Legal framework on freedom of religion and actual application
The Constitution of Honduras invokes the protection of God in its Preamble and guarantees the free exercise of all religions and faiths without preference insofar as they do not break any laws or violate public order. This right cannot be suspended or restricted in the case of an emergency.
According to Article 77, members of the clergy “may not hold public office or engage in any form of political propaganda, invoking religious motives or [...] taking advantage of the religious beliefs of the people.”
Articles 78 and 79 guarantee freedom of association and assembly as long as these do not violate public order and public morals.
Article 151 states that “national education shall be secular” and Article 152 recognises the right of parents to choose the type of education they want for their children.
Religious groups are not required to register. Only the Catholic Church is legally recognised in the law.
Unregistered organisations can operate but cannot claim tax exemptions or other benefits. To obtain legal recognition, religious groups must apply to the Secretariat of State for Human Rights, Justice, Governance and Decentralisation. The Office of the Solicitor General then reviews the application. Authorised organisations must submit annual reports relating their financial situation and activities. They can also ask the Ministry of Finance for tax exemptions and duty wavers.
Foreign missionaries must be sponsored by a Honduran institution and apply for an entry visa and residence permit. The government has signed agreements with the Evangelical Fraternity of Honduras, Mormons and Seventh-day Adventists to facilitate the acquisition of entry visas and residence permits for their missionaries. Groups that do not have written agreements must provide proof of employment and income for their missionaries. Foreign missionaries who use witchcraft or satanic rituals are not allowed into the country.
Honduras is a signatory to the International Covenant on Civil and Political Rights, as well as the Ibero-American Convention on Young People’s Rights. Both recognise the right to conscientious objection in the case of compulsory military service.
The Honduran government only recognises civil marriages. Under Article 13 of the Family Code, members of the clergy of any faith group that authorises a religious marriage without a civil marriage certificate is criminally liable.
Seventh-day Adventists have observed that certain educational establishments (schools and universities) do not respect their right to observe the Sabbath.
Article 228 of the Code of Criminal Procedure states that members of the clergy “authorised to operate in the country are not obliged to make any statement in relation to confidential information or secrets they may have heard during the exercise of their ministry and that they are required not to divulge.” The article also says that members of the clergy “must be informed of their right to remain silent,” and that, if they do agree to speak, “they may refrain from replying to any question they do not wish to answer.”
Incidents and developments
Honduras continues to be one of the poorest countries in the Western Hemisphere plagued with gangs ranging from local street groups to international drug-trafficking gangs (i.e.: the MS-13 and the 18th Street Gang) with membership running into the “tens of thousands”.
Religious groups such as the Catholic and Evangelical Churches play an important role in the life of civil society with numerous evangelical faith groups exerting “considerable social influence over the population, especially in so-called barrios” often a “critical mediator between gangs and the government” and serving as a “viable means for gang members to be reintegrated into civil society”.
In October 2021, the Association for a More Just Society (ASJ) issued a statement condemning the reform of the Special Law Against Money Laundering. The Honduran Congress amended the law to include civil society organisations that investigate, speak out, and expose acts of corruption, such as the media, journalists, religious organisations, universities, etc. According to the statement, the ASJ noted that the “legislative branch (of government) clearly contravenes the provisions of the Financial Action Task Force (FATF) and the United Nations Convention against Corruption, demonstrating its intention to threaten, persecute and coerce organisations that in recent years have proven to be the only bastion against corruption."
In October 2021, Congressman José Tomás Zambrano (Valle district) revived a motion to include daily Bible reading in Honduran public schools, an initiative that was criticised because it goes against Article 151 of the Constitution, which establishes that public education must be secular.
In January 2022, President-elect Xiomara Castro took office in a ceremony that was preceded by a visit to the Minor Basilica of Our Lady of Suyapa. However, acts of invoking God, generally performed by Catholic and Evangelical clerics – the country’s main religions – were not included.
On 2 March, Ash Wednesday, Fr Enrique Vásquez Cálix, diocesan director of the Pontifical Mission Societies (PMS) of San Pedro Sula, was shot dead. Robbery was the suspected motive, but there were indications of another possible reason. Indigenous leader and Catholic pastoral agent Pablo Hernández was also shot dead in January 2022.
In March, the Secretary of Human Rights Natalie Roque filed a complaint with the Prosecutor's Office against Pastor Roy Santos for violating the rights of the Lenca people. According to the secretariat, the pastor delivered a racist and misogynistic hate speech linked to the inauguration of President Xiomara Castro, and the participation of indigenous and Afro-Honduran peoples.
In May, in the context of the controversy generated by the intention to recognise “equal marriage” for same sex partners, which is opposed by religious groups, Congresswoman Beatriz Valle stated that Honduras is a secular state; therefore, the Church should not get involved in government affairs.
In May, dozens of women rallied to demand health and sex education and the legalisation of emergency contraceptives to prevent unwanted pregnancies. In a statement, protesters lamented that in Honduras, religious and conservative organisations continue to have "a vote in government decisions."
On 20 October 2022, Pope Francis received Iris Xiomara Castro Sarmiento, the President of Honduras. Following the private meeting, the president met with Vatican Secretary of State, Cardinal Pietro Parolin, and with Monsignor Paul Richard Gallagher, Secretary for Relations with States and International Organisations. During the meetings the leaders discussed issues such as climate change and the fight against poverty; the continued commitment to the common good and reconciliation in the nation, and finally recognition of the good bilateral relations and the interest to strengthen these with an agreement between the Holy See and the Honduran State.
Prospects and developments
Honduras struggles with numerous challenges including corruption, poverty, and high levels of violence. Catholic and evangelical faith groups are present at many levels of civil society, also serving in high-risk gang areas. In the period under review, an increasing sentiment of intolerance was perceived from certain political and social groups reacting to the traditional Churches and their influence in the public and political sphere.
Although the right to religious freedom in Honduras is recognised and generally respected, the degrading societal situation and the impact on human rights, including religious freedom, indicates that the outlook for the future of this right is negative.
Honduras