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Poder Ejecutivo
- Decree: 266-2013
- Published: April 6, 2022
- Issuing body: Poder Ejecutivo
- Gazette: 35,892
- Category: Administrative
Summary
This decree reorganizes Honduras' public administration by creating new ministries (Transparency and Anti-Corruption, Strategic Planning, Women's Affairs, Cultures and Arts, and Infrastructure and Transport) and eliminating others to fight corruption, reduce poverty, and improve state management. It affects all public officials and citizens by reorganizing how government operates.
Considerations
Whereas, in accordance with the provisions of Article 245 of the Constitution of the Republic of Honduras, the President has charge of the General Administration and representation of the State, as well as the direction of general policy and, as part of her constitutional powers, is responsible for administering public funds, issuing agreements and decrees in accordance with Law.
Whereas, in accordance with the provisions of the General Law of Public Administration, the President of the Republic, acting in Council of State Secretaries, is authorized to create, modify, merge, suspend, divide, or eliminate State Secretaries, Decentralized Agencies or Entities, and dependencies of the Public Administration.
Whereas, in order to comply with the Bicentennial Government Plan to Refound Honduras and build the Socialist and Democratic State, it is imperative to restructure the public administration that has been weakened and degraded rapidly over a decade, following the destruction of the democratic order caused by the coup d'état of June 28, 2009. More than 70% of our people live in poverty, without food, without the means to pay for water, electricity, transportation, and medicine; hundreds of companies and thousands of workers have been destroyed.
Whereas, Articles 121 and 122, numeral 4) of the Organic Law of the Budget, establish that officials or employees of any rank who, through intent, negligence, or fault, adopt resolutions or take actions in violation of the provisions of this Law, shall be subject to the penal, civil, or administrative liability that may correspond, and also establish that it constitutes violations of the Law to give rise to improper payments when liquidating obligations or when issuing documents, by virtue of the functions assigned.
Whereas, it is part of our commitment to resume the State's responsibility for planning all its social, economic, and security policies and activities until achieving equitable social development.
Whereas, to the crisis of poverty and institutional degradation is added the health catastrophe of COVID-19, Hurricanes Eta and Iota, widespread public corruption marked especially by the catastrophic public debt that we have had to confront without knowing the destination of the funds; the dozens of trust contracts and public-private partnerships, destroying the constitutional principle of the single treasury account; the direct and corrupt purchase of 7 mobile hospitals through Strategic Investment/MCC-Honduras (INVEST-H), for more than forty million dollars without providing service to the citizenry to date; the financial demolition of the National Electric Energy Company (ENEE) and the duplication of functions in agencies and institutions created without administrative and budgetary structure, solely to sustain the political patronage apparatus established post-coup, resulting in the over-contracting of personnel, equipment, and facilities.
Whereas, as part of the process of degradation of the organization of the State, planning and transparency were reduced to directorates dependent on the Presidency of the Republic; culture, the arts, and the heritage of the peoples have suffered a process of deterioration; sports have been conceived in their eminently commercial dimension and not as a form of recreation and construction of social bonds; and the diagnosis of the gender problem is dire.
Whereas, the Government of Honduras signed the United Nations Convention against Corruption on May 17, 2004, ratified it on April 20, 2005, in which Article 6, paragraph 1, provides that each State Party, in accordance with the fundamental principles of its legal system, shall guarantee the existence of an agency or agencies, as appropriate, responsible for preventing corruption. It is necessary to coordinate and articulate the efforts of all State bodies to combat the scourge of corruption in the exercise of public and private function in adherence to the directives of the Presidency of the Republic in its governmental agenda. The design, promotion, coordination, supervision, and evaluation of anti-corruption policies, strategies, and programs shall promote transparency and good governance practices. A State Under-secretariat shall integrate the ministerial structure. The Normative Office of Government Procurement and Contracting (ONCAE) is assigned to this State Secretariat.
Whereas, the Constitution of the Republic and current Labor Laws guarantee the right of every worker to earn a minimum wage, understood as the base income received by a worker to meet his or her economic needs and contribute to family income.
Whereas, by means of Agreement Number No. STSS-563-2021, the Negotiating Commission was appointed to Set the Adjustment to the Minimum Wage, comprised of representatives of the Business Interest, Labor Interest, and Public Interest, who demonstrated a true willingness for dialogue based on confidence and mutual understanding beyond their differences, generating positive results for the nation by agreeing by consensus and in tripartite form on the minimum wage that shall govern throughout the country for the years 2022 and 2023, as recorded in the Minutes of the Hearing held on the first (01) day of April of two thousand twenty-two (2022), seeking to improve the living conditions of workers.
Whereas, the behavior of the economy and labor market in Honduras demands that the productive sectors and governmental authorities establish policies and measures to sustain economic growth and employment creation.
Articles
Create the State Secretariat in the Offices of Transparency and Fight Against Corruption (STLCC), which shall have the purpose of preventing and combating the scourge of corruption in the exercise of public and private functions in adherence to the directives of the Presidency of the Republic, in its governmental agenda. The design, promotion, coordination, supervision and evaluation of anti-corruption policies, strategies and programs shall promote transparency and good governance practices. A State Undersecretary shall integrate the ministerial structure. The Normative Office of Government Purchases and Contracting (ONCAE) is attached to this State Secretariat.
Create the State Secretariat in the Office of Strategic Planning, in its capacity as the governing Institution of the National System of Planning for Social and Economic Development of Honduras. A State Undersecretary shall integrate the ministerial structure.
Create the State Secretariat in the Office of Women's Affairs. A State Undersecretary shall integrate the ministerial structure. The Mujer Ciudad Program is attached as a Deconcentrated Entity of this Secretariat.
Create the State Secretariat in the Offices of Cultures, Arts and Heritage of the Peoples of Honduras, from which coherent policies must be formulated with national identity and respectful of diversity, that promote and reproduce our roots, and guarantee full access, promotion and protection of culture, art and heritage. A State Undersecretary shall integrate the ministerial structure.
Create the State Secretariat for the Development and Monitoring of Projects of the Office of the Presidency.
Grant the rank of National Commissioner of Sports, Physical Education and Recreation to the Management of the National Commission for Sports Facilities (CONAPID), which in addition to the functions already established, shall be responsible for preparing the Sports Law Initiative and Physical Education that establishes and recognizes the obligation of the State to protect and guarantee this right as a means to increase social cohesion and national identity of citizens, and facilitate the full development of their nature, as well as a tool to promote, improve and care for their health.
Create the State Secretariat in the Offices of Infrastructure and Transportation (SIT), with the purpose of developing infrastructure projects and programs. This Secretariat shall have two Undersecretaries: 1) Undersecretary of Public Works; and, 2) Undersecretary of Transportation. The attributions and competencies of Strategic Investment/MCC-Honduras (INVEST-H), as well as the programs and projects shall become part of this Secretariat, with the exception of those related to the health sector and the agricultural sector.
The State Secretariat in the Offices of Infrastructure and Transportation (SIT) shall designate a liquidator for the Strategic Investment/MCC-Honduras (INVEST-H) program, with broad decision-making powers to cancel obligations derived from administrative and personnel functions that Strategic Investment/MCC-Honduras (INVEST-H) has subscribed to, respecting the objectives and scope of international credit and donation agreements. Upon completion of the process, it shall present the corresponding Financial Report to the Secretariat of Finance. The inventory of health-related purchases made through Strategic Investment/MCC-Honduras (INVEST-H) must be transferred to the State Secretariat in the Office of Health. Obligations derived from the actions of Strategic Investment/MCC-Honduras (INVEST-H) that cannot be liquidated due to legal problems, after their analysis, shall be notified to the Public Prosecutor's Office.
Create the Solidarity Network Program, as a deconcentrated entity of the State Secretariat in the Office of Social Development, which shall have as its objective the reduction of poverty and extreme poverty, through the execution of Programs and Projects directed to vulnerable populations, focused by the State's social information systems and available technical tools. Said Program shall contemplate the design, structuring, execution, administration and supervision of productive and social Projects including scholarships for young people of primary, secondary and university education. The Projects that are under the responsibility of the Strategic Agency for Productive, Environmental and Social Projects (AEPAS-H) shall be executed through the Solidarity Network Program.
Create the Directorate of Management by Results, which shall function as a Deconcentrated Entity of the Presidency of the Republic and shall be directed by an official with the rank of Minister Advisor.
Attach as a Deconcentrated Organism of the State Secretariat in the Offices of Agriculture and Livestock (SAG), the National Program for Sustainable Rural Development (PRONADERS) and other related programs.
The resources that were allocated in the Road Infrastructure Trust Fund, in the budget for the fiscal period 2022, for execution of projects of the Directorate for the Conservation of Road Heritage (DCPV), created by Executive Decree Number 034-2018, as well as all assets, shares and rights that correspond to and constitute the heritage administered by said Directorate, must be transferred to the State Secretariat in the Office of Infrastructure and Transportation (SIT) within a period of thirty (30) days, extendable from the publication of this Decree in the Official Gazette La Gaceta, respecting the mechanisms established in the Trust Agreement. Likewise, the obligations derived from work contracts, reconstruction, periodic and routine maintenance of the Paved and Non-Paved Official Road Network must be transferred; and any other contract related to Road Infrastructure or connected thereto that are currently in execution.
Attach the Commission for the Control of Flooding in the Sula Valley (CCIVS) to the State Secretariat in the Offices of Infrastructure and Transportation (SIT), as a Deconcentrated Organism.
The Honduran Social Investment Fund (FHIS) shall be in charge of a Director with the rank of Secretary of State, and shall remain under his charge until its liquidation the State Secretariat in the Offices of Community Development, Water and Sanitation (SEDECOAS). Create the Housing and Human Settlements Program, as a Deconcentrated Entity attached to the State Secretariat in the Offices of Community Development, Water and Sanitation (SEDECOAS), which shall have as its objective to unite the dispersion of institutions dedicated to housing; plan, organize and direct the sector; facilitate management by reducing the time of the request and approval process for construction; improvement of social housing and reduction of taxes on construction materials. Its Director shall be appointed by the Presidency of the Republic. The Program must encourage civil society organizations to build housing under pre-established regulations and including transitional emergency housing, relocation of housing located in risk and contamination zones, and a Civil Housing Observatory for monitoring and evaluation of the State's actions.
Create the State Secretariat in the Office of Social Development, to institute the social policies of a solidary, inclusive and violence-free Honduras. Attached to this State Secretariat in the Office of Social Development is the National Center for Information of the Social Sector (CENISS) which shall become the observatory for poverty and vulnerability.
The State Secretary in the Offices of Risk and National Contingencies Management (COPECO) is hereby established as the governing entity of policies within its competence. Related programs and projects shall be developed through the State Secretariats, municipalities, and community social forces.
The order of precedence of the State Secretaries and members of the Council of Ministers, in accordance with the modifications in the structure of the Centralized Public Administration, is as follows: 1. State Secretary in the Office of the Presidency. 2. State Secretary in the Offices of Social Development. 3. State Secretary in the Office of Finance. 4. State Secretary in the Offices of Justice, Government and Decentralization. 5. State Secretary in the Offices of Foreign Relations and International Cooperation. 6. State Secretary in the Office of Transparency and Anti-Corruption. 7. State Secretary in the Office of Strategic Planning. 8. State Secretary in the Office of Economic Development. 9. State Secretary in the Office of Women's Affairs. 10. State Secretary in the Office of Security. 11. State Secretary in the Office of Defense. 12. State Secretary in the Office of Health. 13. State Secretary in the Office of Natural Resources and Environment. 14. State Secretary in the Office of Education. 15. State Secretary in the Office of Human Rights. 16. State Secretary in the Office of Agriculture and Livestock. 17. State Secretary in the Office of Energy. 18. State Secretary in the Office of Infrastructure and Transportation. 19. State Secretary in the Office of Labor and Social Security. 20. State Secretary in the Office of Tourism. 21. State Secretary in the Offices of Cultures, Arts and Heritage of the Peoples of Honduras. 22. State Secretary in the Offices of Community Development, Water and Sanitation (SEDECOAS). 23. State Secretary in the Offices of Risk and National Contingencies Management (COPECO).
Suppress the State Secretariats, Programs, Special Cabinets and Sector Cabinets described as follows:
- 1)
State Secretary in the Office of Government Coordination.
- 2)
State Secretary in the Office of Transparency.
- 3)
Ministerial Office of Socialization and Digital Accompaniment of Presidential Projects and the National Office of Social Intervention, both entities attached to the Secretary of the Presidency.
- 4)
Sub-secretariat II, Sub-secretariat III, Presidential Technical Support Unit, Honduras Program, Housing Program and Social Works Program, all dependent on the State Secretary in the Office of the Presidency.
- 5)
Special Orange Economy Project.
- 6)
School of High Public Management.
- 7)
Presidential Council of Green Economy.
- 8)
Presidential System of Management by Results (SPGR).
- 9)
Office of Presidential Priorities and Public Innovation dependent on the Presidency of the Republic.
- 10)
Technical Cabinet for the Formulation of Administrative Simplification Strategy.
- 11)
Digital Transformation Directorate, as a permanent body within the State Secretary in the Office of Finance (SEFIN).
- 12)
Strategic Investments/MCC-Honduras (INVEST-H).
- 13)
Better Life Program. 24. State Secretary for the Development and Monitoring of Projects of the Secretary of the Presidency.
The transfers of funds executed through the Finance Secretary for different Entities, with the exception of the budgetary allocation denominated Comprehensive Pilot Program to Combat Urban Poverty (PPICPU), a project created within the framework of the Poverty Reduction Strategy (ERP) for children in street situations, shall be carried out through each related State Secretariat. The structures, attributions and competencies of the new State Secretariats and Sub-secretariats, Commissioners and Deconcentrated Entities shall be established by Executive Decree, considering the Regulation of Organization, Functioning and Competencies of the Executive Branch. The General Secretariat, Internal Audit, Administrative Directorate and the Human Resources and Communications Units form part of the basic organization of the created entities; as well as the directorates deemed necessary for the fulfillment of the purpose.
The heads of each State Secretariat, Institutions and Deconcentrated Entities that are suppressed shall proceed with the termination of employees and officials to whom labor rights must be recognized in accordance with the Constitution of the Republic, International Treaties subscribed to and ratified by Honduras, and other prevailing labor laws.
The Finance Secretary, prior to submitting the Bill Initiative for the Modification of the General Budget of Income and Expenses and General Provisions for Fiscal Year 2022, must make the required structural and budgetary modifications. 14) State Secretary in the Offices of Infrastructure and Public Services (INSEP). 15) Secretary of Development and Social Inclusion. 16) Special Cabinet for Economic and Social Reactivation. 17) The five Sector Cabinets. State Secretaries, Commissioners and Directors of Deconcentrated Entities must proceed within the next thirty (30) days to reorganize and restructure each office in each of its departments, in accordance with their competencies, and considering minimal structures in accordance with budgets and their reductions.
Programs and projects under development through the National Service for Entrepreneurship and Small Businesses (SENPRENDE) shall become part of the Solidarity Network.
The Presidential Honor Guard is assigned to the State Secretary in the Office of Defense.
All normative provisions of the same rank as this Executive Decree that are contradictory or opposed to it are hereby repealed.
This Executive Decree in Council of State Secretaries is of immediate execution and shall be published in the Official Journal La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, on the sixth (6) day of the month of April 2022. LET IT BE COMMUNICATED AND PUBLISHED. IRIS XIOMARA CASTRO SARMIENTO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC TOMÁS EDUARDO VAQUERO MORRIS STATE SECRETARY IN THE OFFICES OF GOVERNMENT, JUSTICE AND DECENTRALIZATION RODOLFO PASTOR DE MARÍA CAMPOS STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY EDUARDO ENRIQUE REINA GARCÍA STATE SECRETARY IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION OLGA LYDIA DÍAZ MELÉNDEZ SUB-STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION LESLY SARAHÍ CERNA STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY LAURA ELENA SUAZO TORRES STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK LUCKY HALACH MEDINA ESTRADA STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT RIXI RAMONA MONCADA GODOY STATE SECRETARY IN THE OFFICE OF FINANCE MELINA NATALIE ROQUE SANDOVAL STATE SECRETARY IN THE OFFICE OF HUMAN RIGHTS PEDRO JOSÉ BARQUERO TERCERO STATE SECRETARY IN THE OFFICE OF ECONOMIC DEVELOPMENT MAURICIO ANTONIO RAMOS STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES RAMÓN ANTONIO SABILLÓN PINEDA STATE SECRETARY IN THE OFFICE OF NATIONAL SECURITY JOSÉ MANUEL ZELAYA ROSALES STATE SECRETARY IN THE OFFICE OF NATIONAL DEFENSE JOSÉ MANUEL MATHEU AMAYA STATE SECRETARY IN THE OFFICE OF HEALTH DANIEL ENRIQUE ESPONDA VELÁSQUEZ STATE SECRETARY IN THE OFFICE OF EDUCATION ERICK MEDARDO TEJADA CARBAJAL STATE SECRETARY IN THE OFFICE OF ENERGY LUIS GUILLERMO CHÉVEZ CONTRERAS SUB-STATE SECRETARY IN THE OFFICE OF TOURISM ÁNGEL EDMUNDO ORELLANA MERCADO STATE SECRETARY IN THE OFFICE OF TRANSPARENCY OCTAVIO JOSÉ PINEDA PAREDES STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION PABLO RAMÓN SOTO BONILLA STATE SECRETARY IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES (COPECO)
Related laws
- Decreto Ejecutivo No. PCM-05-2022 — Reestructuración de la Administración Pública Centralizada — This decree reorganizes Honduras's public administration by creating new state secretariats (Transparency, Strategic Planning, Women's Affairs, Cultures and Arts, and Infrastructure) and eliminating others to reduce duplication and expenses. It affects all public employees, citizens using state services, and benefits anti-corruption efforts, state planning, and attention to vulnerable groups. (Decree PCM-05-2022, 2023)
- Decreto Ejecutivo No. PCM-05-2022 — Reestructuración de la Administración Pública Central — This decree reorganizes the Honduran government by creating new ministries (Transparency, Strategic Planning, Women's Affairs, Cultures, Infrastructure) and eliminating others to reduce duplication and corruption. It affects all public employees and citizens by improving state structure to fight poverty and corruption. (Decree PCM-05-2022, 2022)
- Decreto Ejecutivo No. PCM-05-2022 — Reestructuración de la Administración Pública - Creación y supresión de dependencias — This decree reorganizes the Honduran government by creating new secretariats (Transparency and Anti-Corruption, Strategic Planning, Women's Affairs, Cultures and Arts, Infrastructure and Transport) and eliminating others to reduce duplication, save expenses, and improve administrative efficiency. It affects all public employees and citizens who interact with government institutions. (Decree PCM-05-2022, 2023)
- Decreto Ejecutivo No. PCM-05-2022 — Se crea la Secretaría de Estado en el Despacho de Asuntos de la Mujer. Se adscribe el Programa Presidencial Ciudad Mujer como ente Desconcentrado (Decree PCM-05-2022, 2022)
- Decreto Ejecutivo No. PCM-05-2022 — Reestructuración de la Administración Pública: Creación y Supresión de Secretarías de Estado (Decree PCM-05-2022, 2022)