family members. In the face of this situation, there have even been cases in which divers try to commit suicide but are unable to succeed due to their condition.8 12. The petitioners note that the Labor Code does not provide for the special situation of workers in the fishing industry. The Occupational Health and Safety Regulation for 2001 establishes the obligations of employers and workers in relation to the occupational risks associated with fishing, guarantees occupational safety and accident prevention, and sets different safety standards for vessels and for the various activities. 9 They indicate that Honduran legislation provides for the resolution of labor conflicts between employers and workers, administrative actions before the General Labor Bureau (Dirección General del Trabajo)10, and judicial actions before the corresponding Labor Courts (Juzgados de Trabajo)11, and must exhaust administrative remedies before availing themselves of judicial remedies. They argue that in practice these mechanisms are not effective or adequate due to the ineffectiveness of the actions of the judicial and administrative authorities. 13. With respect to the exhaustion of domestic remedies, the petitioners indicate that at least 30 persons turned to the administrative mechanisms, in some cases, and others to judicial mechanisms, without any results whatsoever; the matters all got bogged down at one or another stage of the procedure. They indicate that only Mr. Flaviano Martínez obtained 8 Testimony of Mr. Vismar Oracio, 29 years of age. He suffered decompression syndrome when he was 20 years old in 1994; he was disabled, as he is unable to move his legs, and he suffers from decubitus ulcer. “…mahka pruhan sinra lukisna…wan help ka apusna bara mahka sin pruah aidokisa” “I think about suicide … not being able to fend for myself, I prefer to die.” Petitioners’ brief of November 5, 2004. 9 Some of these obligations indicated in Article 7 of the Regulation are: To provide their workers, free of charge, necessary and adequate diving equipment and equipment for personal protection in keeping with the risks to which they are exposed, perform periodic maintenance on the diving equipment, which should be replaced when completing its useful life, as per the indications provided by the manufacturer; to immediately and adequately transfer the workers from the fishing vessel to the closest hospital or medical center in case of occupational hazard or other situation that affects the workers’ health; to adequately instruct the workers before and during the performance of any work activity as to the risks and hazards they may face, as well as the method for preventing them; to enter into an individual labor contract with each of the workers, approved by the Ministry of Labor and Social Security; to see to it that the workers do not perform their work under the influence of narcotic drugs or alcohol. Petitioners’ brief of December 18, 2007, p. 5. 10 The Labor Code does not establish a clear procedure for administrative conciliation procedures. In practice, the worker affected goes before the offices of the General Labor Bureau located in Tegucigalpa, Puerto Lempira, La Ceiba, and Roatán. Once he presents the labor claim, if it arises from an occupational hazard the worker is referred to the Medical Evaluation Unit, where the calculation of the corresponding compensation is done. The employer is called to a hearing to make the corresponding payment; if the employer does not appear, a certificate is issued to the worker so he can pursue the matter judicially. Petitioners’ brief of December 18, 2007, p. 6. 11 There is no Labor Court in the department of Gracias a Dios. Honduras has a total of 83 courts known as juzgados de Letras for the 18 departments into which the country is divided; only one of these is in Gracias a Dios, in Puerto Lempira. Petitioners’ brief of December 18, 2007, p. 9. See United Nations Development Program, Segundo Informe sobre Desarrollo Humano en Centroamérica y Panamá, Capítulo Desafío de la Calidad Democrática. http://www.estadonacion.or.cr/Region2003/Paginas/ponencias/Adm_Justicia_HON.pdf [Consulted: May 22, 2009].