TEGUCIGALPA (7 July 2014) – At the end of a eight-day mission to
Honduras, which took her to Tegucigalpa, San Pedro Sula and La Ceiba,
Ms. Rashida Manjoo, UN Special Rapporteur on violence against women, its
causes and consequences, delivered the following statement:
“I have been mandated by the Human Rights Council to
seek and receive information on violence against women, its causes and
consequences, and to recommend measures to eliminate all forms of
violence against women.
I would like to express my appreciation to the
Government of Honduras for extending an invitation to me to conduct this
official country visit. I am grateful to all interlocutors, including
State officials, representatives of civil society organisations, UN
agencies, and in particular individual survivors of violence. During the
mission, it was clear that there is a willingness by the Government to
engage with the international human rights system, as regards the human
rights of women. I commend the government on its responsiveness in this
regard and also its commitment to engaging in open and transparent
dialogues with me during this mission.
Current context
In the historical context of a legacy of poverty,
underdevelopment and citizen insecurity, the military coup of 2009
further exacerbated the situation in the country and has negatively
impacted Honduran society as a whole. The new Government has been in
place since January 2014 and the country is currently in a state of
transition. It is apparent that attempts are being made to build
institutions; foster trust and confidence in the new government; and at
the same time, address the climate of widespread and systematic crime,
corruption and impunity.
Furthermore, the country is facing a financial crisis
and this has led to decisions that aim to consolidate State
institutions, as part of a larger goal to ensure cohesion, reduce
fragmentation and costs, and also address the problem of duplication.
For example, there has been a considerable reduction in the number of
government ministries from 38 to 15, and also a reduction in staff and
specialised services, including in the violence against women sector.
The response to such developments is either a positive one that
acknowledges the value of cost effective measures; or a negative one
that views these measures as an attempt to weaken State institutions,
and to further entrench the lack of accountability of the State in its
responsibility to promote and protect human rights generally, and the
rights of women and girls in particular.
Due to many factors, including the high homicide rate
and alarming levels of other expressions of violence, including
injuries, robberies and extortion, Honduras is reported to be among the
most violent countries in the world today. Furthermore, the
proliferation of small and light weapons, the drug trade, and the
actions of violent gangs,further contribute to high levels of violence.
The role and continuing influence of the military in general, but
particularly in policing and education activities, is of concern to many
interviewees, due to the experiences of people vis a vis the military,
and the legacy of fear and mistrust of this institution.
Also, the reality of the lack of institution-building,
the high turnover of staff in the civil service, and the politicization
of appointment processes, further serve to impact negatively on the
continuity and sustainability of Government policies and programmes.
These issues are of deep concern, and the negative implications of such
practices in the promotion and protection of human rights and the rule
of law, need to be reflected upon by the current government of
Honduras.
Manifestations and prevalence of violence against women
In Honduras, violence against women is widespread and
systematic and it impacts women and girls in numerous ways. It precludes
the exercise of civil, political, economic, social, cultural, and
development rights, and is thus a barrier to effective citizenship. The
climate of fear, in both the public and private spheres, and the lack of
accountability for violations of human rights of women, is the norm
rather than the exception.
During the course of the mission, I noted numerous
concerns as regards the high levels of domestic violence, femicide and
sexual violence. In a context of contestation over verifiable empirical
data with regard to all manifestations of violence against women,
anecdotal evidence and also data from the State and non-state sector is
highlighted here. Generally, it was suggested that incidents of violence
against women are increasing. For example, it was noted that between
2005 and 2013, the number of violent deaths of women rose by 263.4%.
According to the National Health and Population Survey for the period
2011-2012, 27% of women aged between 15- 49 years, and 37% of women aged
between 45-49 years, have been subjected to physical violence at some
point in their lives.
Statistics from the Public Prosecutor’s Office reflect
approximately 16,000 reported allegations of numerous manifestations of
violence against women for 2012, with 74.6% related to domestic and
intra-family violence, and 20% related to sexual offences. From 2009 to
2012, it has been reported that 82,547 of domestic violence complaints
have been filed, representing an average of 20,637 complaints per year,
of which 92 per cent were filed by women. I was informed that in 2013,
approximately 2,851 sexual violence complaints were filed, with the
prevalence rate rising from 4.6 in 2008 to 8.6 in 2010.
I have also heard from interlocutors about the link
between gendered violence, whether sexual, physical or other, and
migration. The causes of migration of women and girls include fleeing
because of violence, poverty, lack of opportunity and also a generalized
sense of insecurity. The consequences of migration include violence,
exploitation, disappearances, and forced displacement from families and
communities. I note with concern the current context of reports of
thousands of unaccompanied children, both girls and boys, who are
migrating to the United States of America from countries in the region,
including Honduras. These children, who are often unaccompanied, are
fleeing rising levels of extreme poverty, extortion, risks of forcible
recruitment into gangs in their local communities and schools, physical
violence, domestic abuse and/or other types of insecurity.
Trafficking in persons for the purposes of sexual
exploitation is another manifestation of violence against women that is
underreported in Honduras, due to the hidden nature of the crime and
also the prevalence of organized crime. It has been reported that the
Public Prosecutor’s Office has registered 27 complaints for the crime of
trafficking of women during 2013. Violence against human rights
defenders, who work on issues linked to land claims, environmental
protection, the rights of minorities, and various other human rights
issues, was also highlighted in my meetings with members of civil
society.
I am concerned about the situation as regards violence
against indigenous and Afro-descent women and girls, and the issue of
eviction of peoples from their lands in favour of corporate development
projects, which places entire communities in situations of extreme risk
and vulnerability, of which women and children bear most of the cost. I
am also concerned at the violence perpetrated against members of the
LGBTI community.
Furthermore, in Honduras, many women continue to be
disproportionately over-represented in low paid, part-time and insecure
work, as they are less likely to have the necessary skills and
qualifications to engage in the formal economy. For instance, the
maquila industry discriminates against women on the basis of their age
and their physical ability to work long hours and under extremely
hazardous conditions. The lack of, or minimal regulation of this sector,
precludes protection from abusive practices as articulated in the
labour laws.
During my mission, I visited the National Penitentiary
for Women in Tegucigalpa, the only exclusively female detention center
in the country. According to official data from the National
Penitentiary Institute, there are currently 292 women in the prison,
which has a capacity for 200 women. The number of incarcerated women in
Honduras is growing, with the major cause of incarceration being
associated with gangs, extortion, and dealing in drug- related
activities. A large number of women in detention have a history of being
subjected to poverty, violence, coercion, and duress prior to being
imprisoned.
In my view, the structural and root causes of
incarceration; the violence experienced during incarceration; and the
consequences of incarceration for women, are not being sufficiently
assessed in Honduras. My interviews with detainees revealed that there
is a lack of State support, including in terms of access to medical and
social services; transport to and from the court to attend scheduled
hearings; inappropriate legal representation; the length of pre-trial
detention; the lack of effective investigation into cases, which results
in disproportionate sentencing for certain crimes; and discrimination
and bias within the criminal justice system.
I also visited the Casita 21 de Octubre, a facility
designed for vulnerable troubled adolescent boys who have never been in
conflict with the law, but are considered as “troubled” and at risk. In
this facility I met with young adolescent girls from the Sagrado Corazon
de Maria detention center for adolescents in conflict with the law.
These young girls have recently been transferred to the premises of the
Casita 21 as an emergency measure, in response to various allegations
that are yet to be investigated. I have noted numerous concerns as
regards this transfer, including the lack of attention to the best
interests of the boys who have been moved to a detention centre in close
proximity to a youth offenders centre; the aggression and disobedience
expressed by the girls who were moved at short notice and who have been
physically and verbally assaulted by guards; the disrespectful and
punitive treatment of youth offenders who are detained for crimes linked
to gangs; and the imposition of a problematic solution on the staff of
both facilities, in efforts to deal with a problem that they are not
prepared to nor have the capacity to handle.
Legislative and institutional developments and challenges
At the national level, I noted the development of
legislative and institutional measures including among others the recent
amendments to the Penal Code to incorporate femicide as a specific
crime, and, the adoption of a National Policy on Human Rights and its
accompanying Action Plan covering the period 2013-2022. The adoption of
the Domestic violence Law in 1997, and its amendment through Decrees No.
250/ 2005 and No.35 in 2013, has not led to an effective legislative
response to domestic violence, and it remains the leading cause of
reported crimes against persons at the national level. Significant
challenges persist in the area of accountability for acts of violence
against women and girls. For example, it is argued that there is a 95%
impunity rate for sexual violence and femicide crimes. In cases of
domestic violence, the CEDAW Committee noted in 2006, that the
resolution rate of domestic violence cases was 2.55%.
The main challenges identified to address violence
against women include the lack of effective implementation of
legislation, obstacles such as gender discrimination in the justice
system, inconsistencies in the interpretation and implementation of
legislation, and the lack of access to services that promote safety and
also address prevention of future acts of violence. Moreover,
corruption, the lack of political will, and the failure of authorities
to exercise due diligence in investigating, prosecuting and punishing
perpetrators of violence against women contributes to an environment of
impunity, resulting in little or no confidence in the justice system.
The interviews also reveal high levels of cynicism as
regards the functioning and ability of institutions that are in place to
promote and protect women’s human rights. This then further fosters a
culture of non-reporting of cases of violence by women and girls.
Furthermore, many interlocutors indicated that they do not consider the
justice system as a viable option to obtain remedies, due to numerous
factors including inadequate police responses, the lack of adequate
investigation of cases, the low levels of prosecution, lengthy periods
for a case to be finalised, and the negligible conviction rates in cases
related to violence against women.
As regards the provision of protective measures and also
services, I am concerned at the lack of sufficient facilities, such as
shelters for battered women, and safe houses for women who have to enter
the witness protection program. I was shocked to hear of situations in
which State officials disregard the safety needs of battered women, due
to the practice of referring high risk cases involving battered women
and also fearful witnesses, to shelters for victims of domestic
violence. This disregard then places both the shelter institution, and
also its staff and residents, in a state of extreme vulnerability and
hinders their ability to effectively provide assistance to victims and
to guarantee their safety. The State has a duty to provide
differentiated and appropriate protection or assistance to women, and
cannot justify imposing onto third parties, its primary responsibility
to prevent acts of violence against women, and to protect victims. The
ban on abortion and also emergency contraception is a source of concern,
as it negatively impacts the sexual and reproductive rights of all
women and girls in Honduras, including those who have been raped.
Efforts to provide services at the municipal government
level include having a gender unit or department with professional staff
to address the therapeutic and other needs of women. Unfortunately,
such services are linked to donor funding and their sustainability is a
source of concern. The closure or merging of investigation units has
also led to concerns about the lack of specificity in prosecuting crimes
against women, the lack of appropriate equipment and tools, and the
lack of human resources - thereby further eroding the need for
accountability for such crimes. A further source of concern, at both the
central and municipal level, is the limited data collection on
prevalence as well as data on outcomes of investigations and
prosecutions, by these specialised units. This then raises questions
about the basis of law, policy and programmatic responses.
Conclusion
It is crucial to recognize that violence against women
and girls is a human rights violation that is rooted in multiple and
intersecting forms of discrimination and inequalities, and that it is
strongly linked to the social and economic situation of women. The
importance of accountability as the norm for acts of violence against
women cannot be over-emphasised, more especially within a context of
generalised impunity for violence in the public and private spheres. The
lack of focus and effective measures to address women’s empowerment
needs is also a factor that contributes to continuing insecurity and
fear, and precludes the possibility of eliminating all forms of violence
against women and girls. I have noted with concern, the ineffective
measures to address social transformation through activities that are
not sustainable and that do not meet the goal of addressing myths and
stereotypes about gender roles and responsibilities.
It is also important to recall that Honduras has
international legal obligations to meet, as set out in, among other
treaties, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the
Child. The State has a responsibility to act with due diligence to
eliminate all forms of violence against women and girls. This
responsibility includes the protection, prevention, investigation,
punishment, and provision of effective remedies, including compensation
measures. Furthermore, the State has a responsibility to hold
accountable state authorities who fail to protect and prevent the
violations of women’s human rights, due to a lack of response or due to
ineffective responses. It is imperative that the best interests of all
women and girls should guide the response of the government of
Honduras.
My findings will be discussed in a comprehensive way in
the report I will present to the United Nations Human Rights Council in
June 2015.”
Ms. Rashida Manjoo (South Africa) was appointed
Special Rapporteur on Violence against women, its causes and
consequences in June 2009 by the UN Human Rights Council. As Special
Rapporteur, she is independent from any government or organization and
serves in her individual capacity. Ms. Manjoo is a Professor in the
Department of Public Law of the University of Cape Town.
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