IACHR
Press Release
IACHR Urges Honduras and Guatemala to Guarantee the Rights of People in the Migrant and Refugee Caravan
February 19, 2019
IACHR Press and Communication Office
Tel: +1 (202) 370-9000
cidh-prensa@oas.org
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR)
expressed its concern over the human rights situation of the migrants and
refugees that are part of the so-called migrant caravan heading to Mexico and
the United States. The IACHR urges the states of Honduras and Guatemala to
guarantee the human rights of the migrants and refugees that are part of this
caravan, including the right to leave any given territory, to seek and be
granted asylum, and to nonrefoulement.
According to publicly available information, on January 14, 2019, a new
migrant caravan began to form in San Pedro Sula, Honduras, heading toward
Mexico and the United States of America. According to information received
by the IACHR, Hondurans, in particular, faced obstacles when attempting to
leave their country, including at least seven checkpoints, blockades in the
form of “human fences” made up of agents from different security forces, and
police checkpoints requesting identity documents at the border. The IACHR
has also received reports of the use of force by Honduran police officers,
who allegedly teargassed the caravan, injuring several people, including
children and adolescents. These events unfolded against the backdrop of a
strong media campaign seeking to dissuade people from migrating. As a
result, many migrants, including families with children, have decided to
avoid regular border crossing points by taking more dangerous routes through
blind spots on the border. The IACHR wishes to remind the state of Honduras
that all people have the right to freely leave any country, including their
own, according to the terms of Article 22.2 of the American Convention on
Human Rights. Likewise, the inability to leave your country may also imply a
restriction to the right to seek and be granted asylum, as per Article 22.7
of the American Convention.
Furthermore, the IACHR has received information regarding the use of
force by authorities on the Guatemalan side of the border, including a riot
police barrier armed with battens, rubber bullets, and other weapons. These
officers only allowed women with children to enter the country. The IACHR
stresses that force should only be used during migration-related operations
in compliance with the principles of legitimate purpose, absolute necessity,
and proportionality. It also wishes to remind states that migrants do not
represent a threat to national security. As a consequence, the IACHR urges
the state of Guatemala to guarantee the human rights of migrants and
refugees, including the right to seek and be granted asylum and to the right
to nonrefoulement, and to refrain from resorting to the use of force in
response to the arrival of migrants in masse.
The IACHR has argued for several years now that the forced migration of
people from Honduras, El Salvador, and Guatemala is one of the main human
rights challenges facing the region. According to figures from the United
Nations High Commissioner for Refugees (UNHCR), the number of asylum-seekers
from these three countries has risen significantly over the past five years:
there has been a 439% increase in the number of people with pending
applications for asylum and a 150% increase in the number of people who have
already been granted asylum.
“More than ever before, we need to remember that migration is not a
crime,” said Commissioner Luis Ernesto Vargas Silva, rapporteur on the
rights of migrants. “The large-scale migratory movements that we have been
witnessing for several years now reflect the widespread violence,
discrimination, poverty, and inequality facing the most marginalized sectors
of society in the Northern Triangle countries.”
On her part, IACHR President Esmeralda Arosemena de Trotiño, noted: “Many
of the people who are part of these caravans need international protection
and many others are in vulnerable situations and require special protection.
These include children and adolescents, women, people with disabilities,
LGTBI people, and the elderly.”
The IACHR urges states to refrain from criminalizing migration, to
guarantee respect for the integrity and dignity of all people under their
jurisdiction, to allow people to leave their territories, and to guarantee
people the right to seek and be granted asylum.
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.
No. 037/19