| Last updated: 07 September 2012 |
Introduction |
The President of the Republic is elected for a four-year term. He presides over the unicameral legislative assembly, which is elected by universal suffrage and is dominated by the National and Liberal parties. The assembly drafts, decrees, interpret, reforms and repeals laws. Of the 128 seats in the National Congress, 23 are held by women (18%) .
The Judiciary in Honduras comprises a Supreme Court, Appeal Courts and Tribunals which establish the law. The President of the Supreme Court is elected by the national assembly for a period of seven years. The Judiciary is formally independent but inefficient in practice and subject to corruption and political influence. Despite the fact that anti-corruption policies have been introduced, the bodies set up to enforce the law are accused of failing to investigate, stop and prosecute corruption at the highest levels.
On 28 June 2009, the military detained at an air base and deposed the Constitutional President, Jos Manuel Zelaya, and Congress elected Roberto Micheletti to replace him. Zelaya was forced to seek refuge in the Brazilian Embassy. In April 2011 he was living in exile in the Dominican Republic. Those in favour of overthrowing Zelaya described this development as a constitutional succession, whilst the majority consider that it was a coup dtat. The Permanent Council of the Organization of American States (OAS) met at an emergency session and adopted a resolution "condemning the coup dtat in Honduras and supporting the government of President Jos Manuel Zelaya and the democratic continuity of the Central American country. The majority of the countries in the region, the United Nations and the European Union claimed that it was essential to reinstate the deposed President and refused to recognise the mandate for Micheletti. However, the assembly and Micheletti himself remained firm in their decision. EI and its Honduran affiliates (COLPROSUMAH, COPEMH, COPRUMH and PRICPHMA) and other organisations in Latin America energetically condemned the breakdown of democratic legality and in various ways demonstrated their solidarity with the people of Honduras. In 2009, the violence that followed the coup took the lives of at least 12 trade unionists. Special targets of this violence were members of the National Resistance Front against the Coup dEtat, which also involved the trade union confederations and numerous civil society, women and youth organisations.
At the end of 2009, in the midst of this deep-seated crisis, Honduras held elections under the attentive eyes of the international community. The winner was Porfirio Lobo Sosa, an agricultural businessman from the conservative Partido Nacional. Lobo Sosa took over a divided country, subject to the democratic scrutiny of the international community, part of which (including the OAS, which is keeping Honduras suspended from the organisation) is closely observing political developments in this Central American country. According to a document filtered by WikiLeaks , the US Embassy had to intervene to persuade Lobo Sosa to abandon his intention of naming the general who perpetrated the coup, Romeo Vsquez, as Minister of Defence.
Honduras is one of the poorest countries of Central America; approximately 66% of households live in poverty and 45% survive on less than 1 US$ a day. Its economy is essentially based on agriculture. The maquiladoras(assembly plants specialising above all in the textile sector) employ mainly female labour with little or no training and little schooling and unaware of their labour rights. These companies, mostly foreign, apply an openly anti-union policy and have reacted violently against workers trying to organise themselves in defence of their rights. In Honduras too, Solidarismo has spread its vision of labour organisation and stood in the way of the development of the trade union movement.
Honduras has also suffered the consequences of the serious worldwide economic crisis, with its growth falling from 6% in 2007 to 2% in 2009 and inflation up to 15% in the same year.
Considered to be one of the South American countries through which drugs pass on their way to the United States, Honduras is also suffering the effects of the violence linked to drug trafficking.
Freedom of expression and freedom of the press are severely threatened and several journalists were assassinated in 2009 and 2010.
Although the law prohibits any discrimination based on race, gender or origin, the political, military and social elite act with total impunity. The security forces are accused of participating in extrajudicial, arbitrary and summary executions. It is thought that there were members of the security forces among the groups of vigilantes which killed street children.
There are no laws on access to government information, but access to the Internet is not prohibited.
Honduras is a country of origin and transit for trafficking in women and children for the purpose of forced labour and sexual exploitation.
Amnesty International reports that homosexuals and transsexuals suffer discrimination and sometimes serious attacks.
Persons living with HIV or suffering from AIDS are subject to discrimination, stigma and social prejudice. In March 2011 it was estimated that there were 27,000 young people with HIV/AIDS. The area of San Pedro Sula is where there is the highest prevalence of HIV/AIDS in Central America. There are some 14,000 orphans due to HIV/AIDS-related deaths.
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Education Rights
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The law guarantees free, universal and compulsory education up to the age of 13. Parents who fail to enrol their children for school can be fined. Girls have an average of 5.6 years at primary school and boys 5.3 years. High drop-out rates, low levels of enrolment for secondary school and insufficient investments in education all contribute towards the poor quality of education. Since 2010 the teachers organisations in Honduras have been mobilising, demanding that the State settle the debt it owes to the Instituto de Previsin del Magisterio IMPREMA, which is over five billion lempiras (approximately 300 million US$) and is preventing the Institute from guaranteeing the pensions of retired teachers.
According to UNESCO reports, the pass rate in subjects such as Mathematics and Language in Honduras is 47%, which represents some 30 points less than the level required in the Millennium Development Goals (MDGs), set at 70% by the UN in 2000. Despite the fact that Honduras raised the literacy level from 68% to 80% during the 90s, this has not been enough to bring this nations education up to the same level as in neighbouring States.
In addition, the European Union (EU) has denounced the fact that the Tegucigalpa government mishandled the 1.15 million dollars provided between 2008 and 2009 to finance educational programmes in Honduras.
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Early Childhood Education (ECE)
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The pre-school programme is from the ages of three to six. The net enrolment rate (NER) is 40%. Of the 9,694 teachers (94% women) working at this level, 64% are suitably trained. The pupil/teacher ratio (PTR) is 20:1.
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Primary Education
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Education is compulsory between the ages of 6 and 11. Primary education begins at the age of six and lasts for six years. 49% of pupils are girls. The NER is 97% (49% girls). Of the pupils who enrol for the first grade, 84% reach the final grade of primary. 8% of pupils repeat a grade. The number of teachers in primary education is 38,212 (75% women) and 87% are properly trained. The PTR is 28:1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at the age of 12 for 5 years. 30% of lower secondary pupils and 46% of upper secondary pupils follow technical training courses. The gross enrolment rate is 65%. There are 16,667 teachers in secondary education, 11,284 (56% women) in lower secondary and 5,383 (52% women) in upper secondary. The PTR is 28:1 in lower secondary and 45:1 in upper secondary.
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Tertiary/Higher Education
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417,743 students (60% women) study at tertiary institutions, with a gross enrolment rate of 18%. There are 6,545 students studying abroad, particularly in the US (1,822), Germany (1,192), France (849), the UK (370) and Saudi Arabia (370).
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Children with Special Needs
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Although there are no formal barriers to participation in education for the estimated 700,000 persons with disabilities, no legal or constitutional protection exists. Children with mild to moderate intellectual disabilities are integrated into the mainstream educational system. Young people with severe disabilities are educated separately in private or semi-private specialised centres and work in sheltered or occupational workshops. There are 17 special education centres, mostly sustained by NGOs. The majority of the centres work with children of pre-school or primary school age.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967, and the government has established a system for protection of refugees. Most of the of the Nicaraguan and Salvadoran refugees who spent many years in Honduras have been repatriated.
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Minorities and Indigenous Peoples
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Few minorities or indigenous people are in positions of responsibility. Around 9% of the general population from Afro-Caribbean ethnic groups - Miskitos, Tawahkas, Pech, Tolupans, Lencas, Chortis, Nahual, Islanders and Garifunas - live in 362 communities and have little or no political power to make decisions affecting their lands or their education.
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Academic Freedom
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It is reported that the authorities intervene in the nomination of top university administration officials. Private universities have a smaller percentage of tenured, full-time teachers. Due to the countrys economic situation, most teachers have an additional job which is their main source of income. Part-time faculty members do not enjoy the same rights as permanent teaching staff. Many teachers work in more than one university at the same time.
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Gender Equality
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Men and women are equal before the law, and a Cabinet-level group develops policies on gender equality. Women have equal access to education and in fact more girls than boys complete their schooling. However, there are still few women in the majority of professions and cultural attitudes continue to limit professional opportunities. Companies must pay equal wages for work of equal value, but the positions normally occupied by women are considered to be less demanding so as to justify low wages.
Most women work in the informal sector, where wages are very low, benefits are non-existent, and there are no regulations or protections of any kind in this sector. The law prohibits sexual harassment at the workplace but in practice it is still a problem. Women receive four weeks maternity leave before the birth and six weeks after the child is born. Pregnant employees and new mothers are protected from dismissal. Violence against women is widespread, especially in the home environment. Women are trafficked for the purpose of sexual exploitation and debt bondage.
In 2009 there were serious infringements of the rights of female trade unionists, including rape and beatings. Also on record is the violent dislodgement of feminists, indigenous women and peasants who had peacefully occupied the Honduran National Institute of Women (INAM). There are 19 eye-witness reports collected by the Feminist Observatory on violence against women, which is an indicator of the harassment, violence and sexual aggression against women on the part of the forces of oppression since the coup dtat.
According to statistics from the Observatory of Women's Human Rights of the Centre for Women's Rights (CDM), between 2002 and 2010 1,778 women were murdered in Honduras, almost a half of them between 15 and 29 years of age. In addition, 597 women were victims of violence in 2010 including 343 feminicides up by 85% over the last two years. According to the Special Prosecutors Office for Women, out of a total of 944 cases (2008-2010) of violent deaths of women, only 61 convictions were obtained (6.4%). This situation demonstrates a significant increase in gender-based violence since the coup dtat. In a document published at the end of 2010, the CDM reveals how the coup meant the collapse and delegitimisation of the scant institutionality and existing mechanisms created through the efforts and struggles of feminist organisations to guarantee respect for and the enjoyment of human rights. Given this situation, the document denounces the fact that the government formed as an extension of the coup is limiting itself to efforts to cover up the permanent violations of the human rights of the Honduran population and of women in particular, without guaranteeing the functioning of the necessary mechanisms to prevent, investigate and penalise violence against women.
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Child Labour
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The minimum age for employment is 16, although children of 14 and 15 can work with the permission of their parents and the Ministry of Labour, but the law is not enforced. To hire children aged 14 and 15, companies must certify that the child has completed compulsory schooling. Minors aged 14 and 15 can work 4 hours a day and 20 hours a week; minors of 16 and 17 can work 6 hours a day and 30 hours a week. The law prohibits night work and overtime for minors under the age of 16. Companies employing more than 20 children must provide an area to serve as a school. However, children work illegally for their families or in the informal sector. 74% of working children are boys, 69% live in rural areas, 56% work in agriculture and 24.4% in commerce.
According to ILO data, child labour affects over 350,000 children, which corresponds to 15% of those aged between 5 and 17. Some 13% are in hazardous jobs, prohibited by national and international legislation. 58% of child labour is concentrated in the agricultural sector. Girls mostly work in domestic service; the data are imprecise but it is considered that the phenomenon is widespread. Only 40% of working children go to school.
Many street children suffer sexual abuse or exploitation. Child abuse is another serious problem. The UN Special Rapporteur on extrajudicial, summary or arbitrary executions reports that the security forces cover up their involvement in the summary execution of children and young people.
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Trade Union Rights
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Workers have the right to form and join unions. 7.3% of the labour force is unionised. The ILO lists areas where the labour law does not comply with freedom of association. Trade union members have the right to strike and collective bargaining and make use of these rights but the law prohibits strikes in basic services.
Employers are promoting solidarity associations of workers, run by company managers, to provide credit and other services to members. The unions criticise these employer-dominated associations because they forbid strikes and have inadequate grievance procedures, with a view to displacing independent trade unions. Companies also use other means to place obstacles in the way of trade union organisation, such as actions for infringement of fundamental rights and freedoms to have unions dissolved. When there is a company union, the management constantly use tactics such as the imposition of arbitrary rules, threats of punishment and reprisals and ill-treatment of union members.
The ILO has criticised the restrictions on strikes in petroleum-related industries and noted that labour federations and confederations are prohibited from calling strikes.
Forced and compulsory labour is illegal, but it is reported to exist. Prison labour can be compulsory for detainees and convicted criminals.
The minimum wage in effect does not provide for a decent living for workers and their families. The working day is 8 hours and the working week 44 hours.
On 30 July 2009, Roger Abraham Vallejo, a primary school teacher and member of the College of Secondary School Teachers of Honduras (COPEMH), was shot in the head during a demonstration. Since Vallejos funeral, another teacher, also a member of COPEMH, Martn Florencio Rivera, died after being stabbed 27 times. In August there was another instance of intimidation of unions when Saturnino nchez, President of the Honduran Professional College for the Advancement of Teaching (COLPROSUMAH), was brutally beaten up.
In January 2011, the members of the Honduran Federation of Teachers Organisations (FOMH) initiated action to demand respect for the Teachers Statute, suspended after being published in the official State Gazette. An alleged error in the publication of decree 136-2010 in the State Gazette set alarm bells ringing among teachers nationwide. The decree also suspended de-indexing of the minimum wage established for the professional statutes.
Demonstrations also followed in Tegucigalpa rejecting the Law to Strengthen Public Education and Community Participation that had been passed by Congress. Honduran teachers protested against the said law because they consider it to be another step towards the privatisation of education and the end of the teachers statute. Despite the demonstrations being peaceful, they were violently squashed by the Honduran police. The wave of repression caused the death of teacher Ilse Velzquez and entailed the arrest of at least 50 others. In March, a criminal report was received by the Special Prosecutors Office for Human Rights in the Republic of Honduras against Porfirio Lobo Sosa, Juan Orlando Hernndez and Oscar lvarez due to the repression of the teachers protest movements.
In April 2011, Porfirio Lobo Sosa announced that teachers continuing with their strike would be suspended. The teachers unions kept up their protests. Lobo Sosa indicated that the suspensions would be for two months to a year. He also said that the strike was illegal because teachers did not go through all the legal procedures before calling it. The leaders of the teachers unions asked the 305 teachers who were sanctioned to ignore the legal measure, turn up for class and stop replacements from entering educational establishments to take their place. They are called upon to turn up for class because that is where the struggle is, in schools, declared Edgardo Casaa, President of the Professional Association of School Teachers of Honduras (COPRUMH), maintaining that we must defend the place and the wages of teachers. The trade union leaders decided to suspend the dialogue initiated with the government when it was announced in the State Gazette that 305 teachers had been sanctioned nationwide.
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Footnotes
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Sources:
Annual Survey of Violations of Trade Union Rights 2010, ITUC-CSI, www.ituc-csi.org
Education International, Regional Office for Latin America, www.ei-ie-al.org
Annual Survey of Violations of Trade Union Rights 2010, ITUC-CSI, www.ituc-csi.org
Ni golpes de Estado, ni golpes contra las mujeres, March 2011, LATIN AMERICAN INFORMATION AGENCY, https://alainet.org
ITUC-CSI, Annual Survey of Violations of Trade Union Rights 2010, www.ituc-csi.org
State of the World Population 2010. From Conflict and Crisis to Renewal: Generations of Change UNFPA, November 2010, www.unfpa.org (English)
Women in National Parliaments, World Classification March 2011, Inter-Parliamentary Union, www.ipu.org
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