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January 8, 2020In force

Agreement-SO-098-2019

Congreso Nacional

  • Decree: SO-098-2019
  • Published: January 8, 2020
  • Issuing body: Congreso Nacional
  • Gazette: 35,143
  • Category: Administrative

Summary

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This law approves national guidelines for organizing, preserving, and protecting public archives in Honduras. It requires all public and private institutions handling public funds to comply with specific document management standards, enabling citizens to more easily access public information while preserving the country's historical memory.

Considerations

It is constitutional responsibility of the National Congress to stimulate national culture, distinguishing citizens who have demonstrated exceptional effort, discipline and human quality, as is the case of Engineer CARLOS HUMBERTO FORTÍN MARADIAGA.

That citizen CARLOS HUMBERTO FORTÍN MARADIAGA was a pillar of Honduran folk music and his arrangements were means to promote the growth of patriotism and civic values of Honduran children and youth.

That after his death, he leaves a cultural legacy that will serve to continue his work of promoting patriotism in all schools throughout the country.

That the State shall preserve and stimulate genuine expressions of national folklore, popular art and crafts.

That in accordance with Article 205 Attribution 31) of the Constitution of the Republic, it is within the power of the National Congress to grant awards and honors to citizens who have rendered relevant services, as in the special case of citizen CARLOS HUMBERTO FORTÍN MARADIAGA.

That it is an attribution of the Executive Power to submit to consideration of the National Congress the Promotion of Officers of the National Police of Honduras.

That it corresponds to this National Congress, in accordance with the last paragraph of Article 43 of the Organic Law of the National Police, reformed through Decree No. 25-2013 dated February 27, 2013 and published in the Official Newspaper "La Gaceta" on March 23, 2013, edition No. 33,083, to confer promotions of the Senior Executive Scale upon proposal of the Executive Power through the State Secretariat of the Security Office, upon prior ruling of the Strategic Board of the National Police.

That the aforementioned Officers have maintained outstanding performance in the exercise of their professional career and have complied with the requirements established in the Organic Law of the National Police of Honduras and the Procedures Manual for the Promotion Process of the National Police, to be declared fit for Promotion to the Immediate Higher Rank.

That in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform and repeal laws.

That in accordance with Article 245 numeral 2 of the Constitution of the Republic, the President of the Republic has charge of the General Administration of the State and among other attributions it corresponds to him to direct the general policy of the State and represent it.

That the policy, strategy and objectives of the Government are defined by the President of the Republic and its actions are discussed and approved through the Council of State Secretaries.

That in accordance with Article 4 of the General Law of Public Administration amended by Legislative Decree No. 266-2013, the creation, modification or suspension of State Secretariats or Deconcentrated Organisms or Entities, can only be done by the President of the Republic in Council of State Secretaries.

That in accordance with Article 14 numeral 1 of the General Law of Public Administration, amended by Legislative Decree No. 266-2013, the President of the Republic, by Decree in Council of State Secretaries, may issue within the Centralized Administration the standards required to determine the competence of the Offices by the State Secretariats and create the internal dependencies that may be necessary for proper administration, and these provisions may be issued by the President of the Republic in Council of State Secretaries even when the dependency or function has been created or granted through a legal provision.

That according to what is established in Article 45 of the General Law of Public Administration, deconcentrated bodies or entities shall be created, modified, merged or suppressed by Decree of the President of the Republic in Council of State Secretaries and their heads shall respond for their management to the dependency of the Centralized Administration from which they depend.

That as established in Article 22 numeral 3 of the General Law of Public Administration, amended by Legislative Decree No. 266-2013, the Council of State Secretaries has the powers to create, modify, merge, split or suppress dependencies of the Public Administration.

That in accordance with Article 43 of the General Law of Public Administration, functional deconcentration is verified through the creation of entities or bodies that, despite depending hierarchically on a central body, are attributed their own competence, which they exercise with technical-administrative and financial autonomy.

That the Constitution of the Republic in Article 340 establishes as of public utility and necessity, the management, protection, restoration and technical and rational exploitation of the nation's natural resources, having to regulate their use in accordance with social interest, seeking a balance between socioeconomic development and the protection of environmental resources.

That the strategic guidelines of the Government Plan 2018-2022 "Honduras Moves Forward with Firm Steps", frame among its lines of action the reduction of poverty through the generation of rural employment, the development of productive sectors; adaptation and mitigation to climate change to achieve the integral development of the Honduran population, for which it is necessary to direct the actions of the State towards the capitalization of the rural sector as a means to directly and decidedly attack the problem of poverty and the deterioration of natural resources, basing them on the principle of equity, integrity, targeting and citizen participation.

That the State of Honduras is a subscriber to various International Treaties and Conventions aimed at protecting health and the environment from emissions and releases carried out by human beings; keeping the increase in global temperature well below 2ºC, increasing the capacity to adapt to the adverse effects of climate change and promoting climate resilience and development with low carbon emissions; promoting fair and equitable participation of benefits derived from the use of genetic resources; promoting shared responsibility and joint efforts of the Parties in the field of international trade in certain hazardous chemicals in order to protect human health and the environment against possible damage; protecting biological diversity through the administration of movements between countries of modified living organisms; among others of equal importance.

That it is of urgent necessity to regulate the functioning of all the institutions that have direct or indirect responsibility for the protection, management and sustainable use of water, soil, forest and biodiversity resources, to avoid duplication of functions, and to increase their efficiency and effectiveness in the fulfillment of the functions of each one.

That it is necessary to have an institution that guarantees that all institutions called upon to contribute to the fulfillment of the commitments and responsibilities that the country has acquired with the Conventions and Treaties are complied with.

Articles

Article 1.-

To render a posthumous tribute to the Ambassador of Folkloric Music, CARLOS HUMBERTO FORTÍN MARADIAGA, on behalf of the National Congress of Honduras, awarding him a Gold Medal and Parchment for his arduous work and dedication, musical capacity and professionalism in the national art.

Article 2.-

The delivery of the aforementioned distinctions shall be made through one of his family members, in plenary session of this National Congress, with the formalities of the case.

Article 3.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the fourth day of the month of December of two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Power Therefore: Let it be executed Tegucigalpa, M.D.C., December 18, 2019 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY EBAL JAIR DÍAZ LUPIÁN Legislative Power DECREE No. 163-2019 The National Congress: CONSIDERING: That it is the attribution of the Executive Power to submit to the consideration of the National Congress, the Promotion of Officers of the National Police of Honduras. CONSIDERING: That it corresponds to this National Congress, in accordance with the last paragraph of Article 43 of the Organic Law of the National Police, reformed by Decree No. 25-2013 dated February 27, 2013 and published in the Official Gazette "La Gaceta" on March 23, 2013, edition No. 33,083, to confer the promotions of the Superior Executive Scale at the proposal of the Executive Power through the Secretary of State in the Office of Security, prior to the opinion of the Strategic Board of the National Police. CONSIDERING: That the Officers mentioned have maintained an outstanding performance in the exercise of their professional career and have complied with the requirements established in the Organic Law of the National Police of Honduras and the Manual of Procedures for the Promotion Process of the National Police, to be declared fit for Promotion to the Immediate Superior Grade. CONSIDERING: That in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is the authority of the National Congress: To create, decree, interpret, reform and repeal laws. THEREFORE: IT DECREES:

Article 1.-

Promote the Sub-Commissioner of Police: JAVIER DÍAZ HERRERA; to the Grade of Police Commissioner.

Article 2.-

Promote the Police Commissioners: DORIS ESTELA CORTEZ PADILLA, WILBER MAYES RÍOS AND EUNICE MASIEL FLORES MATUTE; to the Grade of Sub-Commissioner of Police.

Article 3.-

Promote the Police Sub-Commissioners: OSCAR HUMBERTO PORTILLO LÓPEZ, EDUARDO ALONZO RIVERA THOMAS AND CECILIA MARÍA CRUZ NIETO; to the Grade of Police Commissioner.

Article 4.-

This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twelfth day of the month of December of two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., December 21, 2019 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY JULIAN PACHECO Executive Power EXECUTIVE DECREE NUMBER PCM-065-2019 THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC IN COUNCIL OF SECRETARIES OF STATE, CONSIDERING: That in accordance with Article 245 numeral 2 of the Constitution of the Republic, the President of the Republic has charge of the General Administration of the State and among other attributions it corresponds to him to direct the general policy of the State and represent it. CONSIDERING: That the policy, strategy and objectives of the Government are defined by the President of the Republic and his actions are discussed and approved through the Council of Secretaries of State. CONSIDERING: That according to Article 4 of the General Law of Public Administration reformed by Legislative Decree No. 266-2013, the creation, modification or suspension of the Secretaries of State or of the Deconcentrated Bodies or Entities, can only be done by the President of the Republic in Council of Secretaries of State. CONSIDERING: That in accordance with Article 14 numeral 1 of the General Law of Public Administration, reformed by Legislative Decree No. 266-2013, the President of the Republic, by Decree in Council of Secretaries of State, may issue within the Centralized Administration the rules required to determine the competence of the Offices by the Secretaries of State and create the internal dependencies that were necessary for good administration, and these provisions may be issued by the President of the Republic in Council of Secretaries of State even when the dependency or function has been created or granted through a legal provision. CONSIDERING: That according to what is established in Article 45 of the General Law of Public Administration, deconcentrated bodies or entities shall be created, modified, merged or suppressed by Decree of the President of the Republic in Council of Secretaries of State and their heads shall respond for their management to the dependency of the Centralized Administration on which they depend. CONSIDERING: That as established in Article 22 numeral 3 of the General Law of Public Administration, reformed by Legislative Decree No. 266-2013, the Council of Secretaries of State has the attributions to create, modify, merge, split or suppress dependencies of the Public Administration. CONSIDERING: That in accordance with Article 43 of the General Law of Public Administration functional deconcentration is verified through the creation of entities or bodies that, although they hierarchically depend on a central body, are assigned their own competence, which they exercise with technical-administrative and financial autonomy. CONSIDERING: That the Constitution of the Republic in Article 340 establishes as of public utility and necessity the management, protection, restoration and technical and rational exploitation of the natural resources of the nation, and should regulate their use in accordance with social interest, seeking a balance between socioeconomic development and the protection of environmental resources. CONSIDERING: That the strategic guidelines of the Government Plan 2018-2022 "Honduras Advances with Firm Step" frame among its lines of action the reduction of poverty through the generation of rural employment, the development of productive sectors; adaptation and mitigation to climate change to achieve comprehensive development of the Honduran population, for which it is necessary to orient the actions of the State towards the capitalization of the rural sector as a means to tackle squarely and decisively the problem of poverty and the deterioration of natural resources, basing them on the principle of equity, integrity, targeting and citizen participation. CONSIDERING: That the State of Honduras is a signatory to various International Treaties and Conventions aimed at protecting health and the environment from emissions and releases by human beings; maintaining the increase in global temperature well below 2ºC, increasing the capacity to adapt to the adverse effects of climate change and promoting climate resilience and development with low carbon emissions; promoting fair and equitable participation in the benefits derived from the use of genetic resources; promoting shared responsibility and joint efforts of the Parties in the field of international trade of certain hazardous chemicals in order to protect human health and the environment from possible damage; protecting biological diversity through the administration of movements between countries of modified living organisms; among others of equal importance. CONSIDERING: That it is of urgent necessity to organize the functioning of all the institutions that have direct or indirect responsibility for the protection, management and sustainable use of water, soil, forest and biodiversity resources, avoid duplication of functions, increase their efficiency and effectiveness in the fulfillment of the functions of each. CONSIDERING: That it is necessary to have an instance that guarantees that all institutions called to contribute to the fulfillment of the commitments and responsibilities that the country has acquired with the Conventions and Treaties are complied with. THEREFORE, In use of the faculties contained in Articles 59, 245 numerals 2, 11 and 45, 321, 323 and 340 of the Constitution of the Republic; Articles 4, 11, 14 numeral 1), 17, 22 numeral 3), 28, 30, 43, 45, 116, 117 and 119 of the General Law of Public Administration and its reform by Legislative Decree No. 266-2013 and Article 32 of the Regulation of Organization, Functioning and Competencies of the Executive Power, Article 1, 9 and 35 of the General Law of the Environment. IT DECREES:

Article 1.-

The Presidential Office of Green Economy (OPEV) is created, as a Deconcentrated entity attached to the Presidency of the Republic, with legal personality, with technical, administrative and financial autonomy, with competence at the national level and with headquarters in the city of Tegucigalpa, M.D.C., department of Francisco Morazán, being able to establish regional offices anywhere in the country and shall be responsible for the application, compliance, monitoring and evaluation of international commitments related to the protection, management and sustainable use of natural resources so that these result in a better quality of life for the population in general.

Article 2.-

The objectives of the OPEV are the following:

  • a)

    To formulate the Green Growth Policy for All; which will order, regulate and promote the protection and restoration of ecosystems, also, will efficiently manage the resources obtained as a result of the negotiation of adaptation and mitigation mechanisms, as well as the participation of different institutions for the fulfillment of the commitments, which will include a set of incentives that lead to the revitalization of the agri-food sector with ecologically friendly technology;

  • b)

    To develop coordination mechanisms with institutions, programs and projects related to the sustainable use and management of natural resources in accordance with International Agreements, which will include a robust system for monitoring and evaluating compliance by the parties;

  • c)

    To manage the human and financial resources that complete and close the budget gaps necessary to accelerate the recovery, restoration and/or regeneration of forest coverage, aquifers, Protected Areas, micro-watersheds and wildlife reserve zones, while coordinating with the Honduran Bank for Production and Housing (BANHPROVI) the establishment of a trust fund for the allocation of resources to the implementing bodies;

  • d)

    To create an Observatory for the fulfillment of international commitments, linked with other institutions, which allows for research, training and the development of studies based on updated quantitative and qualitative information. This Observatory shall report directly to the Presidential Delegate and shall have its functions established in the internal regulations of the entity;

  • e)

    To facilitate processes that strengthen the capacity for local participation of different social groups in Honduras; Likewise, to identify and prioritize their needs;

  • f)

    In coordination with the implementing bodies, to prioritize activities in intervention zones, under the criteria of plagues, micro-watersheds, protected areas, rural poverty and environmental degradation, among others; and,

  • g)

    Others established in the different internal Regulations that are issued for the functioning of OPEV.

Article 3.-

For the fulfillment of its attributions, the OPEV shall have the administrative and technical units, as well as the support personnel that may be necessary, distributed as follows;

  • 1)

    Presidential Delegate;

  • 2)

    Administrative Manager;

  • 3)

    One Coordinator for each of the Programs (3);

  • 4)

    One Specialist in Institutional Development (Financial Mechanism);

  • 5)

    One Specialist in Image and Communication;

  • 6)

    One Specialist in Information Technologies; and,

  • 7)

    One Legal Specialist.

Article 4.-

For the Implementation of the Green Growth Policy for All, three (3) Programs shall be established:

  • 1)

    National Program for Recovery and Valuation of Ecosystem Goods and Services;

  • 2)

    Program for Recovery of Degraded Ecosystems; and,

  • 3)

    National Program for Marine-Coastal Ecosystems. The Coordinators of the aforementioned programs shall establish communication, coordination and articulation with the institutions that are involved in the implementation of the measures.

Article 5.-

The Consultative Council of the Presidential Office of Green Economy (CCOPEV) is created, which is comprised of the following institutions:

  • a)

    The Presidential Delegate of the OPEV who participates with voice but without vote and shall act as secretary of the council;

  • b)

    Secretariat of Natural Resources and Environment (Mi Ambiente+);

  • c)

    Forest Conservation Institute (ICF);

  • d)

    State Secretariat in the Office of General Government Coordination;

  • e)

    State Secretariat in the Office of the Presidency;

  • f)

    State Secretariat in the Offices of Agriculture and Livestock;

  • g)

    Secretariat of Finance; and,

  • h)

    Honduran Bank for Production and Housing (BANHPROVI). Furthermore, the (CCOPEV) has the authority to extend an invitation for incorporation as a member in its body, such as: a representative of the Association of Municipalities of Honduras (AMHON), as well as any institution from the public and private sector.

Article 6.-

The OPEV is directed by a Presidential Delegate, who shall be appointed and removed at the discretion of the President of the Republic.

Article 7.-

The functions of the Presidential Delegate are as follows:

  • a)

    Exercise legal representation, administration, direction and management of the Presidential Office of Green Economy (COPEV);

  • b)

    Delegate functions to officials as deemed appropriate;

  • c)

    Execute Cooperation Agreements, Accords and Contracts with institutions and public and private organisms, national or foreign linked to matters within the competence of the OPEV and in the exercise of his functions as Presidential Delegate;

  • d)

    Select, hire, evaluate and promote personnel in accordance with comprehensive evaluation and in accordance with applicable legal regulations and the organization of the OPEV;

  • e)

    Approve policies, guidelines, internal regulations, instructions, manuals and forms for the operation of the OPEV;

  • f)

    Approve the organizational structure of the OPEV;

  • g)

    Serve as Technical Secretary of the Consultative Council of the Presidential Office of Green Economy (CCOPEV);

  • h)

    Direct the administrative, operational and financial management of the entity, maintaining it in compliance with all applicable regulations;

  • i)

    Annual Operating Plan and institutional report for presentation to the corresponding bodies; and,

  • j)

    Other attributions that may be assigned to him.

Article 8.-

The National Fund for Green Growth of Honduras (FONACREV-H) is created as a financial mechanism of the OPEV; with resources from mechanisms for compensation, adaptation and mitigation of the effects of Climate, which shall be directed as a priority to the establishment of sustainable agro-food production systems that, while recovering forest cover, significantly improve the quality of life of the population living in such areas. Said Fund shall be established between the OPEV and the Honduran Bank for Production and Housing (BANHPROVI).

Article 9.-

The Regulation and Operating Manual of the FONACREV-H shall define the operational form of the Fund, as well as; the functions, composition, responsibilities and degree of deconcentration that may be applied, at its respective level of operation and shall be formulated by the OPEV in coordination with the Honduran Bank for Production and Housing (BANHPROVI) and the Secretariat of Finance. The implementing institutions shall consider counterpart resources in their respective budgets for purposes of ensuring the proper implementation of the initiatives.

Article 10.-

The Project Coordination Office (OCP) shall be eliminated, as well as the National Directorate of Climate Change (DNCC) from the Secretariat of Natural Resources and Environment, which shall become an integral part of the OPEV and shall therefore assume its functions.

Article 11.-

For the fulfillment of the objectives of the OPEV, an annual budget allocation necessary for its rational, efficient and effective operation shall be allocated, which shall consist of or be composed of the following resources:

  • 1)

    The Budget Structures assigned to the Project Coordination Office of the Secretariat of Natural Resources and Environment;

  • 2)

    The Budget Structures assigned to the National Directorate of Climate Change (DNCC) of the Secretariat of Natural Resources and Environment;

  • 3)

    The funds that as compensation for adaptation and mitigation to the OPEV is able to raise from each of the mechanisms;

  • 4)

    Inheritances, bequests, donations or contributions from natural or legal persons, national or foreign; and,

  • 5)

    Other income or assets acquired under any legal title.

Article 12.-

The National Directorate of State Property is instructed to transfer to OPEV the furniture, equipment, materials assigned to the Project Coordination Office, as well as the Budget Structures assigned, the National Directorate of Climate Change (DNCC) of the Secretariat of Natural Resources and Environment.

Article 13.-

The aforementioned Office and Directorate shall continue operating until the Presidential Delegate takes effective possession of his position and until the transfer of the respective budget structures is made effective; for which purpose, a transition commission appointed by the Secretariat of General Government Coordination shall be established.

Article 14.-

The human resources currently working in the Project Coordination Office and the National Climate Change Directorate (DNCC), of the Ministry of Natural Resources and Environment, must be subjected to an evaluation process. The financing for the labor liabilities of the human resources submitted to this process who are not evaluated positively or whose services are not required by the new institutional structure, shall be covered and prioritized by the available balances of its budget.

Article 15.-

Within the first sixty (60) days counted from the date of publication of this Decree, OPEV shall present a diagnostic of needs, gaps and financing opportunities in matters of its competence, for management before the international community.

Article 16.-

This Executive Decree enters into force as of the day of its publication in the Official Gazette "La Gaceta". Given at Presidential House, Tegucigalpa, municipality of the Central District, on the twenty-second (22) day of the month of November of the year two thousand nineteen (2019). BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNANDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC MARTHA VICENTA DOBLADO ANDARA SECRETARY OF STATE IN THE OFFICE OF GENERAL COORDINATION OF GOVERNMENT, BY LAW. 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 RELATIONS AND INTERNATIONAL COOPERATION MARÍA ANTONIA RIVERA PRESIDENTIAL APPOINTEE, IN CHARGE OF THE 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 CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY. MAURICIO GUEVARA PINTO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK ROCIO IZABEL TABORA MORALES 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) GABRIEL ALFREDO RUBÍ PAREDES SECRETARY OF STATE IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES

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Notes

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