Law on the Protection of Human Rights Defenders

THE RIGHT TO DEFEND HUMAN RIGHTS.- The State recognizes the right of every person, individually or collectively, to promote, protect and realize human rights and fundamental freedoms. Every natural or juridical person has an important function in the consolidation of democracy, the promotion and progress of society and institutions, as well as in the promotion of a culture of human rights.

ON THE NATURE AND OBJECTIVE OF THE LAW.- This Law is of public order and social interest and of general observance throughout the Republic. Its objective is to recognize, promote and protect human rights and fundamental freedoms recognized and contained in the Constitution of the Republic and in instruments of international law, of every natural or juridical person dedicated to the promotion and defense of human rights, freedom of expression and judicial activities at risk due to their activity.

ON THE PRINCIPLES OF THE LAW.- The implementation of this Law is based on the Constitution of the Republic, international human rights standards and on the following principles:

• 1)

  Pro Persona: Every applicable rule to the functioning of the powers established in this Law must be interpreted in accordance with the Constitution of the Republic and with international treaties on human rights signed and ratified by the State of Honduras, favoring at all times the broadest protection for the beneficiary persons;

• 2)

  Non-Restriction of Rights: Laws and government provisions or any other type of provision that diminish, restrict or misrepresent the exercise of the declarations, rights and guarantees established in the Constitution of the Republic are not applicable;

• 3)

  Good Faith: All whoever and the resolutions derived from this Law have good faith as their basic foundation;

• 4)

  Effectiveness: Protection or security measures have the objective of preventing the materialization of risks or mitigating the effects of their eventual occurrence;

• 5)

  Identity: Protection measures must be adequate to the risk situation and seek to adapt to the particular conditions of the protected persons;

• 6)

  Coordination: Protection measures must be decreed and implemented, ordered, systematized, coherent, efficient and harmonized by the institutions that make up the National System for the Protection of Human Rights Defenders and other related authorities, for the prevention and protection of the rights to life, liberty, integrity and personal security of its target population;

• 7)

  Concurrence: The institutions that make up the National System for the Protection of Human Rights Defenders and other State authorities must adopt measures of prevention and protection in accordance with their competencies and institutional, administrative and budgetary capacities for the effective guarantee of the rights to life, liberty, integrity and security of the beneficiary persons;

• 8)

  Voluntariness: Both the request for protection measures and their acceptance are voluntary;

• 9)

  Exclusivity: Measures must be intended exclusively for persons who are at high risk or who are linked by the defense activities they carry out;

• 10)

  Complementarity: Protection measures must be implemented without prejudice to other types of assistance, comprehensive or humanitarian measures provided by other entities;

• 11)

  Prevention: The General Director of the Protection System and the rest of the competent State institutions have the permanent duty to establish effective measures to prevent any risk directed at the beneficiary persons;

• 12)

  Temporality: Protection measures must be decreed and maintained for as long as the risk situation persists;

• 13)

  Causality: Protection measures are based on risk factors and the condition, activity, position or profession carried out by the beneficiary persons;

• 14)

  Proportionality: Protection measures granted must correspond to the circumstances of manner, time and place of the particular risk of each beneficiary person;

• 15)

  Confidentiality: Information relating to the protection of beneficiary persons and their family must be kept in strict confidence;

• 16)

  Equal Treatment, Non-Discrimination and Differentiated Approach: Protection Measures must be applied with equal treatment, without discrimination for any reason and with a differentiated approach among persons; and,

• 17)

  Respect: All protection measures decreed must be aimed at guaranteeing respect for the life and dignity of the human person.

ON THE SCOPE OF PROTECTED RIGHTS.- For the purposes of this Law, Human Rights Defenders, journalists, social communicators and justice operators, individually or collectively, have among others, the following rights:

• 1)

  Participate individually or collectively in peaceful activities against violations of human rights and fundamental freedoms;

• 2)

  Form organizations, associations or non-governmental groups, affiliate with them, participate in them and/or freely withdraw from them;

• 3)

  Effective protection by the State, through competent authorities, when protesting peaceful public facts, acts or omissions attributable to the State that cause violations of human rights and fundamental freedoms;

• 4)

  Denounce and demand the cessation of acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms;

• 5)

  Communicate with non-governmental and intergovernmental organizations to achieve their purposes;

• 6)

  Receive specialized attention in the different bodies of the Legislative Branch, Judicial Branch, Executive Branch, Public Ministry and other competent authorities when, in the exercise of their activities, they carry out actions to seek, obtain, gather, receive and possess necessary information for the exercise of their functions;

• 7)

  Freely disseminate, publish and broadcast their opinions, information and ideas of all kinds, without regard to limitations, whether orally, in writing or in printed or artistic form or by any other means of their choice;

• 8)

  Study and debate whether fundamental rights and freedoms are observed in practice, form and maintain an opinion in this regard and draw the public's attention by all possible means;

• 9)

  Have the opportunity to participate effectively in the government of their country and in the management of public affairs;

• 10)

  Present observations, criticisms and proposals to the Powers and other State Institutions to improve their functioning;

• 11)

  File complaints or draw attention to any aspect of their work that may hinder or prevent the promotion, protection and realization of human rights and fundamental freedoms;

• 12)

  Be protected and have effective legal remedies, to demand violation of human rights and fundamental freedoms;

• 13)

  File a complaint or petition, on their own behalf or through a representative, before a competent, independent and impartial authority or any other authority established by Law, for that complaint or petition to be examined quickly and to obtain from that authority a response without delay and in accordance with the time limits established in this Law;

• 14)

  Attend public hearings, proceedings and trials to form an opinion on the compliance with national rules, international obligations and applicable commitments, except for the reservations decreed in accordance with the Law;

• 15)

  Offer and provide professional legal assistance or other pertinent advice, accompaniment and assistance to defend human rights and fundamental freedoms;

• 16)

  Demand that the State conduct rapid and impartial investigations when there are indications to believe that a violation of human rights and fundamental freedoms has occurred in any part of the national territory;

• 17)

  Request, receive and use individually or collectively resources for the express purpose of promoting and protecting, by peaceful means, human rights and fundamental freedoms; and,

• 18)

  Exercise the other rights and freedoms that emanate from the dignity of the human person.

ON THE DEFINITIONS.- For the purposes of this Law, the following terms shall be understood as:

• 1)

  Human Rights Defender: Any person who exercises the right, individually or collectively, to promote and seek the protection and realization of human rights and fundamental freedoms within the framework of national and international law; among these are included defenders of Saturday, environmental defenders and conservators of natural resources;

• 2)

  Justice Operators: The officials or employees who participate in the process of application or administration of Law such as police, prosecutors of the Public Ministry, judges and magistrates of the Judicial Branch and lawyers in the exercise of defense functions carried out in the performance of their profession;

• 3)

  Journalists, Social Communicators, Photographers, Camera Operators and Graphic Reporters in the Media: Natural persons who carry out tasks of gathering, generating, processing, editing, commenting, opining, disseminating, publishing or providing information, through any means of dissemination and communication that may be printed, radio, digital, image or other kind;

• 4)

  Risk: The probability of occurrence of a danger or aggression to which a person, group or community is exposed, as a direct consequence of the exercise of their activities or functions;

• 5)

  Imminent Risk: The existence of threats or aggressions that represent the imminent materialization of such threats or a new aggression that may seriously affect life, physical integrity or personal freedom;

• 6)

  Risk Zone: That area or place in the national territory where the person subject to a situation of vulnerability resides or carries out their activity or exercises their position;

• 7)

  Aggressions: The damage, threat, harassment or intimidation that, as a result of their activity or position, human rights defenders, journalists, social communicators and justice operators suffer;

• 8)

  Petitioner: The natural person, group or community that requests Preventive Measures, Protection Measures or Urgent Protection Measures before the National System for the Protection of Human Rights Defenders;

• 9)

  Beneficiary: The natural person, group or community to which Preventive Measures, Protection Measures or Urgent Protection Measures are granted as referred to in this Law;

• 10)

  Protection Mechanisms: The set of actions or security instruments that the National System for the Protection of Human Rights Defenders develops and/or implements on its own or with the concurrence of different State agencies, for the purpose of preventing and reducing risks and protecting the life, personal integrity, freedom and security of the beneficiary persons in this Law;

• 11)

  Preventive Measures: The set of actions adopted with the objective of reducing risk factors;

• 12)

  Reactive Measures: The set of actions and security means to face risk and protect the right to life, personal integrity, personal freedom and security of the beneficiary person within the framework of this Law;

• 13)

  Urgent Protection Measures: The set of actions and means to immediately safeguard the life, physical integrity and freedom of the beneficiary person and in some cases their property;

• 14)

  Psychosocial Measures: The set of actions aimed at addressing the psychological and social impacts of violence on human rights defenders, their families and the organizational spaces in which they participate;

• 15)

  Measures Aimed at Combating Impunity: The set of actions aimed at guaranteeing the effective investigation, prosecution and punishment of those responsible for attacks on persons subject to this Law;

• 16)

  Evaluation Study for Immediate Action: The immediate analysis of risk factors to determine the situation and its level and the urgent protection measures to ensure the life, personal integrity, personal freedom and security of the potentially beneficiary person;

• 17)

  Risk Assessment Study: The process by which an analysis of different risk factors is carried out in order to determine the level in which the potential beneficiary or petitioner is found, which for these purposes may be moderate, grave or very grave;

• 18)

  Ordinary Procedure: The procedure by which the request is received, preventive and protection measures are decreed and applied in favor of the beneficiary persons;

• 19)

  Extraordinary Procedure: The procedure by which urgent protection measures are decreed in order to preserve the life, integrity and freedom of the beneficiary person. CHAPTER II ON PREVENTION IN THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

ON THE DUTY OF SPECIAL PROTECTION FOR HUMAN RIGHTS DEFENDERS.- The State has the obligation to respect the human rights of human rights defenders and to reasonably prevent threats, harassment and aggressions that may be directed against them, regardless of whether these come from state actors or private parties.

ON THE DUTY TO PROVIDE COLLABORATION.- Every civil, police or military authority, as well as private parties, are obligated to provide information promptly and provide all the collaboration required by the various institutions responsible for the compliance of this Law to achieve its purposes.

ON THE DUTY TO ORDER THE NECESSARY MEASURES FOR THE PREVENTION OF VIOLATIONS OF HUMAN RIGHTS.- The State has the primary duty, through its authorities, to prevent any act or omission constituting violations of human rights. No official or employee, civil or military, is obligated to comply with illegal orders or orders that imply the commission of violations of human rights.

ON THE DUTY TO ORDER THE NECESSARY MEASURES FOR THE PROMOTION OF HUMAN RIGHTS.- The State has the duty to promote respect for human rights and fundamental freedoms of every person, creating the conditions for empowerment and enforceability to exercise rights and fundamental freedoms. State servants have the duty to contribute to this purpose.

ON THE DUTY TO ORDER THE NECESSARY MEASURES FOR THE PROTECTION OF HUMAN RIGHTS.- The State has the primary duty to order the necessary protection mechanisms and personal security measures, through coordination with the General Director of the Protection System, in accordance with the risk assessment of the beneficiary persons of this Law. To this effect, the other State institutions within the scope of their competencies must provide the collaboration required for the faithful compliance with what is provided in this Law.

ON THE DUTY TO ORDER THE NECESSARY MEASURES TO GUARANTEE HUMAN RIGHTS.- It is the duty of the State to order legislative, judicial, administrative or other appropriate measures to guarantee to all persons under its jurisdiction the respect and protection of their civil, political, economic, social and cultural rights, among these measures are the following: 1) The publication and wide dissemination of national laws, regulations and basic international human rights instruments; and, 2) Access on equal terms to official information derived from international obligations and commitments on human rights, including periodic reports of the State to the bodies established by the conventions and international treaties to which the State of Honduras is a party. The State must guarantee and support the development of other national independent institutions intended for the promotion and protection of human rights and fundamental freedoms throughout the national territory. CHAPTER III ON THE NATIONAL SYSTEM FOR THE PROMOTION OF HUMAN RIGHTS AND THE PREVENTION OF THEIR VIOLATIONS

ON THE PREVENTION TOOLS.- The following are considered auxiliary tools for the promotion and prevention of human rights:

• 1)

  Support institutional functionality with entities dedicated to the promotion and prevention of human rights;

• 2)

  Strengthen the Rule of Law and accountability mechanisms;

• 3)

  Encourage equitable and inclusive social structures;

• 4)

  Establish structures for operations and respond to imminent warning signals;

• 5)

  Ratify International Instruments on human rights; and,

• 6)

  Disseminate a culture of respect for human rights.

ON THE PREVENTION ACTORS.- The actors who intervene in prevention are:

• 1)

  The Government;

• 2)

  Civil society;

• 3)

  Human rights operators and defenders;

• 4)

  Researchers; and,

• 5)

  The media.

ON THE PREVENTION OF ACTS.- It is a priority of the State to establish mechanisms and measures of prevention and education. Among the measures that contribute to this purpose are highlighted: the promotion of respect for human rights, the identification of risk through mapping and a system of monitoring and attention in general. Likewise the establishment of an early warning system, which must necessarily be accompanied by a structure of immediate response. As a basis for prevention and education, analysis groups must be formed on the resolutions of the High Commissioner for Human Rights and the General Assembly of the United Nations in order to establish actions and programs on the new strategies for prevention of human rights.

ON THE NEW ACTORS.- In response to the resolutions of the High Commissioner for Human Rights of the United Nations Organization (UN), the institutionality must be created and the formation of more actors to establish actions that systematically configure prevention plans so that under this perspective the incidence of attacks against human rights is reduced. This new strategy will entail the mounting of reports and statistics that relate the establishment of new institutions dedicated to prevention with the indices of rights accomplished to the detriment of human rights. Civil Society Organizations and the restructuring of State policies must be part of the promotion and prevention in the management of human rights.

The State must establish Mechanisms that issue the measurement of performance and the fight against impunity as a source that serves to detect or locate areas of risk and identify whether there has effectively been a decrease in violations of human rights.

The Early Warning is the instrument with which information related to situations of vulnerability and risk for the entire population is verified and analyzed in a technical manner and advises the competent authorities with a duty of protection, so that coordination may be achieved and opportune and comprehensive attention provided to the affected persons; it likewise advises on situations of risk and would promote comprehensive State prevention in order to protect and guarantee timely fundamental rights of the population.

The State through the Secretary of State in the Office of Education and the Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization, as well as through the Council of Higher Education, must promote the teaching of human rights and a culture of peace at all levels of the national educational system, both basic, secondary, and higher. Likewise, the teaching of human rights must be included in the training programs for State servers. TITLE III OF THE NATIONAL SYSTEM FOR PROTECTION OF DEFENDERS OF HUMAN RIGHTS, JOURNALISTS, SOCIAL COMMUNICATORS AND JUSTICE OPERATORS CHAPTER I OF THE ORGANS FOR APPLICATION OF THE LAW

The National Protection System for Persons Who Are Human Rights Defenders is created, whose function is to establish the bases of coordination with other public institutions and with society in general, for effective protection within the framework of public policy and the national human rights plan. It includes the set of actions, regulations and resources for the application of this Law. The National Protection System for Persons Who Are Human Rights Defenders is comprised of:

• 1)

  The Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization, as the governing body;

• 2)

  The National Council for Protection of Human Rights Defenders, Journalists, Social Communicators and Justice Operators;

• 3)

  The General Directorate of the Protection System;

• 4)

  The Technical Committee of the Protection Mechanism; and,

• 5)

  The Department of Human Rights of the Secretary of State in the Office of Security. For the functioning of the National Protection System for Persons Who Are Human Rights Defenders, the Secretary of State in the Office of Finance must implement the corresponding budgetary provisions. CHAPTER II OF THE NATIONAL COUNCIL FOR PROTECTION OF HUMAN RIGHTS DEFENDERS

The National Council for Protection of Human Rights Defenders is created, as a deliberative body and advisory to the National Protection System for Persons Who Are Human Rights Defenders.

The National Council for Protection of Human Rights Defenders is composed of all those natural persons and legal entities that, in a permanent manner, are legitimized as proprietaries and their alternates from the institutions of the State and organizations of civil society as follows:

• 1)

  The Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization;

• 2)

  The Secretary of State in the Office of Foreign Affairs and International Cooperation;

• 3)

  The Public Ministry;

• 4)

  The Judicial Branch;

• 5)

  The General Prosecutor's Office of the Republic;

• 6)

  The Secretary of State in the Office of Security;

• 7)

  The Secretary of State in the Office of National Defense;

• 8)

  A representative of the Bar Association of Honduras (CAH);

• 9)

  A representative of the Association of Journalists of Honduras (CPH);

• 10)

  A representative of the Honduran Press Association (APH);

• 11)

  A representative of the Associations of Judges and Magistrates;

• 12)

  A representative of the Association of Prosecutors; and,

• 13)

  Two (2) representatives of human rights organizations of civil society accredited by the National Commissioner of Human Rights. Likewise, the National Commissioner of Human Rights and the representative in Honduras of the Office of the United Nations High Commissioner for Human Rights, in the capacity of invited observers with voice but without vote. The representative of State entities in the National Council for Protection of Human Rights Defenders must be the chief executive of the respective institution, and the person acting as alternate must hold the rank of Undersecretary of State, Deputy Attorney General, Deputy General Prosecutor of the Republic, as applicable. The representatives of human rights defender organizations must be elected in a public assembly convened by the Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization, and with the accompaniment of the Office of the National Commissioner of Human Rights and the Office of the United Nations High Commissioner for Human Rights. The mandate of the members of the National Council for Protection of Human Rights Defenders is for a period of two (2) years and they may be reelected for only one additional period. Except for the representatives of State institutions who shall maintain such condition while they hold the position.

The Coordination of the National Council for Protection of Human Rights Defenders shall be exercised in an alternating manner in each period. Each coordinator must exercise their office for one (1) year and must be elected in accordance with their internal regulations.

The Councilors of human rights organizations and professional organizations must meet the following profile:

• 1)

  Be honorable;

• 2)

  Be over twenty-one (21) years of age;

• 3)

  Be of recognized respectability; and,

• 4)

  Have experience or knowledge in the defense and promotion of human rights and, preferably in risk analysis or evaluation and protection of persons.

The attributions of the National Council for Protection of Human Rights Defenders are the following:

• 1)

  Act as a consultative, deliberative and advisory body to guarantee the rights enshrined in this Law;

• 2)

  Exercise functions of supervision, control, monitoring and evaluation of the National Protection System for Persons Who Are Human Rights Defenders;

• 3)

  Advise State bodies in the fulfillment of public policies in relation to the work of human rights defenders;

• 4)

  Promote or direct the design and implementation of mechanisms, public policies and protection to guarantee and make effective the rights contained in this Law;

• 5)

  Make proposals and recommendations to improve the implementation of the National Protection System for Persons Who Are Human Rights Defenders;

• 6)

  Analyze, debate, prepare and publicize annual reports on the national context, the situation of human rights defenders, journalists, social communicators and justice operators in the country, and must make corresponding recommendations to the authorities responsible for taking necessary measures;

• 7)

  Propose the creation of new prevention and protection measures and urgent measures that guarantee the life, integrity, freedom and security of the exercise of the defense work of persons benefited by this Law;

• 8)

  Issue recommendations to the special protocols adopted within the framework of this law and/or recommend the adoption of new protocols;

• 9)

  Recommend the profile of security personnel to be assigned to the protection of persons benefited by this Law;

• 10)

  Issue recommendations to the annual report of activities of the General Directorate of the Protection System;

• 11)

  Participate in national or international events to exchange experiences and information on topics related to the application of this Law;

• 12)

  Prepare and approve its internal regulations; and,

• 13)

  Any other necessary for the fulfillment of its purposes.

The National Council for Protection of Human Rights Defenders must meet in ordinary session once a month, convened by the Coordination of the Council and is validly constituted with the attendance of more than half of its members. It may hold extraordinary sessions with the attendance of one third (1/3) of its members. The General Directorate of the Protection System acts as Executive Secretariat of the Council and technical facilitator thereof.

Once validly constituted, the National Council for Protection of Human Rights Defenders must adopt decisions with the vote of the simple majority of those present and in case of a tie, the Coordination of the Council has the deciding vote.

The members of the National Council for Protection of Persons Who Are Human Rights Defenders exercise their work with an eminently Ad Honorem character. CHAPTER III OF THE GENERAL DIRECTORATE OF THE PROTECTION SYSTEM

The General Directorate of the Protection System is part of the organic structure of the Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization, constituting the executive body of the National Protection System for Persons Who Are Human Rights Defenders.

The attributions of the General Directorate of the Protection System are the following:

• 1)

  Receive all requests for protection and process them in accordance with this Law;

• 2)

  Request the implementation of Protection Plans for the beneficiary population and monitor their proper compliance;

• 3)

  Process ex officio the application of security measures when any person subject to this Law faces a situation of risk that warrants urgent measures;

• 4)

  Dictate in coordination with other State institutions and the active participation of civil society, the measures for prevention of harm to persons benefited by this Law;

• 5)

  Coordinate with State institutions, civil society and other entities deemed relevant, matters relating to the fulfillment of measures and protection plans;

• 6)

  Request and provide permanent follow-up to provisional measures of the Inter-American Court of Human Rights, precautionary measures of the Inter-American Commission of Human Rights and the corresponding security decree measures by the jurisdictional organs of the State, respectively;

• 7)

  Present to the National Council for Protection of Persons Who Are Human Rights Defenders, semi-annual reports on the level of general effectiveness of measures adopted and actions developed;

• 8)

  Develop the operating protocols required for the effective application of this Law;

• 9)

  Provide support to the petitioner(s) or beneficiary(ies) of protection measures regarding procedures, complaints or reports for the investigation of the origins of the risk they face;

• 10)

  Serve as Executive Secretariat of the National Council for Protection of Persons Who Are Human Rights Defenders;

• 11)

  Conduct monitoring at the national level of reports of violations of human rights of persons benefited by this Law, with the objective of identifying patterns of aggression and preparing risk maps for the adoption of prevention measures;

• 12)

  Hear appeals against decisions adopted by the Technical Committee of the Protection Mechanism in accordance with administrative procedures and this Law; and,

• 13)

  Any others that are necessary for the effective fulfillment of its mandate.

In its capacity as Executive Secretariat of the National Council for Protection of Human Rights Defenders, the General Directorate of Protection must: 1) Issue summonses for the ordinary and extraordinary sessions of the National Council for Protection of Persons Who Are Human Rights Defenders; and, 2) Widely publicize the publication of the functioning of the Protection Mechanism. CHAPTER IV OF THE TECHNICAL COMMITTEE OF THE PROTECTION MECHANISM

CREATION OF THE TECHNICAL COMMITTEE OF THE PROTECTION MECHANISM.- The Technical Committee of the Protection Mechanism of the General Directorate of the Protection System is hereby created, which shall be responsible for conducting risk analysis assessments, deliberation, and decisions on protection requests submitted to the General Directorate. The Technical Committee is composed of the General Director of the Protection System, who presides over it, and a representative from the Office of the Attorney General of the Republic, the Office of Human Rights Prosecution, and the Department of Human Rights of the State Secretary in the Office of Security. The Technical Committee shall be advised by experts in risk analysis. In case of a tie in decision-making, the General Director of the Protection System shall have the deciding vote. Members of the Technical Committee are obligated to maintain strict confidentiality of all information related to the defense procedure that could obstruct or prevent the promotion, protection, and realization of human rights. Otherwise, the unfaithful person must be suspended from their position within the Technical Committee and replaced by another person from the institution they represent.

POWERS AND DUTIES OF THE TECHNICAL COMMITTEE OF THE PROTECTION MECHANISM.- The Technical Committee of the Protection Mechanism has the following powers and duties:

• 1)

  To conduct risk analysis of persons requesting protection;

• 2)

  To issue a technical opinion with the suggested protection measures for the General Directorate of the Protection System to proceed with their implementation by itself or in coordination with other appropriate institutions;

• 3)

  To order, modify, suspend, and/or cancel the protection measures granted to beneficiary persons;

• 4)

  To decree new protection measures, whether urgent or ordinary, that guarantee the integrity, life, liberty, and security of persons at risk;

• 5)

  To conduct any evaluation study of immediate action that is requested of it;

• 6)

  To immediately inform the General Directorate of the Protection System about urgent measures that must be instituted to the State Secretary in the Office of Security;

• 7)

  To develop, evaluate, and update every six (6) months the risk analysis of the beneficiary; and 8) Any other function that contributes to the proper performance of its duties.

RISK EVALUATION.- Risk analyses and immediate response shall be conducted in accordance with the best methodologies, good practices, and international standards, as considered in the approved protocols, which must take into account:

• 1)

  The level of risk and the scope of the beneficiary persons;

• 2)

  The protection measures suitable for minimizing the determined risk; and 3) The immediacy and promptness in the adoption of protection measures. CHAPTER V INTERVENTION OF THE STATE SECRETARY IN THE OFFICE OF SECURITY IN THE IMPLEMENTATION OF PROTECTION MEASURES

ROLE OF THE DEPARTMENT OF HUMAN RIGHTS OF THE STATE SECRETARY IN THE OFFICE OF SECURITY.- In cases where the decreed protection measures must be implemented in whole or in part by the State Secretary in the Office of Security, these measures shall be referred to its Department of Human Rights, which must function as a specialized technical body in the implementation of measures referred to it by the General Directorate of the Protection System.

POWERS AND DUTIES OF THE DEPARTMENT OF HUMAN RIGHTS OF THE STATE SECRETARY IN THE OFFICE OF SECURITY WITHIN THE FRAMEWORK OF THIS LAW.- The Department of Human Rights of the State Secretary in the Office of Security, in addition to the powers and duties it already has, has the following:

• 1)

  To implement protection measures of a police nature decreed by the Technical Committee of the Protection Mechanism in the terms established in the respective protocols;

• 2)

  To coordinate with police Directorates and Commands, who must provide preferential attention to the implementation of ordered measures;

• 3)

  To assign the number of agents responsible for providing personal protection, in accordance with the decreed measures;

• 4)

  To oversee the procedure for selection, recruitment, training, and professionalization of security personnel assigned to the protection of human rights beneficiary persons, in accordance with the National Council for the Protection of Human Rights Defenders;

• 5)

  To present to the head of the State Secretary in the Office of Security, the budget project required for the fulfillment of its responsibilities established in this Law, in each fiscal year;

• 6)

  To evaluate and periodically report to the National Council for the Protection of Human Rights Defenders on the level of compliance with police-type protection measures;

• 7)

  To develop its internal regulations and protocols for the implementation of police-type protection measures; and 8) All other powers and duties that derive from the application of this Law. TITLE III PROTECTION MEASURES CHAPTER I MEASURES ADOPTED IN ACCORDANCE WITH RISK ANALYSIS

OBJECT AND NATURE OF PROTECTION MEASURES.- The preventive and protection measures, whether ordinary or urgent, that are decreed have the object of reducing and minimizing the reported risk, for which they must be communicated to the competent authority immediately. These measures are of an individual or collective nature, suitable, effective, and temporary, in accordance with the best methodologies, good practices, and international standards. They must be comprehensive, in addition to those persons determined by the Risk Evaluation Status and shall be analyzed, determined, implemented, and evaluated in common agreement with the beneficiary persons. When possible, the protection measures should not restrict the habitual activities of the beneficiary persons, nor should they imply surveillance or unwanted intrusions into their work or personal lives.

ADOPTION OF PROTECTION MEASURES.- The General Directorate of the Protection System, in accordance with the binding opinion issued by the Technical Committee of the Protection Mechanism, must adopt and order the compliance with the protection measures recommended by it. The adoption of measures must be based on risk analysis and the context in which the situation of threat occurs and that this situation is linked to the activity performed by the beneficiary person.

DETERMINATION OF PROTECTION MEASURES.- The type, scope, and characteristics of the protection measures that the Technical Committee of the Protection Mechanism adopts must be developed in the respective Protocols that, in compliance with this law, must be created by the State Secretary in the Departments of Human Rights, Justice, Governance and Decentralization through the General Directorate of the Protection System, taking into account the recommendations of the National Council for the Protection of Human Rights Defenders. The Protocols that are adopted must consider the differences existing within the protected groups, address gender, ethnic aspects, ethnic origin; socioeconomic situation; sexual orientation and gender identity, geographic differences including rural areas, as well as any other condition or situation that warrants differential treatment.

DURATION OF PROTECTION MEASURES.- The Technical Committee of the Protection Mechanism must determine the duration of protection measures in accordance with the risk analysis previously prepared.

REVIEW OF PROTECTION MEASURES.- Every six (6) months, the Technical Committee of the Protection Mechanism must conduct a new analysis to measure the level of risk of the beneficiary persons and, where appropriate, adapt the ordered measures. Without prejudice to the discretion of the General Directorate of the Protection System, it may request, on its own initiative or at the request of the beneficiary person, a review of the implemented protection measures. When the review of the aforementioned protection measures is requested by the General Directorate of the Protection System, it must do so in writing and establish in writing that the request is reasonable. When the review is requested by the beneficiary person, their direct family members, or the organization that represents them, it must likewise be made in writing, specifying whether the measures be expanded, reformed, or revoked as appropriate. Whatever resolution is adopted by the Technical Committee of the Protection Mechanism must be notified by the General Directorate of the Protection System to the beneficiary person or to the competent authority, for relevant purposes. CHAPTER II PROCEDURE FOR RECEPTION, ADOPTION, AND IMPLEMENTATION OF PROTECTION MEASURES

PROCEDURE FOR RECEPTION.- Any natural or legal person, beneficiary of this Law, may request free of charge the protection provided for before the General Directorate of the Protection System. This request is presented personally without need of power of attorney or any formality whatsoever, verbally or in writing, using any means of communication, whether orally, on business days or non-business days. When the requesting person is prevented by serious and/or exceptional cause, the request may be presented in their name by family members, third parties, any organization that represents them, or any authority that has knowledge of the situation of risk. In any case, the request must be formalized in writing as soon as possible.

LOCATIONS WHERE THERE ARE NO OFFICES OF THE GENERAL DIRECTORATE OF THE PROTECTION SYSTEM.- In places where the General Directorate of the Protection System does not exist or in situations of urgency or during non-business days or hours and there is a need to adopt urgent protection measures, such measures may be adopted by the State Secretary in the Office of Security through the Preventive Police or, failing that, by the competent authority in matters of security. The foregoing without prejudice to compiling the file within a period of twenty-four (24) hours to the General Directorate of the Protection System so that it may proceed with the procedure established in this Law and the corresponding regulatory legislation.

RECEPTION OF THE REQUEST.- Once a request for protection measures is received, the General Directorate of the Protection System must review the following elements to initiate the procedure:

• 1)

  That the requesting person or the person in whose name the request is made is within the beneficiary population of this Law;

• 2)

  That the consent of the potential beneficiary person exists, except for serious and/or exceptional cause;

• 3)

  That there exists a causal nexus between the situation of risk and their activity as a human rights defender or labor activity in the case of journalists, social communicators, and justice operators; and 4) That there are indications of the situation of risk.

PROCESSING OF THE REQUEST.- In case of meeting the previously enumerated requirements, the General Directorate of the Protection System must issue without delay a Resolution determining whether it should be processed ordinarily or extraordinarily depending on the existence of immediate risk.

EXTRAORDINARY PROCESSING.- When there are elements to determine immediate risk, that is, the existence of threats or aggressions of imminent materialization within the following twenty-four (24) to seventy-two (72) hours that could seriously affect the life, physical integrity, or personal liberty of the petitioner, the General Directorate of the Protection System must urgently order in favor of the requesting person and shall make pertinent referral to the State Secretary in the Office of Security, so that these measures be implemented within a period not exceeding eight (8) hours in extraordinary cases and not exceeding forty-eight (48) hours in ordinary cases. For the implementation of urgent measures, the informed consent of the beneficiary person is necessary, which may be granted verbally or through any other communication channel, with such consent being recorded in writing. When the authority implementing the measures has contact with the beneficiary person, it must obtain consent in writing, unless there is impossibility due to serious and/or exceptional cause. In this case, consent may be granted by their spouse, domestic partner, children, or any relative within the fourth degree of consanguinity and second degree of affinity. The effectiveness of the urgent measure must remain in force until the Technical Committee of the Protection Mechanism determines its modification or cancellation following risk analysis, which must be conducted between one (1) and two (2) weeks thereafter.

ORDINARY PROCEDURE FOR PROTECTION MEASURES REQUEST.- The General Director of the Protection System must inform the members of the Technical Committee of the Protection Mechanism about cases to be processed in ordinary form and these shall meet weekly in order to conduct the respective risk evaluation in each case.

ON RISK ANALYSIS.- The Technical Committee of the Protection Mechanism with the information it has must determine the risk situation based on the threats, vulnerabilities, and capacities of the beneficiary person. If the information or documentation initially provided is insufficient to issue the risk evaluation, the General Director of the Protection System must request the presence of the possible beneficiary person and/or their family members or the organization that represents them, or request additional information. While obtaining the additional required information, the General Director of the Protection System may request the Technical Committee of the Protection Mechanism for internal measures, which shall serve to protect the person while definitive measures are determined. In all cases, the requesting person and/or their representative must be heard, seeking consensus on the measures to be adopted. The risk analysis in the Ordinary Procedure must be conducted by the Technical Committee of the Protection Mechanism within a period of between two (2) and four (4) weeks.

ON THE IMPLEMENTATION OF PROTECTION MEASURES.- The implementation of ordinary protection measures by the Technical Committee of the Protection Mechanism must be implemented by the General Director of the Protection System within a period not exceeding forty-eight (48) hours after receipt of the Resolution that decrees the respective measure. The General Director of the Protection System, depending on the type of protection measures decreed, must coordinate with the relevant public authorities, who are obligated to provide the necessary institutional resources and expenses required for them to be implemented correctly.

ON COMMUNICATION AND EVALUATION OF PROTECTION MEASURES.- The Technical Committee of the Protection Mechanism must proceed to:

• 1)

  Communicate immediately the Resolution of merit issued by the General Director of the Protection System to the institution or organization that referred the case, to the requesting person and/or beneficiary of the Protection Measure;

• 2)

  Ensure the informed consent of the beneficiary person or persons, which may be granted in person, by telephone or any other communication channel, always leaving written record unless there is an impediment due to serious and/or exceptional cause. In this case, it may be granted by their spouse, companion or partner, children or any relative within the fourth degree of consanguinity and second degree of affinity;

• 3)

  Communicate the Resolution of merit issued by the General Director of the Protection System to the authorities, who must execute the protection measures within a period not exceeding eight (8) hours in extraordinary cases and not exceeding forty-eight (48) hours in ordinary cases; and,

• 4)

  Follow up on the implementation of the measures granted and determine their degree of compliance, executed and declare the corrective measures that may be necessary.

ON OFFICIAL INITIATIVE.- In accordance with the respective Protocols of the Technical Committee of the Protection Mechanism, it may declare of its own initiative preventive, reactive and urgent protection measures aimed at guaranteeing the life and integrity of human rights defenders, journalists, social communicators and justice operators, when the risk situation is a causal consequence of their work in the defense of human rights and the administration of Law.

ON REFERRAL TO THE PUBLIC MINISTRY.- In the event that the Technical Committee of the Protection Mechanism becomes aware of the alleged commission of a crime, it must guide the requesting person and/or beneficiary to lodge a criminal complaint regarding the facts before the corresponding Prosecutor's Office. The foregoing without prejudice to the obligation of the General Director of the Protection System to officially communicate to the competent authorities within a period of twenty-four (24) hours.

ON THE IMPLEMENTATION OF PRECAUTIONARY AND PROVISIONAL MEASURES OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM.- Compliance with the precautionary and provisional measures of the Inter-American Commission and Court of Human Rights respectively, is the competence of the National Protection System for Human Rights Defenders, which must coordinate with the General Attorney of the Republic, as representative of the State before the Inter-American Human Rights Protection System, the receipt and processing thereof. When the respective notification is received, the General Attorney of the Republic must immediately forward to the General Director of the Protection System the mandate emanated by the Inter-American Commission or Court of Human Rights, in order to implement it within the timelines, manner and form determined by them. The Technical Committee of the Protection Mechanism must conduct an additional risk analysis in order to determine whether the protection measures ordered by said bodies are sufficient to prevent irreparable harm to their rights, ensuring at all times the informed consent of the beneficiary persons, their family members or the organization that represents them. Neither the General Director of the Protection System nor the Technical Committee of the Protection Mechanism may suspend, revoke or in any way diminish the protection granted by the precautionary or provisional measures of the Inter-American Commission and Court of Human Rights, respectively.

ON THE OBLIGATION OF COOPERATION OF ORGANISMS, INSTITUTIONS AND STATE ENTITIES.- The State entities and other institutions are obligated to assist in a preferential and urgent manner to the National Protection System for Human Rights Defenders in order to comply with this Law, as well as with the decisions of the organs of the Inter-American Human Rights Protection System. CHAPTER IV ON THE FILING OF APPEALS AGAINST RESOLUTIONS

ON THE PRESENTATION OF CHALLENGES AGAINST DECISIONS OF THE TECHNICAL COMMITTEE OF THE PROTECTION MECHANISM.- Every requesting person or beneficiary who disagrees with the decisions of the Technical Committee of the Protection Mechanism has the right to challenge said decision before the General Director of the National Protection System. The challenges presented must be resolved in a preferential and urgent manner, always based on the pro persona principle within a period of twenty-four (24) hours through the procedure established by the Administrative Procedure Law.

ON REQUEST DUE TO NEW FACTS.- In the event that the definitive resolution determines not to admit the request, the rights of the applicant must be preserved to submit a new protection request in the event that there is additional information or in the presence of new circumstances. CHAPTER V ON SANCTIONS

ON THE RESPONSIBILITY OF PUBLIC OFFICIALS AND EMPLOYEES.- The resolutions and recommendations issued within the framework of this Law are of mandatory compliance. Public officials who through denial or negligence prevent the application of protection measures to guarantee the life, integrity and security of the persons subject to this Law, incur the crime of violation of the duties of officials and others that as applicable to the case, proceedings that must be initiated ex officio by the Public Ministry. This without prejudice to the civil and administrative responsibilities that correspond.

ON REFERRAL TO THE PUBLIC MINISTRY.- The Secretariat of State in the Offices of Human Rights, Justice, Governance and Decentralization through the General Director of the Protection System must refer ex officio and immediately to the Public Ministry the complaint in those cases where non-compliance with the obligations generated by this Law is verified by public officials and employees and any civil and military authority concerned in the scope of this Law, in order to proceed with the exercise of the corresponding criminal action. TITLE IV ON TECHNICAL AND FINANCIAL ASSISTANCE CHAPTER I ON COOPERATION AGREEMENTS

ON COOPERATION AGREEMENTS.- The Secretariat of State in the Offices of Human Rights, Justice, Governance and Decentralization through the General Director of the Protection System must enter into cooperation agreements in order to achieve the objective of guaranteeing the life, integrity, freedom and security of human rights defenders, journalists, social communicators and justice operators. It may enter into these agreements with humanitarian national and international organizations and institutions and with other States, provided that they are appropriate and may facilitate resources, technical assistance or incision or refuge.

ON THE OBJECTIVES OF COOPERATION AGREEMENTS.- The cooperation agreements have, among others, the following objectives:

• 1)

  Technical and financial assistance to the Secretariats of State and institutions of the State involved in compliance with this Law;

• 2)

  Technical and financial assistance to civil society organizations committed to the subject matter of this Law;

• 3)

  The strengthening of the capacities of the personnel of the General Director of the Protection System and the Technical Committee of the Protection Mechanism for care in its various areas of work;

• 4)

  The strengthening of the Secretariat of State in the Department of Security in the field of defense of human rights;

• 5)

  Collaboration and reciprocal assistance with public and private institutions;

• 6)

  The promotion, study, analysis, investigation and development of strategies, actions, systems and methodologies that incorporate best practices in prevention and protection;

• 7)

  Academic research, the promotion of laws, necessary reforms in legislation to improve the situation of human rights defenders, journalists, social communicators and justice operators and groups in vulnerable situations; and,

• 8)

  Others that the parties agree to for compliance with this Law. CHAPTER II ON TRANSPARENCY AND ACCESS TO INFORMATION

ON ACCESS TO PUBLIC INFORMATION.- Access to and dissemination of information related to this Law must be in accordance with what is provided in the Law on Transparency and Access to Public Information. The resolutions by which the General Director of the Protection System grants preventive measures, protection measures and urgent protection measures, by their nature are considered reserved information, for which the procedure that declares it as such must be followed.

SUBMISSION OF REPORTS.- All information relating to this Law regarding individual cases shall not be incorporated into reports to the public. Special and annual reports, to which this Law refers by reason of subject matter, shall be of a general nature. TITLE V OF FINAL AND TRANSITORY PROVISIONS

PREPARATION OF REGULATIONS AND PROTOCOLS OF THE LAW.- Within a period of three (3) months from the date of entry into force of this Law, the State Secretariat in the Offices of Human Rights, Justice, Interior, and Decentralization and the National Commissioner of Human Rights in the capacity of Advisor must issue the respective regulations and protocols for its implementation. Within the same period, the Department of Human Rights of the State Secretariat in the Office of Security must develop the protocols related to the specific functions determined by this Law.

CALL FOR ELECTION OF MEMBERS OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The State Secretariat in the Offices of Human Rights, Justice, Interior, and Decentralization must proceed within a period not exceeding thirty (30) days from the publication of this Law to convene the sectors that make up the National Council for the Protection of Human Rights Defenders, so that they hold general assemblies where the election of their respective principal and alternate representatives takes place. In the same manner, it must notify the other institutions of their respective representatives.

PROTECTION MEASURES FOR JUSTICE OPERATORS.- Institutions of the justice sector must make modifications to their own budgets to address the line item for protection measures for their operators. For the purpose of guaranteeing the independence of justice operators, the Judicial Branch and the Public Ministry must progressively organize a protection mechanism for judges, magistrates, public defenders, and prosecutors, in accordance with the principles, risk analysis, and standards established in this Law. The General Directorate of the Protection System must cooperate with justice sector institutions so that they formulate their budget allocations in a progressive and effective manner according to the economic situation and the context of the country.

BUDGET OF THE NATIONAL PROTECTION SYSTEM.- For the effective compliance with this Law, the State Secretariat in the Office of Finance is instructed to allocate sufficient and necessary financial resources from the General Budget of the Republic. Likewise, it must allocate complementary budget line items. Furthermore, financing for the National Protection System for Human Rights Defenders is constituted by the following resources and assets:

• 1)

  Contributions and subsidies from institutions;

• 2)

  Donations, inheritances and bequests, as well as national and international cooperation from lawful sources, from natural or legal persons, public or private, of which an accounting shall be made through a special report in accordance with the norms and procedures regulated by the Superior Court of Accounts and the body or person providing the cooperation;

• 3)

  Those granted by special laws; and,

• 4)

  All others obtained in any manner whatsoever.

CREATION OF THE PROTECTION FUND.- The Special Fund for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Operators is hereby created, which must be allocated immediately with resources from the Public Security Fund, once this Law enters into force. The description and execution thereof are subject to a special regulation.

CONTINUITY IN THE OPERATIONS OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- To guarantee the continuity of the processes developed by the National Council for the Protection of Human Rights Defenders, two (2) representatives of the human rights organizations of the First Council established must remain in their positions and only the remaining representatives shall be replaced.

ASSOCIATION OF JUDGES.- The representation in the National Council for the Protection of Human Rights Defenders of the Association of Judges and Magistrates is understood to be conferred upon both the Association of Judges for Democracy, who must alternate the principal position and the alternate position during the time they remain in office.

EFFECTIVE DATE.- This Decree enters into force as of its publication in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the sixteenth day of the month of April of the year two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PEREZ LOPEZ SECRETARY ROMAN VILLEDA AGUILAR SECRETARY To the Executive Power. Therefore: Execute it. Tegucigalpa, M.D.C., May 14, 2015. JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, INTERIOR AND DECENTRALIZATION RIGOBERTO CHANG CASTILLO