diving is old and does not benefit from any maintenance, nor is there adequate training,
which is provided by co-workers who have not had any training either. The divers spend
long periods of time diving, extending from 12 to 17 days, and in order to fish larger
quantities of seafood, they are forced to stay in the sea at great depths for prolonged
periods and return to the surface very quickly, in contravention of diving safety
standards. All of this takes place without proper supervision by the State. Therefore,
divers run the risk of suffering from preventable accidents such as drowning or
decompression sickness.
[...] as a result of these conditions, various Miskito divers have died or sustained
permanent physical and mental injuries [...] the absence of rehabilitation measures and
a hyperbaric chamber that would be able to immediately help divers suffering from
decompression sickness in La Mosquitia has led to permanent disabilities for hundreds
of them over the years. Nevertheless, neither the company selling the lobsters that
employs them, nor the State, has adopted measures to prevent this situation from
continuing or to take care of those suffering from some type of disability. The
Commission was informed that, in 2013, 20 persons were reported dead as a result of
underwater fishing accidents and about 400 persons were reported injured. Honduras is
the country with the world’s highest number of persons suffering from decompression
sickness. Furthermore, the State does not keep a record with information about the
accidents sustained or the number of divers injured or killed.
The IACHR also learned that, once the Miskito divers are physically disabled for life, they
find no empowerment, rehabilitation, medical care, or any other employment [...].Even
when living as injured persons, because of the absence of other job alternatives, on
many occasions Miskito divers continue to carry out their respective activities. According
to information received by the Commission, this leads to the worsening of the disability
and even more severe impacts on the family, such as difficulties in ensuring access to
education for those who depend on them financially and breakup of the nuclear family.
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
39.
Regarding the remedies available to Miskito divers, the procedure for requesting
compensation for work-related accidents is as follows: i) presentation of the labor claim at
the office of the Ministry of Labor in La Ceiba or Tegucigalpa; ii) summons to the employer to
accept or not the facts; iii) medical report of temporary disability to claim compensation; iv)
calculation of labor rights by the Ministry of Labor based on data presented by the worker; v)
notification to the employer; and vi) filing of the labor lawsuit. Most of the indemnities paid
to Miskito divers have been agreed without the corresponding calculation for each case, since
the claimants must be evaluated by specialized doctors from the Ministry of Labor. 28
C.
The situation of the victims
40.
The Court recalls that the instant case concerns 42 victims of the Miskito indigenous
community living in the department of Gracias a Dios and their next of kin, who are divided
into four groups: 29 a) 34 divers who suffered accidents due to deep dives which caused them
27
Inter-American Commission on Human Rights. Report on the Situation of Human Rights in Honduras,
December 31, 2015, paras. 427 to 435.
28
Cf. Report of AMHBLI. Analysis of the Situation of Injured Divers of the Miskito Zone (merits file, folio 31).
29
For a description of the facts related to each of the victims, see Annex 2 of this Judgment.
13