Honduras: Self-governing professional organizations

Lawyers shall be entitled to form and join self‐governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

There may be established in each jurisdiction one or more independent and selfgoverning associations of lawyers recognized in law, whose council or other executive body shall be freely elected by all the members without interference of any kind by any other body or person. This shall be without prejudice to their right to form or join in addition other professional associations of lawyers and jurists.

There shall be established in each jurisdiction one or more independent self-governing associations of lawyers recognised in law, whose council or other executive body shall be freely elected by all the members without interference of any kind by any other body or person. This shall be without prejudice to their right to form or join in addition other professional associations of lawyers and jurists.

The Committee also notes with concern the adoption of the Presidential Decree on the Activities of Lawyers and Notaries of 3 May 1997, which gives competence to the Ministry of Justice for licensing lawyers and obliges them, in order to be able to practise, to be members of a centralized Collegium controlled by the Ministry, thus undermining the independence of lawyers. In this regard:

The Committee stresses that the independence of the judiciary and the legal profession is essential for a sound administration of justice and for the maintenance of democracy and the rule of law. The Committee urges the State party to take all appropriate measures, including review of the Constitution and the laws, in order to ensure that judges and lawyers are independent of any political or other external pressure. The attention of the State party is drawn in this connection to the 1985 Basic Principles on the Independence of the Judiciary and the 1990 Basic Principles on the Role of Lawyers, adopted by the United Nations General Assembly.

Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

The functions of the appropriate lawyers’ association in ensuring the independence of the legal profession shall be inter alia: a) to promote and uphold the cause of justice, without fear or favour; b) to maintain the honour, dignity, integrity, competence, ethics, standards of conduct and discipline of the profession; and to protect the intellectual and economic independence of the lawyer from his or her client; c) to defend the role of lawyers in society and preserve the independence of the profession; d) to protect and defend the dignity and independence of the judiciary; e) to promote free and equal access of the public to the system of justice, including the provision of legal aid and advice; f) to promote the right of everyone to a prompt, fair and public hearing before a competent, independent and impartial tribunal and in accordance with proper and fair procedures in all matters; g) to promote and support law reform, and to comment upon and promote public discussion on the substance, interpretation and application of existing and proposed legislation; h) to promote a high standard of legal education as a prerequisite for entry into the profession and the continuing education of lawyers and to educate the public regarding the role of a Lawyers’ Association; i) to ensure that there is free access to the profession for all persons having the requisite professional competence, without discrimination of any kind, and to give assistance to new entrants into the profession; j) to promote the welfare of members of the profession and the rendering of assistance to members of their families in appropriate cases; k) to affiliate with and participate in the activities of international organisations of lawyers.

The functions of a Bar Association in ensuring the independence of the legal professional shall be inter alia: (a) To promote and uphold the cause of justice, without fear or favour; (b) To maintain the honour, dignity, integrity, competence, ethics, standards of conduct and discipline of the profession; (c) To defend the role of lawyers in society and preserve the independence of the profession; (d) To protect and defend the dignity and independence of the judiciary; (e) To promote the free and equal access of the public to the system of justice, including the provision of legal aid and advice; (f) To promote the right of everyone to a fair and public hearing before a competent, independent and impartial tribunal and in accordance with proper procedures in all such proceedings; (g) To promote and support law reform, and to comment upon and promote public discussion on the substance, interpretation and application of existing and proposed legislation; (h) To promote a high standard of legal education as a prerequisite for entry into the profession; (i) To ensure that there is free access to the profession for all persons having the requisite professional competence and good character, without discrimination of any kind, and to giver assistance to new entrants into the profession; (j) To promote the welfare of members of the profession and render assistance to a member of his family in appropriate cases; (k) To affiliate with and participate in the activities of international organizations of lawyers.

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

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23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

The functions of a Bar Association in ensuring the independence of the legal professional shall be inter alia: … (g) To promote and support law reform, and to comment upon and promote public discussion on the substance, interpretation and application of existing and proposed legislation;

The functions of the appropriate lawyers’ association in ensuring the independence of the legal profession shall be inter alia: a) to promote and uphold the cause of justice, without fear or favour; b) to maintain the honour, dignity, integrity, competence, ethics, standards of conduct and discipline of the profession; and to protect the intellectual and economic independence of the lawyer from his or her client; c) to defend the role of lawyers in society and preserve the independence of the profession; d) to protect and defend the dignity and independence of the judiciary; e) to promote free and equal access of the public to the system of justice, including the provision of legal aid and advice; f) to promote the right of everyone to a prompt, fair and public hearing before a competent, independent and impartial tribunal and in accordance with proper and fair procedures in all matters; g) to promote and support law reform, and to comment upon and promote public discussion on the substance, interpretation and application of existing and proposed legislation; h) to promote a high standard of legal education as a prerequisite for entry into the profession and the continuing education of lawyers and to educate the public regarding the role of a Lawyers’ Association; i) to ensure that there is free access to the profession for all persons having the requisite professional competence, without discrimination of any kind, and to give assistance to new entrants into the profession; j) to promote the welfare of members of the profession and the rendering of assistance to members of their families in appropriate cases; k) to affiliate with and participate in the activities of international organisations of lawyers.