Human Rights Committee

141st session

Summary record of the 4120th meeting

Held at the Palais Wilson, Geneva, on Thursday, 4 July 2024, at 3 p.m.

Chair:Ms. Abdo Rocholl

Contents

Consideration of reports submitted by States parties under article 40 of the Covenant (continued)

Third periodic report of Honduras

The meeting was called to order at 3 p.m.

Consideration of reports submitted by States parties under article 40 of the Covenant (continued)

Third periodic report of Honduras (CCPR/C/HND/3; CCPR/C/HND/Q/3; CCPR/C/HND/RQ/3)

At the invitation of the Chair, the delegation of Honduras joined the meeting.

A representative of Honduras, introducing her country’s third periodic report (CCPR/C/HND/3) and its replies to the list of issues (CCPR/C/HND/RQ/3), said that the elections of 2021 had set a historic milestone, marking the end of a dictatorship built on drug trafficking and ushering in the first female President of Honduras, Xiomara Castro. In an effort to address the difficult situation she had inherited – characterized by rollbacks on human rights since the 2009 coup d’état; the impact of the coronavirus disease (COVID-19) pandemic and of Hurricanes Eta and Iota; and a country vulnerable to the effects of climate change – the President had assumed the task of reforming the debilitated public administration, abolishing institutions that had facilitated a network of corruption and creating new ones, such as the Ministry for Transparency and the Fight against Corruption, to build transparency and efficiency. A number of laws that violated human rights had been repealed, corrupt trust funds had been abolished and a bill on tax fairness had been submitted to the National Congress in order to ensure that the Government had the necessary resources to uphold human rights.

Efforts to combat impunity and address past human rights violations had included the adoption of the Act for the Reconstruction of the Constitutional Rule of Law and the Non-Repetition of Events; the establishment of programmes to provide support and reparation to victims of human rights abuses, such as the Social Support Programme for the Families of the Martyrs of the Resistance; and the establishment of the National Centre for Historical Memory. When it came to the security situation, by the end of 2023, and after just two years in office, the Government had managed to reduce the homicide rate by more than 7 percentage points. As part of the effort to fight organized crime and curb violence, the Police Directorate for Combating Maras, Gangs and Organized Crime had been established and a state of emergency had been declared as a temporary measure; in accordance with the Government’s obligations under the Covenant, notification of that public emergency would shortly be made. Between 2021 and 2023, the Ministry of Defence had substantially increased training on human rights, international humanitarian law, the use of force and gender equality and had created dedicated human rights sections and gender units in all branches of the armed forces.

In the light of acts of violence that had been committed in various prisons, including the regrettable deaths in violent circumstances of 46 women in the National Women’s Prison for Social Adaptation, the Government had adopted emergency measures, authorizing the military police to take control of those prisons as well as to train new prison officers. As part of the effort to reduce prison overcrowding, the files of over 4,000 persons deprived of their liberty had been examined to verify their legal status and reduce judicial delays. A rehabilitation, re-education and reintegration programme had been launched, as had a commercial brand name for products manufactured in prisons, thereby enabling prisoners to sell goods that they had made. An inter-institutional mechanism had been created to monitor the emergency prison measures and ensure that the human rights of persons deprived of their liberty were respected. The National Prison Institute budget had been increased by 125 per cent since 2021.

Various advances had been made in addressing violations of the human rights of peasant farmers and environmental rights defenders. For example, an agreement had been signed with the Coordinating Committee of Community Organizations and the Aguán Agrarian Platform to investigate human rights violations relating to land tenure in the Bajo Aguán area; a commission on agricultural security and access to land had been created; and a high-level intersectoral commission had been set up to ensure compliance with Inter-American Court of Human Rights judgments in the cases of Gar i funa Triunfo de la Cruz Community and its members v. Honduras and Gar i funa Punta Piedra Community and its members v. Honduras.

On the issue of migration, which the President recognized as a human right, an amnesty had been introduced under which the administrative penalties for irregular entry into Honduras for migrants transiting through the country had been waived. A centre had been opened for migrants in an irregular situation, with capacity to provide shelter to 400 migrants and perform immigration checks for up to 2,000 migrants a day. A community policing model had been extended to provide protection and comprehensive services to migrants in transit pursuant to a policy shift whereby the containment approach to irregular migration had been discarded in favour of a focus on protection.

The Act on Shelters for Women Survivors of Violence in Honduras had been adopted, while the bill on purple alerts for the search and location of missing women, for which the Ministry of Security had drafted implementing regulations, had been submitted for review by the Gender Equity Committee of the National Congress.

In the area of justice, accountability mechanisms had been strengthened with new technological tools, such as a virtual library for migration alerts. In an effort to reduce judicial delays, virtual hearings were held daily, with connections to all 24 of the country’s prisons. In addition, a regional office of the unit responsible for monitoring and tracking cases of missing persons had been opened in San Pedro Sula, the Harmonized Criminal Investigation Manual had been updated and the National DNA Database System Act had been adopted, thereby strengthening criminal investigations and enabling the whereabouts of disappeared persons to be determined.

Her Government recognized that major challenges remained to be addressed. Nevertheless, the achievements it had made in just over two and a half years in office were proof its commitment to human rights, transparency and accountability.

Mr. Quezada Cabrera said that he wished to know whether the State party had taken measures to ensure that future selection processes for the National Commissioner for Human Rights would be transparent and involve civil society’s full participation. He would welcome more information on the five medium-term strategic objectives contained in the Institutional Strategic Plan for 2022–2026 of the Office of the National Commissioner, including on how those objectives would contribute to the Office’s autonomous and independent fulfilment of its mandate. He wondered whether the Office’s budget for 2024 had been increased and whether it would be accorded financial autonomy. He would be interested in hearing the delegation’s comments on reports of a lack of response to the Office’s requests for information during the course of its investigations and a lack of compliance with its recommendations. Information would be appreciated on the Office’s mandate to visit prisons and issue related recommendations. The delegation might clarify whether cases of alleged violations of the human rights of persons deprived of their liberty were duly reported to the Public Prosecution Service for investigation and prosecution and whether there was any coordination between the Office and the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishment in that area.

He would appreciate more detailed information on the implementation of and follow-up to the recommendations made in 2011 by the Truth and Reconciliation Commission, including an account of the obstacles encountered in that regard. With reference to the State party’s replies to the list of issues (CCPR/C/HND/RQ/3, para. 10), he was curious to know what challenges the State party had faced in terms of quantifying the number of cases that had been brought to trial since the 2009 coup d’état and the 2017 post-electoral conflict. Data on the number of convictions handed down by the courts, the number of persons convicted and the penalties imposed on perpetrators during the reporting period would also be welcome. He would like to know what reparation measures had been adopted for families of the victims killed during the 2009 coup d’état, including the nature of those measures and how many persons had benefited from them, and whether any reparations had been made to the victims of other human rights violations committed during the coup d’état and to victims of the excessive use of force and arbitrary detentions during the 2017 post-electoral crisis.

He would be interested to know more about the functions of the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishment, including what measures it could take when it received a complaint and the extent to which it interacted with the Public Prosecution Service and other State bodies during the investigation of complaints of torture and other cruel, inhuman or degrading treatment or punishment. It would be helpful to know whether any protection mechanisms had been established to safeguard persons who made such complaints. If not, were there any plans to do so?

He wondered whether the delegation could provide information on existing reparation measures for victims of torture and other forms of ill-treatment, including which State bodies were responsible for awarding them. Data on the reparations that had been granted during the reporting period would also be gratefully received. Lastly, he would be interested to know what the current status was of the bill governing the use of force by law enforcement officials and agencies, whether the Manual on the Use of Force and Firearms by the National Police Force of Honduras was being fully implemented and, if so, whether a positive impact on the conduct of police officers had been observed.

Mr. El Haiba said that the Committee wished to know whether the Government envisaged ending the state of emergency, which had been declared in 2022, without further delay; whether the delegation could indicate the legal basis for the emergency measures, including their compatibility with article 4 of the Covenant; whether those measures were strictly necessary and proportional to the exigencies of the situation; and whether the obligation to notify the Secretary-General of the state of emergency had been respected. Detailed information on the mandate and role of the committee that had been set up to monitor the state of emergency, as well as the scope of its oversight activities, would be welcome.

He would be interested in receiving more information on the State party’s shelters for women and migrants who had been victims of violence or discrimination, on the protection measures that were in place for vulnerable groups and on which authorities or mechanisms handled complaints of discrimination. He would appreciate more information on the nature of the 70 complaints related to acts of discrimination that had been received by the Public Prosecutor’s Office and on the status of the six applications for prosecution that had been filed. He would be interested in the delegation’s comments on reports that allegations of violence against persons based on sexual orientation and gender identity, including cases of violent deaths, had not been acted upon. He wondered whether there had been judicial follow-up to the cases of political violence reported by the National Violence Observatory; whether the State party collected data on the incidence of the forms of discrimination outlined in article 26 of the Covenant; and whether any legal or institutional mechanisms were in place to combat all forms of discrimination.

On the right to life, he would be interested to learn about judicial follow-up in cases of homicide, in particular with regard to whether the 3,134 arrest warrants that had been issued had led to the arrest, prosecution and conviction of the perpetrators. Likewise, information on any judicial follow-up to the 656 offences related to the illegal possession or carrying of weapons that had been recorded in 2022 would be welcome.

Mr. Gómez Martínez said that the Committee would welcome information on the number of training courses organized in the previous five years to assist judges, prosecutors and police officers in identifying and addressing sexist biases and applying the law using a gender perspective, as well as details of the course content and the number of participants. He would like to know what specific steps the State party had taken and planned to take to eradicate violence against women given the widespread nature of such violence. It would be helpful to know how many convictions, protection orders and restraining orders had been handed down by the domestic violence courts in 2023.

Clarification would be welcome regarding the disparity between the number of cases of femicide heard by the courts in 2023 and the number of violent deaths of women recorded that year. It would also be interesting to hear what measures had been adopted to improve reporting, particularly of murders of women, in general, and of femicide, in particular. He would like to know whether judges, the Public Prosecution Service, the Specialist Criminal Investigation Agency, the Police Investigation Directorate and the health services had specialized protocols based on a differentiated approach for investigating cases of violence against women. Information would be appreciated on the status of the draft bills on gender-based violence and the prosecution of violent crimes against lesbian, gay, bisexual, transgender and intersex persons and sex workers. He wished to know what steps the State party planned to take to put a stop to acts of intimidation and aggression aimed at preventing women from fully exercising their political rights.

Ms. Šurlan, noting that abortion continued to be criminalized in all circumstances, said that she wished to know what the State party was doing to reduce maternal mortality and morbidity and to address the other risks linked to clandestine abortions, whether families with many children received assistance and whether legislation had been adopted to oblige men to fulfil their responsibility to care for their children, at least in financial terms, particularly in cases of pregnancy resulting from rape or incest. It was important to know how mothers in such cases were assisted throughout motherhood, particularly with regard to the potentially severe psychological harm caused by raising a child born as the result of such a traumatic event as rape. She commended the State party on its decision to permit the use of the emergency contraceptive pill and would welcome further information on the steps taken to facilitate access to it for all girls and women, including those belonging to vulnerable groups. She also had noted that improvements had been made with respect to assisted fertilization and wished to know what types of support were provided to vulnerable and older women who required such assistance in exercising their reproductive rights.

Mr. Carazo said that he would like to know whether the State party had considered reviewing the military’s role in law enforcement in the light of the high risk of human rights violations related to the military’s involvement in civilian security operations. It would be useful to know what the status was of the draft legislation on the use of force and to find out more about the Government’s short- and medium-term plans for addressing violence in the country. Lastly, he would welcome information on measures to prevent extrajudicial executions, including killings carried out by non-State actors, and enforced disappearance, along with an update on the bill on comprehensive reparation for victims of human rights violations caused by actions or omissions attributable to the State.

The meeting was suspended at 3.55 p.m. and resumed at 4.20 p.m.

A representative of Honduras said that the Office of the National Commissioner for Human Rights enjoyed constitutional rank and full independence, and its budget had been increased to allow it to carry out its functions independently. A commission established to evaluate the appointment of the National Commissioner for Human Rights had found irregularities in that process and made a series of recommendations for making it inclusive, transparent and highly participatory, in line with the Paris Principles. In response to the recommendations of the Truth and Reconciliation Commission regarding the 2009 coup d’état, a draft decree establishing a court of constitutional justice had been submitted to Congress.

On International Women’s Day, Congress had passed the Shelters for Women Victims of Violence Act. The draft law on violence against women was under review, and consultations with the relevant State authorities were ongoing in that respect. The bill governing the use of force by law enforcement officials, which was still under deliberation, incorporated international standards on the use of force, as well as provisions on other rights and guarantees recognized in the Constitution and international instruments. A special commission was examining the procedures followed in adopting the new Criminal Code and would issue its report in due course. The bill on meeting international human rights obligations in respect of victims of the so-called national security doctrine had been submitted to Congress.

A representative of Honduras said that numerous training sessions for judges on the application of a gender perspective had taken place, including regional meetings on access to justice with a gender perspective and a workshop on sentencing with a gender perspective. A gender unit within the judiciary monitored all judgments to ensure that cases involving discrimination against women were adjudicated properly. The number of judges specializing in domestic violence cases was being increased gradually, in line with the available budgetary resources. Efforts were also being made to ensure that the judiciary offered comprehensive services to women victims of domestic violence, beyond legal services, for example through referrals to other State bodies.

Legislation was in place to ensure that perpetrators of domestic violence fulfilled their financial responsibilities towards their families and offspring by placing them on a register should they fail to do so. Their placement on that register meant that they would be flagged whenever they had dealings with any government agency. Legislation that would create a register of perpetrators of domestic and sexual violence and prevent them from standing for public office was being drafted. Several cases relating to the coup d’état had been heard by the courts; disaggregated statistics on those cases would be provided to the Committee. The illegal carrying of weapons, of which there were a great many cases, was subject to different punishments depending on whether the weapon was of a type that only law enforcement officials were allowed to use or, more commonly, it was a commercial weapon for which the bearer had no permit.

A representative of Honduras said that a system to gather data on violence against LGBTIQ+ persons was being designed to facilitate the accurate and uniform analysis of violence and discrimination against them, disaggregated by community, ethnicity, religion or belief, age, health, and migration and economic status. The institutional capacities of the Ministry of Security were being assessed to ensure that reliable, quality data on crime and police action could be gathered. An organization of families of detained and disappeared persons had submitted a proposal for legislation on victims of the implementation of the so-called national security doctrine which they had developed in conjunction with a number of State institutions. That bill, which was being debated in Congress and had been assessed for compatibility with international human rights instruments, provided for policies on historical memory and the preservation of archives and locations linked to the human rights violations committed during that period.

A representative of Honduras said that, under the Constitution, the Ministry of Security was authorized to request support from the Ministry of National Defence, if required. Given the serious security situation, the engagement of the military police in maintaining public order and security was reasonable. The military police corps was composed of fewer than 5,000 officers and intervened only at the request of the Ministry of Security. Since 2021, training in human rights, international humanitarian law, use of force and gender equality across all levels and branches of the armed forces had increased fivefold. Human rights divisions had been set up in all branches of the armed forces and, among other things, served as complaints mechanisms. Since February 2023, the military police operated a detention facility. In order to ensure its effective management, detailed entries were made in the detainee intake log and in the registers kept on evidence, visitors, personal belongings, defence counsels, services, human rights-related incidents and health matters, among others. The records could be accessed both by staff and the detainees’ counsel. Compliance with human rights standards was monitored by a human rights lawyer on site, and detainees’ health status was assessed by medical personnel upon admission and release.

In 2022–2023, 10,257 gender training sessions had been held to promote the safety of female staff and gender mainstreaming across the military. Honduras was the second country in the region to use role-playing techniques in its human rights training programmes to expose military staff to situations that might arise in the context of operations and enable them to practise responding in a way that upheld the human rights of the persons involved. Two such training events had taken place in April 2024 at the Military Training Centre of the Armed Forces.

Twenty human rights liaison officers and 60 heads of human rights units had been appointed to help mainstream gender equality and create equitable work environments within the armed forces. Three handbooks had been issued on military police procedures, roles and responsibilities, and the appropriate use of force. Within the framework of a strategic alliance between the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Ministry of Defence, 45 members of the armed forces had participated in a workshop held in 2023 to discuss cooperation between the security forces and the media to bolster human rights and democracy. A second workshop that had been held on 30 and 31 May 2024 for 35 officers had covered issues relating to the safety of journalists, press freedom and freedom of expression in situations of crisis. At that workshop, two monitoring mechanisms had been launched: a network of military focal points for press safety and freedom, and a network of trainers. Those networks would help raise awareness of press freedom and freedom of expression within the armed forces. In 2022 and 2023, additional human rights workshops had been conducted to build capacity for the implementation of international human rights law within the armed forces in collaboration with the United States Southern Command and the Ministry of Defence. In November 2023, the Honduran Government had hosted the third Central American Human Rights Initiative Conference, bringing together 40military and human rights experts from Belize, Colombia, CostaRica, Dominican Republic,ElSalvador, Guatemala, Mexico, Panama and Honduras.

The Government’s commitment to a human rights focus in military and police work had helped rebuild people’s trust in the armed forces and the police force. In order to demilitarize policing, the National Anti-Gang Force had been subsumed into the police force, the National Inter-Institutional Security Force had been replaced by an inter-institutional command, and other units of the armed forces had been brought under the umbrella of the Ministry of Security.

A representative of Honduras said that the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishmentand the Office of the National Commissioner for Human Rights conducted regular visits to places of detention and played a key role in effective prison management. The two bodies had conducted 200 and 150 visits, respectively, to prison facilities. In 2023, entry had been denied on four occasions: on 27 June, inspectors had been denied entry to Morocelí Prison for security reasons; on 15July, entry had been denied due to a prison riot at Danlí Prison Farm; on 10 August, a fire started by inmates had prevented a monitoring visit to Comayagua Prison Farm; and on 22August, access to Choluteca Prison had been denied because a check and search operation had been under way.

A representative of Honduras said that partial state-of-emergency decrees played a critical role in the Government’s efforts to crack down on organized crime. The state of emergency declared in late 2022 had helped reduce crime, protect citizens, rebuild the social fabric and create a safer environment for all. Partial states of emergency had facilitated targeted police operations against criminal gangs (maras), which were conducted in strict compliance with the Constitution and article 4 of the Covenant. The country’s desperate security situation required a firm response, and the far-reaching powers given to the police and military police were critical to tackle the threat posed by criminal gangs. The measures were necessary and proportional to the challenges at hand, and their duration was regularly reviewed to avoid any unnecessary prolongation. The proper authorities had been duly notified of the declaration of the state of emergency, as required by international law, and the relevant bodies were kept abreast of the evolving situation.

The police guidelines on the use of force and firearms were based on the principles of legality, proportionality and necessity, and the security forces were committed to using those tools responsibly to protect the life and integrity of all members of the public.

The recent launch of the “Women living without fear” hotline was intended to strengthen the reporting of gender-based violence, increase women’s access to legal support and protection, permit a rapid response to incidents of gender-based violence and promote a safe environment for all women in Honduras. In addition, an artificial intelligence assistant (Chatbot Maria) provided information about support services to women victims of gender-based violence. Fifty-five complaints units and eight rapid response units had been set up nationwide to address the problem of violence against women.

All reported cases of arbitrary detention, enforced disappearance, torture and extrajudicial killings were investigated, and the perpetrators, once identified, would be brought to justice. In addition, a monitoring and accountability mechanism had been set up to prevent such crimes in the future, and international cooperation had been strengthened. The Government cooperated closely with the International Criminal Police Organization (INTERPOL) in the search for missing persons. Measures had been taken to enhance investigation techniques, regulate the use of force in line with international norms, punish perpetrators, protect witnesses and relatives of victims, and provide redress. The Ministry of Security was delivering training to police and prosecutors in order to build their investigative and procedural capacities for dealing with extrajudicial killings. It was also implementing victim protection programmes and protocols for the search for missing persons and had set up a missing persons unit. Regulations for the Act on AMBER Alerts to Locate and Protect Missing or Abducted Children and Adolescents had been adopted.

The state of emergency had been a major factor in reducing the murder rate to zero in 130 municipalities and had facilitated the dismantlement of 455 criminal gangs. Arrests were conducted lawfully and with due respect for human rights. Some 20,170 police officers had been trained in the proper use of force and the protection of human rights.

A representative of Honduras said that there were two presidential programmes on reparations for persons whose human rights had been violated during the application of the so-called national security doctrine. Under the Social Programme for the Families of Martyrs of the Resistance, a search had been launched for the members of the 144 such families, and 48 relatives of 34 victims had been located to date. The programme provided for comprehensive reparations, including access to housing, employment, justice, education, monetary compensation for material and intangible damages, and physical and mental rehabilitation services. The Programme of Memory, Truth, Reparation, Justice and Non-Repetition for the Reconciliation and Refoundation of Honduras was responsible for organizing commemorative events such as the National Day for the Right to Truth, Memory and Justice, the International Day of the Victims of Enforced Disappearances and the commemoration of the five campesino martyrs of El Jute killed in 1965.The Programme had also released documentaries on HerminioDeras andFidelMartínez, who had been the victims of extrajudicial killings in the 1980s. The Government had supported the broadcasting of the monthly programme “Memory, Truth and Justice” on the State-run television channel, the establishment of the Museum of Memory and Reconciliation and the development of legislation on the rights of victims of serious human rights violations committed during the application of the so-called national security doctrine spearheaded by the Committee of the Families of Detained and Disappeared Persons in Honduras.

Once the views of the public prosecutor and the judiciaryconcerning the special comprehensive bill on combating violence against women had been issued, the bill would be put up for adoption by Congress. A budget had already been assigned for the implementation of that legislation once it passed into law.

Mr. Gómez Martínez asked whether any budget had been assigned for the implementation of the bill on shelters and, if so, how those appropriations were being used to ensure effective implementation. He was curious to know when the outstanding opinions on the bill on combating violence against women were expected to be rendered. It would be helpful if the delegation could provide statistical data on the many commendable activities conducted to address gender-based violence and mainstream a gender perspective across the various law enforcement and security agencies. It was important for the State party to continue its efforts in that regard, as the effect of deep-rooted, often imperceptible, gender bias could easily distort the administration of justice. There was no room for complacency. Given that efforts of judges, prosecutors, the police and the health authorities to tackle gender-based crime were often poorly coordinated, he wondered whether there was a joint protocol for all those agencies or, if not, whether there were any plans to develop such a protocol.

He wondered whether the Principles on Effective Interviewing for Investigations and Information-Gathering (the Mendez Principles) formed part of the human rights training provided to the military and security forces.

The Committee would welcome detailed information on the circumstances surrounding the deaths of 46 women in the National Women’s Prison for Social Adaptation on 20 June 2023. Had the State party taken any measures to protect the life and integrity of women in custody and, if so, could the delegation kindly elaborate on the results?

Mr. E l Haiba said thathe wondered whether the State party saw any prospect for ending the state of emergency, despite the threat that the activities of criminal gangs unarguably posed to democracy and public order. He was concerned that the militarization of the fight against crime was bound to result in further human rights violations and might eventually play into the hands of those gangs.

It would be helpful to know whether the shelters for victims of sexual abuse were already operational. If so, he would appreciate receiving statistical data, disaggregated by sex and type of violation, on the number of persons housed in shelters and on the geographical distribution of those shelters. He wondered whether the widespread gender-based discrimination and violence in the country was a result of systemic policies or whether sociocultural factors might also play a role.

Mr. Quezada Cabrera said that he wished to know whether the Ministry of Finance controlled the budget of the Office of the National Commissioner for Human Rights. If so, he would like to know the reason for that arrangement, since it would limit the Office’s independence. It would be useful to have additional information on the proposal, mentioned by a member of the delegation, to establish a special court to address situations identified by the Truth and Reconciliation Commission. He would be grateful for further details about the specific forms of reparation included in the Social Support Programme for the Families of the Martyrs of the Resistance and for statistical data on the beneficiary families.

Mr. Carazo said that he would appreciate statistical data on enforced disappearances and extrajudicial executions that had occurred during the reporting period. It would be useful to have some specific examples of the compensation granted under the Programme for the Families of the Martyrs of the Resistance in some of the cases that had been mentioned. It was unclear to him whether the proposed constitutional court was to be a permanent institution or whether it would be established solely to consider cases pertaining to the coup d’état of 2009. He wished to know what the migration amnesty programme entailed, which categories of migrants would benefit from it and whether it was in the process of being implemented. He would be interested to learn how many times the state of emergency had been extended and which bodies and institutions were involved in deciding whether to extend it. Had a projected date been set for ending the state of emergency and focusing on the steps being taken to restore the rule of law?

Mr. Ndiaye said that he wondered whether Honduras had a full transitional justice programme that provided for non-repetition as well as the prosecution of perpetrators, among other aspects. He hoped for clarification as to whether the Truth and Reconciliation Commission was purely national in nature or whether it was partially subregional or international. He was curious about whether the State party had considered cooperating with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence and about whether the Government had considered bringing in experts from elsewhere in the region or world to bolster the impartiality of the process.

Ms. Tigroudja said that she wished to know whether the National Congress and judiciary had been involved in decision-making regarding the repeated temporal and territorial extensions of the state of emergency and, if so, how.

A representative of Honduras said that the Ministry of Finance did not control the budget of any other institution, including the Office of the National Commissioner for Human Rights, which had been increased in each of the past three years. The Ministry set each institution’s budget and allocated funds accordingly, but the institution in question controlled how its budget was spent. With regard to the budget for the construction of shelters, 50 million lempiras had been allocated to the Ministry of Women’s Affairs; the first shelter would be built in the Central District of Tegucigalpa.

A representative of Honduras said that, since the 2023 and 2024 State budgets had followed gender-responsive budgeting principles, provisions had been included in the Act on Shelters for Woman Survivors of Violence in Honduras that required the Ministry of Women’s Affairs to set aside funds for shelters and ensure the proper disbursement of those funds. The proposed constitutional court was to be a permanent institution and would not, therefore, only hear cases pertaining to the coup d’état of 2009. As was true of similar institutions in other countries, the intention was for it to strengthen the rule of law, the separation of powers and judicial independence. As a permanent institution, its establishment would require a constitutional amendment.

A representative of Honduras said that he wished to thank Mr. Gómez Martínez for the suggestion to incorporate the Méndez Principles into the human rights training provided to the military and security forces. The wide range of subjects relating to human rights covered in the training currently received by members of the military, in particular those deployed in prisons, included the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). The training focused on the issues of gender and equity. With a view to ensuring openness and transparency in regard to the Office of the National Commissioner for Human Rights, the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishment and civil society organizations, personnel were also informed about those bodies’ work and spheres of authority.

In respect of demilitarization, both the national task force responsible for combating criminal gangs and the National Directorate for Investigation and Intelligence had been transferred from the military to the police force. In a similar vein, the Ministry of Security had been made responsible for the National Urban Transportation Security Force, while the National Inter-Institutional Security Force had been disbanded. The Government was in the process of transferring the country’s prisons to civilian control.

Initiatives to promote the rights of persons deprived of their liberty included the implementation of a rehabilitation, re-education and reintegration programme, which was intended to give such persons a broad education over the course of two years. The food and health conditions in prisons had also been improved.

A representative of Honduras, referring to paragraphs 63 to 68 of the replies to the list of issues (CCPR/C/HND/RQ/3), said that the Ministry of Health already had a supply of emergency contraceptive pills, and funds had been set aside for the purchase of 30,000 more for 2024. The Ministry staff were preparing to distribute allocations of pills to every health centre in the country, and information on the pills had been added to the handbook on family care and planning. The Government was also updating the protocol on post-exposure prophylaxis for HIV.

Her Government wished to emphasize that consideration of the issue of the voluntary termination of pregnancy must entail a congressional debate on fundamental cultural issues. While the Government understood that abortion was widely recognized as a right based on the Covenant, legislative reforms must take into account the full range of views held within Honduran society. Few persons had been prosecuted for abortion-related offences in 2024, and those who had been had received non-custodial sentences. Her Government considered the matter a subject of ongoing debate and was unwavering in its commitment to tackling the causes of sexual violence and obstetric emergencies.

A representative of Honduras said that the Government’s response to the riot that had resulted in the death of 46 women in the National Women’s Prison for Social Adaptation had started with retaking control of the prison. Given that all 46 had been members of the Mara Salvatrucha gang and had been killed by members of the 18th Street gang, the Government had then rehoused the 69 remaining Mara Salvatrucha members in that prison in a different facility. Subsequently, the Government had identified the perpetrators, who were standing trial. In addition, the National Women’s Prison for Social Adaptation was being rebuilt and modernized. Prisoners in the facility were being kept busier and were being offered recreational and sports activities and workshops, in addition to employment and educational opportunities.

A representative of Honduras said that the bill on obstetric and gynaecological violence was ready and would be presented for its second reading in the National Congress once time could be found for its debate. The bill was intended to guarantee appropriate and respectful sexual and reproductive health care and to eliminate all forms of physical and psychological violence committed in the context of health-care services provided during pregnancy and childbirth.

The meeting rose at 5.55 p.m.