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