Freedom of expression at risk due to changes to the Honduran Penal Code

Honduras

The recent ratification of amendments to the Penal Code in Honduras has raised worries among various social and political groups nationwide. These modifications have been viewed as a major shift in the legal guidelines governing civil demonstrations, particularly considering the general elections set for November 30, 2025. The discussion has grown more intense because of the belief that these amendments might serve to restrict the rights to protest and free speech, which are essential aspects of any democratic society.

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.

Legal changes and their effects on public demonstrations

Changes to the Criminal Code have faced criticism from both national and international organizations. The increased penalties for individuals involved in group demonstrations have been perceived as a potential tool to discourage citizen activism. Human rights groups suggest that such actions might be employed to restrict public engagement and the practice of essential rights. Worries are intensified by the potential use of these laws in situations of political or electoral strain, where public protest is likely to rise.

Events from the 2017 elections, where reports of random detentions and suppression of demonstrators emerged, intensify concerns that such incidents might recur under the updated legal structure. Within this setting, civic groups and political figures have alerted about the potential risk of turning the criminalization of protest into an instrument for controlling opposition and limiting public involvement in vital political activities.

International reactions and calls for review

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.