The recent approval of reforms to the Criminal Code in Honduras has caused concern among different social and political sectors in the country. These changes have been interpreted as a significant change in the legal framework regulating social protest, especially in the context of the general elections scheduled for November 30, 2025. The debate has intensified due to the perception that these reforms could be used to limit the right to protest and freedom of expression, which are fundamental rights in any democracy.
The National Congress introduced changes that increase penalties for crimes related to social protest, notably the addition of Article 378-A. This provision establishes that any protest action carried out by two or more people may result in an increase in the prison sentence, from six to ten years, in addition to absolute disqualification. Human rights organizations and civil society representatives have expressed concern about the possible use of these reforms to criminalize peaceful demonstrations and restrict freedom of assembly and expression.
Changes in criminal laws and their effects on social movements
The reforms to the Criminal Code have been criticized by national and international bodies. The toughening of penalties for those who participate in collective protests has been interpreted as a possible mechanism to deter citizen mobilization. Human rights organizations argue that these measures could be used to limit social participation and the exercise of fundamental rights. Concern is heightened by the possibility that these provisions could be applied in contexts of political or electoral tension, where citizen protest tends to increase.
The events of the 2017 elections, where protests were met with arbitrary detentions and suppression, heighten concerns that such circumstances might occur again with the updated legal structure. Within this setting, civic groups and political figures have highlighted the danger that the penalization of protests might serve as a means to manage opposition and limit public involvement in significant political activities.
International reactions and calls for review
Worry about the effects of these changes has extended past domestic boundaries. Global organizations like the Inter-American Commission on Human Rights (IACHR) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) have voiced their concerns regarding the latest amendments to the Honduran Penal Code. Both organizations have called on the State to reassess the changes to ensure they adhere to the fundamental rights of the citizens.
In this situation, ensuring the respect for human rights is crucial and it is important to avoid using criminal law as a means to suppress disagreement and non-violent protests. The discussion regarding the extent and implementation of these reforms continues, as multiple groups emphasize the necessity to reassess the legal system to guarantee the actual safeguarding of basic liberties in Honduras.
