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Honduras, like all states, must recognise that lawyers need defending too Honduras, like all states, must recognise that lawyers need defending too
(7 months later)
On the day of the endangered lawyer on Sunday, which this year focuses on Honduras, the plight of lawyers working in countries where they are in danger must be addressed.On the day of the endangered lawyer on Sunday, which this year focuses on Honduras, the plight of lawyers working in countries where they are in danger must be addressed.
An independent legal profession is a vital ingredient for a country to thrive politically, socially and economically. Countries without well-functioning law and justice systems supported by an independent legal profession are not only denying people basic human rights, but a growing body of research suggests that prosperity, economic and otherwise, is also seriously hindered.An independent legal profession is a vital ingredient for a country to thrive politically, socially and economically. Countries without well-functioning law and justice systems supported by an independent legal profession are not only denying people basic human rights, but a growing body of research suggests that prosperity, economic and otherwise, is also seriously hindered.
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All governments need to recognise the importance of supporting an independent legal profession and access to justice. Not only will this benefit their own country’s economic development, it is also a requirement of the sustainable development goals, which call for the promotion of the rule of law and access to justice for all.All governments need to recognise the importance of supporting an independent legal profession and access to justice. Not only will this benefit their own country’s economic development, it is also a requirement of the sustainable development goals, which call for the promotion of the rule of law and access to justice for all.
According to the UN Office on Drugs and Crime, the homicide rate per 100,000 people in Honduras rose to 90.4 in 2012, from 50.9 in 2000. By 2013, Honduras had the highest homicide rate in the world; in the first six months of last year there were 2,580 homicides, an average of 14 a day.According to the UN Office on Drugs and Crime, the homicide rate per 100,000 people in Honduras rose to 90.4 in 2012, from 50.9 in 2000. By 2013, Honduras had the highest homicide rate in the world; in the first six months of last year there were 2,580 homicides, an average of 14 a day.
Donald Hernández, a Honduran lawyer and human rights defender who provides legal representation and support to indigenous and environmental rights groups affected by the mining industry, recently spoke to the Law Society. Honduras is considered the most dangerous place in the world for land rights defenders.Donald Hernández, a Honduran lawyer and human rights defender who provides legal representation and support to indigenous and environmental rights groups affected by the mining industry, recently spoke to the Law Society. Honduras is considered the most dangerous place in the world for land rights defenders.
Hernández has worked for the Honduran Centre for the Promotion of Community Development since 2010. He told us that since then, a staggering 102 law professionals have been murdered in the country, and that in 94% of those cases the perpetrators have not been brought to justice. Impunity is rife, it would seem.Hernández has worked for the Honduran Centre for the Promotion of Community Development since 2010. He told us that since then, a staggering 102 law professionals have been murdered in the country, and that in 94% of those cases the perpetrators have not been brought to justice. Impunity is rife, it would seem.
Those behind the deaths of lawyers and journalists are understood to be powerful groups from political and business spheres in collusion with organised crime.Those behind the deaths of lawyers and journalists are understood to be powerful groups from political and business spheres in collusion with organised crime.
Demands for an independent international commission to intervene against impunity and corruption – as it did in Guatemala – were, perhaps unsurprisingly, rejected outright by the government. In all likelihood, the families of some government officials would probably have faced investigation.Demands for an independent international commission to intervene against impunity and corruption – as it did in Guatemala – were, perhaps unsurprisingly, rejected outright by the government. In all likelihood, the families of some government officials would probably have faced investigation.
In 2012, findings in the annual report of the Inter American Commission on Human Rights backed up Hernández’s account. The commission’s visit to the country revealed the extent of the danger legal professionals face, as well as some of the causes, which include an increase in organised crime and drug trafficking. The police force was found to be responsible for the majority of serious human rights violations and corruption. The lawyers, prosecutors and judges working on such cases are particularly targeted.In 2012, findings in the annual report of the Inter American Commission on Human Rights backed up Hernández’s account. The commission’s visit to the country revealed the extent of the danger legal professionals face, as well as some of the causes, which include an increase in organised crime and drug trafficking. The police force was found to be responsible for the majority of serious human rights violations and corruption. The lawyers, prosecutors and judges working on such cases are particularly targeted.
It is encouraging to see that, last year, Honduras enacted a law for the protection of human rights defenders, journalists and lawyers. This was a response to concerted efforts within Honduras, together with recommendations from international human rights organisations and UN bodies. While this is undeniably a positive step, more must be done to ensure that those who put their lives at risk defending others are protected. Since the law was passed, at least five legal professionals have been killed in Honduras.It is encouraging to see that, last year, Honduras enacted a law for the protection of human rights defenders, journalists and lawyers. This was a response to concerted efforts within Honduras, together with recommendations from international human rights organisations and UN bodies. While this is undeniably a positive step, more must be done to ensure that those who put their lives at risk defending others are protected. Since the law was passed, at least five legal professionals have been killed in Honduras.
Unfortunately, it is far from the only country where lawyers live in daily fear for their freedom their lives, simply for doing their job.Unfortunately, it is far from the only country where lawyers live in daily fear for their freedom their lives, simply for doing their job.
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Last year, Tahir Elçi, a human rights lawyer and president of the Diyarbakir bar association, was assassinated in Turkey. In China, more than 200 lawyers were arrested. And this barely scratches the surface of the arrest, kidnapping and murder of legal professionals all over the world.Last year, Tahir Elçi, a human rights lawyer and president of the Diyarbakir bar association, was assassinated in Turkey. In China, more than 200 lawyers were arrested. And this barely scratches the surface of the arrest, kidnapping and murder of legal professionals all over the world.
Where lawyers are unable to practise for fear of arrest, detention or intimidation, they cannot properly protect people facing violations of their human rights – rights that governments, including the Honduran government, have signed up to protect.Where lawyers are unable to practise for fear of arrest, detention or intimidation, they cannot properly protect people facing violations of their human rights – rights that governments, including the Honduran government, have signed up to protect.
The day of the endangered lawyer puts countries that are failing to provide adequate protection for legal professionals under the spotlight. But it is the responsibility of those of us fortunate enough to work free from these fears to fight to ensure their protection – not just on specific days, but every day.The day of the endangered lawyer puts countries that are failing to provide adequate protection for legal professionals under the spotlight. But it is the responsibility of those of us fortunate enough to work free from these fears to fight to ensure their protection – not just on specific days, but every day.
• Jonathan Smithers is president of the Law Society of England and Wales• Jonathan Smithers is president of the Law Society of England and Wales