A/HRC/33/42/Add.2 6. The indigenous peoples of Honduras represent a rich cultural diversity throughout the country. These peoples — and their locations and numbers — are, according to the 2001 census: • Lenca (279,507), who live mainly in the Intibucá, La Paz, Lempira and Santa Bárbara Departments in the west of the country • Maya Chortí (34,463), in the western Copán and Ocotopeque Departments • Tolupán (9,617), in the central Yoro and Francisco Morazán Departments • Garífuna (46,448), on the Atlantic seaboard stretching from Cortés Department to Gracias a Dios Department • Nahua (20,000, according to unofficial data), in the eastern Olancho Department • Pech (3,848), in Colón, Olancho and Gracias a Dios Departments • Tawahka (2,463), in the eastern Olancho, Colón and Gracias a Dios Departments • Miskito (51,607) in Gracias a Dios Department 7. All the indigenous peoples have one or more organizations or federations that represent the interests of their members or specific sectors of their population. During the 1990s, the indigenous peoples and organizations went on political demonstrations or “pilgrimages” in Tegucigalpa to draw the attention of the Government and the general public to their claims for their territories, culture, languages and access to health, education and other social services. As a result of these demonstrations, some progress was made in recognizing their title to their indigenous lands and the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169) was ratified. The provision of education and health services for indigenous communities improved. III. Legal, political and institutional framework 8. Honduran domestic legislation contains hardly any recognition of or protection for the rights of indigenous peoples. The country’s constitutional recognition of indigenous peoples has lagged behind that of other Latin American countries over the past decades. The only reference to indigenous peoples’ rights in the Constitution comes in article 346, which provides for the duty of the State to “adopt measures to protect the rights and interests of indigenous communities in the country, especially the lands and forests where they have settled”. Other constitutional provisions refer to the obligation of the State to foster the country’s anthropological richness, native cultures and folklore (arts. 172 and 173). 9. The Constitution provides that international treaties form part of domestic law (art. 15) and that “in the event of a conflict between the treaty or convention and the law, the former shall prevail” (art. 18). Honduras has ratified the main international and regional human rights treaties, in addition to ILO Convention No. 169 (in 1995), and voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples. However, there is no secondary legislation to ensure that the rights enshrined in these international instruments are actually implemented. 10. Under agrarian law, indigenous communities that can prove that they occupy their lands can obtain title in fee simple from the National Agrarian Institute. 1 Forestry law “recognizes the right of indigenous and Afro-Honduran peoples over forest areas in lands 1 4 Agricultural Sector Modernization and Development Act, Decree No. 31-92, art. 65. GE.16-12632

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