violations found in this report. This recommendation includes both the criminal and administrative
investigations, with respect not only to those persons and companies associated with the victims through labor
relationships, but also to the state authorities who failed in their duties of inspection, oversight, and response
in the terms expressed in this report.
5.
Adopt legislative, administrative, and other measures to avoid the recurrence of similar facts
in the future. In particular, the State should:
- Perform a serious and complete assessment of the issues faced by the Miskito divers in the region,
with the aim of identifying the structural causes that gave rise to the human rights violations found in
this report on the merits.
- Implement measures for confronting such structural causes and eradicate the problematic situation
definitively. This includes, among other measures, adequate regulation of underwater fishing activities
in keeping with the standards described in this report on the merits, as well as the mechanisms for
enforcing that regulation in situations of non-compliance; for these purposes the State should create a
control and monitoring system that includes arrangements for transparency and participation that
make it possible to identify and take timely action in the face of human rights violations in the context
of commercial fishing operations.
- Strengthen its institutions to ensure that they carry out their obligation to oversee and inspect
companies that carry out dangerous activities.
- Include necessary and sustainable measures aimed at expanding job opportunities for the population
where the facts of the instant case occurred, in an inclusive and participatory framework.
- The State should establish, as a minimum, specific guarantees of social protection for diseases and
accidents related to work in hazardous activities.
6.
Undertake campaigns to provide relevant information on the rights of workers related to
occupational safety and health in the region where the events took place.
7.
Repay the outlays of the Legal Assistance Fund of the Inter-American Commission.
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