PCM-50-2023
Poder Ejecutivo
- Decree: PCM-50-2023
- Published: November 24, 2023
- Issuing body: Poder Ejecutivo
- Gazette: 36,392
- Category: Administrative
Summary
This decree declares a 45-day State of Emergency in 170 municipalities affected by Tropical Storm Pilar and a cold front, allowing the government to directly contract goods, services, and repair works without bidding. It authorizes 368 million lempiras to repair roads, drainage systems, and infrastructure, and provide humanitarian aid to 57,000 affected people, under supervision of the Superior Court of Accounts.
Considerations
Whereas the human person is the supreme purpose of society and the State, which has the duty to protect their life and physical integrity, for which in situations of emergency caused by climatological phenomena such as hurricanes, storms or tropical depressions, with negative effects aggravated by climate change and the lack of mitigation and adaptation works, the Government must, in coordination with all State institutions, execute urgent actions of prevention, control and constant surveillance, making it indispensable the immediate hiring of goods and services to respond to the affected population, as well as the execution of infrastructure works to enable circulation and guarantee national mobility.
Whereas Honduras is a country highly vulnerable to the effects of climate change, according to various scientific reports on the matter, including relevant reports from the United Nations Organization. Its geographic location—between the Pacific Ocean and the Atlantic—exposes the country to numerous and diverse natural threats and extreme climate phenomena. Likewise, recent science suggests that the number of severe tropical cyclones will increase with each tenth of a degree increase in global average temperature.
Whereas for more than a decade, the regime established after the coup d'état of 2009 privileged the granting of contracts for public-private alliances and failed trusts denounced for high corruption, abandoning the construction of infrastructure projects and flood control, including some that were already planned and subscribed, such as the dams of "Jicatuyo", "Los Llanitos" and "El Tablón" in the northern zone of the country and the "Morolica" dam in the southern zone, the channeling, reforestation, cleaning and dredging of river basins and their protection, for which we face an aggravated state of calamity, being the duty of the State to offer immediate response to persons and families in situations of vulnerability.
Whereas in the face of the damage caused by recent rains, including those caused by tropical storm Pilar and subsequent cold front, the State Secretary in the Offices of Risk and National Contingency Management (COPECO) proceeded to declare alerts throughout the entire national territory, including red alerts in various departments of the country. In addition to this, the National Center for Atmospheric, Oceanic and Seismic Studies (CENAOS), through its climate records, has determined an increase in precipitation superior to the historical average of recent years, which has caused an increase in soil moisture levels (saturation), generating damage to productive infrastructure, housing infrastructure and road infrastructure, both primary and secondary.
Whereas according to the Executive Report prepared by the State Secretary in the Offices of Risk and National Contingency Management (COPECO), approximately fifty-seven thousand (57,000) persons have been affected by the recent cyclonic season, approximately 1,300 homes damaged and 214 communities cut off from communication.
Whereas in situations of emergency, specialized attention should be prioritized for groups in vulnerable situations, guaranteeing the unrestricted respect of human rights, making it indispensable the immediate execution of works and actions of mitigation, adaptation, control and prevention in various departments of the country.
Whereas the recently approved "Law for the Protection of Women in Contexts of Humanitarian Crisis, Natural Disasters and Emergencies" has the purpose of guaranteeing the protection and respect of the human rights of all persons, especially those in vulnerable situations, such as women, girls and boys (Legislative Decree No. 9-2023).
Whereas the Constitution of the Republic establishes that the President has charge of the General Administration of the State and its representation; having among her attributions the direction of the general policy of the State and its representation, the issuance of Agreements and Decrees, the enactment of regulations and resolutions in accordance with the Law, the administration of the Public Treasury and the others conferred upon her by the Constitution and the Laws (article 245, numerals 2, 11, 19 and 45).
Whereas the General Law of Public Administration provides that the President of the Republic has charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of her functions to act by herself or in Council of Ministers (article 11).
Whereas the State Contracting Law establishes that direct contracting may be performed when the object is to meet the needs occasioned by a situation of emergency under the terms established in article 9 of the same Law (article 63, numeral 1).
Whereas, in accordance with the State Contracting Law, the Declaration of State of Emergency shall be made by means of a Decree of the Presidency of the Republic in Council of Ministers. Likewise, it establishes that when situations of emergency occur caused by disasters, public calamity or other circumstances that substantially affect the continuity or efficient provision of public services, the construction of public works, the supply of goods, services or the provision of consulting services that are strictly necessary may be contracted, without being subject to the requirements of public bidding and other regulatory provisions, without prejudice to oversight functions. Every contract shall contain the clauses and provisions that are necessary for its correct execution and proper control. Its object shall be determined and the need intended to be satisfied shall be fully justified in the corresponding file (articles 9 and 10).
Articles
Declare a State of Emergency for a period of FORTY-FIVE (45) days in the municipalities affected by the two atmospheric phenomena recently recorded in the national territory: 1) tropical storm Pilar that affected the country via the Pacific Ocean; and, 2) the cold front that entered through the Atlantic zone, Caribbean Sea; the foregoing in order to address the principal damages caused by torrential waters, flooding, landslides, damage to roads, road networks, bridges, homes and other public social infrastructure works, in accordance with the provisions established in the State Contracting Law, for the construction of infrastructure works and to provide the affected population with the required humanitarian assistance. The municipalities identified and included in this Emergency Declaration are attached to this Decree (SOLE ANNEX).
The Secretariat of State in the Office of Risk Management and National Contingencies (COPECO) shall continue to maintain active the National Risk Management System (SINAGER), so that all institutions that comprise it work in a coordinated manner and respond immediately to emergencies that are reported at the national level.
The Secretariat of State in the Office of Infrastructure and Transportation (SIT) is instructed and authorized, in accordance with the State Contracting Law, to perform direct contracting of the goods, services and works necessary for the repair of the road network in the municipalities included in this Emergency Declaration and to identify funds within its budgetary structure in the amount of ONE HUNDRED NINETY-EIGHT MILLION LEMPIRAS (L198,000,000.00). Of which THIRTY MILLION LEMPIRAS (L30,000,000.00) shall be executed through the Municipal Municipalities included in this Decree.
The Honduran Social Investment Fund (FHIS) and the Secretariat of State in the Office of Community Development, Water and Sanitation (SEDECOAS) are authorized, in accordance with the State Contracting Law, to perform direct contracting of the goods, services and works necessary for the repair of drainage works (bridges, ditches, bridge boxes, culverts, fords, etc.) in the municipalities included in this Emergency Declaration, for which purpose they shall identify within their budgetary structure an amount of ONE HUNDRED TWENTY MILLION LEMPIRAS (L120,000,000.00).
The Secretariat of State in the Office of Risk Management and National Contingencies (COPECO) and the Secretariat of State in the Office of Social Development (SEDESOL) are authorized, in accordance with the State Contracting Law, to perform direct contracting of the goods and services necessary to provide humanitarian assistance to the affected population in the municipalities included in this Emergency Declaration, for which purpose the Secretariat of State in the Office of Finance (SEFIN) is instructed and authorized to identify and provide the following budgetary allocations: 1) Allocate to the Secretariat of State in the Office of Risk Management and National Contingencies (COPECO) a budget of TWENTY-FIVE MILLION LEMPIRAS (L25,000,000.00); and, 2) Allocate to the Secretariat of State in the Office of Social Development (SEDESOL) a budget of TWENTY-FIVE MILLION LEMPIRAS (L25,000,000.00).
The Secretariat of State in the Office of National Defense (SEDENA) and the Secretariat of State in the Office of Security (SEDS) are instructed to adopt the measures, actions and provisions necessary to guarantee the life, safeguard the property and physical integrity of persons who reside or attend zones considered to be at high risk and impacted by hydrometeorological events, and shall perform the cordoning off and temporarily prevent access to risk zones, guarantee security and surveillance in places of concentration of displaced families, perform search, rescue and assistance tasks, among others. The foregoing is the responsibility primarily of the State security forces such as the Armed Forces of Honduras (FFAA) and the National Police of Honduras. Likewise, these institutions shall place at disposition the logistics required for the transfer of affected persons and the mobilization of goods and supplies necessary to address this emergency. In accordance with the provisions established in the Law for the Protection of Women in Contexts of Humanitarian Crises, Natural Disasters and Emergencies, attention and effective response must be provided in favor of women, against gender-based violence in the context of this Emergency Declaration.
The National Emergency System "NINE, ONE, ONE" (911), as a public service and of national security, shall keep its single telephone number Nine, One, One (911) permanently active to assist the population that requires immediate assistance.
The Secretariat of State in the Office of Health (SESAL) is instructed to coordinate with the Health Sector Organizations and with the Secretariat of State in the Office of Finance (SEFIN), to implement the necessary actions in order to guarantee the health of the affected population, through the provision of services and timely attention to the same.
The Secretariat of State in the Office of Interior, Justice and Decentralization (SEGOB) is instructed to, in coordination with the Secretariat of State in the Office of Risk Management and National Contingencies (COPECO), provide follow-up and maintain active and permanent communication with the municipalities of the affected sectors, in order to obtain reports in real time of the damages, and for such purpose shall transmit such information to the institutions responsible for providing the required attention, in accordance with the scope of this Decree.
The contracts executed under the terms of this Decree shall be executed seeking to obtain the most advantageous and quality conditions for the Public Administration and shall be subject to the approval and audit processes established by the Constitution and the Laws of the Republic, and shall be notified to the Superior Audit Court (TSC). All institutions that perform direct contracting under the terms of this Decree shall present a General Report (which shall include an Accounting Audit) to the Superior Audit Court (TSC), and shall send a copy thereof to the Presidency of the Republic, within a period not exceeding THIRTY (30) days following the end of the emergency period.
This Executive Decree is effective immediately and shall be published in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, on the twenty-fourth (24) day of the month of November of the year two thousand twenty-three (2023).
Related laws
- Decreto Ejecutivo No. PCM-50-2023 — Declaración de Estado de Emergencia por fenómenos climatológicos (Decree PCM-50-2023, 2023)
- Executive Agreement No. 232-2023 by which a Substitute Member of the Board of Directors of the National Investment Council is Appointed — This agreement authorizes transferring 150 million lempiras to SANAA to pay salaries and operating expenses from August to December 2023, generated by court-ordered garnishments. It affects SANAA employees and allows the institution to continue operating while facing accumulated labor debts.
- Decreto Legislativo mediante el cual se autoriza la adquisición de inmuebles para la construcción de hospitales de Traumatología, Ocotepeque y Santa Bárbara
- Resolución No. CREE-50-2023 — Nombramiento de cargos del Directorio de Comisionados CREE (Decree CREE-50-2023, 2023)
- Acuerdo No. 337-2023 — Delegación funcional de facultades a Sergio Mauricio Enamorado Martínez — This agreement temporarily delegates to citizen Sergio Mauricio Enamorado Martínez the powers of ARSA's President Commissioner to sign certificates, licenses, registrations, and documents related to controlled substances for three specific days (May 24-26, 2023). It allows ARSA to continue operating when the main commissioner is absent. (Decree 337-2023, 2023)