Assign Under the Secretariat of State for Energy, Natural Resources and Mines to the Honduran Forestry Commission and the National Institute of Geology and Mining
Poder Ejecutivo
- Decree: 042-2014
- Published: July 28, 2014
- Issuing body: Poder Ejecutivo
- Gazette: 33,490
- Category: Administrative
- Type: Other
Summary
This decree reorganizes Honduras' environmental administration by placing the Forest Institute (ICF) and the Geology and Mining Institute (INHGEOMIN) under the Department of Energy, Natural Resources and Environment. It creates two specialized sub-secretaries and protects the labor rights of transferred employees, aiming to improve the country's natural resource management and conservation.
Considerations
That the Country faces a variety of environmental challenges that are contributing to declining health levels, increasing vulnerability to natural disasters, increasing food insecurity and loss of biodiversity, which must be addressed by an institutional framework with the capacity to coordinate efforts to promote comprehensive management of the environment and natural resources.
That in the "Law for the Establishment of a Country Vision and the Adoption of a Plan of the Nation for Honduras", as well as the Government Program proposed by the current Administration in the "Plan for All for a Better Life", the dimension of the challenges that the Country must face in terms of environment and renewable and non-renewable natural resources is categorically recognized, for which an institutional modernization process has been proposed.
That to address this challenge, it is necessary to promote a comprehensive modernization process of the State Secretariat in the Departments of Energy, Natural Resources, Environment and Mines, aimed at improving the public services it provides, increasing transparency in institutional management, promoting citizen participation and simplifying procedures and processes, all oriented toward improving the relationship between Government and Civil Society.
That within the comprehensive modernization process of the State, the State Secretariat in the Departments of Energy, Natural Resources, Environment and Mines is tasked with ensuring the protection, conservation and use of the Country's strategic natural resources, through an environmental policy and management of natural resources that is transparent, comprehensive and sustainable, aimed at consolidating an inclusive, fair and equitable development model that contributes to improving the levels of social welfare and prosperity of the Honduran people.
That it corresponds to the President of the Republic, among other powers, to direct the general policy of the State, represent it, appoint and freely remove State Secretaries and Undersecretaries, administer public finances and issue extraordinary measures in economic and financial matters when the national interest so requires.
That the creation, modification or suspension of State Secretariats or Decentralized Bodies or Entities can only be done by the President of the Republic in Cabinet Council.
That the Executive Power requires an organizational structure that strengthens the fulfillment of both general and sectoral policies and objectives that satisfy the real needs of the Honduran people.
That through Executive Decree PCM-001-2014, the Honduran Institute of Geology and Mines (INHGEOMIN) and the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) were placed under the jurisdiction of the State Secretariat in the Departments of Energy, Natural Resources, Environment and Mines, No. 33,490.
Articles
To place under the Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines, the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) and the Honduran Institute of Geology and Mines (INHGEOMIN), as established in Article 24, second paragraph of PCM 001-2014, regardless of their assignment these agencies shall be governed within the framework of their own laws and in the organizational structure the level of authority they have is that of Direction. Both institutes depend on the State Secretary.
To create within the Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines, which may also be named MY ENVIRONMENT, two (2) Undersecretaries of State related to the following areas:
- 1)
Natural Resources and Environment;
- 2)
Energy and Mines.
The Secretary of State in the Offices of Finance is instructed to make budgetary modifications concerning the assignment of the institutions mentioned in Article 1) which are transferred to the Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines.
The personnel transferred to the Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines shall retain the modalities of the labor contracts they have executed, their labor and social rights that correspond to them according to the agency to which they belong. The labor relationship shall be governed by the applicable current provisions of the Republic of Honduras and the competent jurisdiction to hear such matters.
The personnel who prove to be redundant, supernumerary, or unfit for the performance of activities as a consequence of the institutional assignment, shall have their appointment terminated respecting their acquired rights and benefits in accordance with applicable legislation, for which purpose the Secretary of State in the Office of Finance is instructed to make the budgetary provision and corresponding payment taking into account any means of payment that is permitted by Law, as established in Article 5 of Executive Decree PCM-03-2014.
The Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines must prepare within a period of sixty (60) days, the internal regulations that determine the Administrative and Technical functioning of the Secretary of State. No. 33,490
All normative provisions of the same rank as this Executive Decree that contradict these provisions are repealed. As of the approval of this Executive Decree, the new structure and functioning of the Secretary of State in the Offices of Energy, Natural Resources, Environment and Mines is established, with the entities that compose it.
This Executive Decree shall enter into force as of the day of its publication in "La Gaceta", Official Gazette of the Republic. Given in Tegucigalpa, Municipality of the Central District on the sixteenth (16) day of the month of July of the year two thousand fourteen (2014). JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERRO SECRETARY OF GENERAL GOVERNMENT COORDINATION REINALDO ANTONIO SANCHEZ SECRETARY OF THE PRESIDENCY ALDEN RIVERA MONTES SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT REPUBLIC OF HONDURAS - TEGUCIGALPA, M. D. C, JULY 28, 2014
Related laws
- Executive Agreement 033-2022 authorizing the transfer of budgetary funds from the Honduran Institute of Tourism (IHT) to the National Institute of Statistics (INE) — The IHT transfers 2.5 million lempiras to the INE to conduct surveys on visitors and domestic tourism. This collaboration will enable reliable statistics to develop strategies that boost tourism as an economic engine and improve quality of life in Honduras.
- Decreto Legislativo No. 143-2021 — Reforma al Decreto No. 124-2021 sobre Sistema Penitenciario Nacional y reasignación de fondos para Centro Penitenciario Regional de San Pedro Sula (Decree 143-2021, 2022)
- Decreto Legislativo — Presupuesto General de Ingresos y Egresos de la República y normas de ejecución presupuestaria — This legislative decree approves the national budget for 2021 and establishes rules for its execution. It authorizes vehicle purchases for embassies, transfers money to municipalities for water, electricity and road works, and approves 50 million lempiras to build an oncology hospital. It also benefits market merchants by exempting them from 2020 rent and allows local governments to donate land to legalize public schools.
- General Law on the Electrical Industry — The General Law of the Electrical Industry (Decree 404-2013) modernizes Honduras' electrical sector by transforming the state-owned ENEE into three separate companies: generation, transmission-operation, and distribution. This law affects all electricity users and aims to improve the efficiency and quality of national electrical service. (Decree 404-2013, 2017)
- Acuerdo No. 040-2017 — Canon de tronconaje para los grupos agroforestales organizados (Decree 040-2017, 2018)