compliance with this agreement based on its international obligations.” 13 Therefore, taking
into account the foregoing, the Court will refer briefly to the context and facts that resulted
in the violations in this case, which that were analyzed in Chapter IV “Factual Determinations”
of the Merits Report, and in Chapter V “Legal Analysis, as well as to the different facts related
to each of the victims in this case. 14
A.
The Miskito indigenous people in the department of Gracias a Dios
28.
The Miskitos are a binational indigenous people who share the border territories of
Honduras and Nicaragua. In 2003, the Miskito population numbered approximately 40,000,
and was mostly concentrated in rural areas of the department of Gracias a Dios (hereinafter
“the department” or “Gracias a Dios”), in Honduras.
29.
According to reports of the World Bank and the United Nations Development Program
(hereinafter “UNDP”), in 2003, the department of Gracias a Dios had high rates of poverty,
illiteracy, unemployment, chronic malnutrition, lack of sanitation and electricity services, and
a lack of water sources, among other problems. In terms of health services, although the
department of Gracias a Dios has health centers, these are difficult to access for the region’s
population, due to the distances involved and the poor condition of the roads. 15
30.
For its part, the Pan American Health Organization (hereinafter “PAHO”) has pointed
out that people living in the department have few formal employment opportunities, and that
there is a limited government presence in the area due to its remote geographical location
and the high costs of access. 16 In this regard, the Inter-American Commission has noted that,
in 2014, this region continued to be one of the poorest and most isolated areas of Honduras,
with no road connecting it to the rest of the country and only accessible by air or sea. 17
B.
Underwater fishing by Miskito divers: working conditions, their effects and
domestic proceedings
31.
According to PAHO, the subsistence activities of the Miskito people mainly involve
agricultural work, artisanal fishing and paid work for young men as divers for lobster and
shrimp fishing. Traditionally, the Miskito men practiced “free diving” (without equipment) to
catch lobster for family consumption, not going deeper than 40 to 60 feet in their dives.
However, due to the increased commercialization of this activity, which represents an
important source of income for the Honduran economy, 18 lobster fishing on the Atlantic Coast
13
Friendly Settlement Agreement Case CDH-10-2019, Lemoth Morris et al. (Miskito Divers) v. Honduras (merits
file, folio 710).
14
Unless stated to the contrary, the description of the facts contained in this chapter appears in paragraphs 31
to 307 of the Merits Report, in the terms acknowledged by the State.
15
Cf. World Bank. Honduras. Conceptual Framework for Interventions with Indigenous and Afro Communities in
the project “Trade Facilitation and Enhancing Competitiveness” (evidence file, folio 6301), and United Nations
Development Program. Human Development Report Honduras, 2003, page 104.
Cf. Pan American Health Organization, Human Rights and Disability among Indigenous Peoples, 2004
(evidence file, folios 6356-6357).
16
17
Cf. Inter-American Commission on Human Rights. 2015 Report on the Human Rights Situation in Honduras,
para. 427.
According to a report, in 2011, Honduras produced 10,000 metric tons of lobster, earning revenues of US$ 70
million and generating 30,000 direct temporary jobs. Cf. United Nations Development Program (UNDP), Honduran
Private Enterprise Council (COHEP), Netherlands Development Cooperation Service (SNV) and Secretariat of Planning
and External Cooperation (SEPLAN), Report on productive sectors, strategic chains and enterprises for a supplier
development program, Tegucigalpa, 2012, pp. 46 to 47.
18
10