Criminalization of protest in Honduras: current legal implications

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 law and their effects on public demonstrations

Changes to the Penal Code have faced criticism from both national and international entities. The increase in punishments for individuals taking part in group demonstrations is seen as a potential tool to discourage public movement. Human rights advocates claim that such measures might serve to restrict civic engagement and the practice of essential liberties. Worries grow due to the chance that these rules might be enforced in times of political or election-related contention, when public demonstrations generally 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.

International reactions and calls for review

Worries regarding the effects of these changes have extended past national limits. Global organizations, including 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 over the recent amendments to the Honduran Penal Code. Both organizations have called on the State to reassess the reforms to ensure they uphold the essential rights of the 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.