Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes the Government’s last report. It regrets to note that, in general, the Government does not reply to the questions raised by the Committee in its previous comments, nor does it attach copies of the legislation, accords and projects requested. The Committee draws the Government’s attention once again to the fact that the report does not contain detailed information on the current situation with regard to the obligations undertaken, nor does it provide a clear appreciation of the application of the Convention in law and practice. It hopes that in its next report the Government will provide the necessary information so that the Committee can undertake a detailed examination of the application of the Convention.

2. Article 107 of the Constitution. The Committee notes that the report does not contain information on article 107 of the Constitution, to which it referred in its previous observation. The Committee once again requests the Government to indicate whether the proposal to amend this article is being maintained and, furthermore, whether legislation to implement the article has been adopted or whether there is any draft legislation to implement the article permitting the acquisition of lands along the coast by private individuals which, as indicated by the Committee, has generated opposition among indigenous groups who consider that this would damage their rights to the lands that they traditionally occupy. If such legislation has been adopted, or if draft legislation in this respect is under examination, please provide a copy and indicate the manner in which the indigenous peoples occupying the lands affected by it have been consulted.

3. The Committee once again requests the Government to provide copies of any agreements concluded with indigenous peoples in Honduras and their representative organizations since the entry into force of the Convention, and to indicate the current situation with regard to the obligations deriving from such agreements.

4. The Committee recalls that it referred previously to allegations that non-indigenous owners were threatening the safety of indigenous peoples occupying their ancestral lands. It hopes that the Government will adopt the necessary measures to safeguard their rights, including those of ownership and possession, to the lands traditionally occupied by indigenous peoples and that it will provide information on this matter.

[The Government is asked to report in detail in 2003.]