46
invading the core zone of the [Punta Sal National] Park and [that] others were mucking it
out”; the witness also stated that as a result of a complaint filed with the Corporación
Hondureña de Desarrollo Forestal (National Corporation for Forestry Development, AFECOHDEFOR) by the PROLANSATE foundation, “the national authorities […] terminated [a
timber extraction] contract.”201
152. In Chapter VII, the Court held that it had been established that at least one agent of
the State had been involved in the events that ended the life of Blanca Jeannette KawasFernández, and that such acts were motivated by Ms. Kawas-Fernández’s work in defense of
the environment through the PROLANSATE foundation, especially in retaliation for reporting
and opposing the exploitation of natural resources of certain protected areas in the
municipality of Tela. It is the Court’s view that her death, evidently, resulted in the
deprivation of her right to associate freely with others.
153. As found in other cases,202 it is undeniable that these circumstances have also had
an intimidating effect203 on other people who are engaged in the defense of the environment
in Honduras or that are related to this type of causes. This intimidating effect is reinforced
and exacerbated by the fact that the crime remains unpunished (supra para. 68).
154. Furthermore, in the case sub judice, it has been established that during the decade
following the death of Blanca Jeannette Kawas-Fernández, five people lost their life as a
result of their work in defense of natural resources and the environment in Honduras204
(supra para. 69).
201
Cf. statement rendered by Rafael Sambulá on March 1, 1995, supra note 31, and communication of
February 28, 1996 from the executive director and coordinator of the “Vida y Naturaleza” (Life and Nature) radio
show, broadcast on Radio América, supra note 32. It should be noted that the decree creating Punta Sal National
Park established a system for the management and stewardship of the land comprising the national park which
prohibits its use “for purposes other than conservation.” Article 5 of the Decree No. 154-94 provides that “for
management and stewardship purposes, Punta Sal National Park shall comprise main areas that can meet the park
management objectives [...] a) Core zone, [...] is comprised of natural areas with minimum man-made alterations
that contains unique and fragile ecosystems, species of flora and/or fauna and/or natural phenomena which
deserve full protection for scientific purposes of environmental control. No change to or alteration of the ecosystem
shall be permitted. […] b) Buffer zone: special resources or habitats must be surrounded by a section of land that
acts as a barrier to external impacts. This zone must be broad enough to absorb chemical and physical stressors,
such as air, soil or water pollution, fires, illegal hunting, uncontrolled tourism, and noise. […] The management of
the park shall have the authority to approve or reject any form of economic development in this zone.” In
accordance with Section 14 of the aforesaid decree, the Park’s management that includes a representative of the
PROLANSATE foundation, among others has “the authority to make a decision regarding any form of development
to be built in the protected areas” and may “approve or reject any form of economic development” in the buffer
zone of the Park. Cf. Decree No. 154-94, supra note 28.
202
Cf. García-Santa Cruz. Preliminary Objection, Merits, Reparations and Costs, supra note 183, para. 147.
203
Cf. statement rendered by Rafael Sambulá before the Inter-American Court, supra note 25. In his
statement, the witness said that “initially, there was a great deal of agitation and fear among all the personnel
working for the foundation; the relatives urged the co-workers to be careful because what happened to Jeannette
could happen to us; she was a very responsible person and that she instilled a lot of confidence in the organization
and that in the people who helped and supported us [...].”
204
In 1996, Carlos Escaleras, popular leader of the Honduran Aguán Valley was killed; Carlos Luna,
environmental activist, was murdered in 1998; Carlos Flores, community leader and environmental activist of
Olancho was killed in 2001, and Heraldo Zúñiga and Roger Iván Cartagena, members of the Olancho Environmental
Movement (MAO) were murdered in 2006. Cf. Official Letter No. FEDH-575-2008 of July 2, 2008, supra note 78.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents