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November 20, 2021In force

PCM-123-2021

Congreso Nacional

  • Decree: PCM-123-2021
  • Published: November 20, 2021
  • Issuing body: Congreso Nacional
  • Gazette: 35,777
  • Category: Environmental

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This law makes the National Climate Change Adaptation Plan an official government tool to protect Honduras from climate change effects. It requires the State to coordinate public and private investments, create adaptation laboratories, monitor projects, and prepare the population in five areas: agriculture, health, infrastructure, biodiversity, and water resources.

Considerations

Whereas, in accordance with Article 145 of the Constitution of the Republic, the right to health protection is recognized, and it is the duty of all to participate in the promotion and preservation of personal and community health. The State shall maintain an adequate environment to protect the health of persons...

Whereas, in accordance with Article 245, numerals 2, 7, 11, and 29 of the Constitution of the Republic, the President of the Republic is responsible for the general administration of the State, and among his other Powers and Duties are: "To direct the General Policy of the State and represent it; to restrict or suspend the exercise of rights, in accordance with the Council of Ministers, subject to what is established in this Constitution; to issue Agreements, Decrees, to issue Regulations and Resolutions in accordance with the Law; and to adopt measures for the promotion, prevention, recovery and rehabilitation of the health of the inhabitants."

Whereas, in accordance with what is established in Article 11 of the General Law of Public Administration, the President of the Republic is responsible for the supreme direction and coordination of the Centralized and Decentralized Public Administration. The President of the Republic, in the exercise of his functions, may act independently or in Council of Ministers.

Whereas, in accordance with Article 22, numeral 9) of the General Law of Public Administration, it is established that among the other Powers and Duties of the Council of State Secretaries, it is responsible for knowing and resolving matters submitted to it by the President of the Republic.

Whereas, the National Congress of Honduras approved, through Legislative Decree No. 26-95, dated July 29, 1995, the United Nations Framework Convention on Climate Change (UNFCCC), whose objective is the stabilization of greenhouse gas concentrations in the atmosphere through measures that prevent or minimize the causes of climate change and mitigate its adverse effects.

Whereas, the Government of the Republic recognizes that it must contribute to and mitigate through direct actions the effects of natural disasters that threaten the safety of the lives of persons and easy access to food, nutrition, and housing, and must promote actions that contribute to establishing situations and capacities that favor the short and medium term, planning necessary measures to combat the needs of the population and executing actions that adjust and focus on the unification that leads to sustainable development and thus reduce unfavorable impacts of climate change and uncertainty in the Country.

Whereas, the situation and effects worldwide on climate change have triggered adverse situations that make development, sustainable and continuous production in the Country complex, added to the fact that the COVID-19 Pandemic that still prevails in our territory has considerably slowed down actions and tasks to anticipate climatological problems in order to produce the necessary financial resources that generate the services that allow to foresee in advance fair and timely information so that it reaches the entire population.

Whereas, through Legislative Decree No. 286-2009, published in the Official Gazette "La Gaceta" on February 2, 2010, Edition No. 32,129, the Law for the Establishment of a Vision for the Country and the Adoption of a Plan of the Nation for Honduras was issued. Its objective is to approve the Vision for the Country for the year 2038 and the Plan of the Nation for the year 2022, for the planning of economic, social, and political development, established in Article 329 of the Constitution of the Republic. In which its third long-term objective establishes the aspiration to have a productive Country that sustainably uses its natural resources while reducing environmental vulnerability, including climate factors.

Whereas, through Decree No. 104-93, containing the General Law of the Environment, published in the Official Gazette "La Gaceta" on June 30, 1993, the State Secretariat in the Office of the Environment was created, now the State Secretariat in the Office of Natural Resources and Environment (MiAmbiente+). In Article 10 it literally states: "The State Secretariat in the Office of the Environment is created, responsible for: Complying with and enforcing environmental legislation in Honduras; for the formulation and global coordination of national environmental policies; ensuring that these policies are complied with; and for public and private institutional coordination on environmental matters. This State Secretariat shall have a National Consultative Council on the Environment, composed of representatives from the Public and Private Sectors, who shall participate on an ad honorem basis in the sessions held; a Technical Advisory Committee; and an Environmental Ombudsman's Office."

Whereas, through Executive Decree Number PCM-046-2010, published in the Official Gazette "La Gaceta" on December 15, 2010, Edition No. 32,392, the "National Climate Change Strategy of the Republic of Honduras" was approved as Government Policy in all and each one of its parts.

Whereas, through Legislative Decree No. 118-2016, published in the Official Gazette "La Gaceta" on August 29, 2016, the Paris Agreement, which aims to strengthen the global response to the threat of climate change in the context of sustainable development and efforts to eradicate poverty.

Whereas, the State Secretariat in the Office of Natural Resources and Environment (MiAmbiente+) in 2018 published the National Plan for Adaptation to Climate Change of Honduras, which was built in a participatory manner with representatives from Civil Society, Municipal Authorities, Private Enterprise, Ethnic and Afro-Honduran Groups, NGOs, Academia, and representatives of State Institutions related to the issue of climate change.

Whereas, the National Plan for Adaptation to Climate Change of Honduras is a management instrument that, when integrated with the National Development Policy, shall set the guidelines for adaptation to climate change based on the Country's Development Policies and shall provide guidance for coordination, institutional structure, and coherent lines of work among the different development sectors of the Country.

Articles

Article 1.-

The objective of this Executive Decree is to strengthen the standardization and implementation of the National Plan for Climate Change Adaptation of Honduras and the alignment of investments with a climate change adaptation approach, whose purpose is to establish in the State Environmental Policy the directives for planning and responding in an adequate, coordinated, and sustained manner to the adaptation of adverse impacts generated by climate change in the Country.

Article 2.-

The State of Honduras recognizes the necessity and duty to elevate the status of the National Plan for Climate Change Adaptation of Honduras as an instrument of strategic application and general observation in the preparation of public investment plans and budgets that will ensure increased adaptive capacity, protect people and their property, livelihoods and ecosystems, promoting participation in adaptation at the national level. The National Plan for Climate Change Adaptation of Honduras presents the following Strategic Objectives: General Objective: To guide adaptation actions focused on the integration of sustainable development strategies in order to reduce adverse impacts of climate change and variability in the Country. Specific Objectives:

  • a)

    To generate institutional capacities for knowledge management in climate change adaptation by improving early warning services to provide accurate and timely information to the entire population;

  • b)

    To strengthen multisectoral coordination (inter-institutional and intersectoral) and multilevel coordination for the formulation and implementation of adequate community and citizen adaptation to climate change, promoting alignment of investments with national funds, as well as international cooperation with an adaptation approach;

  • c)

    To promote adaptation actions and measures in national reconstruction processes that contribute to the fulfillment of the progressivity and universality of human rights, effective participation of communities in the Sustainable Development Goals and national policies for low-carbon and resilient development;

  • d)

    To promote the protection, proper management and restoration of ecosystems as a fundamental axis for the adaptation of urban and rural communities, as well as the achievement of environmental and socioeconomic co-benefits; and,

  • e)

    To promote the transfer and appropriation of adaptation technologies, considering synergies with climate change mitigation.

Article 3.-

The National Plan for Climate Change Adaptation of Honduras is integrated into the Sustainable Development Planning of Honduras and guides its monitoring and application in the Institutional Strategic Plans of the Government according to its five (5) Strategic Axes: 1. Agrifood and Food Sovereignty, 2. Human Health, 3. Infrastructure and Socioeconomic Development, 4. Biodiversity and Ecosystem Services, and 5. Water Resources with its five (5) Cross-Cutting Pillars: 1. Human Rights and Adaptive Governance, 2. Gender and Vulnerable Groups, 3. Knowledge Management, 4. Territorial Planning, and 5. Disaster Risk Management.

Article 4.-

The Secretariat of State in the Office of General Government Coordination (SCGG) shall support the Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+) for the incorporation of the National Plan for Climate Change Adaptation of Honduras into policies, plans, programs, and projects of national implementation and ensure that these contribute to the objectives and goals of compliance with this Plan.

Article 5.-

The Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+), with support from the Green Funds Preparatory Program and other international cooperation programs and projects, shall provide the necessary assistance for strengthening capacities in the Sectoral and Regional Framework of the National Plan for Climate Change Adaptation of Honduras, shall establish the first Climate Change Adaptation Laboratory and shall operate in coordination with the National Academy and the School of Climate Change Adaptation to prepare technical and academic training of new professionals, as well as strengthen the capacities of key actors from State Institutions, Academia, Civil Society Organizations, and the Private Sector. Additionally, it shall support the Planning and Management Evaluation Unit (UPEG) of MiAmbiente+ in the preparation of national communications on adaptation to be sent to the United Nations Framework Convention on Climate Change (UNFCCC).

Article 6.-

The National Consultative Council on the Environment (COCONA) shall create a High-Level National Table for Climate Change Adaptation as a support and planning body for the prioritization of policies, projects, and activities to be proposed and implemented at the national level. This National Table shall be supported by a high-level technical group and regional working groups that shall be organized with support from the leading sectoral institutions of the National Adaptation Plan, in cases of emergency prevention and response.

Article 7.-

The National Consultative Council on the Environment (COCONA) shall convene international cooperation to identify sources of direct support to vulnerable populations and shall establish an emergency funds implementation mechanism to provide immediate response if the situation so demands. It shall be responsible for identifying support funds for the Country, as well as maintaining a constant flow of communication between donors and Country authorities to visualize the impact and quality of spending in times of emergency. It shall prepare guidelines that orient investments in adaptation processes of communities to prevent future damages and shall establish transparency mechanisms in the management of cooperation funds in coordination with the Donors Table.

Article 8.-

The National Registry of Investment in Climate Change is hereby created, which shall be conducted by the Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+) in coordination with the Secretariat of State in the Office of General Government Coordination (SCGG) and shall function under a special regulation to be approved by COCONA. Its objective shall be the marking and monitoring of National and International Investment in Climate Change, as well as to serve as a source of information to identify investment gaps.

Article 9.-

The National Plan for Climate Change Adaptation of Honduras, with support from the High-Level National Table and the National Working Technical Committee and regional working groups, shall generate binding conditions, information, and prioritization for the establishment and compliance with Quantitative Nationally Determined Contributions within the Adaptation Framework, in the prioritized sectors in the PNA: Agrifood and Food Sovereignty, Human Health, Infrastructure and Socioeconomic Development, Biodiversity and Ecosystem Services, and Water Resources. Government Institutions, projects, programs, or society in general that contribute to the fulfillment of the National Plan for Climate Change Adaptation of Honduras and the Nationally Determined Contributions within the Adaptation Framework must report their contribution, which shall be accounted for through a Monitoring, Reporting, and Verification Mechanism and thus comply with international commitments. COCONA shall hold at least two (02) meetings per year especially for the purpose of preparation prior to drought and flooding periods in which they shall review and propose the necessary adjustments to overcome such climatic anomalies.

Article 10.-

The Directorate of Modernization and the Regional Chiefs of the Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+), with support from the NAP Honduras Project, shall form regional coordination bodies according to the coordination architecture and strategy, shall support institutional capacity-building processes and the formation of regional donors tables to promote the exchange of knowledge and coordination of activities, especially for the coordinated implementation of climate change adaptation measures.

Article 11.-

The Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+), together with the Secretariat of State in the Office of General Government Coordination (SCGG), shall send to Government Institutions and International Cooperation the directives and formats to report the contributions to the National Adaptation Plan planned and developed, which shall be monitored by an independent verification mechanism, technically strengthened with scientific tools. It shall also coordinate with the High-Level National Table to promote the alignment of investments from different international cooperation donors to maximize the benefits and impacts of interventions. To this end, it shall establish periodic meetings, including preparation meetings prior to periods of drought or flooding, in which all projects of support to the Country must integrate in their budgets the investments regarding adaptation measures required to support the Country's population.

Article 12.-

MiAmbiente+, ICF, SAG, CLIMA Plus, and SCGG shall strengthen business/productive associations, civil society organizations, and ethnic organizations to determine the mechanisms of participation and contribution to the National Plan for Climate Change Adaptation of Honduras and shall extend the invitation to the private sector to strengthen the investment strategy in climate change adaptation.

Article 13.-

The Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+), with support from the NAP Project, shall develop guidelines to orient investment in the adaptation needs that the Country has and manages coming from the support of cooperation programs and projects of national funds, private sources, and international donors.

Article 14.-

The Secretariat of State in the Offices of Natural Resources and Environment (MiAmbiente+) shall be responsible for formulating a Joint Action Framework Proposal that contains the Implementation Plan of the National Plan for Climate Change Adaptation of Honduras to ensure its compliance. Said formulation shall be based on what is established in the Guidelines for the Formulation and Approval of Public Policies issued by the Secretariat of State in the Office of General Government Coordination (SCGG) and made official through Circular CGG 791-2020 of September 18, 2020, for optimal standardization thereof.

Article 15.-

This Executive Decree enters into force on 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 twelfth (12) day of the month of November of the year two thousand twenty-one (2021). COMMUNICATE AND PUBLISH. MARÍA ANTONIA RIVERA DESIGNATED PRESIDENTIAL 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 ELAN FERNANDO VASQUEZ AYESTAS SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION, BY LAW 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 FINANCE. 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 AND NATIONAL CONTINGENCIES MANAGEMENT. MARIA ANDREA MATAMOROS SECRETARY OF STATE IN THE OFFICE OF TRANSPARENCY.

Notes

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