contended that, although there are difficulties in terms of transportation, it is not true that the Miskitos who
suffer from physical disabilities cannot travel to the administrative or judicial offices.
30.
As for the alleged failure to implement judgments, the State pointed out that, if the parties do
not identify the assets on which to place liens, the judge himself cannot undertake these investigations. The
State contended that the difficulty of implementing a favorable judgment affects not only the Miskitos. It
pointed out that there have been judgments favorable to the State and that they have not been implemented
because of the insolvency of the persons referred to. It also pointed out that, in some cases, the proceedings
ended in settlement, as a result of which compensation payments were made.
IV.
FACTS ALLEGED
A.
The Miskito indigenous people in the department of Gracias a Dios
31.
The Miskitos are a binational indigenous people and they occupy territories on both sides of
the Honduras-Nicaragua border. By 2003, Honduras had a population of about 40,000 Miskitos, who are for
the most part in the rural area of the department of Gracias de Dios.2 This department has a surface area of
16,999 km² and has six municipalities: Puerto Lempira, Juan Francisco Bulnes, Brus Laguna, Villeda Morales,
Ahuas, and Wampusirpe.3
32.
According to reports from the World Bank and the United Nations Development Programme
(hereinafter UNDP), in 2003, the department of Gracias de Dios had high rates of poverty, illiteracy,
unemployment, chronic malnutrition, absence of sanitation services and energy, absence of sources of water
and sanitation, among other aspects. In 2003, although it is the second largest department of Honduras, it only
had one hospital, located in the department’s capital, the municipality of Puerto Lempira.4 According to a report
by the Pan American Health Organization (hereinafter PAHO), there are not many possibilities for formal job
opportunities, and because of its geographic location and the high costs of travelling there, there is no
meaningful government presence or control.5
33.
As for the IACHR, on the occasion of its onsite visit between December 1 and 5, 2014, it
continued to document that this region, with most of the population belonging to the Miskito indigenous
population, continues to be one of the poorest and remotest areas of Honduras, without any highway
connecting it to the rest of the country and only accessible by air or sea.6
B.
Underwater fishing by Miskito divers, the conditions in which they work, their impacts,
and proceedings under domestic law
34.
According to PAHO, the export of lobsters is one of the main sources of income for Honduras.7
The petitioners indicated that, at the beginning, the lobsters were caught using traditional methods, 8 but
because of the rapid and highly valued marketing of lobsters, diver-based fishing started being used, which is
an activity principally engaged in by the Miskitos,9 who have exceptional diving skills and are known as the
best skin divers [free divers] in the world.10 The IACHR also documented this situation, pointing out that lobster
AMHBLI Project to Clarify the Legal Situation of Multiple Labor Complaint Cases Filed by Divers with the Ministry of Labor, September
24, 2003. Annex to the communication from the petitioners received on November 5, 2004.
3 Communication from the petitioners received on November 5, 2004.
4 World Bank. Conceptual framework for intervention in indigenous and black communities with the project “facilitating trade and
increasing competitiveness.” 2003. Annex to the communication from the petitioners of April 2, 2010. United Nations Development
Programme. Report on Human Development in Honduras, 2003. Annex to the communication from the petitioners of April 2, 2010.
5 Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
6 IACHR. Report on the Situation of Human Rights in Honduras. OEA/Ser.L/V/II. Doc. 42/15. December 31, 2015, para. 427.
7 Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
8 Communication from the petitioners received on November 5, 2004.
9 Pan American Health Organization. Human Rights and Disability among Indigenous Peoples. Integral Healthcare Services for the Miskito
Divers in Honduras. 2004. Available at: http://cidbimena.desastres.hn/filemgmt/files/MISKITO_Derechos.pdf
10 Communication from the petitioners received on November 5, 2004.
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