IACHR Issues Follow-Up Resolution on Precautionary Measures in Favor of Berta Cáceres' Family, Members of COPINH, and Others in Honduras
November 16, 2021
Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Follow-Up Resolution 88/2021 on November 15, 2021, to address the implementation of precautionary measures in favor of Berta Cáceres' family, of members of the Civic Council of Popular and Indigenous Organizations (COPINH, by its Spanish acronym), and other beneficiaries in Honduras. The IACHR granted these precautionary measures in Resolution 8/2016 of March 5, 2016, and Resolution 16/2016 of March 23, 2018, in the belief that these beneficiaries faced serious, urgent risks of suffering irreparable harm to their rights.
This resolution assessed the information provided by the parties concerning investigation proceedings. The IACHR asked the State to pursue the relevant investigations further to solve these cases. The Commission commended the State on the measures it had taken to implement protection measures. The IACHR also took into consideration the beneficiaries' current situation, as reported by their representatives, and the platforms that the parties have enabled for negotiations.
After assessing all the available information, the Commission identified various challenges and addressed them in this Follow-Up Resolution. The IACHR decided to lift precautionary measures concerning Berta Cáceres (who has died) and Gustavo Castro (who has left the country).
In keeping with Article 25 of the IACHR's Rules of Procedure, the Commission made the following decisions:
- To keep in force the precautionary measures granted in favor of members of COPINH, members of Berta Cáceres' family, and the individuals Víctor Fernández, Arnold Guifarro, Carlos Jiménez, Mr. A, Ms. B, and Ms. C (this requires that the State of Honduras continue to take all measures necessary to effectively protect their lives and personal integrity, as requested in Resolution 8/2016 and Resolution 16/2016, considering the assessments made in Resolution 88/2021)
- To lift precautionary measures concerning Berta Cáceres and Gustavo Castro
- To ask the parties to submit concrete, detailed, and up-to-date information about the beneficiaries' situation, in order to continue to assess that situation in keeping with Article 25 of the IACHR's Rules of Procedure (when providing this information, States are asked to specify the situation of beneficiaries—whether individuals or groups—to be able to adequately identify how these precautionary measures are being implementing concerning each of these beneficiaries; this is particularly relevant for beneficiaries who are members of a legal team, for whom there is currently not enough up-to-date information)
- To ask the parties to continue to share platforms for internal negotiation and coordination, with a view to ensuring the implementation of these precautionary measures
- To express the IACHR's willingness to conduct an on-site visit to Honduras, with the State's consent, in order to check the situation of beneficiaries of these precautionary measures; the visit could include, among others, a working meeting with the parties and meetings with beneficiaries and with Honduran authorities who are directly responsible for implementing these precautionary measures (this is in line with the follow-up measures required for an effective implementation of these precautionary measures)
- To continue to implement all relevant monitoring measures, in keeping with Article 25.10 and other provisos included in the IACHR's Rules of Procedure
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.