Criminal law in Honduras raises concerns about repression in the electoral context

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 enacted amendments that heighten the punishments for offenses associated with public protests, particularly by introducing Article 378-A. This statute specifies that any protest activity involving two or more individuals could lead to an extended prison term, ranging from six to ten years, along with total disqualification. Human rights groups and civil society members have voiced worries regarding the potential for these changes to be used to criminalize peaceful protests and limit the right to assemble and express freely.

Criminal reforms and their impact on social protest

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—marked by reports of unjust detentions and suppression of demonstrators—heighten concerns about the potential recurrence of these actions under the revised legal structure. Within this setting, civil society along with political figures have expressed concern over the possibility that turning protests into criminal acts might be utilized as a means to suppress opposition and limit public involvement in essential 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, it is crucial to ensure that human rights are respected and to prevent the misuse of criminal laws as a means to suppress dissent and peaceful protests. The discussion regarding the extent and implementation of these reforms continues, while different groups emphasize the importance of reassessing the legal framework to guarantee the effective safeguarding of basic freedoms in Honduras.