Executive Decree PCM-06-2025 through which a State of Emergency is declared in the Mayan Site of Copán

This decree declares a one-year state of emergency at the Copán Maya Site due to structural deterioration of its archaeological tunnels. It allocates 25 million lempiras for repair and consolidation of the structures, authorizing the Honduran Institute of Anthropology and History to make direct purchases without public bidding to protect this UNESCO World Heritage Site.

That the Constitution of the Republic establishes that the President has in her charge the General Administration of the State, among her attributions being to direct the general policy of the State and represent it; to issue Agreements, Decrees, issue Regulations and Resolutions in accordance with the Law; to direct policy and international relations; as well as the other attributions conferred upon her by the Constitution and the laws (article 245 numerals 2, 11, 12 and 45).

That in accordance with the Constitution of the Republic, all anthropological, archaeological, historical and artistic wealth of Honduras forms part of the cultural heritage of the nation. The Law shall establish the norms that will serve as the basis for its conservation, restoration, maintenance and restitution, as the case may be. It is the duty of all Hondurans to watch over its conservation and prevent its removal. Sites of cultural beauty, monuments and reserved zones shall be under the protection of the State (article 172).

That in accordance with the General Law of Public Administration, the President of the Republic has in her charge the supreme direction and coordination of the Centralized and Decentralized Public Administration and in the exercise of her functions, may act by herself or in Council of Ministers (article 11).

That the Law for the protection of the cultural heritage of the nation establishes that the Protection of Cultural Heritage is of public order, of social and national interest (article 10, Legislative Decree No. 220-97).

That by Executive Decree number PCM 05-2022 published in the Official Journal "La Gaceta" on April 6, 2024, edition number 35,892, the Secretariat of State in the Offices of the Cultures, the Arts and the Patrimonies of the Peoples of Honduras (SECAPPH) is created, as an entity from which coherent policies with national identity and respectful of diversity must be formulated, which promote and reproduce our roots and guarantee full access, promotion and protection of culture, art and heritage (article 4).

That by Legislative Decree No. 118, the Honduran Institute of Anthropology and History is created with autonomy, with juridical personality and its own patrimony, providing that all artistic, historical, archaeological and anthropological wealth of the country, including those found on the submarine platform of the territorial sea, constitutes a cultural treasure of the Nation, consequently, they will be under the protection of the State through the Honduran Institute of Anthropology and History. Likewise, the Institute shall have as its purpose the defense, exploration, conservation, restoration, repair, recovery and increase and scientific investigation of the archaeological, anthropological, historical and artistic treasures of the Nation, as well as typical places and natural beauty (articles 1, 2 and 5).

That by Legislative Decree No. 103-1993, the Honduran Institute of Tourism was created, hereinafter referred to as "IHT", as a public law entity, of permanent character, with juridical personality and its own patrimony, with administrative and financial autonomy, which shall cooperate with the agencies and entities that are responsible for the administration and conservation of national parks and forests, beaches, lakes, lagoons and rivers, archaeological zones, buildings, monuments or objects of historical or cultural value, museums and other attractions, in order to promote their use, protect and conserve tourism resources, seeking the conservation of the environment and its ecological preservation (articles 1 and 23).

That by Executive Decree number PCM 014-2018, the Secretariat of State in the Office of Tourism was created, which is in charge of the formulation, direction, execution, promotion, stimulation and evaluation of policies and activities related to Tourism, as an economic activity that promotes the development of the country, by means of the conservation, protection and rational use of national tourism resources (article 1).

That by Legislative Decree No. 131-98 contained in the Law of Stimulus to Production, Competitiveness and Support for Human Development, with the object of promoting and fostering tourism activity in the country, the TOURISM SERVICES RATE of four percent (4%) is created on the price of daily accommodation in hotels; on the price for vehicle rental; and, on the price of services provided by receptive tourism operating agencies. The administration and control of the Tourism Services Rate shall be in charge of the Secretariat of State in the Office of Finance through the Executive Directorate of Income (now Revenue Administration Service (SAR)) (articles 43 and 44).

That the Organic Law of the Budget establishes that it corresponds to the Presidency of the Republic to authorize the transfers of budgetary funds between Secretariats of State, Decentralized institutions and between both (article 37 numeral 2).

That the ancient Mayan city of Copán is the most important archaeological site of the Republic of Honduras, since over more than one hundred years it has been the scene of investigations by national and international institutions that have generated basic information about the origins of the Honduran people. In such a way that, in 1980, the United Nations Organization for Education, Science and Culture (UNESCO) granted this place the prestigious recognition as World Heritage, highlighting its historical and cultural relevance at a global level.

That in order to conduct archaeological investigations it was necessary for academic institutions to use scientific methods and techniques, among which was the excavation of a network of tunnels of approximately six kilometers (6km) in length, which allowed knowledge of the constructive sequence of the buildings that the ancient Mayas placed in a juxtaposed manner during the occupational history of the Mayan Site of Copán, revealing to the world important discoveries such as: tombs, temples, platforms, masks, stucco reliefs of singular beauty and scientific importance, such as Margarita, Yehnal, Hunal and the extraordinary Rosalila temple.

That after more than two decades since the excavation of the tunnels was halted, these begin to show signs of structural weakening that affect the Acropolis complex as a whole. This situation requires emergency intervention to ensure both the stability of the architectural complex and the safety of visitors. Following a technical evaluation coordinated by the Honduran Institute of Anthropology and History (IHAH), conducted by national and international academics and specialists, an immediate intervention in that tunnel network was determined and recommended, suggesting filling some of them and consolidating those that lead to important discoveries.

That the State Contracting Law establishes that direct contracting may be carried out when the object is to meet the needs occasioned by an emergency situation under the terms established in article 9 of the same Law. (article 63 numeral 1).

That in accordance with the State Contracting Law, the declaration of a State of Emergency shall be made by Decree of the President of the Republic in Council of Ministers (article 9).

That in accordance with the State Contracting Law, the declaration of the State of Emergency shall be made by Decree of the President of the Republic in Council of Ministers (article 9).