HONDURAS

Miskito Divers (Opario Lemoth Morris y otros)

The Miskitu town is an indigenous community that inhabits the Atlantic coast of Honduras and Nicaragua, an area that is in a condition of social and economic abandon in which the only
source that is in a condition of social and economic abandonment and whose only source of employment and sustainability has been fishing by way of diving in the sea.

The majority of the population works in the fishing industry, and despite the million-dollar revenues of the industry, they do not have access to adequate labor conditions, health, social security or justice.

Many adolescent and adult Miskitos have been disabled and killed while practicing diving fishing activities, primarily due to the absence of adequate equipment and training, the dangerously high depths at which they dive, the excessive daily working hours and the lack of control and supervision of activities.

A report from the Pan-American Health Organization (the most recent in its field) stated that, in 2004, around 9,000 divers practiced underwater lobster fishing. Among them, 97% had some degree of decompression syndrome and at least 4,200 miskitos had total or partial disability due to this practice. For its part, the Association of Disabled Honduran Miskitos Divers (AMHBLI) has reported that around 400 divers have died from work related illnesses.

For Miskito divers who suffer an injury related to their work at sea, it is impossible to receive effective and timely medical treatment. The isolation of Miskitu communities means that medical centers are few and far between, especially those with the hyperbaric chambers necessary to treat decompression syndrome. In addition, people who suffer from disabilities do not have access to adequate rehabilitation services. Due to a lack of money to access appropriate transportation–like a boat or a seaplane–to get to courts frequently located in other cities, affected divers and their families are unable to access justice or the appropriate authorities.

The State’s indifference to the the dangerous working conditions for divers and the labor exploitation committed by fishing enterprises led the Association of Honduran Miskitos of Crippled Divers, the Association of Women Miskitas and the Council of Elders to present their case to the Inter-American Commission on Human Rights in November 2004. Since 2007, the Centre for Justice and International Law (CEJIL) has been a representative of the case.

The Commision concluded that the State, despite being aware of the community’s situation, did not take steps to improve it, and therefore violated the right to personal integrity of divers who suffered accidents and violated the right to life of those who died from such accidents, generally endangering the integrity of the Miskitu People.

The State has partially complied with some of the Commission’s recommendations, like the creation of a Specialized Technical Commission to address the current situation of underwater fishing, the provision of housing to victims of the case and their families, and the provision of scholarships to the children of divers with disabilities. However, since these measures have not been comprehensive and have lacked resources and continuity, the State remains indebted to Miskito diver communities.

In May 2019, the Commission filed the lawsuit from the case with the Inter-American Court of Human Rights and is awaiting a hearing at the IACHR in San Jose, Costa Rica.

The IACHR process involves 43 victims with some type of disability and 22 divers who died during their work. The case is hoped to help the Honduran state to take structural measures to repair the damage to the Miskitu people.

 

Impact of the Case:

• This case represents the first opportunity for victims and their families to receive adequate and timely reparation and to set international standards, which dignify the fight of Miskitu diver communities and recognize their legitimacy.
• An IACHR judgment on this case would be an opportunity for Honduras to establish effective public policies that are aimed at improving the situation of labor exploitation of Miskito divers.