Governance & legal system
Yes. Honduras is a member of several international and regional intergovernmental organizations and frameworks that influence policies and responses related to forced displacement, refugees, asylum seekers, returnees, and internally displaced persons (IDPs). These include the United Nations (UN) and its specialized agencies, the Organization of American States (OAS), and the Central American Integration System (SICA). Honduras is also a participating State in the Comprehensive Regional Protection and Solutions Framework (MIRPS/RFPS), a regional mechanism established under the San Pedro Sula Declaration to strengthen cooperation on prevention, protection, assistance, and durable solutions for forcibly displaced populations in Central America and Mexico.
Honduras is a State Party to the 1951 Convention Relating to the Status of Refugees (with active reservations to Articles 7, 17, and 34), its 1967 Protocol, and the 1954 Convention Relating to the Status of Stateless Persons. It also recognizes the 1984 Cartagena Declaration, whose expanded definition of a refugee—based on generalized violence, internal conflicts, and massive human rights violations—forms part of its domestic legislation. The constitutional framework underpinning these commitments is established in Articles 15 and 16 of the 1982 Constitution of the Republic of Honduras: Article 15 provides that Honduras adopts the principles and practices of international law that promote human solidarity, self-determination of peoples, non-intervention, and the consolidation of universal peace and democracy; while Article 16 establishes that international treaties concluded by Honduras, upon entry into force, form an integral part of domestic law.
At the operational level, Honduras gives effect to its international protection obligations through the Migration and Aliens Law (Decree No. 208-2003), its Regulations, and the institutional framework governing refugee status determination and international protection. Article 3(22) of the Law incorporates the legal definition of a refugee in accordance with the international instruments ratified by Honduras and serves as the basis for refugee status determination procedures. The Law further establishes the distribution of responsibilities among national authorities in migration and international protection matters. While Articles 4 and 8 assign competencies to the Secretariat of State for Governance, Justice and Decentralization and the former General Directorate of Migration and Aliens, subsequent institutional reforms, including the creation of the National Institute of Migration (INM) in 2014, transferred operational migration management and refugee-related functions to the INM. Currently, the INM is responsible for migration control, the processing of refugee claims, documentation, and the implementation of administrative measures related to international protection, while the Secretariat of State for Governance, Justice and Decentralization retains authority over asylum matters as provided for under the applicable legal framework. The competent government authorities also retain policy, regulatory and oversight functions in accordance with national legislation.
International treaties ratified by the State are automatically incorporated into the domestic legal order once they enter into force, pursuant to Articles 16 and 18 of the Constitution of the Republic. Nevertheless, treaties remain subordinate to the Constitution, which constitutes the supreme law of the legal system. Consequently, where a treaty contains provisions that are incompatible with the Constitution, Article 17 requires that the corresponding constitutional amendment be approved in advance through the procedure established for constitutional reforms before the treaty may be ratified by the Executive Branch. Likewise, in the event of a conflict between an international treaty and ordinary legislation, the treaty shall prevail. Accordingly, international treaties occupy a supra-legal but sub-constitutional position within the Honduran legal hierarchy, without prejudice to the special interpretative significance that international human rights instruments have acquired in Honduran constitutional practice.
Article 15 of the Constitution reflects the openness of the Honduran legal system to international law and international dispute settlement mechanisms. This approach, together with Articles 16, 17, and 18, provides the basis for the incorporation of international obligations into domestic law and for the supremacy of treaties over ordinary legislation. In the field of human rights, this implies that national authorities must interpret and apply the law in accordance with the international commitments assumed by the State, including the jurisprudence of the Inter-American Court of Human Rights within the scope of its jurisdiction. At the domestic level, the Constitutional Chamber of the Supreme Court of Justice serves as the highest body for constitutional review, while Article 320 establishes the duty of courts to administer justice and refrain from applying norms that are incompatible with the Constitution.
Honduras is a democratic and representative republic with a presidential system, organized into three independent branches: Legislative, Executive, and Judicial, pursuant to Article 4 of the 1982 Constitution of the Republic of Honduras, which provides that the form of government is republican, democratic, and representative, exercised through these three branches as complementary, independent, and without relationships of subordination. The President consolidates the positions of Head of State and Head of Government, holding command over the Armed Forces and directing general State policy, national administration, and foreign affairs under Article 245 of the Constitution. In accordance with Articles 235 and 236 of the Constitution, the President and the Presidential Designates are elected jointly and directly by the people—requiring the candidate to be a Honduran citizen by birth, over thirty years of age, and in full exercise of citizenship rights—and the President is politically independent of Congress to remain in office. The national territory is divided into departments and autonomous municipalities, governed by municipal corporations elected by the people, pursuant to Article 294 of the Constitution.
autonomous departments and municipalities, governed by municipal corporations elected by the people
The Judiciary is independent and subject solely to the Constitution and the laws. Pursuant to Article 303 of the Constitution, the administration of justice is free of charge, and the authority to administer justice emanates from the people. To ensure full administrative and financial autonomy, Article 318 of the Constitution guarantees the Judiciary an allocation from the General Budget of the Republic of no less than three percent (3%) of the current revenues of the State. The National Congress is a unicameral legislative body comprised of principal and alternate deputies elected by direct suffrage pursuant to Article 189 of the Constitution. Under Article 205 of the Constitution, Congress holds powers to legislate, ratify international treaties, approve the national budget, and summon state officials for questioning. It exercises political oversight over the Executive Branch specifically by approving or disapproving its administrative conduct (Article 205, paragraph 20), questioning Secretaries and Undersecretaries of State through formal interpellations (Article 205, paragraph 22), and initiating impeachment proceedings against the President of the Republic and other high-ranking State officials for constitutional grounds (Article 205, paragraph 15).
Honduras belongs to the civil law tradition, with a legal system structured around codification (including civil, penal, procedural, commercial, and labor codes, among others) and written law as its primary source. Case law contributes to the interpretation of the law and, in certain cases, gives rise to binding legal doctrine or effect of general applicability, particularly in constitutional matters. The Constitution is the supreme legal norm: pursuant to Article 373 of the 1982 Constitution of the Republic of Honduras, which governs the procedure for constitutional amendment, any modification to the Constitution requires approval by a two-thirds majority of the entire membership of the National Congress in ordinary sessions, followed by ratification during the subsequent ordinary legislative session.
The Constitution operates as the standard of validity for all sub-constitutional norms pursuant to Article 320, as well as for international treaties—which hold supralegal but not supraconstitutional status under Articles 17 and 18. Furthermore, under Article 64 of the Constitution, laws, governmental regulations, or measures of any other order that regulate the exercise of constitutional rights and guarantees shall not be applied if they diminish, restrict, or pervert them.
Honduras does not possess a system of legal pluralism based on procedural parity; however, through the ratification of ILO Convention 169 on Indigenous and Tribal Peoples (1989) via Decree No. 26-94, the State is legally bound under Article 8 of said Convention to respect the customary methods of indigenous peoples for dealing with offenses, provided these practices are compatible with the fundamental rights defined by the national legal system and internationally recognized human rights standards.
Honduras has a civil law justice system, organized within a unitary state and structured hierarchically through judicial bodies of different levels and jurisdictions, headed by the Supreme Court of Justice. The Supreme Court of Justice—comprising 15 magistrates with nationwide jurisdiction pursuant to Articles 303 and 308 of the 1982 Constitution of the Republic of Honduras—serves as the highest judicial body, sitting in the capital city and featuring a Constitutional Chamber as well as contentious-administrative oversight. Below the Supreme Court operate Courts of Appeals and specialized courts of first instance (covering civil, penal, labor, children's, family, and domestic violence matters).
Pursuant to Article 311 of the Constitution, the Magistrates of the Supreme Court of Justice are elected by the National Congress from lists of nominees submitted by a Nominating Board. Lower court judges enter through the judicial career system, and under Article 313 (paragraphs 11 and 12) and Article 317 of the Constitution, the Supreme Court holds the power to establish jurisdictional territorial divisions, create, suppress, or relocate courts, and administer the Council of the Judiciary and Judicial Career, thereby enabling operational decentralization at the departmental level. Furthermore, under Article 319 of the Constitution, judges and magistrates act with strict exclusivity and independence, being subject only to the Constitution and the laws, and are expressly prohibited from engaging in partisan political activity or holding any other position or employment, under penalty of forfeiture of office.
Alternative dispute resolution mechanisms carry constitutional standing: Article 110 of the Constitution provides that no natural person with the free administration of their assets may be deprived of the right to settle their civil disputes through compromise or arbitration; similarly, Article 139 mandates that the State has the obligation to promote, organize, and regulate conciliation and arbitration for the peaceful resolution of labor disputes. Under Article 134 of the Constitution, all matters regarding employer-employee relations fall under the exclusive jurisdiction of the Labor and Social Security Courts. Although there is no formal recognition of ethnic or indigenous tribunals—as the authority to administer justice is concentrated within the state Judiciary—ILO Convention 169 legally obligates judges to consider indigenous customary law when applying penal legislation.
Honduras' international protection framework involves several institutions at the national and local levels. However, refugee status determination (RSD) remains centralized within the National Institute of Migration (INM), which is responsible for processing asylum applications and coordinating the administrative procedures leading to a decision. The Secretariat of State for Governance, Justice, and Decentralization exercises political and regulatory functions related to migration and international protection. The National Institute of Migration (INM) is responsible for the operational implementation of the asylum system, including the processing of refugee status applications and the issuance of Special Residence Permits pursuant to Article 8 of the Migration and Aliens Law (Decree No. 208-2003). In accordance with Article 51 of the same Law, refugees wishing to travel abroad may apply to the INM for the issuance of a travel document. Furthermore, Article 69 authorizes the issuance of passports and emergency travel documents to recognized refugees, asylees, stateless persons, and foreign nationals whose countries of origin do not have accredited diplomatic or consular representation in Honduras. At the sub-national level, the INM operates through a network of migration delegations, including border, airport, land transit and internal control offices, as well as Centers for Assistance to Irregular Migrants (CAMIs), which support migration management and facilitate access to protection procedures throughout the national territory. Pursuant to Article 107 of the Migration and Aliens Law, all civil and military authorities are required to cooperate with migration officials, upon request, in the implementation of the Law, its Regulations, and administrative measures adopted under Honduras' migration policy framework. Internally, the INM's Human Rights and Migrant Assistance Directorate conducts initial screenings and eligibility interviews, while the Commission of Refugee collectively evaluates case files and issues the advisory opinion underpinning the final resolution. UNHCR provides technical, operational, and financial support to the asylum system, including institutional capacity development, procedural strengthening, and support for protection responses, in line with its global mandate and strategic priorities, including through the Comprehensive Regional Protection and Solutions Framework (MIRPS).
The system faces three structural gaps:
Financing: There are no dedicated budgetary allocations for international protection. Operations depend largely on the INM's ordinary budget and support from international cooperation partners. The INM's budget is subject to annual approval by the National Congress.
Inclusion Gaps: Asylum-seekers are documented through temporary stay authorizations while their claims are being processed, whereas recognized refugees are granted a Special Residence Permit (Permiso Especial de Permanencia - PEP), generally issued for a five-year period. While these documents provide lawful stay and access to international protection, they do not confer permanent residence status. Their legal classification and varying levels of recognition by some public and private institutions may create administrative barriers to accessing formal employment, financial services, social security mechanisms, and broader socioeconomic inclusion.
Monitoring: Honduras does not have a specialized institution exclusively mandated to monitor the rights of asylum-seekers and refugees. However, the National Commissioner for Human Rights (CONADEH), as the country's national human rights institution, plays an important role in monitoring the protection of human rights, receiving complaints, and promoting access to rights for vulnerable populations, including asylum-seekers, refugees, internally displaced persons, and other persons in situations of human mobility. Additional monitoring and protection functions are carried out by UNHCR, civil society organizations, and other actors supporting the international protection system. While these mechanisms contribute to oversight and accountability, there is no dedicated institution solely responsible for monitoring compliance with refugee rights and international protection standards.
For internally displaced persons, the Secretariat of Human Rights (Secretaría de Derechos Humanos, SEDH), through its Directorate for the Protection of Persons Internally Displaced by Violence (DIPPDIV), leads prevention, protection and assistance efforts. Its response includes temporary accommodation, relocation, legal guidance, psychosocial support, material assistance and livelihoods support. The Law for the Prevention, Assistance and Protection of Internally Displaced Persons establishes the National Response System to Internal Forced Displacement (SINARDEFI) as the framework for a coordinated State response.
The Inter-Institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) provides inter-institutional coordination for implementing the internal displacement framework. Its work includes developing policies and protocols, coordinating prevention and assistance measures, promoting resource mobilization and monitoring implementation. Civil society participates in the Commission.
The Municipal Units for the Assistance and Protection of Forcibly Displaced Persons (UMAPPDEF) are the local implementation mechanism envisaged under Honduras’s Law for the Prevention, Assistance and Protection of Internally Displaced Persons, they form part of the national response system, alongside the Inter-Institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) and the Directorate for the Protection of Persons Internally Displaced by Violence (DIPPDIV). The framework envisages their operation in municipalities with the highest numbers of displaced persons or persons at risk of displacement.