The State further argues that the Secretariat of Labor demands that an individual contract be
entered into between employers and workers, as an indispensable requirement for authorizing
the fishing boats to weigh anchor, before which it performs on-site inspections of them and,
during the off-season, it is seen to it that the workers receive the material, equipment, and
training necessary and that repeat diving be planned.
23.
The State argues that to reduce the incidence of accidents due to
decompression syndrome in the population of divers, and to propose productive alternatives
for the development of the Mosquitia region, in 2004 it created the “Inter-institutional
Commission for Reorganizing Commercial Fishing by Diving.” In this regard, it describes the
activities carried out by this commission to control and improve the conditions for underwater
fishing.28 It also argues that it guarantees health promotion through training on safe diving
and that through its hospital network it ensures disability prevention and complete reparations
for the divers affected by their underwater fishing activity. In addition, it indicates that support
has been given to the organizations for protecting divers, with a L.200,000.00 subsidy
allocated by the Secretariat of Government and Justice to the Asociación de Misquitos
Hondureños de Buzos Lisiados (Association of Disabled Honduran Miskitu divers) through the
Coordinadora de Instituciones y Asociaciones de Rehabilitación de Honduras (Coordinating
Body of Rehabilitation Institutors and Associations of Honduras) in 2004 and 2005.
24.
In conclusion, the Honduran State indicates that it has social security,
health, and labor policies aimed at the population engaged in underwater fishing, who have
a legal body that regulates labor relations between employers and workers, the procedures
to be followed, the institutions, and the competent personnel to whom the persons affected
can turn to demand respect for and observance of their rights. Finally, it asks that the petition
be found inadmissible on grounds of failure to exhaust domestic remedies.
IV.
A.
ANALYSIS OF ADMISSIBILITY
Competence ratione personae, ratione temporis, ratione loci and
ratione materiae of the Inter-American Commission
25.
The petitioners are authorized by Article 44 of the American Convention to
file petitions with the IACHR.
26.
The petitioners present as the alleged victims 48 Miskitu divers who were
individually identified in paragraph 15 of this report, and the members of the Miskitu people
who were and are engaged in underwater fishing in the department of Gracias a Dios 29, who
28 The Honduran State indicates that the Inter-institutional Commission on Diving held a
training session in the city of La Ceiba June 15 to 18, 2004 and a Course on Safe Diving in
Guanaja June 10 to 12, 2004, as a result of which 180 persons were trained, including captains
and intermediaries who hire divers; in addition, the General Bureau of Merchant Marine
trained 94 divers from June 7 to 12, 2004, through a Course on Safe Diving Techniques. It
notes that the efforts to provide training fostered by the State have trained 1,225 divers as
of February 2005. In addition, the Secretariat of Labor and Social Security has performed
inspections on the boats through the Occupational Safety and Health Inspector, which in 2004
performed 31 inspections of lobster boats. It indicates that the Honduran Navy performed
inspections of 23 boats in the city of La Ceiba, 23 vessels on the island of Guanaja, and 10
vessels on the Island of Roatán from June to August 2004.
29 According to information from international organizations such as the Pan American Health
Organization, in the department of Gracias a Dios there are approximately 9,000 divers, most
of them members of the Miskitu people, 4,200 of whom have suffered some degree of