I cannot provide a complete translation for "PCM-17-2024" as this appears to be a legislative reference code or decree number rather than a full law title. To translate this accurately, I would need the complete official title of the law or decree. If you could provide the full Spanish title of the legislation, I would be happy to translate it into English.
Poder Ejecutivo
- Decree: PCM-17-2024
- Published: June 20, 2024
- Issuing body: Poder Ejecutivo
- Gazette: 36,565
- Category: Constitutional
Summary
This law creates the National Institute of Historical Memory, a state institution that investigates, disseminates, and teaches about national historical facts, human rights violations, and democratic breakdowns. It benefits all Hondurans by ensuring access to historical truth and creating a Museum of Memory, Truth and Justice in the Old Presidential House.
Considerations
Whereas the Honduran people are heirs to the heroic legacy of the founders of our Nation and its institutions, who created the foundations of a Democratic State based on the Rule of Law, with the objective of ensuring a politically, economically, and socially just society, which reaffirms nationality and promotes the conditions for the full realization of the human person.
Whereas it is the duty of the Government of the Republic of Honduras to recognize the actions of its most illustrious sons and daughters and render them permanent tribute through the recovery and preservation of collective historical memory.
Whereas it is necessary that the Honduran population have knowledge and awareness of national historical facts and their impact on the social collective.
Whereas the creation of a State organ charged with recovering, representing, disseminating, promoting, and developing the National Historical Memory is necessary.
Whereas for the effective continuity and functioning of such entity, the participation of different public institutions as well as different cultural and civic organizations is necessary.
Whereas the Constitution establishes that artistic, historical, and archaeological wealth is part of the Cultural Heritage of the country, which is placed under the safeguard of the State and subject to special laws for its conservation.
Whereas the creation of a Memory Institute will allow for facilitating and strengthening the transition process to National Refoundation, whose purpose is the creation of a State of Law that is social and democratic.
Whereas the creation of a Memory Institute will allow access to an objective and documentary vision of the social and political process of the Nation in each and every one of its stages, while putting an end to the invisibility of which essential figures in the transformation of the Country have been victims.
Whereas access to, strengthening of, and dissemination of national identity being fundamental, the creation of a 'Museum of Memory, Truth, and Justice' in Honduras is necessary.
Whereas the Constitution of the Republic establishes that the President is charged with directing the general policy of the State and representing it, as well as issuing Agreements, Decrees, and issuing Regulations and Resolutions in accordance with the Law (article 245, numerals 2) and 11)).
Whereas the General Law of Public Administration provides that the creation, modification, or suspension of Deconcentrated Organisms or Entities may only be carried out by the Presidency of the Republic in Council of State Secretaries (article 4).
Whereas according to what is established in the General Law of Public Administration, it is the responsibility of the Council of State Secretaries to create, modify, merge, divide, or eliminate dependencies of the Public Administration (article 22, numeral 3).
Whereas the General Law of Public Administration establishes that for the effective attention and efficient dispatch of administrative matters, deconcentration is established. Likewise, functional deconcentration shall be verified through the creation of entities or organs which, notwithstanding, shall depend hierarchically on a central organ, and are attributed their own competence, which they exercise with technical, administrative, and financial autonomy (articles 41 and 43).
Whereas the General Law of Public Administration establishes that deconcentrated organs or entities shall be created, modified, merged, or eliminated by Decree of the Presidency of the Republic in Council of State Secretaries (article 45).
Articles
CREATION. The NATIONAL INSTITUTE OF HISTORICAL MEMORY is created as a deconcentrated entity of Public Administration, with functional, technical, and administrative independence, which shall be ascribed to the Presidency of the Republic.
OBJECT. The National Institute of Historical Memory has as its object the investigation, dissemination, transmission, and awareness-raising regarding facts of national history related to social and political struggles, as well as serious violations of human rights and disruptions to democratic order.
DOMICILE. The National Institute of Historical Memory shall have its domicile in the capital of the Republic and its headquarters in the Old Presidential House, located on Paseo Marco Aurelio Soto, in the city of Tegucigalpa, Municipality of the Central District. The Honduran Institute of Anthropology and History (IHAH) shall have the responsibility of advising and providing the necessary support and accompaniment for the installation and administration of the Institute, in accordance with the agreement to be executed for such purpose.
ORGANS OF THE INSTITUTE. The organs of the National Institute of Historical Memory are: 1) The Executive President; and, 2) The Advisory Council.
EXECUTIVE PRESIDENT. The National Institute of Historical Memory shall be headed by an Executive President, who shall act by delegation in representation of the President of the Republic, being subject to free removal and appointment by the same. The Executive President is the legal representative of the Institute, responsible for executing the functions and powers of the institution.
REQUIREMENTS TO BE EXECUTIVE PRESIDENT. To be Executive President of the National Institute of Historical Memory, the following are required:
- 1)
To be Honduran and of legal age;
- 2)
To be in the enjoyment of his or her civil and political rights;
- 3)
To be a professional of recognized capacity and suitability;
- 4)
To have no debts or pending accounts with the State; and, 5. Not to hold another paid public office.
FUNCTIONS OF THE EXECUTIVE PRESIDENT. The Executive President of the National Institute of Historical Memory shall have the following functions and powers:
- 1)
To organize and administer the "MUSEUM OF MEMORY, TRUTH AND JUSTICE," which shall make visible and promote these matters of National History;
- 2)
To cooperate with other museums or spaces of investigation, dissemination, transmission, and awareness-raising related to National Memory;
- 3)
To promote the compilation and systematization of documentary and testimonial material related to National Historical Memory. Public institutions involved in the matter are obligated to provide the necessary information and cooperation for the fulfillment of the objectives. 4. To promote the digitalization of libraries and historical archives as a means to preserve and disseminate documentary and bibliographic heritage; 5. To facilitate, promote access to, and preserve national documentary heritage; 6. To conduct the production and dissemination of audiovisual material as a tool for preserving Historical Memory; 7. To establish and maintain relations with public institutions, national and international organizations, municipalities, and cooperation agencies related to Historical Memory; likewise to execute agreements, contracts, and conventions linked to such matters; 8. To promote networks of information and exchange with museums, institutes, or agencies of any type that have common interests or conduct complementary activities, whether electronic or digital; 9. To make available and visible to researchers and the general citizenry the information that is gathered and recovered, through museum, pedagogical, and informative activities and whatever others are necessary to provide and enrich knowledge of the political and social history of Honduras; 10. To promote participatory activities and propose exhibitions, displays, courses, conferences, training tasks and research, publications, and any other type of actions on matters within its purview; 11. To promote the involvement of the population, especially youth, in the process of gathering and recovering National Historical Memory; 12. To raise awareness among the population about national historical facts and their impact on the social fabric, valuing the importance of rescuing its history; 13. To prepare the Budget and Annual Operating Plan (POA), which shall be submitted for consideration by the Advisory Council for its approval; 14. To carry out, in accordance with the laws of the country, the public procurement processes required for the fulfillment of its functions; 15. To hire and renew the personnel who work at the National Institute of Historical Memory and at the Museum of Memory, Truth and Justice; to regulate the exercise of the public function thereof in accordance with Law; and, 16. Any other that may legally correspond to it or be delegated by the Presidency of the Republic.
ADVISORY COUNCIL. The Advisory Council of the National Institute of Historical Memory is the organ responsible for:
- 1)
To consider and support annually the Public Policies in matters of Historical Memory;
- 2)
To consider and support the Annual Operating Plan (POA) and the budgets of the National Institute of Historical Memory that are presented to it by the Executive President;
- 3)
To consider and support in the month of January of each year the annual report of activities that is presented to it by the Executive President;
- 4)
To cooperate with the Executive President for the fulfillment of the objectives of the Institute, particularly in the investigation and documentation of serious violations of human rights committed against Hondurans and foreigners in national territory, for facts related to social struggles and disruptions to democratic order; and,
- 5)
Any other functions that may be delegated to it by the Presidency of the Republic.
COMPOSITION OF THE ADVISORY COUNCIL. The Advisory Council shall be composed of the heads of the following institutions:
- 1)
Executive President of the National Institute of Historical Memory, who shall exercise the Presidency of the Council;
- 2)
State Office of Human Rights (SEDH), who shall exercise the Secretariat of the Council;
- 3)
State Office of the Arts, Cultures and Heritages of the Peoples of Honduras (SECAPPH);
- 4)
State Office of Foreign Relations and International Cooperation (SRECI);
- 5)
Honduran Institute of Anthropology and History (IHAH); and,
- 6)
A Representative of Human Rights Defense Organizations, recognized for their extensive historical trajectory, designated by the Presidency of the Republic. The President of the Republic may invite representatives of organizations or notable citizens to integrate and form part of the Council, with voice but without vote. Council decisions shall be made by simple majority of its members; should this not be achieved, the Presidency of the Council shall have a tiebreaking vote. The Secretariat of the Council must draft and certify the minutes of each meeting.
ASSETS. The assets of the National Institute of Historical Memory shall be composed as follows:
- a)
The budgetary allocations made to it by the State;
- b)
The contributions of the institutions that integrate the National Institute of Historical Memory;
- c)
The assets it acquires by any title, whether by transfers, inheritances, bequests, or donations received from individuals, national or international organizations, and those made by other State institutions in support of National Historical Memory;
- d)
The works and facilities that are constructed for the rescue of National Historical Memory;
- e)
The income it receives from activities of promotion and rescue of National Historical Memory, duly approved by the Advisory Council, the authorities of the State Office of Finance (SEFIN), and the State control organs; and,
- f)
Any other lawful income.
INTERNATIONAL OBSERVERS. The Office of the United Nations High Commissioner for Human Rights (OHCHR), based on its mandate, may be invited to attend the meetings of the Advisory Council for National Historical Memory, in its capacity as international observer and technical advisor, with the right to speak but without vote.
AVAILABILITY OF INSTITUTIONAL RESOURCES. The institutions forming part of the Advisory Council for National Historical Memory shall bear from their budgets the expenses related to their participation and operation in compliance with what is established in this Decree and must provide in each fiscal year in their budget the projection of expenses as well as other resources that are identified to allocate the funds that allow the operation of the Commission.
REGULATIONS. The organic and functional structure of the National Institute of Historical Memory shall be established by means of Regulations, which must be prepared by the Executive President and reviewed by the Advisory Council, within a period not exceeding ninety (90) days from the effective date of this Decree.
BUDGET. The State Office of Finance (SEFIN) is authorized and instructed to identify and allocate the necessary funds for the operation of the National Institute of Historical Memory and for the installation and administration of the "Museum of Memory, Truth and Justice."
All public institutions linked to the matter are authorized and instructed to provide, within the limits of their budgetary availability, all necessary collaboration to the National Institute of Historical Memory, particularly for the design, creation, installation, and administration of the "Museum of Memory, Truth and Justice."
All norms of equal or lower rank that contradict or oppose the provisions of this Decree are hereby repealed.
This Executive Decree shall have immediate effect and shall be published in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of Central District, on the nineteenth (19th) day of the month of June in the year two thousand twenty-four (2024). LET IT BE COMMUNICATED AND PUBLISHED IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO SECRETARY OF STATE IN THE OFFICE OF SOCIAL DEVELOPMENT MARLON DAVID OCHOA MARTÍNEZ SECRETARY OF STATE IN THE OFFICE OF FINANCE TOMÁS EDUARDO VAQUERO MORRIS SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION SERGIO VLADIMIR COELLO DÍAZ SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY AND FIGHT AGAINST CORRUPTION RICARDO ARTURO SALGADO SECRETARY OF STATE IN THE OFFICE OF STRATEGIC PLANNING FREDIS ALONSO CERRATO VALLADARES SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT DORIS YOLANY GARCÍA PAREDES SECRETARY OF STATE IN THE OFFICE OF WOMEN'S AFFAIRS HECTOR GUSTAVO SÁNCHEZ VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF SECURITY JOSÉ MANUEL ZELAYA ROSALES SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE CARLA MARINA PAREDES REYES SECRETARY OF STATE IN THE OFFICE OF HEALTH LUCKY HALACH MEDINA ESTRADA SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION ANGÉLICA LIZETH ÁLVAREZ MORALES SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS, BY LAW LAURA ELENA SUAZO TORRES SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL SECRETARY OF STATE IN THE OFFICE OF ENERGY OCTAVIO JOSÉ PINEDA PAREDES SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND TRANSPORTATION LESLY SARAHÍ CERNA SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY YADIRA ESTHER GÓMEZ CHAVARRÍA SECRETARY OF STATE IN THE OFFICE OF TOURISM GLORIA ANNARELLA VÉLEZ OSEJO SECRETARY OF STATE IN THE OFFICES OF CULTURES, ARTS AND HERITAGE OF THE PEOPLES OF HONDURAS WARREN OCHOA ORELLANA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION FABIOLA CLAUDETT ABUDOJ MENA SECRETARY OF STATE FOR THE DEVELOPMENT AND FOLLOW-UP OF PROJECTS AND AGREEMENTS LIZETH ARMANDINA COELLO GÓMEZ SECRETARY OF STATE IN THE OFFICES OF CHILDHOOD, ADOLESCENCE AND FAMILY
Related laws
- Decreto Ejecutivo No. PCM-017-2024 — Creación del Instituto Nacional de la Memoria Histórica y Museo de la Memoria, la Verdad y la Justicia (Decree PCM-017-2024, 2024)
- Decreto Ejecutivo No. PCM-016-2024 — Declaratoria de Estado de Emergencia Sanitaria ante el aumento de casos de dengue (Decree PCM-016-2024, 2024)
- Decreto Ejecutivo PCM-017-2024 mediante el cual se declara Estado de Emergencia Sanitaria ante el aumento de casos de dengue en todo el territorio nacional
- Executive Decree PCM 18-2024 by which the declaration of a state of emergency in the national penitentiary system is extended, as well as the validity of Executive Decree Number PCM 28-2023 until December 31, 2024 — This decree extends the emergency status in Honduras' prison system until December 2024, allowing the Armed Forces (PMOP) to continue managing prisons and to directly purchase goods and services without public bidding to address the prison crisis. (Decree 28-2023, 2023)
- Acuerdo Ejecutivo No. 162-2024 — Nombramiento de Jorge Alberto Amaya Banegas como Presidente Ejecutivo del Instituto Nacional de la Memoria Histórica (Decree 162-2024, 2025)