* Category includes ratification, accession, or succession to the treaty

The Constitution of the Republic of Honduras was adopted and approved by the National Congress of Honduras in January 1982. Relevant Constitutional provisions include:

Legal Defense (Article 82)

The right of defense is inviolable. The inhabitants of the Republic have free access to the courts to exercise their stock in the form that brought the laws.

Participatory Democracy (Article 5)

The government must be based on the principle of participatory democracy and national integration, which implies participation of all political sectors in the public service, in order to ensure and strengthen the progress of Honduras based on the political stability and in national conciliation.

Principle of Freedom (Article 61)

The Constitution guarantees to Hondurans and foreigners resident in the country, the right to the sanctity of life, to the individual security, to freedom, equality before the law and property.

The Principle of Free Speech (Article 72 and 74)

The issuance of thought is free by any means of disseminating, without prior censorship. They are responsible to the law not to abuse this right and by means direct or indirect restrict or prevent the communication and circulation of ideas and opinions…. The right of issuing thought by indirect methods or means may not be restricted, such as the abuse of official controls or individuals of the material used for printing of newspapers; of the frequencies or belongings or apparatus used to disseminate information.

Principle of Freedom of Association and Assembly (Article 78, 79, 302)

Freedoms of association and assembly are guaranteed provided that they are not contrary to public order and to the morality….Everyone has the right to meet with others, peacefully and unarmed, in public demonstration or assembly, in connection with their common interests of any kind, without the need to notice or special permit…. For the sole purpose of ensuring the improvement and development of communities, citizens have the right to freedom of association in Sponsorship, to establish Federations and confederations.

Right of Petition (Article 80)

Any person or persons’ association has the right to submit requests to the authorities either on the grounds of particular interest or general and to obtain a prompt response in the legal limit.

The Civil Code includes in its list of judicial persons “associations and foundations of public interest, recognized by the law.” The Code also notes that legal personality begins in the instant in which the association is validly established, and that the civil capacity of associations is regulated by their statutes, subject to approval by the Executive Government.

The Administrative Procedures Code grants to the Ministry of Governance and Justice the authority “to grant judicial personality to civil and political associations and foundations of public interest recognized by the law, and to approve their statutes or regulations of the institution.”  The procedure adopted by the Ministry of Governance and Justice is relatively simple, requiring the submission of basic documents.

Other key laws and regulations include the following:

• Special Promotion Law for Non-Governmental Development Organizations (the “NGO–D Law”), 2011.
• Executive Accord 65-2013, which contains the Regulations of the Law on Non-Governmental Development Organizations (NGO). 
• Procedure for the Submission and Registration of NGOs (Acuerdo 441 2016), which improves the procedure for the registration of civil associations and establishes a simple and cost-effective online re-registration system.
• The Law to Regulate Private Development Organizations dedicated to Financial Activities.
• The Law of the National Convergence Forum, which creates a national space for dialogue between State representatives and “authorized representatives” of civil society.
• The Presidential Decree on the Civil Society Participation Commission.
• The Tax Code, which establishes a “monotributario” or single tax that provides equal treatment for CSOs and churches.
• The Act Strengthening Income, Social Equity and Rationalization of Public Expenditure (Decree 17-2010) and Tax Equity Law (Decree 51-2003).
• The Labor Code, which contains regulations on forming and managing workers’ unions and management unions.
• The Law for State Modernization, which created the Presidential Commission for the Modernization of the State, comprised of representatives from business guilds, workers’ confederations, and other CSOs.
• The Law for the Social Sector of the Economy and Law of Cooperatives, which govern cooperatives and other associative businesses.
• The Law of the Consumer, which governs consumer organizations.
• The Law of Municipalities and its regulations, which address local councils at the municipal level and provides for the association of municipalities.
• The Law Creating the Consultative Committee to Implement the Poverty Reduction Strategy.
• The Law of the Public Ministry and the Regulation of the Citizen Council, which creates the Citizen Council, made up of CSOs, to consult with and support the Public Ministry.
• The Law against Domestic Violence, which envisions government and civil society cooperation in implementing this law.
• The Organic Law of the Human Rights Commission and its regulations, which envision collaboration between the Commission and CSOs.
• The Organic Law of the Police institutionalizes civil society’s participation through the National Council on Domestic Security (Consejo Nacional de Seguridad Interior (CONASIN)).
• The Law Creating the Honduran Institute of Childhood and the Family, which creates a Consultative Council that has representatives from guilds and professional associations, and CSOs that work with children, adolescents, and families.
• The Law Creating the National Institute of the Woman, which creates a Council of Directors comprised of civil society representatives from several organizations, including the Association of Peasant Women.
• The Equal Opportunity for Women Law, which envisions equal opportunities in jobs and social security, in participation and decision-making systems.
• The Law of Nomination of Justices to the Supreme Court, which envisions the participation of civil society delegates on the Supreme Court Justice Nominating Board.

Draft Decentralization Law

The draft Decentralization Law would provide additional powers to municipalities to decide on aspects of law affecting their territories. Within the new framework, CSOs would promote the development and enforcement of rights.

Proposed “National Roundtable for Citizen Participation”

The government of Xiomara Castro through the LIBRE party introduced a bill in September 2022 called the “National Roundtable for Citizen Participation.” It aims to restrict spaces where civil society has historically participated, such as the National Convergence Forum (FONAC) and the National Anticorruption Council, whose directors both disagree with the opinions of the current government.

Draft Tax Law with Negative Implications for Civil Society

The draft Tax Justice Law, which aims to regulate the payment of taxes by CSOs as if they were commercial companies, is currently being discussed in the National Congress.

We are unaware of any other pending legislative/regulatory initiatives affecting NGOs. Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Honduran laws refer to a variety of organizational forms, including Private Development Organizations (OPDs), Non-Profit Organizations (OSFLs), Nongovernmental Organizations (NGOs), Non-Governmental Development Organizations (NGO-Ds), Civil Associations, and more recently, Civil Society Organizations (CSOs). In this report, the terms “civil society organization” and “CSOs” are used broadly to encompass all of these forms rather than the narrower legal definition.

Under the Civil Code (Articles 56 and 58), only associations and foundations are formally recognized as legal persons. For registration purposes, the government includes within the concept of civil association “any form of association, institution, organization or foundation whose grant or cancellation of legal personality belongs to the President of the Republic itself or through the Secretary of State at the Ministry of Interior and Justice” (Regulations of the Registry and Tracking Unit of Civil Associations Art. 6; Ministerial Decree No. PCM-024-2002. Government Gazette, 5/9/2003).

Honduran legislation does not clearly distinguish between mutual benefit organizations and public benefit organizations. Until 2017, the tax framework similarly did not differentiate between CSOs and businesses. In mid-2016, representatives of the CSO and business sectors reached an agreement with the government on the new Tax Code, which came into force in January 2017. The Tax Code introduced the monotributario, or single tax, a simplified tax regime that provides equal treatment for CSOs and churches. This reflects official recognition that both CSOs and churches operate on a not-for-profit basis.

Article 5 of the Honduran Constitution envisions mechanisms for citizen consultation, including referenda and plebiscites (see Constitutional Framework section above). Decree 135-2009 provides more detailed regulation of these instruments. Since 2011, the results of referenda and plebiscites have carried legal force, meaning that decisions made through these processes are binding.

Other national laws and regulations create additional spaces for citizen consultation, including:

• The Law of the National Convergence Forum, which creates a national space for dialogue between State representatives and “authorized representatives” of civil society.
• The Presidential Decree on the Civil Society Participation Commission.
• The Law of Municipalities and its regulations, which address local councils at the municipal level and provides for the association of municipalities.
• The Organic Law of the Human Rights Commission and its regulations, which envision collaboration between the Commission and CSOs.
• The National Anti-Corruption Council Law.
• The Law Creating the Consultative Committee to Implement the Poverty Reduction Strategy.
• The Law of the Public Ministry and the Regulation of the Citizen Council, which creates the Citizen Council, made up of CSOs, to consult with and support the Public Ministry.
• The Organic Law of the Police institutionalizes civil society’s participation through the National Council on Domestic Security (Consejo Nacional de Seguridad Interior (CONASIN)).
• The Law Creating the Honduran Institute of Childhood and the Family, which creates a Consultative Council that has representatives from guilds and professional associations, and CSOs that work with children, adolescents, and families.
• The Law Creating the National Institute of the Woman, which creates a Council of Directors comprised of civil society representatives from several organizations, including the Association of Peasant Women.
• The Equal Opportunity for Women Law, which envisions equal opportunities in jobs and social security and in participation and decision-making systems. Article 79 establishes the duty of the State to incorporate women’s organizations in spaces for State, municipal, and community participation. Article 80 makes civil society responsible for promoting equal participation of women in the decision-making processes of community groups, non-governmental organizations, unions, cooperatives, professional and other guilds.
• The Law of Nomination of Justices to the Supreme Court, which envisions the participation of civil society delegates on the Supreme Court Justice Nominating Board.

In practice, however, these mechanisms are rarely used. Laws—including those on environmental matters—are often passed without citizen consultation, and acts of corruption or abuse of power frequently occur with limited oversight. Political parties generally show little interest in engaging citizens through these channels, and CSOs have not systematically advocated for their use.

Despite these challenges, the Special Promotion Law for NGO-Ds remains the most widely used mechanism for public participation. It guarantees CSOs’ right to engage in public policy processes, protects their independence, and establishes formal structures such as the Comisión de Enlace con el Estado to facilitate engagement. Some municipalities also use open councils, or cabildos abiertos, through which mayors consult citizens on local issues, as provided under the Law of Municipalities.

For many years, Honduran CSOs operated without a comprehensive framework law establishing the basic conditions for legal recognition and operations. The 2011 NGO-D Law and its 2013 Regulations now provide greater legal certainty to NGO-Ds by creating a closed list of requirements for obtaining and maintaining legal personality. This limits the discretion of authorities, who in the past could arbitrarily decide whether to grant legal recognition.

To obtain legal status, an organization must submit an application along with a power of attorney, articles of incorporation, bylaws, copies of board members’ identity cards, and a 10-lempira stamp. In most cases, applications are filed with the Ministry of Interior and Justice.

In 2018, the Unit for Registering and Monitoring Civil Associations (URSAC) created a specialized office, the ventanilla única (unique window), to facilitate registration for civil associations supporting vulnerable groups. While it did not replace URSAC, it was intended to strengthen the agency’s role in registering and monitoring CSOs. In 2019, URSAC was renamed Dirección de Registro y Seguimiento a las Asociaciones Civiles (DIRSAC).

Law 288-2021, adopted on July 31, 2021, establishes detailed rules for the internal governance of CSOs. It regulates matters such as leadership term limits, procedures for electing leaders and governing bodies, and the process for revising statutes. CSOs have criticized the law because it was enacted without prior consultation and is seen as an intrusion into their autonomy.

The existence of “ghost” organizations has significantly damaged the credibility of the CSO sector. These entities are legally registered but remain inactive, lacking both activities and headquarters, and are often used to embezzle public funds.

Sustainability is a major challenge for Honduran CSOs, which rely heavily on foreign funding that has steadily declined in recent years. The scarcity of resources affects the entire sector and has forced many organizations to seek alternative sources of support.

While there are no significant legal barriers to accessing resources, in practice CSOs—particularly those providing humanitarian assistance—have faced serious obstacles. During the COVID-19 pandemic and in response to natural disasters, organizations have reported difficulties providing aid to affected communities. Instead of facilitating their efforts, the government has imposed taxes and restricted foreign donations through the Ministry of Finance and Administration and Income Services (SAR).

These practices have been denounced both nationally and internationally, including by the Federation of Private Organizations of Honduras (FOPRIDEH) and several international organizations operating in the country. They highlight how administrative and fiscal measures, even in the absence of formal legal barriers, create significant challenges for CSOs seeking to mobilize resources.

There are no significant formal restrictions on the right to speech and advocacy in Honduras. However, civil society analysts have raised concerns about Decree No. PCM 023-2022, which entered into force in January 2022 and created the General Directorate of Information and Press. The new body centralizes control over government communications and media relations, and critics argue that it could increase state control over the press.

The Constitution of Honduras (Decree 131, January 11, 1982) guarantees the right to freedom of assembly:

• Article 78 provides that “freedom of association and assembly is guaranteed provided its exercise is not contrary to the public order or to public morals.”
• Article 79 affirms that everyone has the right to peaceful assembly, without prior notice or permission, although outdoor meetings and political meetings may be subject to regulation to ensure public order.

The Constitution also incorporates international law. Articles 15-18 state that once treaties are approved, they become part of domestic law, and treaties prevail over conflicting legislation. In principle, this framework guarantees freedom of assembly in terms comparable to Article 21 of the International Covenant on Civil and Political Rights (ICCPR).

Although there is no specific law dedicated to regulating the right of assembly, relevant provisions can be found in the following Acts:

• Law on Police and Social Affairs
• Municipalities Act
• Traffic Act
• Electoral and Political Organizations Act

Legal barriers to the exercise of freedom of assembly include:

Advance Notification

Organizers must notify local authorities at least 72 hours before holding an assembly in a public place, so the authorities can prepare for traffic and the use of public space. Notifications must include the names of the organizers and any supporting organizers and a commitment to refrain from using weapons, rioting, or obstructing free movement. Organizers must also provide the names of participants. Despite the advance notification requirements, spontaneous assemblies are allowed based on Article 79 of the Constitution.

Time, Place, and Manner Restrictions

Article 150 of the Electoral Act prohibits political meetings within 200 meters of bridges, intersections of roads, places of worship, fire stations, Red Cross, hospitals, police departments, and schools. Violations are subject to fines ranging from four to ten times the minimum wage.

Additional restrictions apply to the use of loudspeakers near schools, hospitals, and places of worship.

Grounds for Dispersal

The Law on Police and Social Affairs authorizes police to disperse protest assemblies that obstruct roads, bridges, buildings, and facilities affecting public services, or that are deemed to disturb “public order, morality and decency and damage public and private property.” The law further states that demonstrations should be prohibited when they “affect the free movement and rights of others.”

Excessive Penalties

Article 331 of the Penal Code criminalizes convening an “unlawful assembly or demonstration,” with penalties of two to four years’ imprisonment and fines of HNL 30,000-60,000 (USD 1,150 to 2,300 as of September 2025).

COVID-19’s Impact

On March 21, 2020, President Juan Orlando Hernandez issued Decree 23-2020, declaring a humanitarian emergency that restricted assembly and movement nationwide. The decree also regulated commercial activity, border entry and exit, and police, health, and military affairs. Throughout 2021, bans on gatherings of more than 12 people remained in effect.

Honduran Generals Re-Imprisoned Over 2009 Coup Protest Killing (March 2025)
Two retired Honduran generals, Venancio Cervantes, 69, and Carlos Puerto, 63, were sent back to prison, following a judicial ruling that revoked their house arrest. The decision, announced by the Honduran Judiciary, stems from their alleged involvement in the 2009 murder of 19-year-old protester Isy Obed Murillo and the serious injury and attempted murder of another demonstrator, Alex Zavala, during protests against the coup that ousted then-President Manuel Zelaya.

Environmental Defenders Still under Siege (October 2024)
Juan López was gunned down on September 14. An environmental activist, community leader and member of the Municipal Committee in Defence of the Commons and Public Goods of Tocoa, he was the latest victim of extractive greed in Honduras. Communities protecting the rivers that flow through the Bajo Aguán region have seen several of their leaders assassinated.

Transparency International Condemns Statements by Authorities in Honduras (February 2024)
Transparency International condemns recent statements by authorities in Honduras directed at us and our chapter, the Association for a More Just Society (ASJ), following the publication of the 2023 Corruption Perceptions Index (CPI). Instead of responding by redoubling efforts to address the root causes of corruption in the country, the government has resorted to defaming our national chapter and the CPI methodology.

Anti-Corruption Efforts in Honduras Are Gaining Steam (August 2023)
Efforts to establish an anti-impunity body in Honduras are slowly advancing more than one year after President Xiomara Castro first promised to combat corruption. On July 9, experts from the United Nations arrived in Honduras to assess the viability of the body, which has become known as the International Commission Against Impunity in Honduras (CICIH).

Honduran Government to file new tax reform before the National Congress (March 2023)
The Honduran Government announced that it will file before the National Congress the “Bill on Tax Justice,” which would significantly reform the current tax system. One of the main provisions would “add a worldwide income taxation principle that would tax all the local source and foreign source income, obtained by Honduran natural or legal persons, residents or domiciled, originated from the work or capital, or a combination of both.”

C-Libre Calls on Government to Repeal PCM (October 2022)
The Committee for Free Expression (C-Libre) called on the Government to immediately repeal PCM 023-2022, while demanding unrestricted respect for freedom of expression. In a statement C-Libre indicated that Decree No. PCM 023-2022 was published in the official newspaper, La Gaceta, and creates a directorate attached to the Secretariat of Strategic Planning that would establish at least four practices harmful to the freedom of the press and of expression.

Honduras Seeks to Install National Table for Citizen Participation (October 2022)
The National Table for Citizen Participation is proposed as bill to create a “national body for open dialogue, participation, and agreement between the various sectors of society, which will serve as support for the preparation and execution of policies and the actions of the Government of the Republic.” However, in the last 15 years, the reduction of civic and democratic spaces has been evident in Honduras due to, first, the co-optation by the state of civil society and, second, more and more civic spaces are restricted so that society cannot truly express itself.

Two Arrested for Massive COVID Hospital Fraud (April 2021)

Honduras After the Hurricanes: A Disaster that Demands Help (April 2021)

A Pandora’s box of corruption in Honduras (August 2019)

Honduras’ Congress Mounts Legal Attack Against Anti-Graft Body (May 2018)

Honduran workers’ rights activists face rising violence (May 2017)

New Tax Code Comes into Effect on January 1, 2017 (July 2016)

CSOs Implement Pilot System of Self-regulation (July 2016)

Civil Society Selects Judges (September 2015)

Civil society in Honduras traces its origins to church groups and grassroots labor and peasant organizations formed in the 1950s. These organizations expanded in the 1980s and 1990s, when the concept of civil society became embedded in national legislation. After Hurricane Mitch in 1998, CSOs multiplied, expanded their activities, and began to coordinate their efforts, fueled by significant international funding and urgent national needs.

Since the 1990s, civil society has advanced despite a tradition of public indifference and resistance from parts of the government to allow CSOs to contribute to policy discussions. Over time, CSOs have carved out greater space for civic engagement with both the executive and legislative branches. Today, numerous laws enable civil society to participate in government functions as consultants, implementers, or social service providers.

Legal Framework

In 2011, Honduras adopted the Special Law for Non-Governmental Development Organizations (NGO-Ds). The law was developed in consultation with leading NGO-D networks, particularly the Federation of Private Organizations of Honduras (FOPRIDEH), and closely aligns with international standards on freedom of association. Its implementing regulations were published in La Gaceta on June 4, 2013.

Key Political Developments

In 2009, a dispute over constitutional reforms sparked a political crisis that culminated in the military’s forcible removal and exile of President Manuel Zelaya. Presidential elections were subsequently held in November 2009, and Porfirio Lobo was sworn in as president on January 27, 2010.

Honduras remained deeply divided after the 2009-2010 political crisis, and tensions persisted under President Juan Orlando Hernández, who took office in January 2014. Hernández was controversially re-elected in 2017 despite the lack of a constitutional amendment permitting re-election; instead, a ruling by the Constitutional Court allowed it. Various political and civil society actors refused to recognize the legitimacy of his second term.

On November 28, 2021, Xiomara Castro de Zelaya, wife of former President Manuel Zelaya and candidate of the left-wing Libertad y Refundación (LIBRE) party, was elected president with turnout of roughly 70 percent. Her victory reflected widespread rejection of political corruption, the government’s mismanagement of the COVID-19 pandemic, and the entrenched nexus between drug trafficking and politics.