Executive Decree PCM-111-2020 by which the Secretariat of State in the Office of Transparency (SDT) is created

Create the State Secretariat for the Office of Transparency (SDT), which shall be the leading institution responsible for coordinating, facilitating, promoting, and institutionalizing the proper implementation of the National Policy on Transparency, Integrity, Probity, and Prevention of Corruption and the Strategy on Transparency and Anti-Corruption. This Secretariat shall issue general guidelines on transparency and accountability, whose compliance by public sector institutions shall be mandatory.

The State Secretariat for the Office of Transparency (SDT) shall be responsible for assisting the President of the Republic regarding the formulation, promotion, coordination, execution, and evaluation of strategies and Public Policies related to Transparency, Prevention and Fight Against Corruption, and coordinating their effective implementation. This Secretariat shall have the following functions:

• 1)

  To advise and assist the President and his Cabinet in the formulation of Public Policies on Transparency, Prevention and Fight Against Corruption, Digital Government and Modernization of the State, and coordinate their implementation;

• 2)

  To coordinate with competent entities in the matter the implementation of the Open State Policy at the national and municipal level, framed within the Constitution, current laws, and the National Policy on Transparency;

• 3)

  To monitor the implementation of the recommendations of the Inter-American Convention against Corruption (CICC) and its Follow-up Mechanism to the Inter-American Convention against Corruption (MESICIC), the United Nations Convention against Corruption (UNCAC), and also to serve as Country representative in international spaces promoting transparency and fighting corruption;

• 4)

  To coordinate the implementation of commitments acquired by the Country through international instruments for prevention and fight against corruption, especially international initiatives of the OPEN GOVERNMENT ALLIANCE HONDURAS (AGAH), Infrastructure Transparency Initiative in HONDURAS (COST), and the INITIATIVE FOR TRANSPARENCY IN THE EXTRACTIVE INDUSTRIES EITI, Collaboration Agreement between the Government of the Republic of Honduras and Transparency International;

• 5)

  To design, coordinate, and implement directives, mechanisms, and preventive tools for institutional strengthening, citizen participation, social control, accountability, access to information, culture of integrity and transparency, in coordination with competent entities in the matter;

• 6)

  To advise the President in the formulation and application of policies, strategies, and implementation of transparency indicators of Public Administration institutions, in coordination with state entities whose functions relate to the subject and especially permanent strategic coordination with the State Secretariat for the Office of General Coordination of Government and State Secretariat for the Office of Finance;

• 7)

  To implement a National Index on Transparency in the Country and facilitate strategic alliances with Academia for the establishment of the National Observatory for Transparency;

• 8)

  To advise the President on the coordination and implementation of mechanisms to promote accountability by Public Administration institutions and public officials;

• 9)

  To advise the President on the implementation of mechanisms to promote citizen participation;

• 10)

  To promote and participate in the inter-institutional coordination of the different branches of public power and national and municipal control bodies for the execution of the Policy on Transparency, Integrity, and Fight Against Corruption;

• 11)

  To define and promote strategic actions between the Public Sector and the Private Sector that guarantee transparency and prevention of corruption;

• 12)

  To request from different officials of state institutions and authorities the information required for the fulfillment of its functions;

• 13)

  To strengthen, make more efficient, and establish adequate coordination of internal controls and the implementation of mandatory systems;

• 14)

  To promote the use by state institutions of computer technology to simplify Government, bring it closer to citizens, and make it more open;

• 15)

  To promote prevention, strengthen internal control as an integral part in Government institutions, and prevention of conflicts of interest in public officials; and, 16. Any other functions assigned to it according to the nature of the office.

The State Secretariat for the Office of Transparency (SDT) shall implement the National Transparency System, through which citizens may submit complaints for alleged acts of corruption. The complainant may submit complaints through the platform (Presidential Program Line 130) or through designated email addresses. In-person modality shall also be permitted at the Secretariat, ensuring in all cases the confidentiality of the complainant. Once the complaint is filed with registration in the system and assigned case number, it shall be transferred to the Management and Analysis Bureau attached to the State Secretariat for the Office of Transparency (SDT) for corresponding processing. This Bureau shall issue a Report of findings and may also, if applicable, dismiss the complaint. In case of finding a violation of current regulations in the country, the State Secretariat for the Office of Transparency (SDT) shall transfer this report to the oversight and investigation bodies of the Country so that they may initiate the corresponding legal proceedings.

This State Secretariat for the dispatch of matters within its competence shall be assisted by two (2) Deputy Secretaries, who shall collaborate with the State Secretary in the formulation of Policy and Action Plans of the Secretariat, as well as in the formulation, coordination, supervision, and control of its activities; and any other matters assigned by the State Secretary. The State Secretariat for the Office of Transparency (SDT) shall have the following internal organization:

• 1)

  The Office of the State Secretary;

• 2)

  The Deputy Secretaries of State;

• 3)

  The General Secretariat;

• 4)

  Support Units; and, 5. Internal Audit.

Create the Presidential Office of Prevention and Transparency of the State, which shall be attached to the State Secretariat for the Office of Transparency (SDT). The Presidential Office of Prevention and Transparency of the State shall have the following units: A. Transparency and Accountability: Responsible for coordinating, supervising, monitoring, and executing, jointly with competent institutions, actions aimed at making public management transparent in institutions of the Executive Branch; coordinating and monitoring, among others, international initiatives promoting transparency, UNCAC, Open Government Plan AGAH, EITI, COST, as well as compliance with the Code of Ethical Conduct of Public Servants and Government programs in this matter. Within this Division shall operate the Public Information Officer of the Transparency Secretariat. B. Presidential Program Your Voice SI Counts (Line 130): Seeks to direct the efforts of State institutions that guarantee transparency in all and each one of the actions of public servants and regulate the conduct of those seeking a response from the public employee, thereby guaranteeing the practice and compliance with the Code of Ethics of Public Servants and creating a new culture of citizen reporting. C. National Office for Comprehensive Development of Internal Control (ONADICI): The specialized technical body of the Executive Branch whose purpose is to reasonably ensure the effectiveness of the institutional internal control process, in pursuit of management of public resources that is effective, efficient, responsible, and transparent.

Create the Presidential Office of Management and Analysis, which shall be attached to the State Secretariat for the Office of Transparency (SDT). The Presidential Office of Management and Analysis shall have the following units attached: A. Analysis Unit: The technical unit responsible for attending to citizen complaints, information collection, application of technical, financial, and legal analysis as appropriate, in order to provide a response to the citizen, shall develop technical guidelines and the analysis process for types of complaints, shall prepare findings reports with the necessary support to estimate or dismiss the complaint, and make the transfer to the corresponding authorities. B. Follow-up Unit: The technical unit responsible for providing monitoring, evaluation, control, and recommendations on complaint processes until their termination, as well as monitoring compliance with obligations assumed by Honduras through various international or multiparty instruments.

Create the Presidential Office of Digital Government, which shall be attached to the State Secretariat for the Office of Transparency (SDT). Its director shall hold the rank of Deputy Secretary of State. The Presidential Office of Digital Government shall have the following units attached: A. Unit of Simplification and Digital Government: Responsible for designing policies and plans and supporting the execution of measures for process simplification, as well as coordinating with institutions of the Executive Branch the digital government policies aimed at a simple, small, efficient, and transparent Public Administration, and shall coordinate simplification initiatives promoted by Sector Cabinets and monitor the execution of programs within its competence, such as coordinating the execution of the Digital Government Master Plan and managing citizen service processes through the operation of the National System of Procedures (SINTRA). A. Unit of Public Innovation: Responsible for developing, promoting, coordinating, and ensuring compliance with policies for public innovation emanating from this Office with different State institutions that lead to the prioritization of creating novel processes and alternative electronic channels that allow citizens to access services provided by the Government of the Republic. This Office is responsible for ensuring compliance with the Electronic Government Regulations and other necessary regulations to make Electronic Government effective.

The School of High Public Management (EAGP) is attached as a deconcentrated body of the State Secretariat for the Office of Transparency (SDT), with administrative and financial independence, which has as its general objective improving public management of High Government Management (AG). The President of the Board of Directors shall be in charge of the State Secretariat for the Office of Transparency (SDT).

The State Secretariat for the Office of Transparency (SDT) shall provide the support and coordination required by the Institute for Access to Public Information (IAIP) in order to assist in guaranteeing the effective exercise of the right of access to Information by citizens and compliance by obligated institutions to provide public information and provide accompaniment in ensuring the correct application of the Law. The State Secretariat for the Office of Transparency (SDT) shall work in a coordinated manner and provide support to superior oversight and investigation bodies; the Court of Accounts, the Attorney General of the Republic, and the Public Ministry, in order to assist in guaranteeing compliance with current regulations on prevention, transparency, and fight against corruption and with the effective development of a National System of Integrity, formally and functionally articulated and coordinated, with participation of Civil Society.

Create the National Council on Transparency and Accountability (CNT), which is established as a permanent instance of dialogue between Government, Civil Society, the Private Sector, and Academia for the effective conduct of the process of formulation, implementation, monitoring, and follow-up of the National Policy on Transparency, Integrity, Probity, and Prevention of Corruption, under the principles of open state; transparency, citizen participation, accountability, and innovation and technology. The State Secretary for the Office of Transparency shall serve as Technical Secretary of the National Council on Transparency and Accountability, who shall ensure the coordination and articulation of entities related to achieving the objective for which this instance was created. The objective of the National Council on Transparency and Accountability is to facilitate the space and achieve a coordination effort among national and municipal authorities and different sectors of society to combat corruption, increase transparency, and strengthen citizen confidence in public institutions. Matters not provided for in this Article regarding the operation of the National Council on Transparency and Accountability (CNT) shall be regulated through operating rules issued for that purpose.

The administrative structures, personnel, budget, property, and materials assigned to the Presidential Office of Transparency, Modernization and Digital Government, attached to the State Secretariat for the Office of General Coordination of Government, its divisions and offices: National Office for Comprehensive Development of Internal Control (ONADICI), Transparency and Accountability, Modernization, Digital Government; the Presidential Program Your Voice SI Counts (Line 130); and the School of High Public Management; as well as the administrative structures, personnel, budget, property, and materials assigned to the current Presidential Office of Public Innovation, necessary to guarantee the best performance and efficient compliance of this State Secretariat and the national commission on transparency and citizen participation, must be transferred to the Transparency Secretariat. Financing for the labor liabilities of human resources that do not result in positive evaluation or whose services are not required by the new institutional structure shall be covered by the budgetary allocations of the Secretariat for General Coordination of Government and the Secretariat of Finance, as applicable. Personnel of the Presidential Office of Transparency, Modernization and Digital Government who are under contract modality and who result in positive evaluation and whose services are required in the new structure shall be covered by the budgetary allocations of the Secretariat for General Coordination of Government and the Secretariat of Finance as applicable, until the SDT is properly operating with its own budget.

Instruct the State Secretariat for the Office of Finance to identify and make viable funds to be assigned to the State Secretariat for the Office of Transparency, including it in the budget of the Presidency of the Republic annually beginning from Fiscal Year 2020.

Reform Article 1 of Executive Decree number PCM 076-2020 which shall read as follows: "Article 1: Create the Public Management Office, dependent on the Presidency of the Republic. This office shall have among its attributes:

• a)

  To monitor the strategies, goals, objectives, and action plans of that State body;

• b)

  To provide recommendations for the development and compliance with said strategies and goals of the Presidency of the Republic;

• c)

  To hold meetings with different bodies and entities of the Public Administration;

• d)

  To support the Office of Communication and Strategy in policies and activities related to communications;

• e)

  The application, compliance, monitoring, and evaluation of actions aimed at directing Honduras among countries with a plan and agenda for digital, technological development and innovation of policies that facilitate public administration and the relationship between citizens and the State;

• f)

  To conduct and present reports on its management to the Office on which it depends; and,

• g)

  Any other matters assigned by the Office of Presidential Priorities and Public Innovation that the Presidency of the Republic entrusts to it. The President grants to the person in charge of the Public Management Office the rank of State Secretary."

Repeal Articles 2 and 3 of Executive Decree number PCM-044-2020 and reform Article 4 of the same, which shall read as follows: "Article 4: The Presidency of the Republic must reprogram the Budget approved in Fiscal Year 2020, as well as subsequent Fiscal Years, resources that shall be assigned for the operation of the Public Management Office. In case additional funds are required, the budget with the activity plan with measurable objectives and impact on modernization and reform of the State must be presented to the State Secretariat for the Office of Finance, and that in turn lead to compliance with what is established in this Decree. The foregoing within the framework of Budget Discipline and the application of Executive Decree number PCM-020-2020. Likewise, human resources, furniture, equipment, materials, and technological platforms that have been used for the operation of the Office of Compliance with Presidential Matters shall become part of the Public Management Office.

Repeal Article 3 and subsection 3 of Article 4 of Executive Decree Number 002-2014, published in the Official Gazette "La Gaceta" on February 28, 2014, reformed by Executive Decree Number PCM-009-2018, published in the Official Gazette "La Gaceta" on March 23, 2018 and by Executive Decree Number PCM-025-2018, published in the Official Gazette "La Gaceta" on July 25, 2018. Likewise, repeal subsection 4 of Article 1 of Executive Decree Number PCM-009-2018, published in the Official Gazette "La Gaceta" on March 23, 2018 and by Executive Decree Number PCM-025-2018 of June 25, 2018. Repeal Articles 2 and 3 and reform Article 4 of Executive Decree Number PCM 044-2020, published in the Official Gazette "La Gaceta" on May 19, 2020 and Reform Article 1 of PCM-076-2020 dated August 7, 2020, published in the Official Gazette "La Gaceta" on August 7, 2020.

This Executive Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given at the Presidential House, in the city of Tegucigalpa, municipality of the Central District, on the third (3) day of the month of November of the year two thousand twenty (2020). BE 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 EBAL JAIR DÍAZ LUPIAN 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 DIAZ 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 ELVIS YOVANNI RODAS FLORES SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT MARCO ANTONIO MIDENCE MILLA SECRETARY OF STATE IN THE OFFICE OF FINANCE KARLA EUGENIA CUEVA AGUILAR 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 NELSÓN JAVIER MARQUEZ EUCEDA SECRETARY OF STATE IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS) MAX ALEJANDRO GONZALES SABILLON SECRETARIAT OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES