PCM-103-2021
Poder Ejecutivo
- Decree: PCM-103-2021
- Published: October 1, 2021
- Issuing body: Poder Ejecutivo
- Gazette: 35,734
- Category: Financial & Tax
Summary
This decree creates the 'Relief Bonus for Vulnerable Families' program that delivers L 7,000 to a maximum of 234,579 extremely poor households located in areas affected by natural disasters. The program, funded with US$ 70 million from BCIE and executed by the Secretariat of Social Development and Inclusion, aims to help the most vulnerable families restart their economy and improve their quality of life.
Considerations
Whereas the Constitution of the Republic in its Article 59 establishes that: "The human person is the supreme purpose of society and of the State. All have the obligation to respect and protect it…"
Whereas in accordance with Article 245, numerals 2, 11, 19, 20 and 45 of the Constitution of the Republic, the President of the Republic is in charge of the General Administration of the State, being among other of his Attributes: To direct the General Policy of the State and represent it; to issue Agreements, Decrees and to enact Regulations and Resolutions in accordance with the Law; to administer Public Treasury; to dictate extraordinary measures in economic and financial matters when the national interest so requires, having to report to the National Congress; and, the others that the Constitution and the Laws confer upon him.
Whereas according to 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 Ministers.
Whereas the General Law of Public Administration as amended by Legislative Decree No. 266-2013, establishes in one of its parts: "Article 28. The Secretariats of State are organs of the General Administration of the Country, and depend directly on the President of the Republic…" and the "Article 29. For the General Administration of the Country that the Constitution of the Republic confers on the Executive Branch, the Secretariats of State shall have the following competencies … 4) Development and Social Inclusion: That which concerns the formulation, coordination, execution and evaluation of public policies in matters of development and social inclusion, poverty reduction; as well as the planning, administration and execution of programs and projects that derive from these policies and those aimed at vulnerable groups and those oriented toward children, youth, indigenous peoples and Afro-Hondurans, disabled persons and persons with special needs, and older adults". Likewise, it is responsible for ensuring the proper execution and transparency of social programs under its jurisdiction, the positioning of public policies and the formation of the Social Protection Network and is the State Institution that governs social policies, coordinator of programs and projects aimed at poverty reduction, inclusion and comprehensive human development of the most vulnerable sectors of the population, in conditions of risk and in social exclusion, creating conditions for a better life.
Whereas through Legislative Decree No. 38-2011, published on June 13, 2013 in the Official Gazette "La Gaceta", Edition No. 33,149, the Framework Law on Public Policies in Social Matters was decreed, which establishes in its Article 1: "PURPOSE. The purpose of this Law is to create the legal framework for public policies in social matters, within the framework of the Country Vision and National Plan, as well as institutional competencies to regulate, govern and coordinate actions aimed at transforming human, socio-cultural and material conditions, with emphasis on the population in conditions of poverty and vulnerable groups; in accordance with the principles established in this Law, in consonance with the strategies established for this purpose by the State or by International Treaties and Conventions ratified by Honduras."
Whereas through Executive Decree Number PCM-005-2020, published in the Official Gazette "La Gaceta" Edition No. 35,171 of February 10, 2020; Executive Decree Number PCM-016-2020, published in the Official Gazette "La Gaceta" Edition No. 35,123 of March 6, 2020; Executive Decree Number PCM-023-2020, published in the Official Gazette "La Gaceta" Edition No. 35,206 of March 21, 2020; and its amendments; and, Legislative Decree No. 31-2020, published in the Official Gazette "La Gaceta" Edition No. 35,199 of March 13, 2020; a HUMANITARIAN AND HEALTH EMERGENCY STATUS was declared throughout the national territory, due to Coronavirus (COVID-19).
Whereas the President of the Republic in Council of State Secretaries approved Executive Decree Number PCM-109-2020, published in the Official Gazette "La Gaceta" dated November 2, 2020 Edition No. 35,417, amended through Executive Decrees Numbers: PCM-112-2020, PCM-115-2020 and PCM-116-2020, declared a state of emergency at the national level due to the effects of heavy rains caused by Tropical Storms "ETA" and other climate phenomena that cause damage to the productive infrastructure of the Country at the national level. Through Executive Decree Number PCM-120-2020, published in the Official Gazette "La Gaceta" dated December 1, 2020 No. 35,446, a situation of national public calamity was declared, due to the state of emergency in the Country, by virtue of the destructive effects caused by the passage of Tropical Storms "ETA" and "IOTA", added to the health and humanitarian crisis caused by the Covid-19 Virus.
Articles
The "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change" is hereby established, which shall be incorporated into the Better Life Platform, with the purpose of having a support mechanism for participants from vulnerable sectors as an aid to the economic reactivation of families, in order to improve their income and quality of life; as well as to encourage local economic activity in the territories to which this Bonus is directed.
The "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change" has as its goal to serve up to a maximum of Two Hundred Thirty-Four Thousand Five Hundred Seventy-Nine (234,579) selected households, with a single total monetary transfer of Seven Thousand Lempiras (L 7,000.00) Exact per participant.
The approximate total investment is up to Seventy Million Dollars of the United States of America (US$ 70,000,000.00), equivalent in national currency, which shall be executed with financing funds granted by the Central American Bank for Economic Integration (BCIE) through Loan Contract No. 2282.
The "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change" shall be executed through the Secretariat of State in the Offices of Development and Social Inclusion (SEDIS), which in order to carry out the operation, shall prepare the pertinent Operational Manual, specifying the responsibilities of each of the entities that participate and operational guidelines such as the identification of eligible households, household selection, delivery of the benefit and geographical selection for transparency in the use of resources.
The Secretariat of State in the Offices of Development and Social Inclusion (SEDIS) must perform the following:
- a)
Form a Strategic Steering Committee;
- b)
In conjunction with the National Center for Information on the Social Sector (CENISS), must identify on an individual basis the households that will be served with the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change";
- c)
Organize, accompany and supervise the operational procedures for delivery (payment) of the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change";
- d)
Transfer to the paying entity Honduran Bank for Production and Housing (BANHPROVI), in accordance with the payment roster the financial resources for the delivery of the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change";
- e)
Carry out the corresponding liquidation of funds for each of the deliveries of the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change", accompanied by all supporting documentation; and,
- f)
Organize and manage external oversight to ensure transparency in all stages of the process.
The Strategic Steering Committee is responsible for establishing norms, regulating, monitoring and improving operational effectiveness and shall be composed of:
- a)
The Secretariat of State in the Offices of Development and Social Inclusion (SEDIS) through the Under-Secretariat for Social Integration/Family Assistance Program (SSIS/PRAF), which shall preside over it;
- b)
The National Center for Information on the Social Sector (CENISS), which shall be responsible for providing the results of the targeting model and the technical instruments for information gathering through the Single Socioeconomic Form (FSU), in its different information gathering mechanisms; such as the household survey method and self-registration, together with the poverty threshold of potential program participants, responsible for the management and administration of the Single Registry of Participants (RUP); and,
- c)
The Secretariat of State in the Office of Finance, is responsible for channeling the financial resources budgeted for the execution of the Program to the Secretariat of Development and Social Inclusion (SEDIS) / Under-Secretariat for Social Integration (SSIS);
- d)
Secretariat of State for General Government Coordination (SCGG), whose responsibilities are framed in supporting coordination for the update of the Comprehensive Better Life Strategy (EIVM); advising the supervision of the strategy for poverty measurement and service targeting; promoting the interoperability of databases and information systems necessary for the execution of the Comprehensive Better Life Strategy (EIVM) in general; supporting the monitoring of the execution of EIVM components, and dialoging with senior authorities to ensure budget mobilization to implement the EIVM.
The Secretariat of State in the Office of Transparency shall accompany the entire process of materialization of delivery of said Bonus, as observers so that all information is made known to the population, through the respective transparency portals.
The Secretariat of State in the Offices of Development and Social Inclusion (SEDIS) shall determine the processes for the identification, selection and delivery of the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change" to affected households using the necessary institutional coordination mechanisms, as well as the mechanisms defined with the financing entity to ensure transparency in the use of resources and allow verification of the achievement of expected results.
For geographical selection, the most affected areas in the Country shall be identified in accordance with the procedures and instruments specified in the Operational Manual of the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change".
Eligible households are considered those that live in extreme monetary poverty, that reside in areas identified with climate impact and risk, whether in the urban or rural zone of the Country and that are not participants of the Better Life Bonus, nor any other monetary compensation, in accordance with the parameters defined in the Operational Manual. To identify households that meet the criterion of extreme monetary poverty, the "Targeting Algorithm for Individual Identification of Households Participating in Social Programs of the Government of Honduras" approved pursuant to Ministerial Agreement No. 468-2018 shall be used. For this identification, households existing in the Single Registry of Participants that have data from the most recent Single Socioeconomic Form shall be used. Additionally, the demand for the benefit shall be permitted through self-registration.
The Means and Forms of Delivery of Transfers (Payment); shall be transferred to participating households, through a single direct delivery to the head of the participating household using payment mechanisms with current financial technology in the market. For the foregoing, a convention shall be formalized with the Honduran Bank for Production and Housing (BANHPROVI), as sub-executor for the channeling of resources to the final beneficiary. The delivery of the Bonus shall be made through the payment channels network of the Honduran Bank for Production and Housing (BANHPROVI), being obligated to require the beneficiary to present identification documentation permitted by the National Commission for Banks and Insurance (CNBS), receipt and commitment to use the Bonus in accordance with the guidelines established in the Operational Manual. The benefit shall be delivered directly to the Head of the participating household, in accordance with what is established in the agreement signed with the Honduran Bank for Production and Housing (BANHPROVI). The Under-Secretariat for Social Integration (SSIS), through its local, departmental, regional and national personnel, shall inform the heads of households of the date, location and hours of the payment points for the delivery of transfers, with at least three (03) days in advance; whenever possible.
For the purpose of optimizing resources and avoiding duplication of benefits, the Secretariat of State in the Offices of Development and Social Inclusion (SEDIS) is hereby authorized to disable households that do not comply with what is established in Article 10 of this Decree regarding the "Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change".
Complaints, reports and inquiries linked to the operation of this benefit shall be channeled through regional, departmental or municipal entities and the Unit for Participant Queries and Assistance (UCAP) of the Conditional Monetary Transfer Program "Better Life Bonus" (SEDIS), Citizen Assistance Mechanism of the National Center for Social Information (CENISS) through line 105; and may also be received by telephone from line 130 of the Secretariat of Transparency (SEDIS Listens).
Members of selected households shall provide all collaboration and information requested in order to promote and guarantee proper conduct of audits and social oversight.
It is the responsibility of the Strategic Steering Committee to issue directives to maintain transparency and accountability with strict adherence to operational guidelines and all applicable current legislation and in accordance with what is contained in Loan Contract No. 2282, executed between the Government of the Republic of Honduras and the Central American Bank for Economic Integration (BCIE); as well as the publication of results achieved.
The Secretaría de Estado en el Despacho de Finanzas (SEFIN) is instructed to, within the framework of the Loan Contract aforementioned, make the budgetary allocation in the General Budget of Income and Expenses of the Republic to the Secretaría de Estado en los Despachos de Desarrollo e Inclusión Social (SEDIS), with the purpose that the resources granted by the BCIE be allocated to finance the execution of the Relief Bonus for Vulnerable Families Affected by Natural Phenomena Resulting from Climate Change. The Secretaría de Estado en el Despacho de Finanzas is equally authorized to perform the necessary budgetary operations derived from the application of this Decree.
This Executive Decree enters into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the Hall of the Presidential House, in the City of Tegucigalpa, municipality of the Central District, on the thirtieth (30) day of the month of September of the year two thousand twenty-one (2021). BE IT COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION ABRAHAM ALVARENGA URBINA SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY HECTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION LISANDRO ROSALES BANEGAS SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION MARÍA ANTONIA RIVERA SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF NATIONAL SECURITY FREDY SANTIAGO DÍAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ALBA CONSUELO FLORES SECRETARY OF STATE IN THE OFFICE OF HEALTH ARNALDO BUESO HERNÁNDEZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION OLVIN ANIBAL VILLALOBOS VELÁSQUEZ SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY MAURICIO GUEVARA PINTO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK LILIAM LIZETH RIVERA HIPP SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT LUIS FERNANDO MATA ECHEVERRI SECRETARY OF STATE IN THE OFFICE OF FINANZAS IRIS ROSALIA CRUZ PINEDA SECRETARY OF STATE IN THE OFFICE OF HUMAN RIGHTS ROBERTO ANTONIO ORDOÑEZ WOLFOVICH SECRETARY OF STATE IN THE OFFICE OF ENERGY NICOLE MARRDER AGUILAR SECRETARY OF STATE IN THE OFFICE OF TOURISM RUBÉN DARIO ESPINOZA OLIVERA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) MÁX ALEJANDRO GONZALES SABILLON SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY
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