Criminal justice reforms in Honduras: a threat to peaceful demonstrations?

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 has enacted modifications that raise the penalties for offenses linked to public demonstrations, most notably by introducing Article 378-A. This section states that any protest action involving two or more individuals could lead to an elevated prison term, ranging from six to ten years, along with complete disqualification. Human rights groups and community leaders have voiced worries about the potential utilization of these amendments to criminalize nonviolent protests and limit the freedoms of assembly and speech.

Changes in criminal laws and their effect on public demonstrations

National and international organizations have criticized the changes to the Criminal Code. The increased severity of punishments for individuals involved in group protests has been seen as a potential tool to discourage public demonstrations. Groups advocating for human rights contend that these actions might restrict social involvement and the practice of basic rights. Worries are amplified by the chance that these regulations could be implemented during times of political or election-related tension, when public protest often rises.

The events of the 2017 elections, marked by arbitrary detentions and the suppression of demonstrators, heighten concerns that similar incidents might occur again under the newly established legal framework. Given this scenario, individuals and organizations within civil society and the political sphere have expressed alarm over the potential for the criminalization of protests to evolve into a mechanism for stifling dissent and limiting public engagement in vital political affairs.

Global responses and demands for reconsideration

Worry over the effects of these reforms has extended past the confines of any single country. 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 apprehensions regarding the recent changes to the Honduran Penal Code. These agencies have both appealed to the State to revisit these modifications to guarantee they uphold the essential rights of its 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.