PCM-031-2021
Congreso Nacional
- Decree: PCM-031-2021
- Published: April 13, 2021
- Issuing body: Congreso Nacional
- Gazette: 35,570
- Category: Financial & Tax
Summary
This decree authorizes 300 million lempiras for the 2021 "Coffee Bonus Program," which distributes fertilizers and inputs to small and medium-sized coffee producers affected by storms. The Agriculture Ministry implements the program with IICA support, ensuring transparency through public reports and citizen oversight.
Considerations
Whereas the Constitution of the Republic in Article 59 establishes that the human person is the supreme purpose of society and the State, 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, 19 and 45 of the Constitution of the Republic, the President of the Republic is responsible for the General Administration of the State, being among other attributions, 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; administer Public Finance; and, the others conferred upon him by the Constitution and the Laws.
Whereas Article 329 of the Constitution of the Republic establishes that it is the duty of the State to promote economic and social development by creating normative conditions that contribute to the development of production and employment.
Whereas in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has charge of the supreme direction and coordination of Centralized and Decentralized Public Administration, being able in the exercise of his functions to act by himself or in Council of Ministers.
Whereas by Executive Decree Number PCM-030-2020, published in the Official Gazette "La Gaceta" dated April 9, 2020 Edition No. 35,222, national priority support was declared for the Food Production Sector and Food Agroindustry and within the measures decreed to ensure food sovereignty and security in Article 14, it instructs the Ministry of State in the Offices of Agriculture and Livestock (SAG), to guarantee the implementation of the Coffee Bonus.
Whereas by Executive Decree Number PCM-109-2020, published in the Official Gazette "La Gaceta" dated November 2, 2020, reformed by Executive Decrees Numbers: PCM-112-2020, published in the Official Gazette "La Gaceta" dated November 6, 2020; PCM-115-2020, published in the Official Gazette "La Gaceta" dated November 11, 2020; and, PCM-116-2020, published in the Official Gazette "La Gaceta" dated November 18, 2020, a state of emergency was declared at the national level due to the effects of heavy rains caused by Tropical Storms "ETA" and "IOTA" and other climatic phenomena that damaged the productive infrastructure of the country at the national level.
Whereas the cultivation, processing and commercialization of coffee is the most significant economic activity in our country and represents twenty-seven point eight percent (27.8%) of the country's Agricultural Gross Domestic Product (PIBA), benefits more than one hundred twenty thousand (120,000) producing families, employs more than one million people and generated twenty-seven point nine percent (27.9%) of the agricultural sector's foreign exchange for the year 2020, since this item was severely affected by the climatic phenomena that affected the country.
Whereas in the year 2020, it was demonstrated that through the Program "Coffee Bonus for Fertilization in Support of Small and Medium Producers", approximately ninety-one thousand (91,000) coffee producers in 15 Departments were benefited (in accordance with the database derived from the fertilizer delivery records corresponding to the Coffee Bonus during the year 2020), being a contribution aimed at improving the income of small and medium coffee-growing families, improving productivity per area, with the support of a special bonus for the fertilization of coffee farms and the delivery of other inputs, for which reason it is necessary to continue for the present year with similar support.
Whereas the Inter-American Institute for Cooperation on Agriculture (IICA), a specialized agency in agriculture of the Inter-American System, has supported the Ministry of State in the Offices of Agriculture and Livestock (SAG) as advisor, administrator and guarantor of transparency in the management of financial resources, both national and international, including the funds of the Productive Solidarity Bonus, Coffee Bonus, Food for Progress Funds (USDA), demonstrating transparent management and efficient performance of the resources administered.
Whereas it is the duty of the State to ensure by all means at its disposal the right to food security of the Honduran people, by virtue of which it is essential to take measures of an extraordinary character; consequently, the Ministry of State in the Offices of Agriculture and Livestock (SAG) will make arduous and tireless efforts to mitigate the irreversible and unprecedented damages that natural phenomena have caused to the Coffee Sector, leaving the Honduran population in a state of total vulnerability and food insecurity, by virtue of the substantial losses suffered as a result of the public disaster.
Whereas transparency and accountability are guarantees for better performance of the public servant and the Government in general and furthermore, are necessary conditions for effective citizen participation in the construction of authentic democracy.
Articles
The Ministry of State for Agriculture and Livestock (SAG) is authorized to implement and execute the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS", which shall be executed during the fiscal year 2021, in support of coffee growers with a special bonus for the fertilization of coffee-producing farms, delivery of other inputs necessary to improve productivity and accompaniment through technical assistance and training.
In order that the implementation of this Program be carried out in an expeditious and transparent manner, the Ministry of State for Agriculture and Livestock (SAG) is authorized to execute the funds through the Inter-American Institute for Cooperation on Agriculture (IICA), by means of transfer through the Integrated Financial Administration System (SIAFI).
The execution of the Program described in the preceding Article shall be under the supervision of the Ministry of State for Agriculture and Livestock (SAG), which shall be supported by the Inter-American Institute for Cooperation on Agriculture (IICA) in the processes of management and administration of resources for the Program, by means of transfer through the Integrated Financial Administration System (SIAFI), affecting the budget allocated for the development of this component. Said support shall be governed by the Framework of the Letter of Understanding for Technical Cooperation and Administration of Funds to Support the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS", and this document must set forth at least the activities for implementation, monitoring, supervision and evaluation of the Program, as well as the responsibilities of both Institutions.
The Ministry of State for Finance (SEFIN) is instructed to carry out budgetary and financial operations so that the Ministry of State for Agriculture and Livestock (SAG) may dispose of the amount of up to THREE HUNDRED MILLION HONDURAN LEMPIRAS EXACTLY (L 300,000,000.00) for the fiscal year 2021, said resources shall be intended, by means of a bonus, to support the fertilization of coffee-producing farms and technical assistance through the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS". Likewise, the Ministry of State for General Government Coordination (SCGG) is authorized to include in the Program portfolio of the Trust of the Solidarity and Social Protection Fund for Poverty Reduction the financing for the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS". The members of the Technical Committee of the Trust are also authorized to take the corresponding actions for the allocation of resources of the Programs authorized in this Decree.
For the monitoring of the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS", the Ministry of State for Agriculture and Livestock (SAG) is authorized to contract through the direct purchase mechanism, the acquisition of fertilizers and other necessary inputs; as well as to incur any other type of necessary expenses it deems appropriate and to proceed with the execution of contracts it considers necessary for the implementation and execution of said Bonus.
All obligated institutions must publish information relating to their management or, as applicable, provide all information concerning the application of public funds they administer or that have been guaranteed by the State.
In accordance with the principles of accountability and transparency, the Ministry of State for Agriculture and Livestock (SAG) must make known to the general public, through its transparency portals, the reports or liquidations corresponding to the execution of the Program, as well as designate monitors of the process who may be Institutions such as: The National Forum for Convergence (FONAC), Federation of Non-Governmental Organizations for the Development of Honduras (FOPRIDEH), Churches, International Organizations or other agents that monitor the execution process of the Program "COFFEE GROWER BONUS FOR FERTILIZATION IN SUPPORT OF SMALL AND MEDIUM-SIZED PRODUCERS".
This Executive Decree shall enter into force on the day of its publication in the Official Gazette of the Republic "La Gaceta", which shall have effect for the harvest of the present year. Given at Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the twelfth (12) day of the month of April of the year two thousand twenty-one (2021). LET IT BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC. CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE FOR GENERAL GOVERNMENT COORDINATION. EBAL JAIR DÍAZ LUPIAN SECRETARY OF STATE FOR THE OFFICE OF THE PRESIDENCY. HECTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE FOR GOVERNANCE, JUSTICE AND DECENTRALIZATION. LISANDRO ROSALES BANEGAS SECRETARY OF STATE FOR FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION. ZOILA PATRICIA CRUZ CERRATO SECRETARY OF STATE FOR DEVELOPMENT AND SOCIAL INCLUSION. MARÍA ANTONIA RIVERA SECRETARY OF STATE FOR ECONOMIC DEVELOPMENT. ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE FOR INFRASTRUCTURE AND PUBLIC SERVICES. JULIAN PACHECO TINOCO SECRETARY OF STATE FOR NATIONAL SECURITY. FREDY SANTIAGO DÍAZ ZELAYA SECRETARY OF STATE FOR NATIONAL DEFENSE. ALBA CONSUELO FLORES SECRETARY OF STATE FOR HEALTH. ARNALDO BUESO HERNÁNDEZ SECRETARY OF STATE FOR EDUCATION. OLVIN ANIBAL VILLALOBOS VELÁSQUEZ SECRETARY OF STATE FOR LABOR AND SOCIAL SECURITY. MAURICIO GUEVARA PINTO SECRETARY OF STATE FOR AGRICULTURE AND LIVESTOCK. ELVIS YOVANNI RODAS FLORES SECRETARY OF STATE FOR NATURAL RESOURCES AND ENVIRONMENT. MARCO ANTONIO MIDENCE MILLA SECRETARY OF STATE FOR FINANCE. JACKELINE ARELY ANCHECTA CASTRO SECRETARY OF STATE FOR HUMAN RIGHTS, BY LAW. ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE FOR ENERGY. NICOLE MARRDER AGUILAR SECRETARY OF STATE FOR TOURISM. NELSON JAVIER MARQUEZ EUCEDA SECRETARY OF STATE FOR COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS). MAX ALEJANDRO GONZALES SABILLON SECRETARY OF STATE FOR RISK MANAGEMENT AND NATIONAL CONTINGENCIES. MARIA ANDREA MATAMOROS SECRETARY OF STATE FOR TRANSPARENCY.
Related laws
- Executive Decree PCM-031-2021 establishing the Coffee Grower Bonus Program for Fertilization in Support of Small and Medium-Sized Producers — This decree establishes an aid program for small and medium-sized Honduran coffee growers, providing fertilizers and agricultural inputs through a special bonus with 300 million lempiras for 2021. It benefits over 120,000 farming families, improving productivity after hurricane damage and ensuring the country's food security. (Decree 5-2021, 2021)
- Executive Decree PCM-039-2021 by which the measures of restriction to fundamental rights are extended — This decree extends restrictions on fundamental rights in Honduras during April 2021 to contain the spread of COVID-19. It limits people's movement to specific hours (5:00 a.m. to 10:00 p.m.) and closes bars, nightclubs, cinemas, gyms, and educational centers, affecting the entire population except authorized shift workers. (Decree 71-2019, 2021)
- Executive Decree PCM-031-2017 by which the Medium-Term Macro Fiscal Framework (MMFMP) 2018-2021 is approved — This decree approves the government's financial plan for 2018-2021, which establishes how Honduras will spend and invest public funds responsibly. The plan was developed by the Ministry of Finance, the Presidency, and the Central Bank, ensuring that spending is sustainable, reduces debt, and fights poverty with transparency. (Decree 25-2016, 2017)
- Acuerdo Ejecutivo No. SEN-031-2021 — Delegación de funciones a Licenciada Gloria Dolores Alvarenga González (Decree SEN-031-2021, 2021)
- PCM No. PCM-031-2020 — Prorroga por siete días de las medidas de restricción a derechos fundamentales (Decree PCM-031-2020, 2021)