Decree No. 51-2020, Special Law for Support of Honduran Migrants within the Framework of the COVID-19 Health Crisis, through the Repatriation of Cremated Human Remains of Hondurans Who Have Died Abroad
Congreso Nacional
- Decree: 51-2020
- Published: May 18, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,256
- Category: International & Treaties
Summary
This law allows Honduras to repatriate the cremated remains of Hondurans who died abroad during the COVID-19 pandemic. It provides emergency financial assistance to migrant families to cover cremation and burial expenses, and supports non-governmental organizations helping migrants. The measure is temporary and valid only while the health crisis lasts.
Considerations
Whereas it is a constitutional obligation of the State to create conditions that guarantee access to constitutional rights and fundamental services for the national population;
Whereas the World Health Organization (WHO) declared the spread of the Coronavirus epidemic (COVID-19) as a pandemic of high dangerousness due to the speed of its expansion and the high impacts on the health, life and well-being of persons and their families throughout the planet;
Whereas the crisis caused by the COVID-19 pandemic has only made the repatriation of bodies of Hondurans who died abroad more critical, has increased demand for the service and created new conditions of contagion; the measures of internal and external isolation adopted by countries have increased this difficulty and there are many Honduran families who suffer prolonged anguish as a result, for which there is no certain or immediate response;
Whereas the cremation of human remains is presented for now as a viable alternative to facilitate the repatriation of bodies of Hondurans who died abroad, given that it eliminates contamination conditions and other factors including costs that currently hinder this activity of public order and international law;
Whereas a large part of Hondurans abroad live in precarious economic conditions and that due to their undocumented status they are not subjects of assistance decreed by the governments of the countries that have received them and are supported by non-governmental organizations created for this purpose and that, due to current health conditions throughout the world, with their limited and sometimes personal resources, are attending to some needs of our fellow citizens, such as: food, medicines, shelter, transportation, etc.
Whereas 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, reform, repeal and interpret laws;
Articles
The repatriation of previously cremated remains of Hondurans who died abroad is hereby authorized. The Secretariat of State for Foreign Affairs and International Cooperation must proceed to establish the framework of procedures for compliance with this provision, making the proper correlation with respect to public international law and the corresponding consular handling applicable in each country, in such a manner that the process of repatriation and burial of human remains under this legislative decree respects the corresponding legal provisions in accordance with the procedures established in the Special Cremation Law in Honduras.
From the budget established in Article 29 of the Law for the Protection of Honduran Migrants and their Families, expedited economic support must be provided to Hondurans abroad who, due to the COVID-19 crisis, have only two (2) weeks to carry out such process, in order to claim their deceased relatives and to carry out procedures for body removal, cremation, or burial. The Secretariat of State for the Ministry of Finance may incorporate budget into the Solidarity Fund for the Honduran Migrant (FOSMIH), referred to in the preceding Article, in accordance with the financial need presented by the Secretariat of State for Foreign Affairs and International Cooperation, based on the number of Honduran deaths abroad due to COVID-19, whose remains require repatriation.
The Secretariat of State for Foreign Affairs and International Cooperation shall establish the framework of assistance to families of migrants, in accordance with the provisions of the Law for the Protection of Honduran Migrants and their Families. Likewise, they shall establish through publications the procedures for accessing the benefits provided by this law.
The Secretariat of State for Foreign Affairs and International Cooperation shall establish the framework of support to Non-Governmental Organizations abroad in accordance with the provisions of the Law for the Protection of Honduran Migrants and their Families. Likewise, it must establish through procedures for accessing the benefits of this law.
The measures established in this Decree shall be in effect during the duration of the COVID-19 crisis, decreed by the Executive Power.
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the City of Tegucigalpa, municipality of the Central District, held in Virtual manner, on the Fourteenth day of the month of May of two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., May 18, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE FOR FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION LISANDRO ROSALES
Related laws
- Special Law Supporting Honduran Migrants in the Context of COVID-19 — This law allows the repatriation of cremated remains of Hondurans who died abroad during the COVID-19 pandemic. It benefits families of migrants who need to bring their deceased relatives to the country, providing government financial support to cover the costs of procedures, cremation, and burial in Honduras. (Decree 51-2020, 2020)
- Executive Decree PCM-040-2020 by which the measures of restriction on fundamental rights are extended — This decree extends for 7 more days the restriction of fundamental rights in Honduras due to the COVID-19 pandemic, limiting freedoms such as circulation, assembly, and demonstration. It affects all citizens and aims to contain virus spread while Congress decides whether to ratify or reject it. (Decree 40-2020, 2020)
- Special Law on Economic Acceleration and Social Protection in Response to the Effects of COVID-19 — This law authorizes special measures to protect public health and reactivate the economy during the COVID-19 pandemic. It gradually increases funding for public health services, allows expedited direct contracting of public works and medical equipment, facilitates debt refinancing for businesses, authorizes remote work, and supports small businesses through direct government purchases. (Decree 31-2020, 2020)
- PCM-15-2022 — This decree approves the Medium-Term Macro Fiscal Framework (MMFMP) 2023-2026, a plan that establishes economic and fiscal projections for the country for the coming years. It affects all citizens by defining how the government will manage its spending and revenue, with objectives of reducing poverty, generating employment, and maintaining responsible fiscal stability. (Decree PCM-15-2022, 2022)
- Decreto Legislativo No. 31-2020 — Ley Especial de Aceleración Económica y Protección Social frente a COVID-19 — This law enables the government to accelerate the economy and protect the population during the COVID-19 crisis. It authorizes direct hiring without bidding for works, medicines, and health services; funds the public health system; facilitates loans to small and medium businesses; authorizes remote work; and requires transparency and periodic reports on how funds are used. (Decree 31-2020, 2020)