Thank you, Mr. Chair.
On behalf of PEN Canada and the International Human Rights Program at the University of Toronto, Faculty of Law, I want to thank the committee for this opportunity to present on Bill C-20. I will be sharing my time with Tasleem Thawar, the executive director of PEN Canada.
Since 2010, PEN and the International Human Rights Program have worked together to research and report on threats to freedom of expression around the world. This January, we released our latest joint report, which focuses on impunity and violence against journalists in Honduras. I am a researcher for this report and our research included a thorough review of previous work published on the problem of impunity in Honduras, and extensive in-country interviews with journalists, human rights defenders, lawyers, government officials, and other stakeholders.
When we first embarked on this study, we were drawn to Honduras because we were, quite frankly, alarmed at what we were seeing: deadly violence against journalists in a country that until quite recently was not particularly notorious for such threats. Although Honduras has been plagued by violence and high crime rates for several years, the evidence suggests that the sharp increase in violence against journalists cannot simply be ascribed to this trend.
Our report finds that journalists are targeted for their work, and that they are especially vulnerable members of the population. As detailed in our report, freedom of expression in Honduras has suffered serious restrictions since the ouster of President Zelaya in June 2009. These past five years have seen a dramatic erosion in protections for expressive life in Honduras. Journalists are threatened, they're harassed, attacked, and murdered with near impunity, and sometimes in circumstances that strongly suggest the involvement of state agents. This has had a devastating impact on the general state of human rights and the rule of law in the country, since violence against journalists often silences coverage of topics such as corruption, organized crime, drug trafficking, and political reportage. Fearing for their personal safety, many journalists either self-censor or flee the country altogether.
Among the journalists and human rights defenders we spoke with, there is a pervasive sense that they are under threat, and that the state is, at best, unable or unwilling to defend them, or at worst, complicit in the abuses. This general feeling is borne out by the numbers. As our report sets out, only two convictions have been secured in the 38 journalist killings between 2003 and 2013—an impunity rate of 95%.
Investigations by the national police are conducted poorly, if at all. Indeed, the national police is widely acknowledged to be highly corrupt, notwithstanding decades of so called “purification”. When we were in Honduras, the deputy minister of justice and human rights told us that the police officers and police forces suffer from serious institutional problems, including infiltration by organized crime. A representative from an intergovernmental organization told us that his office operates under the assumption that narco-trafficking groups have established links with politicians, the army, and the police.
The taint of corruption and the culture of impunity have undermined trust among state agencies and public confidence in key institutions. Public distrust of the police is so great that only about 20% of crime is reported, and of that, less than 4% gets investigated. According to Honduras's own statistics, less than 1% of all crime in Honduras is subject to a police investigation.
Serious problems are evident throughout the criminal justice system. Police will say an investigation is under way when there is none. The office of the special prosecutor for human rights does not have the jurisdiction to try those responsible for the murders of journalists, and lacks resources to conduct even the most basic of investigations into human rights abuses.
We met with two of the special prosecutors for human rights defenders during our time in Tegucigalpa. One of them, Rosa Seaman, told us that she was personally responsible for 200 cases. However, her office received only enough funding for her salary and a vehicle. She had virtually no investigative resources, no team beyond herself and the other special prosecutor for human rights defenders, no investigative analysts, and no technical capacity to even trace the source of threats sent by email or telephone.
She estimated that realistically, she could only investigate and prosecute about one case per month. That means 12 cases out of the 200 that she is responsible for. Meanwhile, she and the other prosecutor we spoke with also reported being subject to threats for their work in protecting human rights. Therefore, while a special prosecutor for human rights exists on paper and as an institution, its ability to carry out its mandate is seriously compromised by severe underfunding and threats to the safety of the prosecutors themselves.
To be clear: under international law, when the state is unable or unwilling to prosecute crimes, this is state complicity in human rights violations. Honduras is facing a serious human rights crisis. This is not just a matter of working with Honduras to move beyond a troubled past. Violence against journalists, complete collapse of expressive life, and impunity for violent crimes and human rights abuses remain the norm there.
Ms. Thawar will set out why this is important for Canada and our interests in the region.
I thank you for the opportunity to address the committee, and I look forward to your questions.