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August 11, 2022In force

PCM-20-2022

Poder Ejecutivo

  • Decree: PCM-20-2022
  • Published: August 11, 2022
  • Issuing body: Poder Ejecutivo
  • Gazette: 35,999
  • Category: Administrative

Summary

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This decree creates the Solidarity Action Program (PROASOL), a specialized institution under the Ministry of Social Development that implements programs and projects to serve vulnerable populations (poor children, migrants, people with disabilities, elderly adults, LGBTIQ+ community, among others) through social assistance, education, health, and other coordinated interventions.

Considerations

Whereas Article 1 of the Constitution of the Republic establishes that Honduras is a State of Law, Sovereign, constituted as a free, democratic and independent Republic to ensure to its inhabitants the enjoyment of justice, freedom, culture and economic and social well-being.

Whereas the Constitution of the Republic in its Article 59 establishes that the human person is the supreme purpose of society and the State, and in that sense the necessary provisions must be issued and actions executed to protect it and protect its assets.

Whereas in accordance with Article 245, numerals 2, 11, 18, 19 and 35 of the Constitution of the Republic, it is the responsibility of the President of the Republic to direct the general policy of the State and represent it; issue agreements, Decrees and issue regulations and resolutions in accordance with the law; oversee in general the official conduct of public officials and employees for the security and prestige of the government and the State; administer the Public Treasury; create, maintain and suppress public services and take the measures that are necessary for the proper functioning of the same.

Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration, and may, in the exercise of her functions, act by herself or in Council of State Secretaries.

Whereas in accordance with Article 14 of the General Law of Public Administration, the President of the Republic, by Decree in Council of State Secretaries, may issue within the Centralized Administration the regulations required to: 1) Determine the competence of the Offices of each of the State Secretariats and create the internal dependencies that may be necessary for good administration; 2) Merge internal dependencies that duplicate functions or activities, or that if merged may be performed efficiently; 3) Suppress internal dependencies when necessary or convenient for the purposes of Public Administration; 4) Reorganize those dependencies that the efficiency of Public Administration demands; and, 5) Transfer functions, activities and services to the municipalities or to the organisms of private law auxiliary to Public Administration. These provisions may be issued by the President of the Republic in Council of State Secretaries even when the dependency or function has been created or granted through a legal provision. Decentralized institutions, within the scope of their competence, shall adopt the same measures in accordance with the policies of the Central Government.

Whereas Article 45 of the General Law of Public Administration establishes that deconcentrated organs or entities shall be created, modified, merged or suppressed by Decree of the President of the Republic in Council of State Secretaries and their heads shall respond for their management before the dependency of the Centralized Administration on which they depend.

Whereas the Presidency of the Republic has defined as one of the pillars in the Bicentennial Government Plan to Refound Honduras; the restitution of rights and protection to persons identified in vulnerable groups, with articulated actions, directed to improve their living conditions, through ordered and coordinated interventions.

Whereas vulnerable groups are considered to be persons who are in a state of lack of protection, disadvantage, discrimination, defenselessness or other social causes, who do not have the necessary development capabilities to meet their basic needs, preventing their incorporation into productive life, their development and access to dignified conditions and better well-being. As groups in vulnerable situations are understood: Vulnerable children of school age, persons in conditions of destitution living on the street, migrants forcibly returned, persons with disabilities, vulnerable elderly adults, those displaced and affected by disasters, risks of nature and/or pandemics, epidemics, etc., persons with addiction to any type of drug, persons discriminated against and/or without access to medical care due to suffering from diseases with chronic or contagious effects, persons displaced or victims of crimes resulting from violence, persons discriminated against for belonging to the LGBTIQ+ community, discriminated ethnic minorities for having roots from indigenous or Afro-descendant peoples, defenders of Human Rights and others designated by the Public Policy of Social Protection of the country.

Whereas Article 4 of Executive Decree number PCM 08-97 containing the Regulation of Organization, Functioning and Competences of the Executive Power establishes that: The hierarchical superiors of Public Administration, within the scope of their competence and the levels that correspond, shall exercise permanent control of the functioning of their respective dependencies and of the actions of the personnel thereof. This control shall include both matters relating to efficiency and effectiveness in the fulfillment of the established purposes and objectives, as well as the legality and timeliness of the actions.

Whereas Article 8 of the aforementioned Regulation establishes that insofar as the supreme direction and coordination of the Centralized and Decentralized Public Administration corresponds to the President of the Republic, she defines the plans and programs of the Government, directs their tasks and guides the activities of the State Secretariats and Autonomous Institutions in accordance with the Law. Likewise, in its Article 31 it establishes that deconcentrated organs are created by law, which shall determine their degree of deconcentration, their respective competence, which they shall exercise with technical-administrative and financial autonomy.

Whereas the lack of specialized organs in the implementation of initiatives aimed at groups in vulnerable situations has resulted in projects directed to these populations being assumed by institutions or organs that do not have the competencies and technical capacities to carry them out effectively.

Articles

Article 1.-

Create the Program of Solidarity Action (PROASOL) as a deconcentrated entity of the State Secretariat for Social Development (SEDESOL), with technical-administrative and financial autonomy, which has as its mandate the provision of social care to persons found in vulnerable groups such as: Vulnerable children of school age, persons in circumstances of homelessness living on the street, migrants forcibly returned, persons with disabilities, vulnerable elderly persons, persons displaced and affected by disasters, risks of nature and/or pandemics, epidemics, etc.; persons with addiction to any type of drug, persons discriminated against and/or without access to medical care due to chronic or contagious diseases, persons displaced or victims of crimes resulting from violence, persons discriminated against for belonging to the LGBTIQ+ community, discriminated ethnic minorities for having roots of indigenous or Afro-descendant peoples, defenders of Human Rights and others designated by the country's Public Policy for Social Protection. Through the execution of Programs and Projects directed to these groups, which are identified by social information systems and the technical tools available to the State for this purpose. Said Program contemplates the design, structuring, execution, administration and supervision of Social Projects.

Article 2.-

The Program of Solidarity Action (PROASOL) has as its general objective: Execute programs and projects derived from public policies and designed by the State Secretariat for Social Development (SEDESOL), aimed at intervening in an orderly and coordinated manner in the conditions of human development of vulnerable groups in the areas of: Social assistance, human strengthening, educational strengthening and complementary health. The foregoing, as a result of the formalization of funds from conventions, external financing agreements, donations, inter-institutional agreements or direct allocation by decision-making bodies of the Government of the Republic of Honduras.

Article 3.-

Functions of the Program. The Program of Solidarity Action (PROASOL) has the following functions:

  • 1)

    Identify through an information system provided by the Observatory of Social Development, the care plans for vulnerable groups;

  • 2)

    Formulate a comprehensive agenda for the assistance protection of persons who by their characteristics are in circumstances of vulnerable groups;

  • 3)

    Be an executor of Public Policies in social matters and articulator of projects oriented to the areas: Social assistance, human strengthening, educational strengthening and complementary health for vulnerable groups;

  • 4)

    Perform the distribution of donations assigned by the State Secretariat for Social Development (SEDESOL), and/or the Presidency of the Republic;

  • 5)

    Develop and implement mechanisms of transparency and accountability of public investment made;

  • 6)

    Perform the registration of care, interventions and beneficiaries of social care programs and projects;

  • 7)

    Execute programs and projects aimed at the social care of vulnerable groups in the country, based on principles of transparency, objectivity, inclusion and efficiency;

  • 8)

    Provide truthful, timely and transparent information of the care provided to the Observatory of Social Development;

  • 9)

    Respect and comply with the transparency guidelines established in the Constitution of the Republic, international agreements and other laws;

  • 10)

    Other functions assigned to it by the Presidency of the Republic and/or the State Secretariat for Social Development (SEDESOL).

Article 4.-

Organization of the Program. The Program of Solidarity Action (PROASOL) is organized for the performance of its functions in the following manner:

  • 1)

    Executive Directorate;

  • 2)

    Sub-Directorate;

  • 3)

    General Secretariat;

  • 4)

    Legal Department;

  • 5)

    Unit of Audit and Internal Control;

  • 6)

    Unit of Planning and Evaluation of Management;

  • 7)

    Administrative Management;

  • 8)

    Sub-Management of Human Resources;

  • 9)

    Unit of Communications;

  • 10)

    Other units that may be created through laws, regulations or manuals. The attributions and powers of each of the internal units that make up the Program of Solidarity Action (PROASOL) shall be those established in this Decree and respective regulations, rules or manuals that may be issued with the purpose of improving the scope of action of the entity.

Article 5.-

Functions of the Executive Directorate. The Functions and Attributions of the Executive Directorate are the following:

  • 1)

    Ensure coordination and articulation with entities related to social and productive matters as appropriate for the proper functioning of projects assigned to it;

  • 2)

    Ensure the proper functioning and compliance with the levels of physical and financial execution of programs and projects executed by the Program of Solidarity Action (PROASOL);

  • 3)

    Maintain constant and transparent communication with the State Secretariat for Social Development and the Presidency of the Republic in order to keep the Presidency of the Republic informed of projects and strategic lines;

  • 4)

    Order and approve the contracting of audits of the Program of Social Action (PROASOL), having to know and approve reports generated by such audits and submit their results to the competent authority;

  • 5)

    Authorize and execute contracts for the acquisition of works, consulting services, services other than consulting and other contracts that may be necessary to achieve the objectives of the Program of Solidarity Action (PROASOL);

  • 6)

    Execute and rescind employment contracts of personnel of the Program of Solidarity Action (PROASOL), in accordance with applicable rules;

  • 7)

    Approve the Annual Operating Plan, the institutional Budget, internal regulations and manuals that may be necessary to ensure the achievement of the objectives for which it is created; and,

  • 8)

    Other functions that lead to the achievement of the objective for which it was created.

Article 6.-

The Executive Director is the highest authority of the Program of Social Care for Vulnerable Groups (PROASOL) and shall be freely appointed and removed by the President of the Republic. To be Executive Director, the holder must meet the following requirements:

  • 1)

    Be thirty years of age or older;

  • 2)

    Be of Honduran nationality;

  • 3)

    Be in the full enjoyment of his or her civil rights;

  • 4)

    Be of recognized honorability;

  • 5)

    Have no outstanding accounts or pending matters with the Public Administration or the State of Honduras in general;

  • 6)

    Have no direct or indirect participation with concessionaires, contractors and suppliers of the State;

  • 7)

    Possess a university academic degree; and,

  • 8)

    Possess verifiable professional experience in the execution of social projects. No person who holds an elected position may be Executive Director, and other legal impediments applicable to State Secretaries according to the General Law of Public Administration shall apply.

Article 7.-

For the efficient and effective development of the entity, the programs and projects may contain, in accordance with the design provided in its areas, the following lines of action:

  • 1)

    Legal Assistance;

  • 2)

    Recreation and Culture;

  • 3)

    Monetary Transfers;

  • 4)

    Awareness Campaigns;

  • 5)

    Non-monetary Transfers;

  • 6)

    Supplementary Education Courses;

  • 7)

    Digital Innovation;

  • 8)

    Entrepreneurship;

  • 9)

    Training Workshops;

  • 10)

    Primary Medical Assistance;

  • 11)

    Food and Shelters.

Article 8.-

Ascribe to the Program of Solidarity Action (PROASOL), in application to article 2 of Legislative Decree No. 125-2016, the National School Feeding Program, as a program dependent on the State Secretariat for Social Development, with financial independence, which has as its objective to provide to all boys and girls enrolled in public educational centers at the pre-basic, basic and progressively secondary education levels of the country, a nutritious and supplementary food ration.

Article 9.-

It is instructed that in due course the Executive Directorate of the Program of Social Care for Vulnerable Groups (PROASOL) shall proceed to prepare the manuals and regulations for the operability of the projects.

Article 10.-

It is instructed to the National Directorate of State Assets (DNBE) that in coordination with the State Secretariat for Social Development (SEDESOL), it shall conduct the administrative procedure for the transfer of goods, furniture and equipment necessary to begin the immediate operability of the Program of Solidarity Action (PROASOL).

Article 11.-

It is instructed to the State Secretariat for Finance to allocate the budget necessary for the operability of the Program of Solidarity Action (PROASOL).

Article 12.-

This Executive Decree shall enter into force as of its publication in the Official Gazette "La Gaceta". Given in the City of Tegucigalpa, Municipality of the Central District, on the 10th day of the month of August of two thousand twenty-two (2022). BE ADVISED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC RODOLFO PASTOR DE MARÍA CAMPOS STATE SECRETARY FOR THE PRESIDENCY JOSÉ CARLOS CARDONA ERAZO STATE SECRETARY FOR SOCIAL DEVELOPMENT RIXI RAMONA MONCADA GODOY STATE SECRETARY FOR FINANCE TOMÁS EDUARDO VAQUERO MORRIS STATE SECRETARY FOR GOVERNANCE, JUSTICE AND DECENTRALIZATION EDUARDO ENRIQUE REINA GARCÍA STATE SECRETARY FOR FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ÁNGEL EDMUNDO ORELLANA MERCADO STATE SECRETARY FOR TRANSPARENCY AND FIGHT AGAINST CORRUPTION RICARDO ARTURO SALGADO STATE SECRETARY FOR STRATEGIC PLANNING PEDRO JOSÉ BARQUERO TERCERO STATE SECRETARY FOR ECONOMIC DEVELOPMENT DORIS YOLANI GARCÍA PAREDES STATE SECRETARY FOR WOMEN'S AFFAIRS RAMÓN ANTONIO SABILLÓN PINEDA STATE SECRETARY FOR NATIONAL SECURITY JOSÉ MANUEL ZELAYA ROSALES STATE SECRETARY FOR DEFENSE JOSÉ MANUEL MATHEU AMAYA STATE SECRETARY FOR HEALTH LUCKY HALACH MEDINA ESTRADA STATE SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT DANIEL ENRIQUE ESPONDA VELÁSQUEZ STATE SECRETARY FOR EDUCATION MELINA NATALIE ROQUE SANDOVAL STATE SECRETARY FOR HUMAN RIGHTS LAURA ELENA SUAZO TORRES STATE SECRETARY FOR AGRICULTURE AND LIVESTOCK ERICK MEDARDO TEJADA CARBAJAL STATE SECRETARY FOR ENERGY MAURICIO ANTONIO RAMOS SUAZO STATE SECRETARY FOR INFRASTRUCTURE AND TRANSPORTATION LESLY SARAHÍ CERNA STATE SECRETARY FOR LABOR AND SOCIAL SECURITY YADIRA ESTHER GÓMEZ CHAVARRÍA STATE SECRETARY FOR TOURISM GLORIA ANNARELLA VÉLEZ OSEJO STATE SECRETARY FOR CULTURES, ARTS AND HERITAGE OF THE PEOPLES OF HONDURAS OCTAVIO JOSÉ PINEDA PAREDES STATE SECRETARY FOR COMMUNITY DEVELOPMENT, WATER AND SANITATION PABLO RAMÓN SOTO BONILLA STATE SECRETARY FOR RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO) FABIOLA CLAUDETT ABUDOJ MENA STATE SECRETARY FOR THE DEVELOPMENT AND MONITORING OF PROJECTS AND AGREEMENTS

Notes

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