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Defend the Sovereignty of Honduras and the Culture and Territory of the Garifuna People
Oscar Fernando Chinchilla
President of the Constitutional Chamber
Supreme Court of Justice
Dear Judge Chinchilla:
In view of the pending ruling of the Supreme Court of Justice on the appeal on the grounds of unconstitutionality filed in response to legislative decree No. 283-2010 and the reforms to the Constitution of the Republic to create the Special Development Regions (RED), we wish to express our profound concern about the potential imminent consequences that will erode of the jurisdictional power of the State and territorial sovereignty.
According to public notices, the RED is to be established on the northern coast, the ancestral territories of the Garifuna and Miskito Peoples, violating their human, cultural, social and economic rights. International law and the legal framework on the territorial rights of indigenous peoples – including a number of instruments signed by the Government of Honduras – enshrine these rights. According to the hierarchy of norms, their application must be preferential and is mandatory.
Internationally, there is awareness that the Public Prosecutor warns of the unconstitutionality of the decree on RED, and that the Legislature is bringing pressure to bear on the Supreme Court of Justice. This pressure calls into question the independence of the judiciary, and in turn constitutes a grave offense to the governmental institutions of the county.
We hope that the Supreme Court of Justice of Honduras values the importance of its independence, defends its sovereignty and declares Decree No. 283-2010 unconstitutional.
Sincerely,
President of the Constitutional Chamber
Supreme Court of Justice
Dear Judge Chinchilla:
In view of the pending ruling of the Supreme Court of Justice on the appeal on the grounds of unconstitutionality filed in response to legislative decree No. 283-2010 and the reforms to the Constitution of the Republic to create the Special Development Regions (RED), we wish to express our profound concern about the potential imminent consequences that will erode of the jurisdictional power of the State and territorial sovereignty.
According to public notices, the RED is to be established on the northern coast, the ancestral territories of the Garifuna and Miskito Peoples, violating their human, cultural, social and economic rights. International law and the legal framework on the territorial rights of indigenous peoples – including a number of instruments signed by the Government of Honduras – enshrine these rights. According to the hierarchy of norms, their application must be preferential and is mandatory.
Internationally, there is awareness that the Public Prosecutor warns of the unconstitutionality of the decree on RED, and that the Legislature is bringing pressure to bear on the Supreme Court of Justice. This pressure calls into question the independence of the judiciary, and in turn constitutes a grave offense to the governmental institutions of the county.
We hope that the Supreme Court of Justice of Honduras values the importance of its independence, defends its sovereignty and declares Decree No. 283-2010 unconstitutional.
Sincerely,
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