Modification of the Suppression of Public Administrative Bodies 2014
Poder Ejecutivo
- Decree: 03-2014
- Published: February 28, 2014
- Issuing body: Poder Ejecutivo
- Category: Administrative
- Type: Other
Summary
This decree reorganizes the Honduran public administration by merging several institutions under the Secretary of Social Development and Inclusion, including programs for seniors, people with disabilities, youth, indigenous peoples, and families in poverty. It aims to reduce administrative costs, improve coordination of social services, and strengthen government transparency.
Considerations
That the Constitution of the Republic establishes in its article 245 numeral 20), that the President of the Republic may decree extraordinary measures in economic and financial matters when the national interest so requires, and must report to the National Congress.
That by means of Executive Decree PCM-008-2012, the President, gathered in Council of Ministers approved the Social Protection Policy, which has as its objective to gradually and progressively generate social conditions that contribute to personal and collective well-being, as well as to the enhancement of skills and capacities for the full exercise of the rights of persons in situations of poverty, extreme poverty, vulnerability, exclusion and social risk, in order to create and expand their opportunities for generating well-being and family and collective wealth achieving their active inclusion in society.
That by means of Decree No. 266-2013, of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthening Transparency in Government, which modifies the competence of the Secretariat of Social Development and designates it as the Secretariat of State in the Office of Development and Social Inclusion in accordance with the provisions of Article 29 of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthening Transparency in Government, whose new competencies are: "That which concerns the formulation, coordination, execution, and evaluation of Public Policies in matters of Development and Social Inclusion, poverty reduction: as well as the planning, administration and execution of Programs and Projects that derive from those policies, and those directed to vulnerable groups and those oriented to children, youth, indigenous peoples and Afro-Hondurans, persons with disabilities and persons with special needs, and older adults".
That it is necessary to rationalize current spending to increase social investment and improve mechanisms of social compensation.
That it is necessary to modernize state contracting and strengthen mechanisms of transparency, administration, execution and accountability.
Articles
The rationalization of the institutional structure and public spending of the Public Administration has the following objectives: 1. To ensure the adequate design of its plans, set objectives and goals, efficient and effective execution of allocated resources, ensure coordination between state bodies and activities. 2. The planning, administration, execution and liquidation of current spending, programs and projects. 3. To monitor, control and evaluate the results achieved. 4. To achieve greater integration and coordination of institutions and programs in the Social sectors, in order to contribute to efficient provision of public services to the population. 5. To promote and supervise fiscal sustainability and efficient use of budget transfers to municipal governments and other Non-Governmental Organizations. REORGANIZATION OF THE SOCIAL SECTOR
Reform Executive Decree PCM-012-2011, in its Article 87-B, so that it reads as follows: "for the exercise of its functions, the State Secretariat in the Office of Development and Social Inclusion in accordance with what is established in Article 29 of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government, shall have the Under-secretariat of Social Inclusion Policies, the Under-secretariat of Social Integration and the Under-secretariat of Management of the Better Life Program, which shall act under the coordination of the State Secretary, who shall be responsible for planning, budget allocation, execution and accountability of current spending that entails the effective and efficient performance of its general and specific functions, as well as administrative and operational activities, within the competence of this State Secretariat." To ensure coordinated execution, monitoring and evaluation of programs, projects and components financed with national funds and/or external funds executed by this State Secretariat, on the basis of commitments established in the respective agreements signed with international cooperation organizations, national legislation and the framework of actions derived from the Paris and Rome Declarations and the Accra Action Plan, regarding the alignment and harmonization processes of International Cooperation in relation to international priorities, the Unit for Administration of Projects and Programs (UAPP) shall be created under the direction of the State Secretariat in the Office of Development and Social Inclusion, placing under this unit all the administrative units currently operating in the institutions merged into this State Secretariat; whose functions and structure shall be developed in the Internal Regulations of Organization and Functions of this State Secretariat. The State Secretariat in the Office of Development and Social Inclusion shall be in charge of Administrative and Financial Management of programs and projects financed with national and external funds that are allocated to it by the President of the Republic, as well as compliance with the conditionalities established in external cooperation agreements. The Community Development Units Programs (UDECO) and the Healthy Schools Program (PES) are part of the State Secretariat in the Office of Development and Social Inclusion. To ensure the formulation, coordination, execution, and evaluation of social programs, the necessary Directorates shall be established to execute efficiently and effectively what is within the framework of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government.
The following Institutions, Programs and Directorates are merged under the State Secretariat in the Office of Development and Social Inclusion: the General Directorates of the Elderly and Persons with Disabilities, both dependent on the former Secretariat of Interior and Population (SEIP), the National Institute of Youth (INJ), State Secretariat in the Offices of Indigenous and Afro-Honduran Peoples (SEDINAFROH), and the Family Allowance Program (PRAF), all functions assigned to such entities shall be performed by this State Secretariat, which shall absorb its assets, budgets, movable and immovable property, tangible and intangible (bank accounts, accounts receivable, concessions, commercial credits in general) and other charges within the stated category. The Secretariat of Finance is urged to ensure that tangible and intangible liabilities and labor benefits, where applicable, are paid through the General Budget of the Republic. Likewise, the Executive Decrees Creating the Institutions, Programs and Directorates previously mentioned are hereby repealed. SPECIAL AND GENERAL PROVISIONS
The Institutions of the Central Administration, Deconcentrated, Decentralized, Directorates, Programs and Projects that are under merger processes in charge of the respective State Secretaries, shall act under the approval of the Coordinator of the respective Sectoral Cabinet, these mergers and institutional integrations must include in coordination with the Secretariat of Finance all those budgetary modifications, which must be aligned with annual operational plans and Government results. The Secretariat of Finance is authorized to make the corresponding ceiling readjustments and budgetary modifications in accordance with what is established in this Article.
Personnel transferred to the State Secretariats as a consequence of the merger made through the application of Article 29 of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government in the different State Secretariats, must be evaluated by the corresponding State Secretariat in order to determine their suitability for the new position. Personnel that is found to be redundant, supernumerary or unfit for the performance of activities as a consequence of institutional merger, shall have their appointment canceled respecting their acquired rights and benefits in accordance with applicable legislation, for which the State Secretariat in the Office of Finance is instructed to make the budget provision and corresponding payment taking into account any means of payment permitted by Law.
All restructurings and institutional transformations established in Article 29 of the Law to Optimize Public Administration, Improve Services to Citizens and Strengthen Transparency in Government and this Decree, must be carried out no later than ninety (90) days from the entry into force of this decree.
All normative provisions of the same rank as this Executive Decree that are opposed to it are hereby repealed.
This Decree is for immediate execution and must be published in the Official Gazette "La Gaceta". Given in Tegucigalpa, municipality of the Central District, on the third day of the month of February of two thousand fourteen. JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC JORGE RAMON HERNANDEZ ALCERRO SECRETARIAT OF GENERAL COORDINATION OF GOVERNMENT REINALDO SANCHEZ SECRETARIAT OF THE PRESIDENCY RIGOBERTO CHANG CASTILLO SECRETARIAT OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION MIREYA AGÜERO SECRETARIAT OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION LISANDRO ROSALES SECRETARIAT OF DEVELOPMENT AND SOCIAL INCLUSION ALDEN RIVERA MONTES SECRETARIAT OF ECONOMIC DEVELOPMENT ROBERTO ORDOÑEZ W. SECRETARIAT OF INFRASTRUCTURE AND PUBLIC SERVICES ARTURO CORRALES SECRETARIAT OF SECURITY SAMUEL REYES SECRETARIAT OF DEFENSE EDNA YOLANY BATRES SECRETARIAT OF HEALTH MARLON ONIEL ESCOTO VALERIO SECRETARIAT OF EDUCATION CARLOS MADERO SECRETARIAT OF LABOR AND SOCIAL SECURITY JORGELOBO SECRETARIAT OF AGRICULTURE AND LIVESTOCK JOSE GALDAMEZ SECRETARIAT OF NATURAL RESOURCES, ENVIRONMENT AND MINES WILFREDO CERRATO RODRIGUEZ SECRETARIAT OF FINANCE
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- Law for the Optimization of Public Administration, Improvement of Services to Citizens and Strengthening of Government Transparency — This decree establishes the functions and structure of Honduras' State Secretariat for Tourism. It creates two sub-secretariats: one for Planning, Management and Investment, and another for Promotion and Marketing. The law allows the government to coordinate tourism policies, attract investments, and promote national destinations abroad to boost the country's economic development. (Decree 266-2013, 2019)
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