Executive Decree PCM-022-2020 - Reform to Decree PCM-021-2020 (21-03-2020)

This decree amends emergency measures during the COVID-19 pandemic, restricting certain constitutional rights (freedom of movement, assembly, and expression) for 7 more days starting March 21, 2020. It affects all citizens in Honduras with the purpose of containing the virus and protecting public health, allowing exceptions for essential commerce, transportation of foreigners, and humanitarian activities.

Whereas the human person is the supreme purpose of society and the State, consequently, all of us have the obligation to respect and protect it in such a way that the Constitution of the Republic enshrines the right to health protection for the Honduran population. WHEREAS: That the Constitution of the Republic establishes in Article 187 that: The exercise of the rights established in Articles 69, 78, 81, 84, 99 and 103, may be suspended in case of: Invasion of national territory, serious disturbance of the peace, epidemic or any other general calamity, by the President of the Republic in Council of Ministers, by means of a Decree that shall contain: 1. The reasons that justify it; 2. The guarantee or guarantees that are restricted; 3. The territory that the restriction shall affect; and, 4. The time that it shall last. Furthermore, the National Congress shall be convoked in the same Decree so that within the period of thirty (30) days, it shall know of said Decree and ratify, modify or disapprove it. In case it were assembled, it shall immediately take notice of the Decree. The restriction of guarantees may not exceed a period of forty-five (45) days for each time it is decreed.

Whereas in accordance with Article 245, numerals 2 and 11 of the Constitution of the Republic, it corresponds to the President of the Republic to direct the general policy of the State and represent it, issue Agreements and Decrees and issue Regulations and Resolutions in accordance with the Law.

Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has in his charge the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of his functions to act by himself or in Council of State Secretaries.

Whereas by Executive Decree Number PCM-005-2020 dated February 10, 2020 and published in the Official Gazette "La Gaceta" on February 10, 2020, a STATE OF HEALTH EMERGENCY was declared throughout the national territory, for the purpose of continuing and strengthening prevention and control actions and guaranteeing care to persons who are suffering from dengue; likewise strengthening surveillance, prevention, control actions and guaranteeing care to persons in the event of probable occurrence of coronavirus infection (COVID-19).

Whereas by Executive Decree number PCM-021-2020 and supported by what is established in Article 245, numerals 4, 7 and 16, the President in Council of State Secretaries determined to restrict or suspend the exercise of some constitutional rights with the purpose of safeguarding human life, the supreme purpose of society and the State.

Whereas currently the Coronavirus pandemic (COVID-19), to date has left more than 240,000 cases of contagion in 169 countries in the world. The number of deaths exceeds 9,700 throughout the world, in Honduras the greatest surge is reported in the Department of Francisco Morazán where confirmed cases already amount to seven (7), followed by the Departments of Choluteca and Cortés with four (4) cases each and finally the Department of Atlántida with one (1) infected person.

Whereas to date the Epidemiological Surveillance System of the State Secretariat in the Health Office, through the National Virology Laboratory by means of laboratory examination there are more confirmed cases of COVID-19, and that these extraordinary measures are necessary for containment at the national level to contain the spread and mitigate negative impacts on people's health and save lives.