues during Honduras’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
5. JS5 recommended the adoption of a law on gender identity that would allow persons to be legally identified in the national registry according to their sexual orientation and image.
Institutional and human rights infrastructure and policy measures
23. The Sexual Diversity Committee of Honduras (Joint submission 6) recommended the development and adoption of a public policy that would ensure the enjoyment of rights by members of the lesbian, gay, bisexual and transgender (LGBT) community, as well as the establishment of a body to administer the policy.
24. AI called on Honduras to adopt and implement policies and programmes that promote tolerance to sexual diversity and the human rights of LGBTI rights.
Equality and non-discrimination
35. Cattrachas said that the rise in the number of violent deaths among members of the sexually diverse community between 2010 and 2014 showed that the establishment of a special investigations unit had not solved the problem of discrimination on the basis of sexual orientation and gender identity.
Right to life, liberty and security of the person
44. […] MNP-CONAPREV [NPM] expressed concern about conditions for sexually diverse persons deprived of their liberty and about the involvement of the military in prison management. It recommended the adoption and application of general and disciplinary regulations under the National Prison System Act.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
68. […] CIVICUS reported that those working on LGBTI, child, women’s rights and environmental issues have been systematically targeted by state authorities.
II. Excerpts on SOGIESC issues from the national report
7. The definition of the offence of torture has also been harmonized with international standards by means of an amendment of article 209-A of the Criminal Code that was passed by Congress in March 2011 (Recommendations 81.1, 82.25 and 82.27; and voluntary commitment (c)).3 In February 2013, the definitions of the offences of discrimination and incitement to hatred were brought into line with international standards through the incorporation of the offences of discrimination on the basis of sexual orientation, gender identity and membership in an indigenous minority or an Afro-descendent community into article 321 of the Criminal Code. Incitement to hatred was made a criminal offence through the insertion of article 321-A on incitement to hatred, discrimination or persecution based on the basis of the criteria set out in article 321.
20. The challenge posed by violence and its predominantly transnational causes. Over the past 12 years, Honduras has witnessed a considerable rise in the murder rate. This trend is closely linked to the increase in organized crime, particularly drug trafficking. […] Adolescents and young adults, women, lawyers, journalists, members of sexual minorities, inhabitants of the Lower Aguán Valley caught up in the ongoing agrarian conflict there and urban public transport drivers who refuse to pay protection money are prime targets of violent assaults. Although it is clear that there is no systematic pattern of involvement of State agents in the commission of such offences, a great deal remains to be done in order to improve the effectiveness of criminal investigations and to fight impunity.
23. Investigation of killings targeting particular groups. The Office of the Special Prosecutor for Offences Against Human Life was established in August 2013 as part of the Public Prosecution Service,33 along with the High-Impact Investigation Unit (a task force of prosecutors and investigators focusing exclusively on killings of members of the lesbian, gay, bisexual and transgender community, journalists, lawyers, judges, children and young persons). Although a great deal of work had already been carried out in this respect prior to the creation of these two bodies, new cases are being handled more effectively and preexisting cases are being processed more rapidly by the expert staff of the new units. Consequently, by October 2014, a total of 42 homicide cases in which the victims were members of sexual minorities had been brought to trial; verdicts had been handed down in 16 of those cases, for a total of 10 convictions.
63. Priority measures for the lesbian, gay, bisexual and transgender (LGBT) community. In 2015, as part of the ongoing dialogue between the Ministry of Human Rights, Justice, Governance and Decentralization and members of sexual minorities, priority has been given to the implementation of 20 activities under the National Human Rights Plan that focus on this community. These range from proposals for legal reforms aimed at discouraging discrimination to awareness-raising among public officials, subsidies for training programmes run by relevant organizations and the submission of periodic reports on progress made in this area by government ministries. (Recommendations 81.1, 82.18, 83.4 and 83.8).
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
2. The United Nations country team (UNCT) in Honduras reports that, under the Constitution, international treaties ratified by the State form part of domestic law. UNCT mentions constitutional and legal reforms, many of them found in recommendations from the first cycle, that are aimed at harmonizing the national legislation. The Criminal Code has been amended to define the offences of torture (2011); hate crimes, particularly against women and against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons; femicide; and the use of the media to incite hatred and discrimination.
Equality and non-discrimination
21. UNCT points out that, despite the amendments to the Criminal Code to bring national legislation into line with international standards, discriminatory attitudes to sexual orientation and gender identity continue to exist.
Right to life, liberty and security of the person
31. According to information received by CAT, violence against transgender individuals was a serious problem in Honduras: 10 transgender women had been murdered between November 2010 and November 2011 in attacks ranging from armed assault to ones in which the victims had been set on fire. Reports had been received concerning the alleged involvement of members of the police force in some of those crimes.
Right to privacy, marriage and family life
45. UNCT pointed out that the recent amendment to the Family Code had ratified the provisions of the Constitution “prohibiting same sex marriage or de facto union”.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
50. The Special Rapporteur [on the situation of human rights defenders] also expressed concern about the great dangers facing defenders of LGBTI rights.
51. The Special Rapporteur was also concerned about the possibility of a counter-amendment to article 321 of the Criminal Code to repeal the section of the article aimed at putting a stop to discrimination on the basis of gender identity and sexual orientation
IV. References to SOGIESC issues during the Working Group review
26. With regard to sexual diversity, Honduras had prioritized the implementation of actions in the National Action Plan on Human Rights in favour of that group. Actions included legal reforms, awareness-raising and training.
36. Close cooperation was maintained with United Nations entities and the international community in general. The Congress was working on a priority basis on issues related to the fulfilment of the rights of children, education, security, development, lesbian, gay, bisexual, transgender and intersex groups, indigenous communities and Afro-descendants, the environment and gender. It had identified as a challenge the construction of a legislative agenda agreed with the relevant institutions and civil society.
105. Austria welcomed Honduran approval of the Public Policy and National Action Plan on Human Rights. It was concerned about attacks against journalists and impunity in that regard. Austria remained worried about shortcomings in the administration of justice, and ongoing discrimination against indigenous, Afro-Honduran and lesbian, gay, bisexual, transgender and intersex persons.
111. Colombia underscored efforts to comply with recommendations from the previous cycle of universal periodic review, in particular the National Action Plan on Human Rights, and actions related to previous recommendations made by Colombia on the fight against lesbian, gay, bisexual, transgender and intersex persons.
115. Denmark recognized Honduran efforts to break the vicious circle of human rights violations, but was concerned about reports that the human rights situation had worsened since the first universal periodic review. It regretted the decision to downgrade certain relevant ministries and was concerned at reported impunity for attacks on lesbian, gay, bisexual, transgender and intersex persons.
120. Germany acknowledged the partial reforms made to the Criminal Code. It expressed concern about persistent human rights violations, particularly regarding the right to life, widespread impunity and discrimination against women, children, lesbian, gay, bisexual, transgender and intersex persons and indigenous population.
V. Conclusions and/or recommendations
Honduras accepted the following recommendations:
124.10 Implement policies and programs that promote tolerance and nondiscrimination against lesbian, gay, bisexual, transgender and intersex persons, and to guarantee the compliance with the current norms in order to punish offences and violence motivated by prejudices (Uruguay);
124.11 Strengthen its national institutions in charge of the promotion and protection of human rights, with a view to fostering access to justice, particularly for the most vulnerable groups, such as women, older persons, children, indigenous peoples, persons with disabilities, people of African descent and the lesbian, gay, bisexual, transgender and intersex community (Brazil);
124.18 Undertake awareness-raising campaigns and programmes to promote tolerance and to address violence against lesbian, gay, bisexual, transgender and intersex persons (Slovenia);
124.20 End discrimination in law and practice against indigenous and AfroHonduran people and strengthen protection for lesbian, gay, bisexual, transgender and intersex persons (Austria);
124.45 Take further measures for the effective investigation, prosecution and punishment of hate crimes against lesbian, gay, bisexual, transgender and intersex persons and women, including femicides, as well as crimes against human rights defenders, journalists, justice workers and campesino community members in Bajo Aguán (Norway);
124.50 Ensure freedom of expression and take steps to end threats and attacks against journalists and human rights defenders, including lesbian, gay, bisexual, transgender and intersex defenders (Australia);
125.11 Continue with the effective implementation of measures to combat discrimination and violence based on sexual orientation and gender identity, particularly through the implementation of differentiated approaches to guarantee the enjoyment of the rights of lesbian, gay, bisexual, transgender and intersex persons (Colombia).
Honduras noted the following recommendations:
126.8 Adopt a law on gender identity allowing legal recognition in the national register of persons in accordance with their sexual orientation and image of the persons concerned (Madagascar);
126.9 Ensure that the Gender Identity Law that is currently before Congress is adopted and implemented (Denmark).
VI. Further information
You will find all documents relating to Honduras’s second review at UPR-Info and OHCHR’s websites