E/CN.4/2005/18/Add.5 page 6 5. The State must also look for a social and political alternative to a purely security-based approach to tackling crime, by seeking to resolve social problems such as the violence committed by gangs of youths (pandillas) in the cities. The National Commissioner for Human Rights believes that any solution to these problems needs to take into account their relationship with high poverty levels, the culture of violence and the authoritarianism that permeates Honduran society. Violent crackdowns on gangs of youths and prisoners, as in the case of the so-called “El Porvenir prison farm massacre” carried out by the police and army in April 2003 (which left 68 dead), are seen as a serious violation of human rights and thus in conflict with Honduras’ commitments regarding human rights. The National Commissioner for Human Rights makes the general point that the police use disproportionate force and he condemns the activities of the vigilante groups, including death squads, involved in the frequent summary executions of street children and youngsters. The adoption of legislation to outlaw the activities of gangs of youths (the “Gang laws”) is considered by the National Commissioner as a serious violation of human rights because parts of it flout the presumption of innocence. 6. However, it should be recalled that President Maduro, when he was elected in 2002, said that his term of office would be dedicated to transforming the country in order to revitalize democracy and encourage citizen participation.3 7. The recent reform of the judiciary, which grants greater independence to Supreme Court and lower-court judges, should strengthen the rule of law and ensure better protection for human rights. Congress, not the executive, is responsible for appointing, for seven-year terms, 15 judges selected from a list of 45 candidates put forward by an appointments committee made up of representatives of civil society and the National Commissioner for Human Rights, a representative of private enterprise, a representative of workers or the Ministry of Labour, and a representative of the legal faculty. The establishment of the Council of the Judicature and Judicial Staff and the adoption of a new criminal code are further moves designed to strengthen the independence of the judiciary. The Special Rapporteur was very impressed by the detailed explanation of the reforms given by the President of the Supreme Court, Ms. Morales Montalván, whose standing and skill should help ensure they are implemented in full. 8. Nevertheless, the Honduran Government is still faced with the need to ensure enjoyment of economic and social rights by the majority of the population. Honduras is a poor country, ranked 115th in the human development index, and 23.4 per cent of its population (1.6 million people) is classed as extremely poor. The level of malnutrition is quite high: in 2003, 37 per cent of the population was considered malnourished. Honduran society is also characterized by an unfair distribution of national wealth: the wealthiest 20 per cent of the population receive 54 per cent of national income, while the poorest 20 per cent receive only 3 per cent. These social inequalities coincide with the differences between urban and rural areas,4 as will be seen below in the case of the department of Gracias a Dios, which the Special Rapporteur visited. In the economic and social sphere, it should also be pointed out that President Maduro has focused his programme on human development and has promised that his Government will work towards the well-being of every Honduran, particularly the most disadvantaged.3

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