14.
In connection with the rights to a fair trial and judicial protection, they pointed out that,
despite awareness about the accidents, deaths, and the disappearance of one of the victims, no criminal
investigations of the case were opened ex officio in order to clarify the truth of the facts, to identify those
persons responsible, or to impose the corresponding sanctions. The petitioners contended that the
administrative resources were inadequate and ineffective to remedy the violations that had been committed.
15.
As due process violations in administrative cases, they pointed out the excessive delay in some
of them and also that the divers and their next of kin did not benefit from any free legal counsel that the Labor
Affairs Prosecution Service should have provided. In addition, they pointed out that the alleged victims did not
have any access to translators to communicate with the civil servants, who only speak Spanish. They reported
that, in the area, there are no courts and that, in order to reach them, they had to travel to Puerto Lempira or
La Ceiba, which are very far way, which is especially difficult for those who have a disability.
16.
They contended that, in most cases, the failure of the administrative authorities to apply
standards of due diligence has been a determining factor in preventing the administrative stage from being
completed. They pointed out that, because the employers did not appear in court and could not be identified
because of the absence of any contract or official registration, the additional steps to exhaust administrative
proceedings so that judicial proceedings could be filed were not taken. They added that the few compensations
ordered in the administrative context were negligible and, in some cases, were not paid because the State did
not proceed to place liens on the employers. They contended that this establishes a failure to comply with
rulings under domestic law.
17.
As for the right to equality and nondiscrimination, they alleged that the Miskitos suffer
from triple discrimination, as persons belonging to indigenous peoples, living in poverty, and suffering from
disabilities. They pointed out that the State has not adopted positive measures to roll back this situation and,
on the contrary, the Miskitos engaged in underwater fishing activities do not benefit from any type of
protection.
18.
In connection with the right to the progressive development of economic, social, and
cultural rights, the petitioners contended that Article 26 of the American Convention must be interpreted
broadly, examining state policies, not merely regulations. They pointed out that the State has not taken the least
measures to ensure basic levels of the right to work, neither before nor after the accidents of the Miskitos. They
indicated that the diving takes place in precarious labor conditions that jeopardize their lives, personal
integrity, and health.
19.
They also alleged that the State has not adopted the minimum safety measures to ensure basic
levels of the right to social security because: i) employers do not sign any employment contracts with the divers;
ii) the exercise of the activity is not subject to any minimum controls by the authorities to ensure that the
companies fulfill their obligations and guarantee the protection that social security could provide them with;
iii) corrective measures have not been adopted to punish the employers for their failure to affiliate the divers
to the social security system; iv) minimum measures have not been taken to guarantee the right of persons
with disabilities to social security; and v) no measures have been taken so that the surviving victims can engage
in other work activities, thus leaving them completely neglected and without any livelihood to support their
families.
20.
Regarding the duty to adopt provisions under domestic law, they alleged no effective
public regulations or policies in terms of labor, health, or social security have been designed or implemented.
21.
With respect to the right to protection of the family, the petitioners base their allegation on
the implications that the accidents of the Miskitos have for the nuclear family.
3