of Honduras and Nicaragua is carried out by diving, and not by artisanal fishing. PAHO has
noted that Miskito boys begin this work when they are 14 years old, that it takes place outside
of current labor legislation and that it causes occupational accidents, intoxications and
disabilities in people of working age. Of the 9,000 divers involved in lobster fishing – 98 per
cent of whom are Miskitos – 97 per cent have suffered some type of decompression-related
syndrome and 4,200 are totally or partially disabled. 19
32.
Deep-sea dive fishing can produce, inter alia, the following consequences: i) drowning;
ii) air embolism; iii) excessive lung inflammation; iv) decompression sickness; v)
hypothermia; vi) barotrauma; and vii) carbon monoxide poisoning. 20 Decompression
sickness, in particular, is caused by a rapid reduction in pressure (e.g., during ascent from a
dive), and the appropriate treatment is to place the diver in a hyperbaric chamber. However,
according to PAHO, most diving accidents are preventable when the diver is in good physical
condition, has adequate training, abstains from drinking, smoking or consuming illegal drugs,
dives in the company of others, does not ascend above sea level until 12 hours after a dive,
does not dive more than three times on the same day, uses insulating suits in cold water,
regularly checks the equipment and has a previous medical examination. In addition, fishing
boats should maintain communication with the land and carry oxygen on board. 21
33.
In relation to the above, the Inter-American Development Bank (hereinafter “IDB”)
has reported that one of the main problems faced by Miskito divers is the fact that fishing
companies do not meet the minimum standards required to work in dive fishing, since they
do not offer formal employment contracts or provide appropriate equipment to perform this
activity, and therefore divers lack adequate safety conditions. The IDB has also noted that
some divers have been offered drugs in order to help them remain fishing underwater for as
long as possible, and in some cases they receive part of their wages in cash and part in
drugs. 22
34.
Similarly, the National Commissioner for Human Rights (hereinafter “CONADEH”) and
AMHBLI have reported that, since 2001, Miskitos who are recruited to be divers do not receive
training on diving techniques or on safety measures. They have also reported that those
affected by accidents have not received compensation for the harm caused or for the illnesses
or disabilities resulting from such accidents. Consequently, due to their injuries and lack of
treatment and compensation, most Miskito divers with disabilities turn to begging. 23
35.
With regard to working conditions, according to the Special Prosecutor's Office for
Ethnic Affairs and Cultural Heritage, Miskito divers receive 45 lempiras per pound of lobster
(approximately one United States dollar and eight-seven cents). With that money, the divers
19
Cf. Pan American Health Organization, Human Rights and Disabilities among Indigenous Peoples, 2004
(evidence file, folios 6357 to 6361).
Cf. Pan American Health Organization, Human Rights and Disabilities among Indigenous Peoples, 2004
(evidence file, folio 6363).
20
21
Cf. Pan American Health Organization, Human Rights and Disabilities among Indigenous Peoples, 2004
(evidence file, folio 6382).
22
6641).
Cf. Inter-American Development Bank. Human Development Report. Honduras 2003 (evidence file, folio
Cf. National Human Rights Commission of Honduras (CONADEH). Final Report. Organizational
Strengthening of Ethnic Groups and Divers in the department of Gracias a Dios. Honduras, 2001 (merits file, folio
29), and AMHBLI Project to Clarify the Legal Situation of Multiple Labor Complaint Cases Filed by Divers with the
Ministry of Labor, September 24, 2003. (merits file, folio 29).
23
11