Michael M. Santiago/Getty Images
Michael M. Santiago/Getty Images
President Xiomara Castro campaigned on promises to combat corruption in Honduras. But almost two years into her presidency there has been little progress. In February 2022, just weeks after her inauguration, Castro invited the United Nations to begin the process to install an international anti-corruption commission in Honduras (CICIH, by its Spanish acronym), which civil society organizations, including the Washington Office on Latin America (WOLA), believe could make a difference given the country’s lack of judicial independence and institutional capacity to address structural impunity. Neighboring Guatemala successfully implemented a similar body, the Commission against Impunity in Guatemala (CICIG, by its Spanish acronym), between 2007-2019. But setting the commission in motion in Honduras will require Congress to pass unpopular reforms as well as political will and backing from the international community.
Why does Honduras need an international body to combat corruption?
In January 2022, President Castro took office in a country with a broken rule of law, where illicit networks were embedded in public administration at all levels. Organized crime was entrenched in the highest echelons of government, as the extradition to the U.S. of former President Juan Orlando Hernández, indicted on drug trafficking and firearms charges proved in April 2022. Hernández and his predecessors had failed to effectively address high levels of impunity and denied the Honduran people access to justice. By 2022, Honduras ranked 157th out of 180 nations in Transparency International’s Corruption Perception Index and 119th out of 142 countries in 2023 on the Rule of Law Index released by the World Justice Project.
The idea of an international mechanism is not new to Honduras. In 2016, given the lack of an independent judiciary capable of leading criminal investigations, the Organization of American States supported a Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH, by its Spanish acronym), but its mandate was allowed to expire in 2020. Since then, several setbacks to Honduras’ anti-corruption efforts have taken place. Legal reforms were introduced to obstruct the fight against corruption, such as laws that prevent the investigation and prosecution of corruption and money laundering, those that reduce penalties for corruption, and those that sanction civil society activists and journalists fighting against corruption and human rights violations.
What steps are needed to set up a UN backed international mechanism to combat corruption?
Following a series of discussions and negotiations, on December 15, 2022, Honduras and the United Nations signed a memorandum of understanding (MOU), identifying the conditions including the legal reforms required prior to establishing the CICIH. The UN subsequently appointed a group of experts that made several visits to Honduras. On their final visit in October 2023, they discussed the results of the trip and the preparations to advance in the negotiation of the draft agreement presented by President Castro.
Regarding the legal reforms that were an obstacle to investigating and prosecuting corruption, the National Congress of Honduras has made some progress since. Since the United States’ Department of State included members of the legislative branch in their visa sanctions list known as the “Engel list”. In July 2023, Congress repealed Decree 57-2020, which had prevented the seizure of documents from people accused of corruption, and reformed Decree 93-2021 on money laundering. In August 2023 it repealed Decree 116-2019, which shielded public officials from prosecutorial inquiries on the use of public funds. However, more reforms are needed. For example, according to the UN experts, Honduras’ Congress should repeal provisions in Decree 130-2017 of the Criminal Code, which substantially reduces penalties for corruption and organized crime, and Decree 117-2019, which incorporates parliamentary immunity, preventing deputies involved in corruption cases from being held accountable.
In addition to these reforms, two parallel processes are required so that the CICIH can move forward. While they require each other one does not depend on the other and each phase can be advanced separately:
a. UN Resolution
The UN General Assembly must pass a resolution giving the Secretary-General the power to establish the CICIH. This process must be led by the Honduran government, but its request was limited to technical assistance to address corruption. It must explicitly call for an international mechanism.
b. Agreement between the UN Secretariat and the government
For the final step, the UN Secretariat and the government of Honduras must negotiate an agreement. For this the Secretariat and the Honduran government must agree that minimum conditions have been met, and give a favorable opinion and then agree on the terms of the agreement and sign it.
How can we ensure an effective CICIH?
Aside from legal reforms, in order to be effective in tackling corruption and impunity the CICIH must have a clear mandate which allows it to operate independently with the full support Honduran institutions. The short-lived former MACCIH was ultimately not very effective because of its limited scope.
It is also necessary to clarify the legal framework which will allow the commission to independently investigate corruption and prosecute crimes alongside the Public Prosecutor’s Office. The CICIH will need discretion over which cases to investigate, regardless of political affiliation. To be truly independent, members of the CICIH must be chosen by an independent process, not hand-selected by the Castro administration, as has been proposed during negotiations.
Finally, as an UN body, members of the CICIH will need protection to be able to carry out their jobs. Investigations into high-level corruption and organized crime come with serious risks. The UN must give its full support to CICIH personnel, ensuring their safety while investigating sensitive cases with links to organized crime and violent networks. The Honduran government must also ensure the diplomatic immunity of CICIH members to protect them from retaliation, particularly following the criminalization of former members of the CICIG.
What are the main obstacles?
If the CICIH is installed, it will require support from the Public Prosecutor’s Office, the National Police, and the Judicial branch in effectively addressing impunity and dismantling illicit networks. On September 1, Congress was due to appoint an Attorney General and Deputy Attorney General,but after several weeks of a stalled process, on November 1, the LIBRE ruling party used a procedural workaround to place its preferred candidate as the interim. Amidst violence and disagreements, a Permanent Commission of Congress was installed and held an extraordinary session to designate Johel Zelaya as Attorney General and Mario Morazán as Deputy Attorney General, both as interims.
A divided Congress and the President’s lack of political will could complicate the passing of pending reforms and amendments.
What can the international community do?
In Honduras, pervasive corruption and impunity hurt citizens daily; tackling these issues is essential to protecting human rights. In the wake of a delayed process to establish the CICIH, the international community should take an active role in encouraging the process to move forward. This includes:
