Executive Decree PCM-113-2020 creating the "OPERATION HONDURAS FORCE II" for the care of the population affected by Tropical Storm ETA
Poder Ejecutivo
- Decree: PCM-113-2020
- Published: November 7, 2020
- Issuing body: Poder Ejecutivo
- Gazette: 35,422
- Category: Administrative
Summary
This decree creates the "Fuerza Honduras II" operation to help people affected by Tropical Storm ETA. The central government transfers emergency funds to municipalities to assist shelter occupants, repair damaged homes and roads. Municipalities must use these resources transparently, with citizen oversight and public accountability.
Considerations
Whereas the Constitution of the Republic, in its Article 59, establishes that the human person is the supreme purpose of society and the State. Everyone has the obligation to respect and protect it.
Whereas in accordance with Article 245, numerals 2 and 11 of the Constitution of the Republic, it is the responsibility of the President of the Republic, among other attributions, to direct the General Policy of the State and represent it, issue Agreements, Decrees, issue Regulations and Resolutions in accordance with the Law.
Whereas in accordance with what is established in Article 11 of the General Law of Public Administration, the President of the Republic has in his charge 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 Secretaries of State.
Whereas in accordance with what is established in Article 22, numeral 5 of the General Law of Public Administration, as amended by Legislative Decree No. 266-2013, the Council of Secretaries of State has among its attributions the power to enact extraordinary measures in economic and financial matters when so required by the national interest, and must report to the National Congress.
Whereas Municipal Governments, within the framework of the Law of Municipalities and the Law of the National Risk Management System (SINAGER), have organizational mechanisms and municipal decision-making processes for the care of emergencies, called Municipal Emergency Committee (CODEM), responsible for coordinating all actions aimed at the prevention, response and recovery from emergencies or disasters occurring within the municipal territory.
Whereas the President of the Republic in Council of Secretaries of State, by means of Executive Decree Number PCM-109-2020, declared a state of emergency due to the effects of heavy rains from the natural phenomenon "Tropical Storm ETA".
Whereas in Article 1 of the aforementioned Executive Decree, the declaration of emergency was established in the Departments of: Bay Islands, Cortés, Atlántida, Yoro, Colón, Olancho, Gracias a Dios, Santa Bárbara, Comayagua, Francisco Morazán and El Paraíso, and in the Departments where it is necessary to raise the alert level from yellow to red or to declare a red alert, as deemed appropriate, and in those with severe damages categorized by the effects of heavy rains from Hurricane ETA, which will enter the country as Tropical Storm, which has caused accumulated rainfall per day in a range of one hundred (100) and one hundred twenty (120) millimeters, with maximums of one hundred fifty (150) to two hundred (200) millimeters in the mountains of Colón and Atlántida, causing serious damage to road infrastructure and the agricultural sector.
Whereas the National Risk Management System (SINAGER) has issued a Red Alert at the National Level due to the passage of Tropical Storm ETA.
Articles
The operation "FUERZA HONDURAS II" is hereby created, with the purpose of providing assistance to the affected population, as well as for the recovery and rehabilitation of damages caused by Tropical Storm ETA. For the foregoing purposes, the operation "FUERZA HONDURAS II" shall be developed by the Central Government through "Emergency Transfer", via the State Secretariat in the Offices of Governance, Justice and Decentralization, which are allocated exclusively for the assistance of the affected population, as well as for the recovery and rehabilitation of damages caused by Tropical Storm ETA. "Emergency Transfer" is understood as resources granted from the Central level to the Municipal level, which are allocated exclusively for the execution of expenditures to provide assistance to the affected population, as well as for the recovery and rehabilitation of damages caused by Tropical Storm ETA, within the framework of the operation "FUERZA HONDURAS II". Likewise, it is of pressing necessity that Municipal Corporations coordinate efforts and complement the operation "FUERZA HONDURAS II", identifying within their municipal budgets the economic resources to address this Emergency, the foregoing in respect of the municipal autonomy with which they are vested.
The State Secretariat in the Offices of Risk Management and National Contingencies (COPECO), shall be responsible for assessing damages and determining the priorities to be addressed in the municipal emergency based on:
- 1)
Persons who are in shelters for their food and accommodation;
- 2)
The damage caused to persons and the urgent necessity to safeguard their lives;
- 3)
The needs for road rehabilitation according to damages that impede mobility;
- 4)
Damages to housing and communities; and,
- 5)
Other damages detrimental to local life that require economic and social rehabilitation.
According to COPECO's assessment, resources shall be allocated for the rehabilitation and repair of damages to minor infrastructure, such as bridge boxes, fords, rain gutters and other minor permanent works, not exceeding the amount of (FIVE HUNDRED THOUSAND LEMPIRAS EXACTLY (L 500,000.00). The allocation of these resources to Local Governments shall be made on the basis of urgency, priority and equity indicators, prioritizing the protection of human life and groups in vulnerable conditions.
Municipalities within the framework of the Municipal Emergency Committee (CODEM) shall submit to COPECO, the Recovery and Rehabilitation Plans for damages caused by Tropical Storm ETA, together with the Budget Execution Programming. Said Plan must contain as technical support the validation by the Committees, according to the evaluation and prioritization of damages.
Once the Plans to provide assistance to the affected population, as well as recovery and rehabilitation of damages caused by Tropical Storm ETA are received and approved by COPECO, they shall be submitted to the State Secretariat in the Offices of Governance, Justice and Decentralization so that it in turn requests from the State Secretariat in the Office of Finances (SEFIN), the incorporation of these emergency funds.
The State Secretariat in the Offices of Governance, Justice and Decentralization is instructed to, based on Article 5 of this Decree, present the request for resources for the implementation of the Plan for assistance to the affected population, Recovery and Rehabilitation for damages caused by Tropical Storm ETA, as well as the Budget Execution Programming of the operation "FUERZA HONDURAS II" to the State Secretariat in the Office of Finances (SEFIN). Both State Secretariats must coordinate previously, in order to carry out the allocation of resources in accordance with budget availability. For the foregoing, the State Secretariat in the Office of Finances (SEFIN) is instructed to manage, reorient and allocate resources identified among the different Government Institutions, as well as available external resources and those managed through the State Secretariats authorized for such purpose, in order to make the budgetary allocation to the State Secretariat in the Offices of Governance, Justice and Decentralization. The financing required for the operation "FUERZA HONDURAS II" may come from resources authorized and managed through Legislative Decrees numbers: 33-2020 and 92-2020. The State Secretariat in the Office of Finances is equally authorized to carry out the budgetary operations necessary, derived from the application of this Decree.
Once the emergency funds are transferred, to provide assistance to the affected population, such as food and accommodation of sheltered persons, recovery and rehabilitation of damages caused by Tropical Storm ETA, Municipalities shall incorporate them into their budget through a Municipal Corporation agreement recorded in the respective minutes, notify the Municipal Emergency Committee (CODEM) and the social monitors recorded in the minutes that shall be drawn up for such purpose.
The Municipal Emergency Committee (CODEM), the Municipal Corporation and social monitors shall define the list of beneficiaries of resources to act in solidarity in the reconstruction of homes damaged by Tropical Storm ETA, with the support of the necessary graphic and descriptive information already mentioned, through the provision of materials such as sheets, wooden posts, cement and others of smaller scale according to local resource availability, useful for partial construction or repairs of homes (walls, floors, roofs).
Up to ten percent (10%) of the total resources allocated to the Municipality may be used to address mobility problems (vehicle rental), as well as fuel for the transport of persons and materials strictly for emergency assistance, in order to safeguard lives and maintain their security.
Municipalities shall implement social oversight processes, in accordance with the existing mechanisms in each Municipality, with the purpose of ensuring transparent management of resources, such as Citizens' Transparency Commissions (CCT), Municipal Emergency Committee (CODEM), National Convergence Forum (FONAC), municipal audit, churches and other community organizations (community boards and water boards) and civil organizations present in the municipal territory; this being accredited in the corresponding minutes related to the oversight process; in turn, publish the reporting of progress in the execution of these resources through electronic means (social networks, murals, web pages and others) as well as through local media and others to which access is available, and holding open town halls in order to render accounts to the citizenry, with collaboration for dissemination through the communication mechanisms of the Association of Municipalities of Honduras (AMHON).
The settlement must be carried out in accordance with the guidelines that the State Secretariat in the Offices of Governance, Justice and Decentralization shall communicate for this purpose, through the Central Administrative Management with the support of the Unit of Control, Monitoring and Settlement; these guidelines must be of public knowledge, especially to the social monitors.
This Executive Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given at the Presidential House, Tegucigalpa, municipality of the Central District, on the sixth (6th) day of the month of November of the year two thousand twenty (2020). LET IT BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC CARLOS ALBERTO MADERO ERAZO STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION 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 RELATIONS AND INTERNATIONAL COOPERATION ZOILA PATRICIA CRUZ CERRATO 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 OLVIN ANIBAL VILLALOBOS VELÁSQUEZ 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 MARCO ANTONIO MIDENCE MILLA STATE SECRETARY IN THE OFFICE OF FINANCES 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) MAX ALEJANDRO GONZALES SABILLON STATE SECRETARIAT IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES
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