fishing constitutes the principal source of work in the area, “especially for Miskito men, who start this kind of
activity when they are about 14 years old.”11
35.
According to PAHO, the illnesses that can appear from deep diving, as in the case of the Miskito
divers, are as follows: i) drowning; ii) arterial gas embolism (AGE); iii) lung overpressure; iv) the bends
(decompression sickness) (DCS); v) hypothermia; vi) barotrauma; v) carbon monoxide poisoning, among
others.12
36.
Several of these problems occur because of high underwater pressure, in particular
decompression; the appropriate treatment is to put the diver in a hyperbaric chamber.13 Inside the hyperbaric
chamber the atmospheric pressure is changed in order to simulate diving conditions so that when the diver is
inside he can breathe in oxygen and exhale carbon dioxide. The length of the time of treatment depends a great
deal on each patient and each injury.14 Although access to treatment in hyperbaric chambers is indispensable
in cases of very deep diving, the role of the rehabilitation services that are carried out afterwards is essential
for the adequate recovery of the divers.15 The impacts of decompression include the destruction of bony tissue,
mainly in the arms or legs, which can lead to irreversible paralysis.16 In certain cases, the injury is so severe
that it cannot be remedied, even with appropriate treatment.17
37.
According to PAHO, most accidents are preventable by ensuring sound bodily fitness and
suitable training. For preventive purposes, the divers must: i) refrain from drinking alcohol, smoking, or using
illicit drugs; ii) always dive with someone else; iii) speed of ascent must be slower than 60 feet per minute; iv)
no ascending above sea level; v) no more than three dives per day; and vi) keep contact between the vessel and
the shore. In addition, the vessels must carry oxygen tanks on board and the equipment must be reviewed
periodically.18
38.
The National Human Rights Commissioner (Comisionado Nacional de los Derechos Humanos,
hereinafter CONADEH) and the Honduran Miskito Association for Injured Divers (Asociación Miskitos
Hondureños de Buzos Lisiados, hereinafter la AMHBLI) indicated that, since 2001, when the Miskitos began to
be recruited to be divers they have not received any training on diving techniques or safety measures to be
adopted, especially when they engage in very deep diving; in addition, in the area, there is no school or training
center for safe diving. CONADEH, in its 2001 report, pointed out that the Miskito divers did not receive any
medical assistance from their employers and that, in the event of an accident during their diving activities, their
right to rehabilitation treatment is not recognized. It also indicated that a high percentage of persons impacted
did not receive any compensation for the injuries sustained.19 According to the Honduran Miskito Association
for Injured Divers, most Miskitos with a disability earn their livelihood by begging.20
39.
According to the Office of the Special Prosecutor for Ethnic Groups and Cultural Heritage
(Fiscalía Especial de Etnias y Patrimonio Cultural), in its 2001 report, the Miskitos receive 45 lempiras per
IACHR. Report on the Situation of Human Rights in Honduras. OEA/Ser.L/V/II. Doc. 42/15. December 31, 2015. Para. 428.
Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
13 Merck Manual of Medical Information—Home Edition. Accidents and injuries. Diving injuries. Annex to the communication from the
petitioners received on November 5, 2004.
14 Interview with Rafael Díaz, physician at the Cornerstone Hyperbaric Chamber and Medical Clinic, on January 25, 2008. Annex to the
communication from the petitioners of April 2, 2010.
15 Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
16 Merck Manual of Medical Information—Home Edition. Accidents and injuries. Diving injuries. Annex to the communication from the
petitioners received on November 5, 2004.
17 Merck Manual of Medical Information—Home Edition. Accidents and injuries. Diving injuries. Annex to the communication from the
petitioners received on November 5, 2004.
18 Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
19 National Human Rights Commissioner of Honduras (CONADEH). Final Report. Organizational Capacity Building of Ethnic Groups and
Divers of the Department of Gracias a Dios, Honduras. 2001. Annex to the communication from the petitioners received on November 5,
2004.
20 AMHBLI Project to Clarify the Legal Situation of Multiple Labor Complaint Cases Filed by Divers with the Ministry of Labor, September
24, 2003. Annex to the communication from the petitioners received on November 5, 2004.
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