Concerns about criminal law reforms that could criminalize protests in Honduras

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 implemented modifications that raise the punishments for offenses associated with social protests, specifically the inclusion of Article 378-A. This clause dictates that any protest activity undertaken by 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 civil society advocates have voiced their worries regarding the potential employment of these amendments to criminalize peaceful protests and limit the freedoms of assembly and speech.

Legal changes and their effects on civil 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.

The experience of the 2017 elections, in which arbitrary arrests and repression of protesters were reported, reinforces fears that similar situations could be repeated under the new legal framework. In this context, civil society and political actors have warned of the risk that the criminalization of protest could become a tool to control dissent and restrict citizen participation in key political processes.

Global responses and demands for reconsideration

Worries regarding the effects of these reforms have reached beyond country borders. 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 apprehensions about the updates to the Honduran Penal Code. Both organizations have called on the State to reassess the reforms to guarantee that they uphold the basic rights of the citizens.

In this scenario, ensuring the observance of human rights and preventing the misuse of criminal laws as a means to suppress opposition and peaceful protests is crucial. The discussion regarding the range and implementation of these reforms continues, while different groups emphasize the necessity to reassess the legal framework to guarantee the genuine safeguarding of basic liberties in Honduras.