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February 28, 2018In force

Emergency State in Education

Poder Ejecutivo

  • Decree: 006-2018
  • Published: February 28, 2018
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,580
  • Category: Administrative
  • Type: Other

Summary

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This decree declares a State of Emergency throughout Honduras' public education system for one year to carry out urgent improvements to educational infrastructure. It authorizes several institutions (INSEP, IDECOAS, PRONADERS, and FHIS) to make direct contracts without competitive bidding for constructing, repairing, and maintaining schools and technical colleges. It aims to ensure education continues operating while these necessary works are completed.

Considerations

That in accordance with Article 245, numerals 2, 11, 19 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 and issue Regulations and Resolutions in accordance with the Law, as well as manage Public Finance.

That according to Article 11 of the General Public Administration Law, the President of the Republic is in charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able to act by himself or in Council of State Secretaries.

That in accordance with Article 26 of the Universal Declaration of Human Rights, it establishes that everyone has the right to education. Education must be free, at least as far as elementary and fundamental instruction is concerned. Elementary instruction shall be compulsory. Technical and professional instruction shall be generalized; access to higher education shall be equal for all, on the basis of their respective merits. Education shall be directed to the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations and all ethnic or religious groups.

That Article 13 of the International Covenant on Economic, Social and Cultural Rights prescribes that the States Parties to the present Covenant recognize the right of everyone to education. Education shall be directed toward the full development of the human personality and the sense of its dignity and must strengthen respect for human rights and fundamental freedoms. Education must enable all persons to participate effectively in a free society. Primary education shall be compulsory and available free of charge to all. Secondary education, in its different forms, including technical and professional secondary education, shall be generalized and made accessible to all, by every appropriate means and in particular by the progressive implementation of free education.

That Article 151 of the Constitution of the Republic determines that education is an essential function of the State for the preservation, promotion and dissemination of culture, which must project its benefits to society without discrimination of any kind.

That full and effective protection of the fundamental right to education can only be achieved through the increase and improvement of educational infrastructure and the reduction of obstacles that continue to prevent the optimal use of the existing system.

That Article 9 of the State Contracting Law establishes that one of the grounds for declaring a state of emergency is those exceptional circumstances that substantially affect the continuity or timely and efficient provision of public services.

That Article 63 of the State Contracting Law contemplates the circumstances under which Direct Contracting may be carried out, establishing among others the circumstance that the object of the contracting is to provide for the needs occasioned by a state of emergency under the terms established in Article 9 of the aforementioned Law.

Articles

Article 1.-

Declare a State of Emergency throughout the entire Public Educational System of the country including Higher Education Centers and Agricultural and Technical Schools, for a period of one (1) year, by virtue of the fact that it requires urgent structural and administrative modifications, especially with regard to the increase and improvement of educational infrastructure with the purpose of not affecting the continuity or the timely and efficient provision of public services in matters of education. ABOG. CÉSAR AUGUSTO CÁCERES CANO JORGE ALBERTO RICO SALINAS Coordinator and Supervisor Colonia Miraflores Telephone/Fax: Management 2230-4956 Administration: 2230-3026 Plant: 2230-6767 GOVERNMENTAL CIVIC CENTER

Article 2.-

Authorize the Secretary of Infrastructure and Public Services (INSEP), the Institute of Community Development, Water and Sanitation (IDECOAS), the National Program for Sustainable Rural and Urban Development (PRONADERS) and the Honduran Social Investment Fund (FHIS) so that they may conduct direct contracting for studies, construction, replacement, repair, expansion and/or maintenance of educational infrastructure, supervision, purchase of furniture and equipment and operational expenses, as well as the construction, replacement, repair and expansion and/or maintenance of any infrastructure works outside the facilities of an Educational Center to ensure its proper functioning, which shall be financed with funds from the Trust denominated Investments and Allocations (FINA), Telecommunications and Information Technology Investment Fund (FITT) and any other that said institutions have available or are assigned to them. The Contracts executed under this Decree shall require subsequent approval by the President of the Republic, issued by the responsible body, and must be sent within the following ten (10) business days to the Approval Agreement. For the corresponding legal purposes, this Decree must be communicated to the Superior Court of Accounts (TSC), within the period of ten (10) business days following its approval, through the Executive Secretariat of the Council of State Secretaries.

Article 3.-

This Executive Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, on the nineteenth (19) day of the month of February of the year two thousand eighteen (2018). BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERRO GENERAL COORDINATING SECRETARY OF GOVERNMENT EBAL JAIR DÍAZ LUPIAN SECRETARY OF STATE OF THE PRESIDENCY HÉCTOR LEONEL AYALA ALVARENGA SECRETARY OF STATE IN THE OFFICES OF JUSTICE, GOVERNANCE AND DECENTRALIZATION MARÍA DOLORES AGÜERO LARA SECRETARY OF STATE IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION REINALDO ANTONIO SÁNCHEZ RIVERA SECRETARY OF STATE IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION ARNALDO CASTILLO FIGUEROA SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO PINEDA RODRÍGUEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES, BY LAW JULIÁN PACHECO TINOCO SECRETARY OF STATE IN THE OFFICE OF NATIONAL SECURITY FREDY DÍAZ ZELAYA SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE OCTAVIO SÁNCHEZ MIDENCE SECRETARY OF STATE IN THE OFFICE OF HEALTH MARCIAL SOLIS PAZ SECRETARY OF STATE IN THE OFFICE OF EDUCATION CARLOS ALBERTO MADERO ERAZO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY SANTIAGO RUÍZ CABUS SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES FUENTES SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES, ENVIRONMENT AND MINES ROCÍO IZABEL TÁBORA 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

Notes

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