be represented by the labor public defender’s office (Procuraduría del Trabajo), which
operates in the regional offices of the Secretariat of Labor located in La Ceiba and Puerto
Lempira.
19.
The State asserts that most of the judicial public employees of the
department of Gracias a Dios speak the Miskitu language. While the procedures are all written
in Spanish, which is the official language of Honduras, interpreters are provided where
required. With respect to the requirement of having legal counsel, the State indicates that the
Labor Code establishes that the parties may act on their own, without the participation of
counsel, in non-appealable proceedings and in conciliation hearings.
20.
With respect to the petitioners’ arguments on the geographic difficulties or
high transport costs for the petitioners to gain access to administrative and judicial
proceedings, it argues that it is a generalized and very subjective assessment on their part,
it recognizes that there may have been transportation difficulties, but in no way does it accept
that it maintains a factual or legal obstacle in place.22 The State asserts that to keep the
Miskitu from moving to the cities of Tegucigalpa and San Pedro Sula, the Secretariat for Labor
and Social Security, through the Social Security Bureau, has appointed qualified staff in the
regional offices in La Ceiba and Gracias a Dios, where administrative claims may be filed. It
adds that to keep the persons affected from having to go to Tegucigalpa to establish the
compensation, they are evaluated at the Hospital of Puerto Lempira, department of Gracias a
Dios; if the company’s domicile is in the Bay Islands or La Ceiba, the evaluation will be done
in the cities closest to its jurisdiction.23
21.
The State asserts that the persons affected and individually identified by the
petitioners had access to the administration of justice, in both the administrative and judicial
forums, yet the proceedings did not conclude due to omission and abandonment of them. To
this end, the State submits information to show that the alleged victims and their next-of-kin
had recourse to the offices of the Secretariat of Labor in Puerto Lempira, La Ceiba, and Roatán,
but did not follow up on the proceedings they themselves initiated. It states that it has carried
out its duties indicated in the legal proceeding and cites specific cases 24 of compensation paid
for fatal accident.25 In addition, it notes that the Secretariat for Labor has a record of 57
cases on which conciliation was reached from 1997 to 2001. 26
22.
It adds that the Miskitu divers were provided services correctly, they were
referred in timely fashion to the Medical Evaluation Unit of the Secretariat for Labor, the labor
compensation due was calculated, the employers were summonsed, a record was made of
the conciliatory agreements between the parties when they were reached, and, if the
employers did not appear, they were given the certifications needed to file a judicial action. 27
22 State’s brief of observations, May 29, 2008, p. 14.
23
24 Roger Alfred Gómez, Paulino Blakaus Emos, Alí Herrera Ayanco, Mármol Williams García,
José Martínez López, Alfredo Brown Manister, Ramón Allen Felman, and Alfredo Francisco
Brown. State’s brief of observations, February 23, 2005, p. 22.
25 The calculations of compensation prepared by the Occupational Health and Safety
Inspectors at the regional offices at La Ceiba, Puerto Lempira , and the departments of
Atlántida and Gracias a Dios are done at the beginning of the administrative proceeding only
with the data provided by the workers prior to a medical evaluation. The calculation of
compensation is based on the table established by the Labor Code, taking into account the
harm suffered by the worker. State’s brief of observations, February 23, 2005, p. 21.
26 State’s brief of observations submitted to the IACHR, February 23, 2005, p. 22.
27 State’s brief of observations submitted to the IACHR, February 23, 2005, p. 8.