Agreement No. 611-2021
- Decree: 34-2021
- Published: September 22, 2021
- Gazette: 35,725
- Category: Administrative
Summary
This agreement approves an Ethics Code of Conduct for employees of the Directorate of Children, Adolescence and Family (DINAF). It establishes standards of integrity, transparency and probity that everyone must comply with, including prohibitions against corruption, conflicts of interest, and misuse of public resources. It applies to permanent and temporary staff, with disciplinary sanctions for non-compliance.
Considerations
Whereas, by means of PCM-027-2014, ratified by Legislative Decree No. 34-2021 dated July 16, 2021, the Directorate of Childhood, Adolescence and Family (DINAF) is created as the governing body of the system for control of public resources, with functional and administrative autonomy, subject only to compliance with the Constitution and the laws.
Whereas, in accordance with numerals 1, 2, and 3 of Article III of the Inter-American Convention Against Corruption, approved by Legislative Decree No. 100-98 of April 21, 1998, the Government of Honduras is obligated to create, maintain, and strengthen standards of conduct and mechanisms for their effective compliance.
Whereas, in accordance with Article 8, numerals 1 and 2 of the United Nations Convention Against Corruption, approved by Legislative Decree No. 9-2005 of March 3, 2005, the Government of Honduras is obligated to approve codes of conduct for the correct, honorable, and proper performance of public functions.
Whereas, the International Organization of Supreme Audit Institutions (INTOSAI), through ISSAI 30, establishes the necessity that Supreme Audit Institutions (SAIs) observe a Code of Ethics founded on the requirement that the State, the general public, and those audited have assurance of the justice and impartiality of all the work of the SAIs and that the conduct and approach of their officials be irreproachable, worthy of respect and confidence.
Whereas, control of probity and ethics is established whose purpose is to establish the conditions to ensure the correct exercise of the actions of public servants and of those persons linked with financial and economic-patrimonial activities related to the State, so that such actions are framed in principles of legality and ethical values of integrity, impartiality, probity, transparency, responsibility, and efficiency that ensure adequate service to the community; as well as to safeguard the State's patrimony, preventing, investigating, and sanctioning public servants who take advantage of their positions, offices, or influence to enrich themselves unlawfully or commit other acts of corruption.
Whereas, the Directorate of Childhood, Adolescence and Family (DINAF) as the body empowered to issue regulatory provisions of the Code of Ethical Conduct for the Public Servant issues this Regulation as a legal instrument that contemplates the standards of ethical conduct for public servants and provides the mechanisms to make such standards viable and effective.
Whereas, Article 4 of the Code of Ethical Conduct for the Public Servant establishes that, "in addition to these general standards, each institution subject to this Code may issue specific standards of ethical conduct. In case of discrepancy between the general standards of this Code and the specific standards issued by an institution subject to this Code, the provisions of this Code shall always prevail." Likewise, Article 30 indicates that they shall also promote the approval of specific standards and Special Codes of Ethical Conduct for each public institution.
Whereas, in accordance with what has been established in the foregoing points, the Directorate of Childhood, Adolescence and Family (DINAF), as the governing body of public policies regarding childhood, requires having a "Code of Ethical Conduct" to foster an ethical culture that permeates the work of those who labor in the organization.
Articles
The Code of Ethical Conduct of the Direction of Childhood, Adolescence and Family (DINAF), hereinafter "The Code" is intended to establish the framework of ethical conduct that should prevail in the behavior of those who work in the Direction of Childhood, Adolescence and Family, hereinafter "DINAF", for the strengthening of a culture of probity, ethics, transparency and integrity, indispensable for permanently fulfilling institutional objectives and providing quality service to Honduran society.
The provisions contained in this Code shall apply generally to officials and employees who work on a permanent or temporary basis by agreement or contract in DINAF, at its different levels and hierarchies.
The Committee of Probity and Ethics, by the functions assigned in articles 5, 36 (subsections 2, 4 and 6) and 37 (subsections 5 and 6) of the Regulations for the integration and operation of the committees of probity and ethics, has as its objective to promote a culture of probity and ethics within DINAF and therefore promote compliance with this Code.
For the purposes of this Code, the following terms shall be understood as: 1. PRINCIPALS: The highest executive authority position held by the Executive Director or Directress. 2. SENIOR MANAGEMENT: Composed of Managers, Sub-managers and Chiefs. 3. USERS: General citizenry, organized civil society, obligated parties and our beneficiary population, the children of Honduras as established by the Convention on the Rights of the Child, and the Code of Childhood and Adolescence of Honduras. 4. CONFLICT OF INTERESTS: Any situation in which the personal interest, whether economic, financial, commercial, labor, political or religious, of a public servant, those of his or her spouse, domestic partner or relatives within the fourth degree of consanguinity or second degree of affinity takes precedence over the collective interest, including the personal interest that the public servant may have to improperly benefit another natural or legal person. 5. NEPOTISM: Preferential treatment toward relatives or friends, to whom public positions or employment are granted merely by virtue of being such, without taking into account other merits. 6. SENSITIVE INFORMATION: That information referring to natural or legal persons, which should not be known by unauthorized persons, whether to safeguard due process, to prevent the advancement of judgment or the leakage of information that could be perceived to the detriment of institutional credibility or to protect information of a private or personal nature in accordance with the regulations that so require it. 7. PUBLIC RESOURCES: The office furniture, computer equipment and programs, vehicles, infrastructure, work tools and utensils, intellectual property, money, securities, water, electricity, materials, office supplies, spare parts, books, uniforms, green areas, among others. 8. UNDUE BENEFITS OR ADVANTAGES: Favors, gifts, perquisites, or courtesies received to do, refrain from doing, accelerate or delay or bypass something, in violation of laws, regulations, manuals or instructions. 9. REPORT: An oral or written act by means of which any natural or legal person declares the knowledge they have about the commission of a crime, irregularities, violations or infractions committed by natural or legal persons against the public administration and the general interests of the State and the Honduran Nation. 10. FAVORS: An act or privilege granted or received by a public servant in favor of third parties or for himself or herself. CHAPTER II COMMITMENTS AND RESPONSIBILITIES OF PRINCIPALS AND SENIOR MANAGEMENT
To be guarantors of the fulfillment of the constitutional function of protection of childhood and adolescence, established furthermore in the Convention on the Rights of the Child ratified by the State of Honduras.
To inspire with their conduct those who work in DINAF, by being examples of leadership, responsibility, independence, integrity, transparency, discipline, loyalty, honesty, confidentiality, respect in daily treatment, acting with fairness and equality without showing any favoritism.
To support the Committee of Probity and Ethics in the fulfillment of its Annual Work Plan, as well as in the socialization and application of this Code in DINAF, exalting the importance of its content and being exemplary in its compliance.
To support the development and formal adoption of measures to promote ethics and integrity, assigning relevant personnel, providing resources for this purpose, strengthening the responsible area and ensuring its implementation.
To ensure that behaviors contrary to this Code and violations of integrity that are detected and investigated are sanctioned in accordance with current internal regulations.
To fulfill the objectives of DINAF, with political neutrality and impartiality, supporting and providing sufficient resources to the audit personnel to perform their functions with independence and security.
To collaborate with the implementation and monitoring of an education program for DINAF personnel regarding the conflicts of interest they face in their functions and duties, their implications, effects and solutions to guarantee compliance with the principles of integrity, independence, honesty, objectivity and confidentiality.
To guarantee equality and fairness in the application of the distribution of workload, salary policies, career regime, evaluation, recognition of performance, recruitment and personnel selection process, to the extent applicable according to the position held.
To generate a work environment characterized by well-being and harmony, preserving physical, moral, mental and psychological integrity, promoting balance between work and family life, promoting continuous improvement, training, education and permanent integration of all personnel for their professional development.
To promote the strengthening of a culture of transparency and accountability, as part of our internal and external responsibility to raise the level of integrity in DINAF.
To participate actively within institutional dynamics, to be always informed of relevant matters, always seeking assertive communication between and with the directions, managements, departments and personnel in general, in accordance with the Internal Communication Policy.
Maintain a respectful and conducive environment to express freely ideas, thoughts and opinions, as well as to respect the lines of command of DINAF.
Assume with honesty and transparency the fulfillment of the Strategic Plan and the Operating Plan, as well as the efficient and effective administration and application of the institutional budget in accordance with the objectives, mission and institutional vision.
CHAPTER III GENERAL PRINCIPLES FOR ALL SERVERS WORKING AT DINAF
Responsibly comply with the functions, activities and tasks assigned within the established timeframe, with quality, excellence, in an effective and efficient manner.
Respect and comply with work schedules and meal times established in accordance with internal regulations, endeavoring to coordinate with other personnel the timely attention of assigned duties.
Maintain impeccable standards of professional conduct, making decisions in accordance with the public interest and practicing absolute honesty in the performance of work and the use of resources assigned by DINAF for the exercise of duties.
Respect and comply with DINAF's internal regulations related to dress code, presenting oneself to work in a formal and dignified manner according to the position held, safeguarding the institutional image.
Avoid any type of conduct that undermines the integrity of persons and that constitutes a conflict of interest, including sexual harassment.
Share knowledge and experience for the benefit of work functions and the growth of DINAF personnel.
Always demonstrate a proactive attitude to identify problems, needs, and risks in the daily operations within DINAF and seek solutions, including matters related to the preferential rights of persons who legally have them (elderly persons, persons with functional diversity, pregnant women, etc.).
Respect the administrative lines of command and the hierarchical order established in DINAF.
Always contribute to the fulfillment of the strategic and operating plan in accordance with the institutional mission, vision and values.
Work as a team demonstrating institutional loyalty, always seeking direct, effective, constructive and assertive communication with team members.
Attend to communications such as telephone calls, emails and messages with courtesy and, when necessary, answer calls that come to other telephones in the Unit, Department, Directorate or Management, providing the necessary guidance to the user or client and informing the person to whom the telephone is assigned about calls received. CHAPTER IV COMMITMENTS AND RESPONSIBILITIES OF AUDIT PERSONNEL AND THE DINAF PROBITY AND ETHICS COMMITTEE
Demonstrate irreproachable conduct at all times and circumstances, adopting and applying the principles of integrity, independence, objectivity, confidentiality and professional competence.
Maintain independence and objectivity when dealing with investigation matters and issues that have been assigned to them for review.
To ensure that its independence is not affected by personal or external interests; in the event that independence is compromised, immediate notice must be given to the highest authority of DINAF.
To be committed to performing efficiently and effectively the assigned work or position, avoiding labor and personal conflicts that may call into question the independence and integrity of the work performed.
To exercise its functions without abusing the position to obtain personal benefits.
To maintain information in a confidential manner, unless there exists a legal or professional right or duty to disclose it. CHAPTER V RELATIONS AMONG DINAF PERSONNEL
To always maintain a treatment of cordiality, kindness, respect, solidarity, equality and equity, avoiding actions, omissions or originating, consenting to, or divulging rumors that may harm their prestige or their physical and emotional health.
To provide cooperation to those who work in the same unit, department, direction or management, as well as to those who work outside of them in pursuit of compliance with the Strategic and Operational Plans, in accordance with institutional objectives, mission and vision.
To tolerate the ideas and opinions of other persons and, if applicable, to share our opinion with respect.
To respect the private life of those who work at DINAF, remaining on the sidelines, provided that their sphere does not negatively affect work and the institution's credibility.
To demonstrate solidarity and sensitivity toward the problems or special and delicate situations that those who work at DINAF may face. CHAPTER VI RELATIONS WITH DINAF USERS
Public officials of DINAF must refrain from engaging in conduct contrary to ethics in public service as indicated in the Code, which generates distrust in the citizenry toward public service and undermines the credibility of those who exercise it.
To attend to the needs of users, always providing a quality service, demonstrating irreproachable conduct and with due independence at all times and in all circumstances.
To listen attentively to users in order to provide them with diligent, helpful, courteous, respectful and equal treatment; seeking to identify and understand their needs and circumstances in order to provide them with appropriate and timely attention.
To process user requests in an orderly and appropriate manner and within the pertinent timeframe, as well as to guide them diligently regarding processes or procedures within DINAF, without requesting any type of remuneration or personal benefit.
To enforce the preferential right of persons who legally possess it (elderly persons, persons with functional diversity, pregnant persons, etc.).
To provide information that is of a public nature and to give necessary explanations in the event that information requested for legal reasons or because it is not within institutional competence cannot be provided.
Restrict the permanence of external personnel in public service areas.
Guarantee in all functions performed by DINAF officials in favor of Children, compliance with the principles of integrity, independence, honesty, objectivity, and confidentiality.
Report to the direct supervisor, when in the exercise of functions, situations arise that may affect or influence the principles of integrity, independence, honesty, objectivity, and confidentiality.
Refrain from performing or participating in any activity or decision incompatible with the functions they perform as public servants of DINAF.
Refrain from accepting or soliciting gifts, benefits, presents, food, lodging, favors, travel or travel expenses, promises, and any other type of attentions, privileges, or expedited processing of procedures, for themselves or for third parties that give reason to doubt the integrity of the DINAF public servant.
Refrain from accepting assistance for illness or death of family members from the passive subjects or public agencies, except for assistance that DINAF provides or promotes.
Refrain from accepting or soliciting payment or reimbursement for transportation and subsistence expenses of third parties.
In the event of having received a benefit directly or indirectly from third parties that may give reason to doubt the integrity of the DINAF public servant, they must present within five business days following receipt of the benefit or the request made, a written response regarding said presumption before the DINAF Committee for Integrity and Ethics.
Act with professional discretion and confidentiality in the handling of sensitive or confidential information to prevent leaks that may affect the principle of legality and due process, as well as the rights of children.
Manage information responsibly without using it to obtain personal benefits or benefits for a third party.
Comply with the internal communication policy, regulations, and directives established at DINAF regarding the handling of internal and external information in the exercise of functions.
Always ensure the relevance, sufficiency, veracity, timeliness, and accuracy of information in the systems and institutional products within the scope of the duties and responsibilities of the position held.
Guarantee security in the transfer of documentation generated in audits and investigations, to avoid risks of loss and leaks.
Safeguard documentation containing sensitive information always ensuring its protection during and after working hours using the resources that the institution provides for those purposes.
Use work time with efficiency and responsibility to comply with the functions, duties, audits, and investigations within the programmed timeframe and in compliance with institutional objectives.
To utilize the assigned resources in an efficient, effective, and exclusively proper manner for the fulfillment of the functions and duties inherent to the position, avoiding performing actions or omissions that place them at risk or using them for personal benefit or that of third parties.
To maximize personal competencies (knowledge, skills, aptitudes), as well as the training received, for the benefit of achieving institutional objectives.
To care for institutional equipment and software, complying with the directives and technical measures issued by DINAF for their use, control, and protection.
To enhance technological and electronic means of communication in the fulfillment of the functions and duties inherent to the position, avoiding excess use for matters of a personal nature.
To liquidate in a timely and transparent manner all resources assigned to perform functions such as: petty cash funds, travel allowances, etc. CHAPTER XI SECURITY, HEALTH AND ENVIRONMENT
To comply with the institutional norms and practices of health and safety that have been established.
To promote the actions that are necessary to protect those who make up DINAF.
To maintain an environment free from the influence of any toxic or illegal substance. CHAPTER XII SPECIFIC CHAPTERS OF TECHNICAL AREAS SECTION I PERSONNEL PROVIDING CARE TO CHILDREN WITH VIOLATED RIGHTS
The public servant who provides direct or indirect care to children whose rights have been violated or are in a situation of risk of violation of their rights, must always conduct themselves in an ethical manner, striving at all times not to perform actions that place the beneficiary children in precarious circumstances or at risk.
All forms of re-victimization must be avoided, attending at all times to the best interest of the children linked to the administrative process due to their situation of risk or violation of rights.
The DINAF servers shall maintain at all times a relationship of cordiality and strict respect for the rights of the children they serve. Maintaining at all times a professional attitude and avoiding any situation of personal involvement that hinders or prevents adequate care.
The public servants of the technical areas that intervene within the scope of their attributions in processes of violation of rights of children, must avoid any bias that leads to an arbitrary decision.
The public servants who must intervene in processes of violation of rights of children and find themselves in any situation of disqualification that affects or could affect their impartiality, must notify it in a timely manner to their immediate superior, as soon as they have knowledge of such circumstance, so that they may be removed from the process.
The DINAF Servers who participate in processes of restitution of violation of the rights of children shall not accept any type of privilege, favor, or benefit, in order to favor or alter the recommendations and/or decisions that they must adopt in the process in respect of due process and the Best Interest of the Child.
Public servants shall make correct use of the resources provided by the institution.
Public servants who intervene in processes for the restitution of rights of children with violated rights shall avoid disclosing information beyond the normal requirements of work. They shall not communicate any confidential or potentially harmful information to external entities or individuals without authorization or through unofficial communication channels.
Public servants who, in the exercise of their functions, have knowledge of any fact that constitutes a crime shall immediately report it through the official channels of the institution to the competent authorities for investigation. SECTION II PERSONNEL ATTENDING TO CHILDREN IN IRREGULAR MIGRATION SITUATIONS AND INTERNATIONAL RESTITUTION
Public servants who intervene in support processes for children in irregular migration situations shall always conduct themselves ethically, ensuring at all times that they do not take actions that place the beneficiary children in a precarious or at-risk situation.
Public servants who intervene in care processes for children in irregular migration situations or in international restitution processes shall avoid disclosing information beyond the normal requirements of work. They shall not communicate any confidential or potentially harmful information to external entities or individuals without authorization or through unofficial communication channels.
Public servants who intervene in care processes for children in irregular migration situations, who believe they have a conflict of interest or find themselves in a risk situation with the purpose of providing information related to beneficiaries to external persons, shall immediately notify their immediate superior and report it to the competent authorities.
Public servants who provide care to children in irregular migration situations or in international restitution shall act with due diligence, transparency, and responsibility that their functions warrant. SECTION III PERSONNEL ATTENDING TO CHILDREN IN SITUATIONS OF ABANDONMENT, ADOPTABILITY STATUS, AND IN ADOPTION PROCESSES
Public servants who intervene in adoption processes shall at all times act diligently, responsibly, and transparently, avoiding any situation that endangers the comprehensive well-being of a child.
Public servants who intervene in adoption processes shall not receive or demand any type of economic compensation from third parties; likewise, they shall avoid incurring in any situation that compromises the integrity and impartiality of the adoption process in all its phases.
Public servants who intervene in adoption processes shall avoid contact with the persons involved in the processes, and that may compromise or present situations of bribery, that is, any situation that compromises the rectitude and proper conduct inherent to the official or public servant in the performance of their functions, corrupting them through money, gift, or promise, in order for the briber to obtain a just or unjust benefit through the action or omission of such official.
Public servants who intervene in adoption processes shall avoid actions that imply prevarication, issuing arbitrary resolutions or reports with full knowledge that the content thereof is unjust and contrary to existing regulations.
Public servants who intervene in adoption processes shall avoid any action or situation intentionally directed at illegitimately falsifying the outcome of the process. SECTION IV PERSONNEL INTERVENING IN PUBLIC POLICY PROCESSES AND MUNICIPAL PROGRAMS
Public officials and servants who intervene in Public Policy Processes or Municipal Programs shall not modify or omit information or data that is collected for the consolidation of reports, statistics, and any other, through prevarication or for the purpose of favoring interests or ends that contravene the public interest.
The greatest participation and integration under democratic and civic standards shall be sought in the formation of the different councils and structures of the comprehensive system for guaranteeing the rights of children. Prioritizing the participation and integration of the greatest diversity of actors and representativeness of indigenous groups, persons with disabilities, student representation, teachers, among others.
Exposure to any type of partisan political interference shall be avoided in the formation of local and departmental structures, as well as in the elaboration of work plans regarding the advice provided by the program, and such circumstances must be reported through official institutional mechanisms.
Comply with the processes and procedures defined by the institution, with due diligence, impartiality, and compliance with the highest standards of protection and respect for the Best Interest of the Child.
Any situation that hinders the implementation of Municipal Councils that derives from partisan political situations and constitutes a violation of the duties of public officials must be reported.
Public servants and officials must report any fact or knowledge of situations involving violation of rights, or crimes against children.
Public servants and officials involved in public policy processes and municipal programs must refrain from making negative comments regarding institutional image, or of a partisan political, religious, or any other nature that constitutes discrimination or goes against the objectives pursued by the institution. CHAPTER XIII GENERAL OBLIGATIONS
Each public servant shall sign the "Commitment to Compliance with the Code of Ethical Conduct of the Directorate of Childhood, Adolescence and Family (DINAF)," which shall also include a declaration of conflict of interests, which shall be incorporated into the personal file. This Commitment shall be renewed annually and each time there is a change of area or a conflict of interests arises.
Establish an induction program for new officials and employees who work on a permanent or temporary basis, with the purpose of raising awareness regarding the importance of ethical conduct in the work performed at DINAF.
The Committee on Probity and Ethics, in coordination with the Human Resources Sub-management, shall coordinate the structuring, development, and implementation of the induction programs referred to in the preceding articles.
The Code may be updated and reformed according to a proposal based on a study regarding the need for updating and modification to adapt it to DINAF's needs. The Committee on Probity and Ethics, by virtue of the functions assigned in articles 36 (subsection 2) of the Regulation for the Integration and Operation of Probity and Ethics Committees, shall carry out both the modification proposal and the supporting study under the supervision of the Directorate of Probity and Ethics. The update and modification shall be presented to the Plenary of Magistrates for approval and entry into force. CHAPTER XIV COMPLAINTS AND SANCTIONS PROCEDURE
Without prejudice to the administrative, civil, or criminal responsibility provided for in the Constitution of the Republic, the Organic Law of the Directorate of Childhood, Adolescence and Family (DINAF), the Penal Code, and other laws of the Republic, conduct contrary to this Code constitutes disciplinary infractions and may be subject to sanctions in accordance with the regulations applicable to those working at DINAF.
Communications or complaints for eventual violations or infractions of this Code shall be presented to the Committee on Probity and Ethics to be addressed and channeled in accordance with what is established in Title IV of the Regulation of the Code of Ethical Conduct of the Public Servant and Chapter VII of the Regulation for the Integration and Operation of the Probity and Ethics Committees.
Those conduct contrary to the Code shall be investigated and, if applicable, sanctioned in accordance with what is established in Title IV of the Code of Ethical Conduct of the Public Servant, Title IV of the Regulation of the Code of Ethical Conduct of the Public Servant, Chapter VIII of the Regulation for the Integration and Operation of the Probity and Ethics Committees, and the Career System of Officials and Employees of DINAF.
The Committee on Probity and Ethics shall have the necessary resources to exercise its duties and comply with the procedure for investigations and sanctions of conduct contrary to the Code, and shall also count with absolute autonomy and independence.
The Committee on Probity and Ethics of DINAF, in compliance with article 30 of the Regulation of the Code of Ethical Conduct of the Public Servant, may qualify the complaints of which it becomes aware and pronounce on the appropriateness of opening the disciplinary process, making the pertinent transfer, or ordering its dismissal.
In order to conduct the qualification of complaints, the following shall be taken into account: 1. Internal Regulation of Public Service of the Directorate of Childhood, Adolescence and Family 2. Any other internal document of mandatory compliance.
Those who make up the Committee on Probity and Ethics shall be responsible for conducting the investigation process to determine the corresponding sanction. For this purpose, they may request the necessary information and documentation, as well as the collaboration of the Human Resources Sub-management.
With regard to sanctions, what is established in Chapter III, articles 52 through 60 of the Regulation of the Code of Ethical Conduct of the Public Servant shall be complied with. The resolution issued by the Committee on Probity and Ethics in which the applicable sanction is established shall be made official by the Human Resources Sub-management.
The Probity and Ethics Committee shall substantiate the applicable sanction determined in its resolution, through the application of the Assessment Tool for the conditions under which the action or omission was committed.
Any person may submit to the Probity and Ethics Committee inquiries regarding the content of this Code, ethical dilemmas, conflicts of interest, or the regime of gifts and other benefits.
In case of discrepancy between the provisions of this Code or any other institutional ethical regulation, the provisions established in the Code of Ethical Conduct of the Public Servant shall prevail. SECOND: This agreement shall enter into force as of its publication in the Official Newspaper La Gaceta. Given in the city of Tegucigalpa, M.D.C., on the tenth (10) day of the month of September of the year two thousand twenty-one (2021). COMMUNICATE AND PUBLISH, LOLIS MARIA SALAS MONTES EXECUTIVE DIRECTOR AMIRA DEL CARMEN MARTINEZ GENERAL SECRETARY
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