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March 28, 2020Amended

PCM-025-2020

Poder Ejecutivo

  • Decree: PCM-025-2020
  • Published: March 28, 2020
  • Issuing body: Poder Ejecutivo
  • Gazette: 35,212
  • Category: Administrative

Summary

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This decree creates the 'Honduras Solidaria' operation to distribute basic food and hygiene supplies to 800,000 Honduran families affected by the COVID-19 crisis. It establishes two implementation methods: a centralized approach with inter-institutional coordination and a decentralized one through transfers to municipalities, with oversight by social organizations to ensure transparency.

Considerations

Whereas the Constitution of the Republic establishes that the human person is the supreme end of society and of the State; and that all have the obligation to respect and protect it; that the family, motherhood and childhood are under the protection of the State; as well as the special protection of the State to the elderly; recognizing the universal right to the protection of health.

Whereas the Republic of Honduras is a State party to the Universal Declaration of Human Rights of 1948, as well as to the International Covenant on Economic, Social and Cultural Rights (1996) which literally state: "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food..." and "The right of everyone to an adequate standard of living for himself and his family, including food (...) adequate and to a continuous improvement of living conditions" as well as "the fundamental right of everyone to be protected against hunger".

Whereas in accordance with Article 245, numeral 2 of the Constitution of the Republic, the President of the Republic is in charge of the General Administration of the State and among other duties is responsible for directing the general policy of the State and representing it.

Whereas the policy, strategy and objectives of the Government are defined by the President of the Republic and his actions are discussed and approved through the Council of State Secretaries.

Whereas according to Article 22 numerals 5) and 12) of the General Law of Public Administration, reformed by Legislative Decree No. 266-2013, the Council of State Secretaries has the powers to "issue extraordinary measures in economic and financial matters when required by the national interest, having to report to the National Congress"; as well as "such other powers as are conferred upon it by the Constitution of the Republic and the laws" CONSIDERING: Considering that by means of Executive Decree PCM-025-2020 published in the Official Gazette "La Gaceta" on February 10, 2020, reformed by Executive Decree number PCM 016-2020 with publication date of March 6, 2020 and Executive Decree number PCM-017-2020 published in the Official Gazette "La Gaceta", on March 21, 2020, by virtue of which a STATE OF HUMANITARIAN AND HEALTH EMERGENCY was declared in the Public Health System at the national level, for the purpose of continuing and strengthening prevention and control actions and guaranteeing care for persons suffering from dengue; likewise strengthen surveillance, prevention and control actions and guarantee care for persons in the event of probable occurrence of coronavirus infection (COVID-19).

Whereas it is of pressing necessity that the different institutions of the Centralized, Decentralized and Deconcentrated public administration cooperate and articulate efforts aimed at the aforementioned actions in accordance with the SINAGER Law; to facilitate the delivery of food to families of the Honduran population, affected by the current health crisis.

Whereas Article 59 of the Constitution of the Republic enshrines that the human person is the supreme end of society and of the State, consequently, we all have the obligation to respect and protect it, and likewise it establishes the right to the protection of the health of the Honduran population.

Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic is in charge of 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.

Amendments

Articles

Article 1.-

The operation "HONDURAS SOLIDARIA" is hereby created, with the objective of supplying basic food basket rations to at least eight hundred thousand (800,000) Honduran families affected by the global crisis caused by the threat of COVID-19 propagation, declaring a state of sanitary emergency through Executive Decree PCM 005-2020 published in the Official Gazette "La Gaceta" on February 4, 2020, reformed by Executive Decree PCM 016-2020 with publication date of March 6, 2020. For the foregoing purposes, two (2) modalities of care for the operation "HONDURAS SOLIDARIA" are established, being the following: 1) Centralized Execution Model and 2) Decentralized Execution Model for care in the Municipalities via Transfer. CENTRALIZED EXECUTION MODEL

Article 2.-

The National Basic Products Supplier (BANASUPRO) and the Honduran Agricultural Marketing Institute (IHMA) are hereby instructed through the State Secretariat in the Office of Economic Development, the Armed Forces of Honduras through the State Secretariat in the Office of National Defense (SEDENA), State Secretariat in the Office of Security, State Secretariat in the Office of Development and Social Inclusion (SEDIS), National Service of Entrepreneurship and Small Business (SENPRENDE), State Secretariat in the Office of Finance (SEFIN), State Secretariat in the Office of Education (SEDUC), the National Information Center of the Social Sector (CENISS) through the State Secretariat in the Office of General Government Coordination, State Secretariat in the Offices of Agriculture and Livestock (SAG) and other entities with pertinence in response activities to the needs of the population facing the effects of fighting COVID-19 propagation, to articulate interinstitutional cooperation in order to supply basic food. Target Population: Targeting: The National Information Center of the Social Sector (CENISS), State Secretariat in the Office of Development and Social Inclusion (SEDIS) and National Service of Entrepreneurship and Small Business (SENPRENDE), shall form the targeting team, having as responsibilities: to determine the territories and beneficiary sectors for which a prioritization model shall be developed that considers clusters of vulnerable groups in the different neighborhoods, settlements and communities; likewise information from different economic sectors shall be evaluated with emphasis on micro, small business and social sector of the economy affected during this emergency; similarly various reports provided by public and private institutions. Production of food rations: The State Secretariat in the Office of Economic Development and the National Basic Products Supplier (BANASUPRO) shall form the production team, having as responsibility the assurance of food supply and inputs for the HONDURAS SOLIDARIA operation and points of sale. The State Secretariat of Economic Development shall define the list of products that shall comprise the food ration and hygiene kit. Distribution of food: The Armed Forces of Honduras with the accompaniment of the involved institutions, must establish in a coordinated manner the logistics and mobilization process of food in order for it to be carried out transparently, guaranteeing the oversight of national and international organizations where applicable. Liquidation: The Armed Forces of Honduras shall prepare a food delivery record received by the beneficiary in order to have correct liquidation that assures transparency in the process; likewise they shall effect the liquidation of food units received by BANASUPRO, with the involvement of national and international organizations as process transparency overseers.

Article 3.-

The institutions called to participate in said process within the framework of their specific competencies shall make available the timely resources for obtaining the products and inputs, identification of beneficiary families, logistics services, mobilization and other activities related to the management of food delivery to affected families. Request the support and/or collaboration of the National Registry of Persons (RNP), in contributing to and accompanying the food distribution process through available resources.

Article 4.-

The institutions shall have the following responsibilities: A. RESPONSIBILITIES OF THE TEAMS: 1. The State Secretariat in the Office of Education (SEDUC), State Secretariat in the Office of Development and Social Inclusion (SEDIS), State Secretariat in the Office of Economic Development, National Service of Entrepreneurship and Small Business (SENPRENDE), State Secretariat in the Office of Finance (SEFIN) and the Armed Forces of Honduras who collaborate with the State Secretariat in the Office of Security, shall form the COORDINATING TEAM, having as responsibilities: to articulate interinstitutionally the process of beneficiary targeting, food production and distribution. 2. The heads of SEDUC, SEDIS and SENPRENDE shall act as STRATEGIC COORDINATING TEAM with sufficient authority to restructure distribution and delivery processes that in practice may improve timeframes. 3. The National Information Center of the Social Sector (CENISS), State Secretariat in the Office of Development and Social Inclusion (SEDIS) and National Service of Entrepreneurship and Small Business (SENPRENDE) shall form the TARGETING TEAM, having as responsibilities: to determine the territories and beneficiary sectors for which a prioritization model shall be developed that considers clusters of vulnerable groups in the different neighborhoods, settlements and communities, likewise information from different economic sectors shall be evaluated with emphasis on micro, small business and social sector of the economy affected during this emergency; similarly various reports provided by public and private institutions. 4. The State Secretariat in the Office of Economic Development and the National Basic Products Supplier (BANASUPRO) shall form the PRODUCTION TEAM, having as responsibility: assurance of food supply and inputs for the HONDURAS SOLIDARIA operation and points of sale. 5. The State Secretariat in the Office of Defense through the Armed Forces of Honduras and with the support of the National Registry of Persons (RNP), the State Secretariat in the Office of Development and Social Inclusion (SEDIS) and the National Service of Entrepreneurship and Small Business (SENPRENDE) shall form the DISTRIBUTION TEAM, having as responsibilities: the design and development of the strategy for the distribution of food and inputs to beneficiaries. 6. State Secretariat in the Office of Finance (SEFIN), shall be responsible for guaranteeing the economic resources required for the execution of the operation "HONDURAS SOLIDARIA", within the framework of Budget Discipline and the application of Executive Decree number PCM-020-2020. B. RESPONSIBILITIES BY INSTITUTION 1. State Secretariat in the Office of Economic Development (SDE): Liaison institution with the State Secretariat in the Office of Finance (SEFIN) and sole entity authorized to request the disbursement of funds identified for the purchase of inputs that shall comprise the food ration and hygiene kit to be delivered to the most needy Honduran families. The SDE jointly with the State Secretariat in the Offices of Agriculture and Livestock (SAG), shall be the institutions in charge of the relationship, negotiation, selection or removal of suppliers for the fulfillment of the objective of the operation "HONDURAS SOLIDARIA", with the permanent accompaniment of overseers. The SDE shall form a high-level Technical Team that shall be led by an Under-Secretary of State. 2. BANASUPRO: a. Institution in charge of reception and preparation of food rations and hygiene kit. Liquidate the transferred funds for the fulfillment of the objective of this Decree. Liquidations must be delivered to the State Secretariat in the Office of Economic Development (SDE); as well as they are an indispensable requirement for receiving new transfers. b. Provide weekly reports to the State Secretariat in the Office of Economic Development and when required. 3. The National Information Center of the Social Sector (CENISS) shall be responsible for providing the necessary information inputs to the TARGETING TEAM to prioritize distributions. 4. SENPRENDE: Shall be responsible for providing information on beneficiaries from the entrepreneurial sector, micro, small, medium-sized business and social sector of the economy affected by the sanitary crisis of the COVID-19 virus. 5. SEDIS: Provide accompaniment and field knowledge, through family guides, facilitating the application of instruments that allow verification of the development of field activities. 6. SEDENA through the Armed Forces of Honduras with the support of the National Police shall be in charge of the logistics of the operation "HONDURAS SOLIDARIA", carrying out the delivery of food rations with the accompaniment of family guides. 7. SEFIN: Prioritize and expedite the disbursement of funds requested by the State Secretariat in the Office of Economic Development, for the purchase of basic products required by BANASUPRO to make effective the delivery of food rations to affected families. 8. The State Secretariat in the Office of Education (SEDUC): Participate in the design of strategies, in monitoring and follow-up that allow guaranteeing delivery in the shortest time possible; likewise, generate citizen participation spaces and an enabling climate for social oversight, leading the communication strategy and spokesperson role for the process. 9. IHMA and SAG: Guarantee the supply of food that comprises the productive chain.

Article 5.-

The institutions of the Public Sector are hereby instructed to proceed within a maximum period of FIVE (5) business days counted from the effective date of this Executive Decree, to the cancellation of pending payment accounts with BANASUPRO. In case of noncompliance with the foregoing provision, the State Secretariat in the Office of Finance is empowered to proceed to carry out the operations that are necessary and that allow the cancellation of the previously cited pending payment accounts, for which BANASUPRO must previously submit to SEFIN the debts of the debtor institutions duly certified and with the corresponding support.

Article 6.-

The Armed Forces of Honduras with the accompaniment of the involved institutions, shall establish in a coordinated manner the logistics and mobilization process of food in order for it to be carried out transparently, guaranteeing the oversight of national and international organizations where applicable. DECENTRALIZED EXECUTION MODEL FOR CARE IN THE MUNICIPALITIES VIA TRANSFER

Article 7.-

The State Secretariat of Governance, Justice and Decentralization (SGJD) is hereby authorized to make transfers to the Municipalities, said transfer shall have as sole financial purpose to finance the purchase of products that shall be delivered to the target population established in each municipality within the framework of the Honduras Solidaria operation. The State Secretariat in the Office of Finance is hereby instructed to in coordination with the State Secretariat of Governance, Justice and Decentralization assign the resources for the execution of the aforementioned funds. Likewise, the State Secretariat in the Office of Finance is authorized to carry out the necessary budgetary operations so that transfers to the Municipalities may be made within the framework of the Honduras Solidaria operation. Target Population: Targeting: Target the poorest households, addressing at least the amount indicated by CENISS. Production of food rations: This fund must be exclusively for purchasing essential basic food basket products for family sustenance (giving priority to local producers and suppliers) and hygiene kit that prevents COVID-19. Proposed Products: 1 RICE 2 SARDINE 3 SUGAR 4 GROUND COFFEE 5 BEANS 6 CORNMEAL 7 WHEAT FLOUR 8 LARD 9 PASTA 10 TOMATO PASTE 11 IODIZED SALT 12 CHICKEN SOUP 13 BOUILLON CUBES 14 ANTIBACTERIAL GEL 15 LAUNDRY SOAP 16 DISH SOAP Due consideration must always be given to the variety of products in the provision that is delivered, being essential the hygiene kit that prevents COVID-19. Distribution of food: Integrate the Armed Forces of Honduras for delivery to beneficiaries. Liquidation Each Municipality must make purchases in accordance with the Law and shall conduct the corresponding liquidations before the State Secretariat in the Offices of Governance, Justice and Decentralization through the Municipal Strengthening Department, in accordance with the principles of accountability and transparency; liquidation shall be an indispensable requirement for accessing new transfer. Likewise each Municipality shall report in its respective Transparency portals the liquidation reports based on the guidelines that shall be communicated for this purpose by the State Secretariat in the Offices of Governance, Justice and Decentralization. Once the assigned funds have been executed in part or in their entirety, compliance shall be according to the provisions established in Legislative Decree DECREE No. 171-2019 containing the GENERAL BUDGET OF REVENUE AND EXPENDITURE OF THE REPUBLIC, FISCAL YEAR 2020, in its Article 195 numeral 5) Oversight: Each Municipality must have the oversight of the Departmental Governorship, civil society and churches of the municipality. Prepare a record of delivery or receipt of the food ration. Integrate the Municipal Emergency Committee (CODEM) for accompaniment.

Article 8.-

OVERSEERS FOR BOTH CARE MODALITIES. The National Forum of Convergence (FONAC), Federation of Non-Governmental Organizations for the Development of Honduras (FOPRIDEH), Churches, International Organizations or other agents shall be considered as overseers in order to guarantee transparency and follow-up of the process of food delivery to families, in relation to the second package of economic measures to guarantee food security of the country. The Government of the Republic shall provide all pertinent collaboration, logistics support, access to public information and any other resource so that these non-governmental organizations and non-profit institutions fulfill their role of social overseers of the food delivery process.

Article 9.-

This Decree applies to all actions taken by each of the institutions within the framework of the operation HONDURAS SOLIDARIA.

Article 10.-

The present Decree contemplates extraordinary measures in economic and financial matters originated by the humanitarian and sanitary emergency declared at the national level, account must be given of these to the National Congress, the foregoing in strict compliance with the provisions stipulated in article 22 numeral 5) of the General Law of Public Administration.

Article 11.-

The present Executive Decree is of immediate execution and must be published in the Official Gazette "La Gaceta". Given in Presidential House, Tegucigalpa, municipality of the Central District, on the twenty-third (23) day of the month of March of the year two thousand twenty (2020). LET IT BE KNOWN AND PUBLISHED JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC MARTHA VICENTA DOBLADO ANDARA STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION, BY LAW EBAL JAIR DÍAZ LUPIAN STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS STATE SECRETARY IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION REINALDO ANTONIO SÁNCHEZ RIVERA STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO STATE SECRETARY IN THE OFFICE OF NATIONAL SECURITY. FREDY SANTIAGO DIAZ ZELAYA STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE. ALBA CONSUELO FLORES STATE SECRETARY IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ STATE SECRETARY IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ELVIS YOVANNI RODAS FLORES STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT ROCIO IZABEL TABORA MORALES STATE SECRETARY IN THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH STATE SECRETARY IN THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR STATE SECRETARY IN THE OFFICE OF TOURISM NELSÓN JAVIER MARQUEZ EUCEDA STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) GABRIEL ALFREDO RUBÍ PAREDES STATE SECRETARY IN THE OFFICES OF RISK AND NATIONAL CONTINGENCIES MANAGEMENT

Notes

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