Honduran Penal Code: implications of reforms for the 2025 elections

The recent ratification of amendments to the Penal Code in Honduras has raised worries among various social and political groups nationwide. These modifications have been viewed as a major shift in the legal guidelines governing civil demonstrations, particularly considering the general elections set for November 30, 2025. The discussion has grown more intense because of the belief that these amendments might serve to restrict the rights to protest and free speech, which are essential aspects of any democratic society.

The National Congress introduced changes that increase penalties for crimes related to social protest, notably the addition of Article 378-A. This provision establishes that any protest action carried out by two or more people may result in an increase in the prison sentence, from six to ten years, in addition to absolute disqualification. Human rights organizations and civil society representatives have expressed concern about the possible use of these reforms to criminalize peaceful demonstrations and restrict freedom of assembly and expression.

Changes in criminal laws and their effect 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 events of the 2017 elections, where protests were met with arbitrary detentions and suppression, heighten concerns that such circumstances might occur again with the updated legal structure. Within this setting, civic groups and political figures have highlighted the danger that the penalization of protests might serve as a means to manage opposition and limit public involvement in significant political activities.

Global responses and demands for reevaluation

Worry over the effects of these reforms has extended past the confines of any single country. 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 apprehensions regarding the recent changes to the Honduran Penal Code. These agencies have both appealed to the State to revisit these modifications to guarantee they uphold the essential rights of its 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.