Agreement-SDN-049-2025
- Decree: SDN-049-2025
- Published: April 7, 2025
- Gazette: 36,810
- Category: Environmental
Summary
This law establishes and regulates the Environmental Ecosystem Management Support Command (CAMEA), a specialized military unit that protects forests, combats deforestation, forest fires, and illegal wildlife trafficking. It affects Armed Forces members assigned to this unit and citizens who commit environmental crimes, aiming to preserve Honduras' natural resources.
Considerations
Whereas Article 272 of the Constitution of the Republic establishes "The Armed Forces of Honduras are a permanent national institution, essentially professional, apolitical, obedient and non-deliberative. They are instituted to defend the territorial integrity and sovereignty of the Republic, maintain peace, the rule of the Constitution, the principles of free suffrage and alternability in the exercise of the Presidency of the Republic".
Whereas Article 274 of the Constitution of the Republic establishes "The Armed Forces shall be subject to the provisions of their Constitutional Law and to the other laws and regulations that govern their functioning. They shall cooperate with the State Secretariats and other Institutions, at their request, in literacy, education, agriculture, environmental protection, road infrastructure, communications, health and agrarian reform work".
Whereas Article 340 of the Constitution of the Republic establishes "The technical and rational exploitation of the natural resources of the nation is declared to be of public utility and necessity. The State shall regulate their use in accordance with the social interest and shall establish the conditions for their granting to private parties. The reforestation of the country and the conservation of forests are declared to be of national convenience and collective interest".
Whereas the American Convention on Human Rights establishes "The right to life, personal integrity and health, recognized in Articles 4, 5 and 26, respectively, are closely related to the protection of the environment; in the sense that environmental contamination and other damage to the environment can negatively affect these rights and that States have the obligation to protect, prevent and remedy such damage".
Whereas the State's commitment to environmental protection is closely aligned with several of the Sustainable Development Goals (SDGs) established by the United Nations, specifically SDG number 15 which literally establishes: Life of Terrestrial Ecosystems aims to "Protect, restore and promote the sustainable use of terrestrial ecosystems, manage forests sustainably, combat desertification, halt and reverse land degradation and halt the loss of biodiversity".
Whereas Article 36 of the General Law of Public Administration establishes the common powers and duties of State Secretaries, within which it makes specific reference to 6). "Issue the internal organization regulations of their respective offices".
Whereas by Legislative Decree 41-2011 dated the eighteenth (18) of May of two thousand eleven (2011), the Command for Support to Ecosystem and Environment Management is created within the organic structure of the Armed Forces, ordering in the final paragraph of Article four (4) of the aforementioned decree the formulation of a regulation for the purpose of compliance with its responsibilities, formulated by the competent body of the Armed Forces of Honduras jointly with the Institute for Forest Conservation, Protected Areas and Wildlife.
Whereas deforestation and forest fires in our country are phenomena that considerably affect the environment, excessively deteriorating soils, which generates social risk during rainy seasons causing disasters due to landslides, floods and other aspects that harm people's lives and slow down national development.
Whereas environmental impact constitutes a predominant factor for the phenomenon of climate change that is affecting the planet in general and in particular the most vulnerable nations, among which our country is found; for which reason it is necessary to take measures for the protection of the environment, forests, wildlife and nature; in order to reduce forest felling, control forest fires as much as possible and determine the responsibilities of those who violate the laws on the matter.
Articles
This Regulation is mandatory and of general application to all members of the Armed Forces, State Institutions and citizenry in general, especially to personnel of the Command for Support of Ecosystem and Environmental Management, by its acronym 'CAMEA', dependent on the Joint Chiefs of Staff Office, as a Special Command with its organic units, and in coordination with the different Forces and Special Commands engaged throughout the national territory that execute tasks in Support and Follow-up, in the supervision and monitoring of environmental activities.
This Regulation has as its purpose to regulate and determine the functioning of the Command for Support of Ecosystem and Environmental Management, in accordance with the provisions contained in Legislative Decree No. 041-2011, published in the Official Newspaper La Gaceta No. 32,552 dated June 27, 2011.
The scope of action of the Command for Support of Ecosystem and Environmental Management shall be at the national level, being able to form the environmental protection units it deems necessary, in order to guarantee effective compliance with the missions entrusted in support of the governing and responsible institutions for the administration of natural resources in the country. It shall work in a coordinated manner with the Institute of Forest Conservation, Protected Areas and Wildlife (ICF), the State Secretariats in the areas of Natural Resources and Environment (SERNA); and, Agriculture and Livestock (SAG), as well as the Autonomous National Service of Aqueducts and Sewage Systems (SANAA), the Permanent Commission on Contingencies (COPECO), Fire Department, Municipalities, Public Ministry and other pertinent entities, within the framework of the Law of Country Vision and Plan of Nation.
Definitions. For the purposes of the application and interpretation of this Regulation, the following concepts are defined:
- a)
BPA: Environmental Protection Battalion.
- b)
CAMEA: Command for Support of Ecosystem and Environmental Management.
- c)
FFAA: Armed Forces of Honduras.
- d)
ICF: Institute of Forest Conservation and Wildlife. CHAPTER II PERSONNEL
Persons meeting the requirements established in the Personnel Law for Members of the Armed Forces and its Regulation, as well as in the other laws and regulations that govern the functioning of the Armed Forces of Honduras, whose compliance is mandatory, may enter the Command for Support of Ecosystem and Environmental Management.
It is the authority of the Joint Chiefs of Staff Office through the Directorate of Human Resources (C-1) to appoint the Officers, Non-Commissioned Officers, troops and auxiliary personnel that will form part of the Command for Support of Ecosystem and Environmental Management.
Personnel assigned to the Command for Support of Ecosystem and Environmental Management shall be constantly trained with the purpose of providing them with different degrees of professionalization for their performance in civilian life, once they have retired from the armed service. CHAPTER III POWERS
The functions of the Command for Support of Ecosystem and Environmental Management shall be the following: a. The application of laws related to environmental protection. b. To ensure strict compliance with legal and administrative provisions issued in the forestry, environmental and conservation of protected areas and wildlife scope. c. To execute preventive, combative and remedial measures to prevent damage to natural resources from fires, plagues and forest diseases, debris removal, illegal extraction of forest products, illegal hunting, occupation of public forest lands and any other illicit activity, activities or actions that lead to crimes by organized crime; for which close coordination shall be maintained with technical personnel from the Institute of Forest Conservation, Protected Areas and Wildlife (I.C.F.), the State Secretariat for the Offices of Natural Resources and Environment (SERNA), the State Secretariat for the Offices of Agriculture and Livestock (SAG), the Autonomous National Service of Aqueducts and Sewage Systems (SANAA), Public Ministry and other pertinent institutions. d. To inform the general citizenry about legal provisions in the conservation of natural resources and environmental protection and any other information related to its functions. e. To support the development of social and environmental programs and projects. f. To develop training and awareness activities in communities for the protection and conservation of natural resources and biodiversity. g. To combat the illegal trafficking and commercialization of plant and animal species, without limitation to threatened species and those in danger of extinction. h. To maintain custody and deposit plant and animal species, recovered and illegally commercialized, to collection or rescue centers authorized by the Public Ministry and by the State Secretariat for the Offices of Natural Resources and Environment (SERNA) for such purpose. i. To collaborate with any entity, institution or public or private organization of national or international character with competence in the management of natural resources. j. To apprehend and detain persons implicated in illicit actions that threaten the environment, and to remit to the competent authorities, the instruments, the effects of the crime and pieces of evidence for due processing. k. In case of flagrante delicto, to execute the capture of the offender and place him at the disposal of the competent authority. To carry out checkpoints with the objective of conducting personal searches and vehicle inspections, in accordance with articles 206, 207 and 208 of the Criminal Procedure Code, in order to prevent illegal trafficking in wood, flora and fauna. l. To collaborate in the prevention and repression of environmental crime, on the basis of reciprocity, with international organizations in accordance with agreements signed by the country. m. Any other function that the highest authority orders and/or that is necessary to preserve and ensure the perpetuity of natural resources in the country.
The Command for Support of Ecosystem and Environmental Management may participate in raids or domiciliary searches in zones or areas declared as protected under any category, in accordance with article 212 of the Criminal Procedure Code, as well as to provide security and support in the execution of neutralizing measures ordered by the competent judges.
The Command for Support of Ecosystem and Environmental Management shall provide to the judicial authorities the assistance of the public force that they request in the exercise of their powers; furthermore, it shall collaborate with the Public Ministry, Office of the Attorney General of the Republic, Institute of Forest Conservation in the investigation of environmental crimes when so requested. It may also provide administrative authorities the assistance of the public force that they request in the exercise of their powers, upon prior written request.
In the performance of its functions, the Command for Support of Ecosystem and Environmental Management shall act in observance and respect for human rights, constitutional rights and guarantees and cultural values proper to the communities where they conduct their operations. CHAPTER IV TRAINING
The Command for Support of Ecosystem and Environmental Management shall have a professional development system for all personnel, aimed at obtaining, complementing, updating and perfecting their knowledge, skills and aptitudes, which shall be adapted to the needs of preventing climate change and conserving the environment, as well as to the fulfillment of the other functions entrusted to it by the Constitution of the Republic, laws and military regulations.
The Command of the Command for Support of Ecosystem and Environmental Management shall be authorized to plan and conduct training courses and courses aimed at the formation of environmental soldiers, and in the same manner may grant to the personnel participating in them, the corresponding technical and professional diplomas, validated by the corresponding educational entities in the manner determined by law.
The Armed Forces of Honduras may grant to personnel assigned to the Command for Support of Ecosystem and Environmental Management scholarships for national or foreign studies, if the training or improvement activities contemplated in the training programs include the conducting of certain courses that due to their complexity cannot be taught by the Institution; provided that the requirements and provisions of the Scholarship Regulation for Members of the Armed Forces of Honduras are met.
Professional training shall comprise all training aimed at specializing or improving the knowledge and skills of personnel assigned to the Command for Support of Ecosystem and Environmental Management. The State Secretariat for the Office of National Defense shall institute within the training units of the Armed Forces or through the Defense University of Honduras the Diplomas, courses, seminars and other training in Environmental Matters, with which it shall professionalize the personnel of the Command for Support of Ecosystem and Environmental Management, for the purpose of compliance with article 8 of Legislative Decree 41-2011 and to provide different degrees of professionalization to them, for their performance in civilian life, once they have retired from the armed service. For the aforementioned purposes, the commander of the Command for Support of Ecosystem and Environmental Management may enter into agreements with public or private institutions, national or foreign, with prior authorization from the Joint Chiefs of Staff Office.
Personnel shall, prior to being assigned to the Command for Support in the Management of Ecosystems and Environment, be required to pass the Integrated Basic Training Course for Soldiers (CABIS) and the specialization in environmental soldier. CHAPTER V USE OF FORCE
The Command for Support in the Management of Ecosystems and Environment shall make lawful use of force or coercive instruments in a proportional, non-lethal manner and only when other non-violent procedures have been exhausted or have failed under the following circumstances: a. To enforce the decisions and orders of judges and other authorities. b. To prevent the imminent or actual commission of environmental crimes. c. To ensure the capture of the alleged offender. d. To ensure the restoration of public order and peaceful coexistence. e. To protect persons against imminent and serious dangers.
The Command for Support in the Management of Ecosystems and Environment, in order to restore and safeguard the security of persons and their property, shall employ the means authorized by the laws, regulations, and international agreements subscribed by Honduras and shall always choose those that are most effective and least harmful to the integrity of persons and their human rights in general. CHAPTER VI RIGHTS AND OBLIGATIONS
Personnel assigned to the Command for Support in the Management of Ecosystems and Environment has the right, as remuneration for their services, to the salary corresponding to their rank and other additional remuneration, bonifications, and incentives of a general and special nature as determined by the Secretaries of State in the Offices of Finance and National Defense at the proposal of the Chief of the Joint General Staff. Bonifications may be fixed as an additional, temporary, and non-taxable emolument since they do not constitute part of the salary, and Incentives may be military decorations and distinctions for their excellent performance in the fulfillment of the mission, whose granting shall be made in accordance with the respective regulation, as well as to enjoy special leave according to performance, which shall be subject to the consideration of the Commander and in strict adherence to the law.
Personnel assigned to the Command for Support in the Management of Ecosystems and Environment who, as a result of acts of service, suffer from illness or accident, shall receive their salary and other bonifications until the recovery of their health, in the manner prescribed in the current Military Laws and Regulations.
Personnel assigned to the Command for Support in the Management of Ecosystems and Environment shall have an additional collective life insurance policy; which shall be covered in its entirety by the Institution, and must be incorporated in the annual budget and may be modified in accordance with actuarial studies issued for this purpose. CHAPTER VII FINAL PROVISIONS
The Secretariat of State in the Office of National Defense, in coordination with the Secretariat of State in the Office of Finance, shall make the necessary provisions for each Fiscal Year, which shall be exclusively for its operation.
This Regulation 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, on the twentieth (20) day of March of the year two thousand twenty-five (2025). LET IT BE COMMUNICATED AND PUBLISHED. ABOGADA RIXI MONCADA GODOY SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE ABOGADA ELENA MICHELLE VALLECILLO FUENTES GENERAL SECRETARY OF THE SECRETARIAT OF STATE IN THE OFFICE OF NATIONAL DEFENSE
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