According to the information received, there are no mechanisms to supervise the working conditions of the Miskito divers. Also, there is little presence of the State in the area to offer protection and judicial guarantees for the divers. The State indicated that it would examine the subject in depth to find a solution.27 48. As for the resources available to the Miskito divers, AMHBLI pointed out that the proceeding to secure compensation is as follows: i) filing the labor complaint at the office of the Secretariat for Labor Affairs in La Ceiba or Tegucigalpa; ii) subpoenaing the employer so he can admit or not admit the fact; iii) medical ruling of temporary disability and for compensation; iv) calculating the labor entitlements by the Secretariat for Labor Affairs based on the data submitted by the worker; v) notifying the employer; and vi) submitting the labor complaint.28 49. The State Secretariat in the Offices for Labor Affairs and Social Security indicated that most compensations paid to Miskito divers have been agreed upon without having done the calculation pertaining to each case, because the claimants had to be evaluated by specialized physicians of the Ministry of Labor.29 50. AMHBLI also contended in its report that, in 2001, the Miskito divers with disabilities received between 2,000 and 20.000 lempiras in the framework of a supposed agreement outside formal proceedings, amounts that are equivalent to about 1% of the real amount of the harm. AMHBLI explained that disabled divers accept these agreements because of their needs, whereas formal proceedings might require delays of between six months and one year, and also because they do not benefit from the advisory services they need in their own language. It added that, on many occasions, the affected diver is misled by the employer who verbally offers to provide him further economic support, and there are clues indicating that certain employees of the Secretariat are bribed and collude with the employers in the above-mentioned settlements.30 C. On the situation of the alleged victims 51. For the facts alleged below, the IACHR takes note of the documentation submitted by both parties, including letters of administrative or judicial case files and statements made by the alleged victims or their next of kin. The IACHR observes that, in some cases, there are inaccuracies about the dates of the accidents, as well as minimum differences in the names of the alleged victims. The Commission believes that these inaccuracies do not undermine the consistency of the information provided. Furthermore, the IACHR stresses that the State of Honduras has not challenged the occurrence of the facts described below. 52. In addition, throughout the proceedings, the petitioners referred to 43 alleged victims but they did not submit specific information about one of them, Especel Bradle Valeriano. The Commission observes that, from the case file, it has emerged as a reference that Mr. Bradle Valeriano submitted to the authorities under domestic law information about the decease of his brother-in-law Roger Gómez Alfred, one of the alleged victims of the case. In addition, the IACHR observes that the petitioners stated that it does not have information on the circumstances and consequences of the accidents suffered by Mr. Bradle Valeriano and that they have not had access to the respective administrative or judicial records. 31 Consequently, said person will only be considered as an alleged victim as a relative of Mr. Gómez, as indicated in the only annex. 53. In that regard, the IACHR proceeds to engage in specifying the alleged facts about the situation of 42 alleged victims and their next of kin, including in each case the information available about each one of them, the accident(s) of each, and the response obtained from the state authorities. IACHR. Report on the Situation of Human Rights in Honduras. OEA/Ser.L/V/II. Doc. 42/15. December 31, 2015. Paragraphs 427-435. AMHBLI Report. Review of the Situation of Injured Divers of the Miskito Area. Annex to the communication from the petitioners received on November 5, 2004. 29 Secretary of State in the Offices for Labor Affairs and Social Security. General Social Security Department. Annex to the documentation submitted by the State at the hearing held during the 143rd Period of Sessions of the IACHR. 30 AMHBLI Report. Review of the Situation of Injured Divers of the Miskito Area. Annex to the communication from the petitioners received on November 5, 2004. Regarding irregularities in administrative proceedings, see also: Communication from AMHBLI and Handicap International of October 11, 2003. Annex to the communication from the petitioners received on November 5, 2004. 31 Observations on the merits from the petitioners, April 2, 2010. 27 28 9

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