While this case study first shows how intimate partner violence and gang violence can transcend international boundaries, it also brings to light a vast international human rights crisis that is affecting hundreds of thousands of people. The challenges that Yerson and Jennifer faced in Honduras are rooted in decades-old US foreign policy, strategies towards immigration, and the market for illicit drugs in the US. In 2012, Honduras had a murder rate of 90 per 100,000 persons (Krogstad and Lopez
2014) and has since decreased to 60 per 100,000 in 2016 (United States Department of State (OSAC); Bureau of Diplomatic Security
2018). Despite these reductions, these rates are one of the highest in the world (United States Department of State (OSAC); Bureau of Diplomatic Security
2018). For instance in the same year, the murder rate in the US was 5 per 100,000 persons (National Center for Health Statistics
2017). As part of the Northern Triangle, Honduras is known for gang-related crime and violence, overwhelming poverty, and government corruption that has given the region a reputation as the world’s homicide capital (Inzunza
2017; Labrador
2018). The violence and crime rates in the Northern Triangle are driving the increase in asylum seekers arriving at the US-Mexico border (Labrador
2018; Martinez
2018). As gangs now run the majority of organized crime in Honduras, many people like Jennifer are escaping and hoping for a safer place to live (Bangerter
2010; Labrador
2018; Masferrer
2018).
There is a general agreement that the characteristics of a gang are that it has a name, and the people participating have a sense of shared identity that can sometimes be represented by hand signs, graffiti, and symbols (National Criminal Justice Reference Service
2012; Seelke
2009). The proliferation of gangs plaguing the Northern Triangle can be traced back to the US and its long history of influence and intervention in the region (Rodgers and Stevenson
2009). In more recent history, during the 1980s, the US backed several anti-communist leaders with financial support, military support, and the sale of weapons in Central America (Williams
2018). As a consequence, many residents from Central America fled to the US to avoid economic instability, civil wars, political conflicts, and death (Masferrer
2018). Many of these refugees arrived in Los Angeles, California, where two major gangs that now operate heavily in Honduras originated—18th Street (M-18) and Mara Salvatrucha (MS-13)—for protection against established Mexican and African American gangs (Franco
2008; Seelke
2009). In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act was passed in the US and allowed for the deportation of undocumented or legal immigrants to their countries of origin if they were convicted of certain violent and non-violent crimes (Acer
2017; Golash-Boza
2016). Between 1998 and 2005, nearly 46,000 convicts and 160,000 undocumented immigrants were deported to Central America under this rule, many of whom were gang members (Jütersonke and Rodgers
2009; United States Agency for International Development
2006).
Through US mass deportation of Northern Triangle citizens, over 25,000 MS-13 and 18th Street gang members brought gang culture to the region, where violence and extortion are now commonplace (Garcia
2017; Jütersonke and Rodgers
2009; Moloney
2017). Gang presence and influence in the Northern Triangle have only increased throughout the years. For instance, the Northern Triangle has received more than 90% of gang deportations from the US (Jütersonke and Rodgers
2009; Rodgers and Stevenson
2009; United States Agency for International Development
2006). In theory, while this practice may have served the political interests of the US, these gang members have developed networks and expanded their membership to include and exploit poverty-stricken communities in Honduras for financial gains in the drug trade (Labrador
2018). In response to gangs’ influence and presence, there has been a dramatic increase in the migration of youth to the US, fleeing the violence and crime caused by gangs (Demombynes
2011).
While a corrupt political system and associated gang violence in Honduras drives many to seek asylum in the US, the high demand for illicit drugs from the US has been a major factor in the increase of organized crime activity. The US remains the largest market globally for illicit drugs (National Drug Intelligence Center
2011). Most recent estimates for illicit drug use in the US stands at approximately 10% of the population (National Center for Health Statistics
2017), with Latin America being geographically the closest source of illicit drugs and the only source of cocaine (Trinkunas
2015), and with 80% of the drugs supplied to the US crossing through Honduras (UN Office of the High Commissioner
2015). As of 2011, the increased drug abuse and addiction have cost the US $193 billion in addressing crime, lost work productivity, and health care provision (National Drug Intelligence Center
2011). As the US continues to have the highest annual prevalence use of illicit drugs (UN Office on Drugs and Crime
2018a), drug traffickers will continue to capitalize on this as they continue to seek financial gains, putting many people in the Northern Triangle in danger.
Drug trafficking, illicit trade involving the cultivation, manufacturing, distribution, and sale of substances subject to drug prohibition laws (UN Office on Drugs and Crime
2018b), is the major contributor to violence in Central America and in Mexico (Chalk
2011). To date, Mexican drug trafficking organizations, known as
cartels, have become major criminal organizations that have contributed to 25,339 murders reported by the Mexican government for 2017 (Secretaría de Gobernación
2018). Drug trafficking has been a lucrative business and gangs in Honduras are not immune. Gang involvement in drug trafficking activities has allowed them to be part of an estimated $100 billion per year market (National Drug Intelligence Center
2011; Woody
2016). As drug traffickers and gangs have gained power and influence through several mechanisms, the Honduran government and their weak criminal justice and judicial institutions have lost the trust of the Honduran people (Chalk
2011; Demombynes
2011; Hallock
2018; Martinez
2018; Masferrer
2018; McLeigh
2013).
The State of Children and Women in Honduras
The corrupt systems and unstable political and economic infrastructure of the Honduran government have allowed for the growth of organized crime that includes violence against women and children which includes murder, extortion, kidnapping, torture, and intimidation (Bureau of Democracy
2017). Additionally, the same gang and drug traffickers can influence how police enforcement and governmental leaders act, especially with reported crimes (Bureau of Democracy
2017). Some of the mechanisms on how corruption is systemically engrained are through bribes or forced extortion (Bureau of Democracy
2017). The lack of government accountability also contributes to the consistent, widespread, and very deep poverty that especially affects the health and well-being of Honduran women and children. Economic opportunities are limited and contribute to Honduras’ leading position among countries with the highest economic and social inequality in Latin America (The World Bank
2018). Conservative estimates report that 60% of Hondurans live in poverty; of those, 40% live in extreme poverty (Amnesty International
2017). In rural areas, approximately one out of five Hondurans live in extreme poverty, or on less than $1.90 US per day (Amnesty International
2017). Female-headed households in hillside regions of Honduras have incomes that are 30% less than that of male-headed households, further widening the gender gap (Amnesty International
2017).
Honduran law seeks to ensure that children have access to public education; however, as children age, their school attendance drops dramatically. In 2014, it was estimated that the net enrollment for grades 1–6 was 92%, with a dramatic drop to only 45% in grades 7–9, and even lower for grades 10–11, at 26% (Bureau of Democracy
2017). Younger boys have higher nonattendance rates than girls, and the gap between them is even wider after reaching age 12. By age 15, on average, there are 6% fewer boys in schools than girls (Bureau of Democracy
2017). Gangs recruit children, in particular, boys between 8 and 12 years old to work as lookouts and collect extortion payments from anyone in their communities. As a consequence, many school areas are unsafe and are frequently battlegrounds for rival gangs trying to control territories and recruitment (Bureau of Democracy
2017). The school infrastructure is also inadequate in Honduras. There is a lack of safety to keep children away from gang violence and recruitment, as well as limited supplies and basic needs for students, such as safe drinking water (Casa Alianza Honduras
2018). Due to language in anti-gang legislation, there are unjust differences in penalties for children allegedly involved in gang activity, including extrajudicial killings, leading to gangs to further exploit Honduran children for their own drug trade gains, such as by forcing them to do deliveries (Human Rights Watch
2018).
From the high rates of violence, Honduras has a problem with the vast amount of internally displaced persons, including women and children. It is estimated that between 174,000 and 182,000 persons have been internally displaced, with 190,000 as of December 2017 (Internal Displacement Monitoring Centre
2017). However, due to gang-controlled neighborhoods, these estimates are conservative and there are no official numbers for forced displacement (Bureau of Democracy
2017). Many of these displaced Hondurans are children that end up living in the streets of Tegucigalpa, the Honduran capital, and San Pedro Sula, the second largest city in Honduras (Garcia
2017). It is estimated that 8800 children aged 8 to 10 rely on the streets for food and income. As of February 2018, it has been reported that 202,032 children in Honduras are orphans and that 40% of them are orphans due to the violence (Casa Alianza Honduras
2018). With children being displaced and on the streets, there is a lack of familial care of at-risk youth, who may be forced or influenced to join gangs, or worse, killed (UN High Commissioner for Refugees
2014). From January to June of 2013 for instance, it was reported that 409 children were murdered in Tegucigalpa, according to data from a local youth shelter (Robles
2014). As a consequence of the corruption in Honduras, impunity and low levels of education, gangs, and violence infiltrate the lives of children. This combination of systemic factors has major and detrimental impacts on the health, well-being, and development of Honduran children.
Honduran women and girls are especially vulnerable. Honduran laws ostensibly guarantee women the right to live free from violence, especially domestic violence through the Domestic Violence Act passed in 1997, and amended in 2013 (Aponte
2018; Gobierno de la Republica de Honduras y Instituto Nacional de la Mujer
2015). However, punishments for perpetrators remain minimal (e.g., perpetrators may be ordered to do community service or serve a mere 24-h preventive detention if caught committing a crime against a woman) (Bureau of Democracy
2017). By international human rights standards, the Honduran legal system and public policies have failed to hold perpetrators accountable for violence against women (UN General Assembly
2015). The Special Rapporteur on Violence against Women has noted that between 2005 and 2013, the number of violent deaths of women in Honduras rose by 263.4% (UN Office of the High Commissioner
2014). According to the Honduran Public Prosecutors Office, there were modest estimates of 16,000 reported allegations of violence against women in 2012 alone, of which 75% were from domestic and intra-family violence and 20% were sexual offenses (UN Office of the High Commissioner
2014). A high percentage of women in Honduras will experience domestic violence, and in many instances, the perpetrators work for the government, the police force, or are gang members (Bureau of Democracy
2017; Hastings
2014; Kelly
2011; The Advocates for Human Rights
2016; UN General Assembly
2015; UN High Commissioner for Refugees
2015; UN Office of the High Commissioner
2014). Given the corruption and impunity in Honduras, this leaves little options for women. Gang members, for example, can track anyone down, including their significant other who may be fleeing from a violent relationship (Bureau of Democracy
2017; Hallock
2018; UN High Commissioner for Refugees
2015). Oftentimes, fleeing to another part of Honduras also provides no relief and leads to women fleeing north towards the US in search for safety (Hallock
2018). These were the circumstances that influenced the lives and deaths of Yerson and Jennifer.
There is an unspoken cultural acceptance of violence against women in Honduras. Witnesses and others who know of violent acts against women oftentimes do nothing to stop it, including not reporting to authorities (Kelly
2011; Seelke
2009; UN Office of the High Commissioner
2015). Women in Honduras are fearful to contact the police out of potential retribution, especially when the perpetrator is a gang leader or is well-connected politically (Bureau of Democracy
2017). The entrenched corruption at all levels of Honduran society allows for this to occur. When women do turn to local law enforcement, they receive little support and, oftentimes, are encouraged to reconcile with their abuser (Bureau of Democracy
2017). Overall, domestic and sexual violence towards women in Honduras is handled with systemic indifference from law enforcement (Kelly
2011). This is a systemic failure of the Honduran government and society, deeply rooted in machismo and patriarchal culture that are imbued in public services and everyday life in Honduras (The Advocates for Human Rights
2016).
While a Special Prosecutor on Women in Honduras was created, there remains on average a 95% impunity rate for sexual violence and femicide crimes in Honduras (Hastings
2014; The Advocates for Human Rights
2016; UN High Commissioner for Refugees
2015; UN Office of the High Commissioner
2014). In 2014, there were 453 violent deaths of women reported, of which, only 10 summons were issued by prosecutors (IACHR
2015). There is also a lack of shelters for women seeking refuge. As of 2016, only 3 in the entire country exist, which lack the adequate resources to provide assistance (Bureau of Democracy
2017). Due to the lack of support for women experiencing violence, they oftentimes feel pressure to remain in dangerous situations for survival or flee the country (UN Office of the High Commissioner
2014). They generally have no place to go, other than family or friends, but they still often face continued threats and violence from their abusers. In a country with low resources, the reliability of the health system and specialized services to address violence and trauma experienced by women and children is inadequate. This was the case with Jennifer.
Public Health Services in Honduras
In a country with low resources, access to the health system and specialized services for women and children that have experienced violence and trauma is limited, and the health system is ill equipped. The health system consists of a private and public sector programming, of which the former is operated by the Ministry of Health (MoH) and the Honduras Social Security Institute (IHSS) (Pan American Health Organization
2009). It has been estimated that only 50–60% of Hondurans use public sector services and that 17% have no regular access to health services (Bermúdez-Madrid et al.
2011). Institutionalized corruption is also present in Honduran health services; for instance, funds from IHSS were given to a political campaign in 2013 (Main
2016), leading to less resources for Hondurans accessing and using the public health sector.
Approximately 46% of physicians are unemployed in Honduras (Carmenate Milian et al.
2017), which can be detrimental for the health of Hondurans as the majority of health care access is based off of socioeconomic status (Pan American Health Organization
2009). This is especially impactful for children, as general health care and mental health services are limited, as are age appropriate services such as those that differentiate care between children and adolescents. There is also a lack of training for primary care providers in mental health and screening. In terms of mental and behavioral health that is important to help address exposure to violence, the population has few options for support (Rio Navarro et al.
2012). The lack of an adequate health care system in Honduras exacerbates the violations of human rights towards women and children, especially of those that are victims of domestic violence. Without adequate health care infrastructure in place, victims cannot access and utilize health services that are tailored to potential behavioral health care needs that focus on addressing trauma and its many and varied health effects (Substance Abuse and Mental Health Services Administration
2014). Women and children that remain in Honduras are, in general, not receiving adequate health care services to meet their needs, especially if they have experienced traumatic and violent events.
Human Rights Violations in Honduras and the United States
Overall, poverty, corruption, and violence in Honduras and the intentional neglect or discriminatory treatment of immigrants in the US exemplify widespread violations of the right to health, the rights of women, and the rights of the child (Table
1).
Table 1
Treaties and rights that are implicated, and examples of how these treaties are violated by both Honduras and the US
Universal Declaration of Human Rights | Free and equal (1), life, liberty, security (3), freedom of movement, residence (13), property (17), work (23), adequate standard of living (25), education (26), culture (27) | - Not free and equal when gangs take over a neighborhood, village, with the assistance of police enforcement - Inadequate standard of living in certain regions of Honduras that are controlled by gangs - Constant fear of deportation from US (no freedom of movement) |
International Covenant on Economic, Social and Cultural Rights | Self-determination (1), duty to cooperate, means of subsistence (2), right to work (6), adequate standard of living, right to be free from hunger (11), education (13) | - Unemployment and lack of educational support system in the US can impact self-determination of women that are victims of domestic abuse - Women in Honduras unable to work due to gender roles and control from a perpetrator |
Convention on the Rights of the Child (CRC) | Best interests of child priority (3), child has right to life (6), opportunity to be heard in judicial and administrative proceedings (12), protect child from all forms of physical or mental violence, injury or abuse, neglect or treatment, maltreatment or exploitation (19), highest attainable standard of health (24), adequate standard of living (27), education (28), healthy development of abilities (29), protection from illicit use of narcotic drugs (33), promote physical and psychological recovery and reintegration of child victim (39) | - Children recruited or threatened/forced to join gangs as foot soldiers - Police enforcement in Honduras may execute a child assumed to be in a gang - Border agents and judicial system in the US does not provide adequate legal representation for unaccompanied minors, may be held in inhumane conditions in detention centers - Lack of physical and psychological screening of women and children at border and lack of support for victims of violence |
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Condemn discrimination (2), advancement (3), prejudices (5), traffic/exploitation (6), equal terms with men-voting (7), economic and social life (13), same rights as men (15), marriage and family relations (16) | - Women are consistently treated as inferior to men in Honduras, lack of support when they are victims of domestic abuse - In Honduras, women have higher rates of poverty compared to men, lack control in marriages and family relations |
Convention Relating to the Status of Refugees | The protection of refugees who are minors, in particular unaccompanied children and girls (Protocol B, 2) | - Mistreatment of accompanied women and children when they arrive at the Mexico-US border, placed in inhumane detention centers |
Convention Against Torture | Legislative, judicial measures to prevent acts of torture (2), return/expel person to another state where they can be in danger (3), education/information training of law enforcement (10), systemic review of interrogation rules (11), impartial investigations (12), right to complain (13) | - In Honduras, gangs partake in torturing individuals who do not cooperate with their demands—police/government oftentimes will not intervene - Lack of impartial investigations in Honduras - US ICE and Border Agent mistreatment refugee, immigrants, and asylum seekers - Detention centers and cruel punishment |
UN Convention against Transnational Organized Crime | Combat money laundering (7), criminalization of corruption (8), measures of corruption (9), criminalization of obstruction of justice (23), protection of witnesses (24), assistance to and protection of victims (25), law enforcement cooperation (27), collection, exchange and analysis of information on the nature of organized crime (28), | - Gangs and gang violence cross borders - Ganges have been found to influence government entities, including police enforcement - Journalists and reporters are murdered when they report on activities of gangs and of political leaders (Ahmed 2017; Bartman 2018) - Witnesses and victims of crimes are discouraged from reporting incidents of crimes/violence |
UN Convention Against Corruption | Preventive anti-corruption policies and practices (5), codes of conduct for public officials (8), public procurement and management of public finances (9), public reporting (10), participation of society (13), measures to prevent money laundering (14), bribery of national public officials (15), bribery of foreign public officials and officials of public international organizations (16), misappropriation/other diversion of property by public official (17), abuse of functions (19), illicit enrichment (20), liability of legal persons (26), protection of witnesses, experts, and victims (32), protection of reporting persons (33), consequences of acts of corruption (34), | - Honduras lacks the will, infrastructure, and accountability to follow through on anti-corruption policies and practices in place - The people of Honduras may lack the level of education needed to report or actively seek justice of corruption that occurs - National officials are constantly bribed in Honduras - Ministry of Education, for example, will not pay professors/teachers for 6 months and claim that they do not have the funds, but will use money instead for their own self-interests - Persons who report and investigate on this topic, oftentimes, have to flee or disappear |
Women and children in Honduras are often treated as inferior to adult men, and oftentimes there is no official, state-sponsored support when they are victims of domestic abuse and violence in their communities. This is a violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), both documents that Honduras has ratified, meaning that they have broken international treaty and can be held legally accountable (UN General Assembly
1979,
1989). Though the US has signed and not ratified CEDAW and the CRC, these documents can also identify a way forward for improving US policies and procedures. An example of child mistreatment as a human rights violation is from Article 22 in the CRC, which states: “States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties” (UN General Assembly
1989).
The CRC states that children should not face discrimination and that protection of the best interest of the child should be a priority (UN General Assembly
1989). Both Honduras and the US are in violation of these international treaties. In the US, asylum-seeking children are also not given the right to life, survival, and development (UN General Assembly
1989) because they have been separated from their families at the US-Mexico border and have been placed in inhumane detention facilities for long periods of time, where they may be cramped into small sleeping units, exposed to cold conditions, given unsafe food to eat, or insufficient hygiene supplies (Kelly
2017). They also do not have fair immigration court proceedings for children in the US, which is a violation of article 12 of the CRC (Table
1). In addition, the United States has violated the Convention Relating to the Status of Refugees, Protocol B, 2: “protection of refugees who are minors, in particular unaccompanied children and girls” (UN General Assembly
1951). This violation is exemplified when US border agents and the ICE place children in inhumane detention centers and commit acts of mistreatment on the children, such as physical, verbal, sexual, and psychological abuses (ACLU San Diego and Imperial Counties
2018).
Both Honduras and the US are in violation of the Convention on the Elimination of Discrimination Against Women (CEDAW), including the lack of supportive services and preventive measures in both countries (UN General Assembly
1979). Women’s social position in Honduras and the associated barriers to achieving equal economic security and social opportunities exemplifies the violation of articles 3, 5, and 13 (Table
1). By not having adequate resources in place for asylum-seeking women, such as health professionals or organizations for domestic abuse present during the migratory process, the US is actively exacerbating the challenges faced by Honduran women. In addition, the US is neglecting significant attention to reducing illicit drug use and the opioid epidemic occurring in the US (Davis
2017; Lopez
2018). This contributes to gang violence in Honduras and indirectly contributes to the violence against women in Honduras by allowing the illicit drug market to flourish.
The lack of political will, infrastructure, and accountability on anti-corruption policies in Honduras continue to contribute to the violence perpetrated by organized crime and fuels the increase in asylum-seeking women and children in the US-Mexico border. By allowing gangs to infiltrate everyday life, social services, and government processes, they have such a strong influence in Honduras. These circumstances are a clear violation of the UN Convention against Transnational Organized Crime, the UN Convention against Corruption, and the UN Convention against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN General Assembly
1984,
2001,
2003). When women and children arrive at the US-Mexico border seeking asylum, the US is in violation of several conventions from the United Nations, such as Article 11 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment that states “arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture” (UN General Assembly
1984). In Honduras, government and judicial leaders are bribed, or sometimes may face extortion from organized crime and thus is in violation of the UN Convention against Corruption.
Recommendations
The increase in women and children arriving at the US-Mexico border seeking asylum from the Northern Triangle is a crisis that needs to be addressed immediately by the international community. The US must improve its protections for women and children once they arrive and pressure needs to start from local- and state-level advocates and practitioners. Jennifer’s situation is a prime example of how deadly a lack of official US protection can be.
In separating children from their families, the US is violating international law. Advocates, health practitioners, public health experts, lawyers, policy makers, school systems, and governmental agencies must focus on the well-being and health of migrant women and children and recognize that they are fleeing dangerous situations caused by the US and by corruption in Honduras. The migration process brings increased risks and vulnerabilities for women and children and this must be addressed through a human rights framework. Everyone involved in the migratory process in the US and in the health of asylum seekers must approach their role with a human rights lens by using CEDAW and the CRC as a guide.