Executive Decree PCM-120-2020 through which a situation of national public calamity is declared due to the state of emergency in the country
Poder Ejecutivo
- Decree: PCM-120-2020
- Published: December 1, 2020
- Issuing body: Poder Ejecutivo
- Gazette: 35,446
- Category: Administrative
Summary
This decree declares a national public calamity due to damage from tropical storms ETA and IOTA and the COVID-19 crisis. It authorizes the military and police to evacuate people at risk, reduces tariffs to zero for importing basic grains, and orders public institutions to prioritize assistance to displaced persons and vulnerable groups.
Considerations
That in accordance with Article 245, numerals 2, 11, 19 and 45 of the Constitution of the Republic, it falls to the President of the Republic among other powers, to direct the General Policy of the State and represent it; to issue Agreements and Decrees and to issue Regulations and Resolutions in accordance with the Law; to administer Public Finance; and, the others conferred upon him by the Constitution and the Laws.
That the General Law of Public Administration in its Article 11 establishes that, the President of the Republic has under his charge 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.
That the human person is the supreme purpose of society and the State and in that sense the necessary provisions must be issued and actions executed to protect him and protect his assets, as well as the infrastructure works that connect the population centers throughout the country.
That by means of Executive Decree Number PCM-005-2020, published in the Official Journal "La Gaceta" on February 10, 2020, amended by Executive Decrees Numbers: PCM-016-2020 and PCM-023-2020, a STATE OF HUMANITARIAN AND HEALTH EMERGENCY was declared throughout the national territory, with the purpose of continuing and strengthening prevention and control actions and guaranteeing care for people suffering from dengue; likewise strengthening surveillance, prevention, control actions and guaranteeing care for people in the face of the current occurrence of coronavirus infection (COVID-19). The Declaration of Emergency referred to in this Executive Decree shall be in effect until December 31 of the year 2020, which may be extended.
That due to the passage of Tropical Storms "ETA" and "IOTA" caused enormous damage to the country's road and productive infrastructure, resulting in a new humanitarian crisis, declaring a State of Emergency at the National Level by means of Executive Decree Number PCM-109-2020, published in the Official Journal "La Gaceta" on November 2 of the year 2020, amended by means of Executive Decrees Numbers: PCM-112-2020, PCM 115-2020 and PCM 116-2020.
That the hurricane season during the year 2020 has been one of the most active in history, to which must be added that the Central American region is undoubtedly one of the most vulnerable regarding climate change, so its adverse effects are considerable: Human displacements caused by food insecurity, extreme and prolonged droughts, floods, forest fires, reduction in agricultural yield, loss of market and the decline in the value of traditional exports, the decrease in the production of national food and the increase in imports, difficulties associated with attracting direct foreign investment and tourism, coral reefs and mangroves deteriorated by the increase in sea surface temperatures and ocean acidification, as well as the rise in sea level, unemployment, poverty and environmental degradation, among others.
That to the destructive effects of natural phenomena we must add the Health and Humanitarian crisis caused by the Covid-19 virus; so the country is immersed in a state of public calamity.
That calamity is defined as national misfortune, disgrace or harm that affects many, caused by alteration of natural phenomena or agents of another order, which requires the immediate intervention of the State.
That, in accordance with Article 42 of the Law of the National Risk Management System, the National Commissioner may request by any means at his disposal from the Executive to declare the corresponding emergency, disaster or calamity.
That the resolution adopted by the Executive, declaring the emergency, disaster or calamity shall contain: 1. The delimitation of the affected or threatened zone or zones; 2. The determination of the sources and amount of financial resources to be used; 3. Mandatory provisions and other measures deemed necessary; 4. The length of time that the special measures will last; and, 5. Once the emergency is declared and the evacuation of persons in sites that are considered high risk, civil and military authorities shall be empowered to carry out mandatory evacuations in order to safeguard human lives.
That according to the State Contracting Law in Article 9, the declaration of a state of emergency shall be made by Decree of the President of the Republic in Council of Ministers, when emergency situations occur caused by natural disasters, epidemics, public calamity, defense needs or related to states of exception, or other exceptional circumstances that substantially affect the continuity or timely and efficient provision of public services.
That in the face of the crisis caused by national emergencies, it is necessary to carry out the appropriate measures to obtain aid from friendly countries and international organizations, as well as to avail itself of the different international treaties for the benefit of the population.
That to guarantee the supply of basic grains during the emergency period due to the impact of Tropical Storms "ETA" and "IOTA", the creation of tariff contingents for a defined volume of imports is required.
Articles
Declare a situation of national public calamity 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 sanitary and humanitarian crisis caused by the Covid-19 Virus.
The Armed Forces of Honduras and the National Police must continue, as they have done, protecting disaster zones, the security of persons and property of internally displaced persons. Likewise, they are empowered to carry out the displacement of affected persons, when their safety and health require their evacuation. The displacement shall not be carried out in a manner that violates the rights to life, dignity, freedom and security of those affected.
The authorities responsible for the displacement shall ensure to the greatest extent possible, that adequate housing is provided to displaced persons, that the displacement is carried out under satisfactory conditions of security, food, health and hygiene and that members of the same family are not separated.
The institutions responsible for providing and distributing humanitarian assistance to internally displaced persons shall provide it with the principles of humanity and impartiality and without any discrimination.
The Secretariats of State and Decentralized Institutions in their area of competence shall immediately prioritize the execution of plans, programs and projects related to addressing the situation of national public calamity. In said plans, programs and projects they shall prioritize attention to internally displaced sick or injured persons, those who suffer disabilities, as well as other groups in situations of vulnerability; special attention shall be paid to the health needs of women, including their access to medical care services, in particular reproductive health services and proper counseling for victims of sexual and other abuse. Additionally, special attention shall be paid to the prevention of contagious and infectious diseases, including AIDS, among internally displaced persons.
Create tariff contingencies consisting of granting a tariff right of ZERO PERCENT (0%) to the importation of grains from the basic basket, in order to guarantee their supply in the Country. For the determination of the quantities to be imported, the Secretariat of State in the Offices of Agriculture and Livestock (SAG) must conduct an analysis of national production and the impact from the recent tropical storms "ETA" and "IOTA"; likewise it shall issue the Ministerial Agreements by which the aforementioned right shall be granted and shall notify the corresponding authorities of their issuance. The Secretariat of State in the Office of Economic Development, in accordance with the Ministerial Agreements signed by the Secretariat of State in the Offices of Agriculture and Livestock (SAG), shall issue the tariff contingency certificates, which shall be notified electronically to the Customs Administration of Honduras. The rights granted through the aforementioned import resolutions are non-transferable, nominative, shall not constitute a negotiable instrument and may not be endorsed or assigned.
The Secretariat of Foreign Affairs and International Cooperation is instructed to request from friendly countries and International Organizations their accompaniment and their contribution in the conception, execution and financing of plans to address the COVID-19 crisis and for the recovery of the social and productive sector of the Country, in view of the impact from the recent Tropical Storms "ETA" and "IOTA".
The Court of Accounts is urged to appoint Special Commissions in charge of overseeing the humanitarian aid and assistance received from the National and International Community.
Report within the period of twenty-four (24) hours to the National Congress, due to the magnitude of the disasters caused by natural phenomena so that it may take the pertinent measures within the sphere of its competence, being all those necessary to contribute to addressing the situation.
This Executive Decree enters into force as of the day 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 twenty-sixth (26) 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 SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES MARIA ANDREA MATAMOROS SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY
Related laws
- Legislative Decree 373-2013 authorizing the Trust for Energy Generation through Public-Private Partnership — Legislative Decree 373-2013 authorizes a trust agreement between Honduras' state electric company (ENEE) and Banco Atlántida to promote electricity generation projects through public-private partnerships. It enables the design, financing, construction, and operation of power plants using natural gas or other energy sources, allowing private investors to participate in these national energy infrastructure projects. (Decree 373-2013, 2021)
- Executive Decree PCM-120-2020 by which a State of Public Calamity is declared throughout the national territory — This decree declares a state of national public disaster due to damage caused by tropical storms ETA and IOTA and the COVID-19 health crisis. It authorizes authorities to evacuate people at risk, create tariff contingencies without taxes for importing basic grains, and coordinates humanitarian assistance while respecting human rights. (Decree 120-2020, 2020)
- Decree Number 21-2021 by which the Executive Decree Number PCM-137-2020 is ratified in all and each of its parts — This decree ratifies all constitutional restrictions from Executive Decree PCM-137-2020 to contain the COVID-19 pandemic. It affects all Honduran citizens through temporary limitations on rights such as movement and assembly, with the purpose of preventing contagion and protecting the population's lives. (Decree 21-2021, 2020)
- Decreto Ejecutivo No. PCM-133-2020 — Reforma al Decreto Ejecutivo PCM-088-2018 sobre extensión y reprogramación de plazos del Programa de Apoyo Financiero al Desarrollador de Vivienda (AFD) — This decree adjusts the pricing system for petroleum-derived fuels in Honduras, authorizing the Energy Ministry to review and modify price-setting variables. It aims to stabilize competitive prices and reduce the economic impact on vulnerable consumers affected by the COVID-19 pandemic and tropical storms in 2020. (Decree PCM-133-2020, 2021)
- Executive Decree PCM-099-2021 by which the State Secretariat in the Office of Infrastructure and Public Services is instructed for the repair of the airfield pavements of Toncontín Airport — This decree orders the Infrastructure Ministry to urgently repair pavements, lighting, and signage at Toncontín Airport to ensure flight safety. It simultaneously authorizes the transition of operations to Palmerola Airport and the acquisition of specialized equipment needed for both airports. (Decree 71-2016, 2021)