Law on the Protection of Human Rights Defenders, Journalists, and Operators of Justice

THE RIGHT TO DEFEND HUMAN RIGHTS.- The State recognizes the right of every person, individually or collectively, to promote and seek the promotion, protection and realization of human rights and fundamental freedoms. Every natural or legal 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 the instruments of international law, of every natural or legal person dedicated to the promotion and defense of human rights, freedom of expression and judicial duties at risk due to their activity.

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

• 1)

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

• 2)

  Non-Restriction of Rights: The laws and governmental provisions or any other kind that diminish, restrict or distort the exercise of the declarations, rights and guarantees established in the Constitution of the Republic are not applicable;

• 3)

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

• 4)

  Effectiveness: The protection or security measures aim to prevent the materialization of risks or mitigate the effects of their eventual occurrence;

• 5)

  Suitability: The protection measures must be adequate to the risk situation and must attempt to adapt to the particular conditions of the protected persons;

• 6)

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

• 7)

  Concurrence: The institutions comprising the National Protection System for 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: The measures must be intended exclusively for persons who are at high risk or who are linked by the defense activities they perform;

• 10)

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

• 11)

  Prevention: The General Direction of the Protection System and the rest of the State institutions with competence have the permanent duty to establish effective measures that avoid any risk directed at the beneficiary persons;

• 12)

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

• 13)

  Causality: The protection measures are based on risk factors and on the condition, activity, position or profession performed by the beneficiary persons;

• 14)

  Proportionality: The 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 families must be kept in strict secrecy;

• 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 different persons; and 17) Respect: All decreed protection measures must be directed to guarantee respect for life and the 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 and collectively, have among others, the following rights:

• 1)

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

• 2)

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

• 3)

  To receive effective protection by the State, through the competent authorities, when protecting themselves by peaceful means, from acts or omissions imputable to the State that cause violations of human rights and fundamental freedoms;

• 4)

  To 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)

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

• 6)

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

• 7)

  To disseminate, publish and freely express their opinions, information and ideas of all kinds, without consideration of limitations, whether orally, in writing or in printed or artistic form or through any other procedure of their choice;

• 8)

  To study and debate whether fundamental rights and freedoms are observed in practice, to form and maintain an opinion in that regard and to bring the matter to public attention by all possible means;

• 9)

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

• 10)

  To present to the Powers and other Institutions of the State, observations, criticisms and proposals to improve their functioning;

• 11)

  To present complaints or call attention to any aspect of their work that may obstruct or prevent the promotion, protection and realization of human rights and fundamental freedoms;

• 12)

  To be protected and to have effective legal remedies available, in the event of violation of human rights and fundamental freedoms;

• 13)

  To file a complaint or petition, by themselves or through a representative, before a competent, independent and impartial authority or any other authority established by law, that such complaint or petition be examined promptly and to obtain from that authority a response without delay and in accordance with the time limits established in this Law;

• 14)

  To attend hearings, proceedings and public trials to form an opinion about compliance with national norms, obligations and applicable international commitments, except for reserves decreed in accordance with the Law;

• 15)

  To offer and provide professional legal assistance or other relevant advice, accompaniment and assistance to defend human rights and fundamental freedoms;

• 16)

  To demand from the State the conduct of quick and impartial investigations when there are indications to believe that a violation of human rights and fundamental freedoms has occurred anywhere in the national territory;

• 17)

  To 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) To 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 is understood to mean:

• 1)

  Human Rights Defender: Every 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 the environment and conservationists of natural resources.

• 2)

  Justice Operators: The officials or employees who participate in the process of application or administration of the Law such as police officers, prosecutors of the Public Ministry, judges and magistrates of the Judicial Branch and lawyers in the performance of defense activities they conduct in the exercise of their profession.

• 3)

  Journalists, Social Communicators, Photographers, Cameramen and Graphic Reporters in the Media: Natural persons who perform work 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 otherwise.

• 4)

  Risk: The probability of occurrence of a danger or aggression to which a person, a group or a 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 in which a person exposed to a situation of vulnerability resides or conducts their activity or exercises their position.

• 7)

  Aggressions: The damage, threat, harassment or intimidation suffered by human rights defenders, journalists, social communicators and justice operators as a result of the exercise of their activity or position.

• 8)

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

• 9)

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

• 10)

  Protection Mechanisms: The set of actions or security instruments that the National Protection System for Human Rights Defenders develops and/or implements by itself or with the concurrence of the different State organisms, with the purpose of preventing and dissuading risks and protecting the life, personal integrity, freedom and security of the beneficiary persons referred to 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 means to confront the risk and protect the right of security to confront the 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, integrity and freedom of the beneficiary person and in some cases their property.

• 14)

  Psychosocial Measures: The set of actions directed to address the psychological and social impacts of violence on human rights defenders, their families and the organizational spaces in which they participate.

• 15)

  Measures Directed to Address Impunity: The set of actions directed to guarantee the effective investigation, prosecution and punishment of those responsible for attacks against the persons subject to this Law.

• 16)

  Study of Assessment for Immediate Action: The immediate analysis of risk factors to determine the situation and level thereof and the 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 the different risk factors is conducted in order to determine the level in which the potential beneficiary or petitioner finds themselves, which for these purposes may be moderate, serious or very serious.

• 18)

  Ordinary Procedure: The procedure by which the request is received, preventive and protection measures are decreed and applied in favor of 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 STATE'S 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 generated against them, regardless of whether these come from state actors or private individuals.

ON THE DUTY TO PROVIDE COLLABORATION.- Every civil, police or military authority, as well as private individuals, are obligated to provide information expeditiously and provide all collaboration required by the various instances in charge of compliance with this Law for the achievement of its purposes.

ON THE STATE'S DUTY TO ORDER 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 those that imply the commission of violations of human rights.

ON THE STATE'S DUTY TO ORDER 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 fundamental rights and freedoms. State servants have the duty to contribute to this end.

ON THE STATE'S DUTY TO ORDER NECESSARY MEASURES FOR THE PROTECTION OF HUMAN RIGHTS.- The State has the primary duty to order the necessary personal protection and security mechanisms, by means of and in coordination with the General Direction 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 framework of their competencies must provide the collaboration required for the faithful compliance with the provisions of this Law.

ON THE STATE'S DUTY TO ORDER NECESSARY MEASURES TO GUARANTEE HUMAN RIGHTS.- It is the duty of the State to order legislative, judicial, administrative or other appropriate measures to guarantee all persons subject to its jurisdiction respect for and protection of their civil, political, economic, social and cultural rights, among such measures are the following: 1) The publication and broad dissemination of the laws, national regulations and basic international instruments of human rights; and 2) Access under conditions of equality to official information derived from obligations and international commitments in human rights, including periodic reports of the State to the organs established by the conventions and international treaties of which the State of Honduras is a Party. The State must guarantee and support the development of other independent national institutions designed to promote and protect 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)

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

• 2)

  To strengthen the Rule of Law and accountability mechanisms;

• 3)

  To encourage equitable and inclusive social structures;

• 4)

  To set up structures for operations and respond to early warning signals;

• 5)

  To ratify International Instruments of human rights; and 6) To disseminate a culture of respect for human rights.

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

• 1)

  The Government;

• 2)

  Civil society;

• 3)

  National human rights institutions;

• 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 general attention. Likewise the establishment of an early warning system, which must necessarily be accompanied by a structure of immediate response. As the basis of 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 that configure prevention plans so that from this perspective the incidence of attacks on human rights is reduced.

ON NEW ACTORS.- In accordance with the resolutions of the High Commissioner for Human Rights of the Organization of the United Nations (UN), the institutional framework and formation of new actors must be created to establish actions that systematically configure prevention plans so that from this perspective the incidence of attacks on human rights is reduced. This new strategy entails the establishment of reports and statistics that relate the establishment of new institutions dedicated to prevention with the indices of facts committed to the detriment of human rights. Civil Society Organizations and the re-education of State policies must be part of the promotion and prevention in the management of human rights.

PERFORMANCE MEASUREMENT.- The State must establish mechanisms that issue measurements 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.

EARLY WARNING.- Early Warning is the instrument with which information related to situations of vulnerability and risk affecting the entire population is verified and analyzed in a technical manner and advises the competent authorities with protection duties, so that they coordinate and provide timely and comprehensive care to affected persons; it likewise advises on risk situations and promotes comprehensive prevention by the State in order to protect and guarantee in a timely manner the fundamental rights of the population.

DUTY TO PROMOTE HUMAN RIGHTS TEACHING AT ALL LEVELS.- The State, through the State Secretariat in the Office of Education and the State Secretariat 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, whether basic, secondary, or higher. Likewise, human rights teaching must be included in the training programs for State officials. TITLE II OF THE NATIONAL SYSTEM FOR THE PROTECTION OF DEFENDERS AND DEFENDERS OF HUMAN RIGHTS, JOURNALISTS, SOCIAL COMMUNICATORS AND JUSTICE OPERATORS CHAPTER I OF THE ENFORCEMENT ORGANS OF THE LAW

NATIONAL PROTECTION SYSTEM FOR HUMAN RIGHTS DEFENDERS.- The National Protection System for Human Rights Defenders is hereby created, whose function is to lay the foundations for coordination with other public institutions and with society in general, for effective protection within the framework of public policy and the national plan for Human Rights. It includes the set of actions, norms, and resources for the application of this Law. The National Protection System for Human Rights Defenders is composed of:

• 1)

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

• 2)

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

NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The National Council for the Protection of Human Rights Defenders is hereby created, as a deliberative and advisory body to the National Protection System for Human Rights Defenders.

COMPOSITION OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The National Council for the Protection of Human Rights Defenders is composed of a principal representative and an alternate representative of the following State institutions and civil society organizations:

• 1)

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

• 2)

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

• 3)

  The Public Ministry;

• 4)

  The Judicial Branch;

• 5)

  The Office of the Attorney General of the Republic;

• 6)

  The State Secretariat in the Office of Security;

• 7)

  The State Secretariat 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 civil society human rights organizations 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 the Protection of Human Rights Defenders must be the head of the respective institution, and likewise the person acting as alternate must hold the position of State Undersecretary, Attorney General of the Republic, Assistant Attorney General, Assistant Attorney General of the Republic, as applicable. Representatives of human rights defender organizations must be elected in a public assembly convoked by the State Secretariat 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 term of office of the members of the National Council for the Protection of Human Rights Defenders is two (2) years and they may only be reelected for one additional term. Except for representatives of State institutions who shall maintain their condition while they hold office.

COORDINATION OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The Coordination of the National Council for the Protection of Human Rights Defenders is exercised alternately in each period. Each coordinator must serve for one (1) year and must be elected in accordance with its internal regulations.

PROFILE OF COUNCIL MEMBERS FROM HUMAN RIGHTS ORGANIZATIONS.- The Council members from human rights organizations and professional associations must meet the following profile:

• 1)

  Be Honduran;

• 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.

POWERS OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The powers of the National Council for the Protection of Human Rights Defenders are the following:

• 1)

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

• 2)

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

• 3)

  Advise State bodies in the compliance of public policies that guarantee the work of human rights defenders;

• 4)

  Promote or instruct the design and implementation of instructions, public policies, and programs to guarantee and make effective the rights set forth in this Law;

• 5)

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

• 6)

  Analyze, debate, conduct, and publicize annual reports on the national context, the situation of human rights defenders, journalists, social communicators, and justice operators in the country, making the corresponding recommendations to the responsible authorities to adopt the necessary measures;

• 7)

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

• 10)

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

• 11)

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

• 12)

  Draft and approve its internal regulations; and,

• 13)

  Any others necessary for the fulfillment of its purposes.

MEETINGS OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- The National Council for the Protection of Human Rights Defenders must meet in ordinary session once a month, convoked by the Coordination of the Council, and is validly established with the attendance of more than half of its members. It may meet extraordinarily 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.

RESOLUTIONS OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- Once the National Council for the Protection of Human Rights Defenders is validly established, it must adopt its decisions with the simple majority vote of those present, and in case of a tie, the Coordination of the Council has the casting vote.

AD HONOREM SERVICE.- The members of the National Council for the Protection of Human Rights Defenders exercise their duties on a purely ad honorem basis. CHAPTER III OF THE GENERAL DIRECTORATE OF THE PROTECTION SYSTEM

GENERAL DIRECTORATE OF THE PROTECTION SYSTEM.- The General Directorate of the Protection System is part of the organizational structure of the State Secretariat in the Offices of Human Rights, Justice, Governance and Decentralization, constituting the executive body of the National Protection System for Human Rights Defenders.

POWERS OF THE GENERAL DIRECTORATE OF THE PROTECTION SYSTEM.- The powers of the General Directorate of the Protection System are the following:

• 1)

  Receive all protection requests 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 risk situation that warrants urgent measures;

• 4)

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

• 5)

  Coordinate with State institutions, civil society, and other relevant entities regarding the compliance of measures and protection plans;

• 6)

  Request and provide continuous 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 measures decreed by the jurisdictional bodies of the State, respectively;

• 7)

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

• 8)

  Prepare the Operational Protocols required for the effective application of this Law;

• 9)

  Provide support to the petitioning or beneficiary person or persons 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 the Protection of Human Rights Defenders;

• 11)

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

• 12)

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

• 13)

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

FACILITATION OF THE NATIONAL COUNCIL FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS.- In its capacity as Executive Secretariat of the National Council for the Protection of Human Rights Defenders, the General Directorate of Protection must: 1) Issue convocations for ordinary and extraordinary sessions of the National Council for the Protection of Human Rights Defenders; and, 2) Widely publicize to the population 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, charged with conducting risk analysis opinions, deliberation and decision-making 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 Human Rights Prosecutor's Office, and the Human Rights Department of the State Secretary's Office of the Department of Security. The Technical Committee must be advised by experts in risk analysis. In case of a tie in decision-making, the General Director of the Protection System has the deciding vote. Members of the Technical Committee are obligated to maintain strict confidentiality of all information relative to the protection procedure and case analysis. Otherwise, the person who breaches confidentiality must be suspended from their exercise within the Technical Committee, with the replacement being delegated to another person from the institution they represent.

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

• 1)

  To conduct risk analysis of persons requesting protection;

• 2)

  To issue technical opinions with 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 protection measures granted in a timely manner to beneficiary persons;

• 4)

  To dictate new protection, prevention measures whether urgent or ordinary that guarantee the life, integrity, freedom and security of persons in situations of risk;

• 5)

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

• 6)

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

• 7)

  To prepare, evaluate and update every six (6) months the risk analysis of the beneficiary; and,

• 8)

  Any other measure that contributes to the proper performance of its functions.

RISK EVALUATION.- Risk analyses and immediate reaction must be carried out in accordance with the best methodologies, best practices and international standards, considered in the approved protocols, which must take into account:

• 1)

  The level of risk and the scope of beneficiary persons;

• 2)

  The Protection Measures suitable to minimize the determined risk; and,

• 3)

  The immediacy and promptness in the adoption of protection measures. CHAPTER V INTERVENTION OF THE STATE SECRETARY'S OFFICE OF THE DEPARTMENT OF SECURITY IN THE IMPLEMENTATION OF PROTECTION MEASURES

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

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

• 1)

  To implement protection measures of a police character decreed by the Technical Committee of the Protection Mechanism in the terms set forth 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 in charge of providing personal protection, in accordance with the decreed measures;

• 4)

  To recommend the procedure for selection, admission, training and professionalization of security personnel assigned to the protection of persons, in accordance with the National Council for the Protection of Human Rights Defenders;

• 5)

  To present to the head of the State Secretary's Office of the Department of Security the budget project required for faithful compliance with its responsibilities established in this Law, in each fiscal period;

• 6)

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

• 7)

  To prepare its internal regulations and protocols for the implementation of police-character protection measures; and,

• 8)

  Any other measures derived 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 protective measures, whether ordinary or urgent, that are decreed have as their object to dissuade and reduce the reported risk, for which they must be communicated to the competent authority immediately. These measures are of individual or collective nature, suitable, effective and temporary, in accordance with the best methodologies, best practices and international standards. They must also be extended to those persons determined by the Risk Evaluation Study and analyzed, determined, implemented and evaluated in agreement with the beneficiary persons. Where possible, protection measures must not restrict the usual activities of beneficiary persons, nor imply surveillance or undesired 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 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 exists and that the latter be 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 channeled through the respective Protocols that, in compliance with this law, must be created by the State Secretary's Office in the Departments of Human Rights, Justice, Internal Governance and Decentralization through the General Directorate of the Protection System, attending to the recommendations of the National Council for the Protection of Human Rights Defenders. The Protocols that are adopted must consider the existing differences within the protected groups, address gender, ethnic aspects, ethnic origin; socioeconomic situation; sexual orientation and gender identity, geographic differences between urban and 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 in order to measure the level of risk of beneficiary persons and, if applicable, adapt the ordered measures. In addition to the above, the General Directorate of the Protection System may, by its own initiative or at the request of the beneficiary person, review the implemented protection measures. When the review of the above-mentioned protection measures is requested by the General Directorate of the Protection System, it must do so in writing and provide evidence of the reasons for its request. When the review is requested by the beneficiary person, their direct family members or the organization that represents them, it must likewise be done in writing, presenting the request in writing, being 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 authority concerned, for the relevant purposes. CHAPTER II PROCEDURE FOR THE RECEPTION, ADOPTION AND IMPLEMENTATION OF PROTECTION MEASURES

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

PLACES 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 hours and days and there is a need to adopt urgent protection measures, the same may be adopted by the State Secretary's Office of the Department of Security through the Preventive Police or otherwise the competent authority in matters of security. The above without prejudice to remitting the file within a period of twenty-four (24) hours to the General Directorate of the Protection System so that it continues with the procedure set forth in this Law and the corresponding regulatory legislation. The State Secretary's Office of the Department of Security through the Human Rights Department and in coordination with the General Directorate of the Protection System must prepare the respective protocols for these urgent actions.

RECEPTION OF THE REQUEST.- Once the 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 on whose behalf protection is requested is within the beneficiary population of this Law;

• 2)

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

• 3)

  That there is a causal nexus between the situation of risk and their activity as a human rights defender or in the case of journalists, social communicators and justice operators; and,

• 4)

  That there are indications of the risk situation.

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 corresponds to process it ordinarily or extraordinarily depending on the existence of imminent risk.

EXTRAORDINARY PROCEDURE.- When there are elements to determine imminent 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 freedom of the petitioner, the General Directorate of the Protection System must urgently order in favor of the requesting person and instruct the State Secretary's Office of the Department of Security accordingly, so that the same be implemented within a period not exceeding eight (8) hours after the receipt of the Resolution decreeing the respective measure. For the implementation of urgent measures, the informed consent of the beneficiary person is necessary, which may be given personally, via telephone or through any other communication channel, with the General Directorate of the Protection System keeping written record of said consent. When the authority implementing the measures makes contact with the beneficiary person, it must obtain consent in writing, unless it is prevented by serious and/or exceptional cause. In this case, consent may be given 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 place, so long as the Technical Committee of the Protection Mechanism determines its modification or cancellation following prior risk analysis, which must be conducted between one (1) and two (2) weeks later.

The General Directorate of the Protection System must inform the members of the Technical Committee of the Protection Mechanism about cases to be processed in the ordinary manner, and the Committee must meet weekly in order to conduct the respective risk assessment in each case.

The Technical Committee of the Protection Mechanism, with the information at its disposal, must determine the risk situation based on threats, vulnerabilities, and capacities of the beneficiary person. If the information or documentation initially provided is insufficient to issue the risk assessment, the General Directorate of the Protection System must request the presence of the potential beneficiary person and/or their family members or the organization representing them, or request additional information. While obtaining the required additional information, the General Directorate of the Protection System may request from the Technical Committee of the Protection Mechanism internal measures, which shall serve to protect the person while definitive measures are determined. In accordance with the respective Protocol, the Technical Committee of the Protection Mechanism must conduct a risk assessment in each case in order to determine the level, whether moderate, serious, or very serious, and determine the necessary protection measures. In all cases, the requesting person and/or their representative must be heard, seeking consensus on the measures to be adopted. Risk analysis in the Ordinary Procedure must be carried out by the Technical Committee of the Protection Mechanism within a period of two (2) to four (4) weeks.

The implementation of protection measures ordered by the Technical Committee of the Protection Mechanism must be implemented by the General Directorate 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 Directorate of the Protection System, depending on the type of protection measures decreed, must coordinate with the pertinent public authorities, who are obligated to provide the necessary institutional resources and additional resources that may be supplied by the General Directorate of the Protection System.

The Technical Committee of the Protection Mechanism must proceed to:

• 1)

  Communicate immediately the Resolution of merit issued by the General Directorate 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 given personally, by telephone, or through any other communication channel, always leaving written record except when prevented by grave and/or exceptional cause. In such case, it may be given by their spouse, 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 Directorate 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)

  Monitor the implementation of the measures granted and determine their level of compliance, effectiveness, and decree the corrective measures that may be necessary.

In accordance with the respective Protocols, the Technical Committee of the Protection Mechanism may decree on its own motion 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 human rights defense and law enforcement.

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 report it to the corresponding Public Prosecutor's Office. The foregoing without prejudice to the obligation of the General Directorate of the Protection System to communicate with the competent authorities officially within a period of twenty-four (24) hours.

Compliance with precautionary and provisional measures from the Inter-American Commission and Court of Human Rights respectively is the responsibility of the National Protection System for Human Rights Defenders, which must coordinate with the General Attorney of the Republic as the State's representative before the Inter-American System of Human Rights Protection for the reception and processing thereof. When the respective notification is received, the General Attorney of the Republic must immediately forward to the General Directorate of the Protection System the mandate issued by the Inter-American Commission or Court of Human Rights, with the purpose of implementing it within the timelines, manner, and form determined by them. The Technical Committee of the Protection Mechanism must conduct an additional risk analysis with the objective of determining whether the protection measures ordered by said bodies are sufficient to prevent irreparable damage to their rights, ensuring at all times the informed consent of the beneficiary persons, their family members, or the organization representing them. Neither the General Directorate of the Protection System nor the Technical Committee of the Protection Mechanism may suspend or in any manner diminish the protection granted by the precautionary or provisional measures of the Inter-American Commission and Court of Human Rights, respectively.

Any requesting person or beneficiary who disagrees with the decisions of the Technical Committee of the Protection Mechanism has the right to challenge such decision before the General Directorate of the National Protection System. The appeals presented must be resolved in a preferential and urgent manner, always based on the pro persona principle, within a maximum period of twenty-four (24) hours than the procedure established by the Administrative Procedure Law.

In the event that the final resolution determines not to process the request, the rights of the applicant are reserved to submit a new protection request in case additional information exists or new circumstances arise.

The resolutions and recommendations issued under this Law are mandatory. Officials who through negligence or refusal prevent the application of protection measures to guarantee the life, integrity, and security of persons subject to this Law incur the crime of violation of the duties of officials and others that may be applicable in each case, proceedings that must be initiated ex officio by the Public Ministry. This is without prejudice to the civil and administrative responsibilities that correspond.

The State Secretariat in the Offices of Human Rights, Justice, Governance, and Decentralization, through the General Directorate of the Protection System, must refer ex officio and immediately to the Public Ministry the complaint in those cases where noncompliance with obligations generated by this Law is verified on the part of public officials and employees and any civil and military authority concerned in the scope of this Law, so that the corresponding criminal action may be exercised.

The State Secretariat in the Offices of Human Rights, Justice, Governance, and Decentralization, through the General Directorate of the Protection System, must enter into cooperation agreements in order to achieve the objective of guaranteeing the life, integrity, liberty, and security of human rights defenders, journalists, social communicators, and justice operators. It may enter into these agreements with national and international humanitarian organizations and institutions and with institutions from other States, following the corresponding legal channels that may facilitate resources, technical assistance, and even asylum or refuge.

Cooperation agreements have, among others, the following objectives:

• 1)

  Technical and financial assistance to the State Secretariats 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)

  Strengthening the capacities of the personnel of the General Directorate of the Protection System and the Technical Committee of the Protection Mechanism for care in their different areas of work;

• 4)

  Strengthening the State Secretariat in the Office of Security in matters of human rights defense;

• 5)

  Reciprocal collaboration and assistance with public and private institutions;

• 6)

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

• 7)

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

• 8)

  Any others that the parties may agree upon for compliance with this Law.

The State Secretariat in the Offices of Human Rights, Justice, Governance, and Decentralization, through the General Directorate of the Protection System, must enter into cooperation agreements in order to achieve the objective of guaranteeing the life, integrity, liberty, and security of human rights defenders, journalists, social communicators, and justice operators. It may enter into these agreements with national and international humanitarian organizations and institutions and with institutions from other States, following the corresponding legal channels that may facilitate resources, technical assistance, and even asylum or refuge.

Cooperation agreements have, among others, the following objectives:

• 1)

  Technical and financial assistance to the State Secretariats 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)

  Strengthening the capacities of the personnel of the General Directorate of the Protection System and the Technical Committee of the Protection Mechanism for care in their different areas of work;

• 4)

  Strengthening the State Secretariat in the Office of Security in matters of human rights defense;

• 5)

  Reciprocal collaboration and assistance with public and private institutions;

• 6)

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

• 7)

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

• 8)

  Any others that the parties may agree upon for compliance with this Law.

Access to and dissemination of information related to this Law must be in accordance with the provisions of the Transparency and Access to Public Information Law. 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.

All information relating to this Law concerning individual cases must 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 FINAL AND TRANSITORY PROVISIONS

Within three (3) months from the date of entry into force of this Law, the State Department in Charge of Human Rights, Justice, Governance and Decentralization and the National Human Rights Commissioner in the capacity of Advisor must issue the respective regulations and protocols for its implementation. Within the same period, the Human Rights Department of the State Department in Charge of Security must prepare the protocols relating to the specific functions determined by this Law.

The State Department in Charge of Human Rights, Justice, Governance and Decentralization must proceed within no more than thirty (30) days from the publication of this Law, to convene the sectors that comprise the National Council for Protection of Human Rights Defenders, in order to hold general assemblies where the election of their respective principal and alternate representatives takes place. Similarly, it shall require the other institutions to accredit their respective representatives.

Institutions in the justice sector must make modifications to their own budgets to address the item of protection measures for their operators. For the purpose of guaranteeing the independence of justice operators, the Judicial Branch and the Public Prosecutor's Office 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 Director of the Protection System must cooperate with justice sector institutions so that they formulate their budgetary allocations in a manner that is responsive to the economic situation and context of the country.

For the effective implementation of this Law, the State Department in Charge of Finance is instructed to allocate sufficient and necessary financial resources from the General Budget of the Republic. Likewise, it must allocate complementary budget items. Additionally, 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 legacies, as well as national and international cooperation of lawful origin, from natural or legal persons, public or private, of which account shall be given by means of a special report in accordance with the norms and procedures regulated by the Court of Accounts and the body or person providing the cooperation;

• 3)

  Those granted by special laws; and,

• 4)

  Any others obtained by any title.

The Special Fund for the Protection of Human Rights Defenders, Journalists, Social Communicators, and Justice Operators is created, which must be allocated immediately with resources from the Population Security Fund, once this Law enters into force. Its description and execution are subject to a special regulation.

To guarantee the continuity of the processes developed by the National Council for Protection of Human Rights Defenders, two (2) representatives of the Human Rights organizations of the installed Council must remain in their positions and only the remaining ones shall be replaced.

The representation in the National Council for Protection of Human Rights Defenders of the Association of Judges and Magistrates is understood to be conferred upon the Association of Judges for Democracy, who must take turns holding the principal and alternate positions during the time they remain in office.

This Decree shall enter into force from its publication in the Official Gazette La Gaceta. Done 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 PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch. Therefore: Enforce it. Tegucigalpa, M.D.C., May 14, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN CHARGE OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO