must also pay the cayuquero. 24 Moreover, divers may work for 12 or even 17 consecutive
days without rest, and their work is dictated by the captain of the fishing boat. According to
the Special Prosecutor's Office, divers receive their payment when the product of the catch is
paid for by the packing plant and, while this happens, the boat owners give “credit” to the
divers in the form of food, alcoholic beverages and clothing, after which those amounts are
deducted from their wages. It also pointed out that the number of divers aboard the fishing
vessels normally exceeds the capacity for which they were designed, and that there is no
proper or thorough inspection of the quantity, quality and maintenance of the diving
equipment, which leads to accidents involving the explosion of cylinders. Even in these
conditions, the “captains” of the boats have forced divers to dive to depths of up to 140 feet
(more than 40 meters deep). 25
36.
In 2007, the International Labor Organization (hereinafter “ILO”) reported that diving
for lobster fishing is a very important activity for the region of La Mosquitia and is “very
dangerous.” It emphasized that this activity is carried out by young men aged between 14
and 25 years, for 10 or 12 days during fishing trips, and that many of these divers die or
become disabled for life. It also noted that the trade and agricultural or fishery production
sector hires cheap temporary labor and that in coastal Miskito communities, 75% of children
and adolescents over the age of 13 work in the fishing sector as cayuqueros (canoe oarsmen)
or divers. The ILO pointed out that some children who work in traditional fishing and diving
activities suffer from health problems such as sunstroke, back pain, vomiting, dizziness,
burns, respiratory diseases, harpoon accidents, and physical or mental disabilities. 26
37.
On May 30, 2001, the Secretary of State in the Department of Labor and Social
Security of Honduras issued Executive Decree No. STSS 116-01, which approved the
Occupational Safety and Health Regulations for Underwater Fishing (hereinafter “the Fishing
Regulations”). These regulations establish the minimum safety and health requirements for
work on fishing vessels. The Fishing Regulations state that employers who fail to comply with
their obligations will be sanctioned by the Ministry of Labor and Social Security, which will
evaluate and classify the violations and impose sanctions by applying the provisions of the
Labor Code. One of the considering paragraphs states the following:
That given the high rate and seriousness of the occupational risks recorded in
underwater fishing activities, there is an urgent need to establish regulatory standards
to facilitate the application of Title V and other provisions contained in the Labor Code,
concerning the protection of the health of workers against the risks arising from the
working conditions of underwater fishing.
38.
The Inter-American Commission noted in its Merits Report that, as of 2015, the only
source of employment for Miskito men was dive fishing, which continues to be carried out in
the absence of basic safety conditions. From the testimonies gathered during an on-site visit,
the following points stood out:
[...] the work of the divers takes place informally without any contract or safety, and
involves the use of defective equipment and exploitation [...]the equipment used for
24
A cayuquero is the oarsman of a cayuco, defined as a “one-piece Indian boat, smaller than a canoe, with a
flat bottom and no keel, which is steered and moved with the paddle.” Cf. Diccionario de la Lengua Española de la
Real Academia Española.
25
Cf. Special Prosecutor's Office for Ethnic Affairs and Cultural Heritage. Study on the Problems of the Divers of
the Honduran Mosquitia. Honduras, 2001 (evidence file, folios 6966 to 6968).
Cf. International Labour Organization. Child Labour and Indigenous Peoples. International Program for the
Eradication of Child Labour, September 2007, (evidence file, folios 6846 and 6894).
26
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