Ministerial Agreement 305-A-SEDESOL-2024

This regulation aims to develop the provisions established for compliance with the reparatory measures set forth in Executive Decree PCM-17-2022, in the sense of establishing the procedures as well as the requirements for the allocation, execution, and liquidation of funds allocated to the "Social Program for Assistance to the Families of the Martyrs of the Honduran Resistance", among other administrative provisions.

The Secretariat of State in the Office of Social Development, through the Social Care Unit, is responsible for managing and facilitating access to social rights and services of the "Social Program for Assistance to the Families of the Martyrs of the Honduran Resistance".

For purposes of this regulation, the following shall be understood as:

• a)

  Program: The "Social Program for Assistance to the Families of the Martyrs of the Honduran Resistance". This program is part of an administrative reparations mechanism, created in compliance with the State's obligation to guarantee comprehensive reparation to victims of grave Human Rights violations. In contexts of systematic, grave, and prolonged violations, States may establish reparation programs that offer affected persons access to expedient and effective mechanisms.

• b)

  Material Reparation: Material reparation aims to restore, to the extent possible, the living conditions of the victims or their relatives, contributing to their well-being and acknowledging the harm inflicted upon them. This typically includes access to rights or social services.

• c)

  Economic Reparation: It consists of granting victims monetary compensation for the damage suffered, considering all losses that can be evaluated economically. This includes, among others: physical or mental harm; loss of opportunities, especially in employment, education, and access to social benefits; material damage; and loss of income, encompassing both direct damage and lost profits.

• d)

  Reparation Holders: For purposes of this regulation, reparation holders are the relatives of victims of extrajudicial execution "martyrs of the Honduran resistance" who have been formally accredited by the State through the Secretariat of Human Rights as beneficiaries of the administrative reparations program.

• e)

  Regulation: It is the set of provisions contained in this document, which establishes the processes for technical and financial administration of the program through the Social Care Unit. CHAPTER II OF THE FUNDS

The funds necessary for the operability and management of reparation measures shall come from various sources of financing such as: the National Treasury of the Republic of Honduras, national private entities, international humanitarian aid agencies, and international human rights organizations.

In order to ensure immediate availability for the allocation of material reparation measures, a percentage of the funds or all of them shall be deposited or transferred to the National Agricultural Development Bank (BANADESA), unless the particularity of the case warrants otherwise; the decision in this regard shall correspond to the Secretary of State in the Office of Social Development (SEDESOL). CHAPTER III OF THE COMPONENTS OF THE "SOCIAL PROGRAM FOR ASSISTANCE TO THE FAMILIES OF THE MARTYRS OF THE HONDURAN RESISTANCE"

The program contemplates the following types of material reparation, oriented toward the restitution of rights and compensation for the damage suffered by the relatives of the victims: 1. Economic Reparation: With prior authorization from the highest authorities and in accordance with budgetary availability, any of the following modalities of economic compensation may be granted to the relatives of the victims: a. Single Payment: This measure consists of the delivery of a single economic amount to the families of direct victims. The amount is uniform for all families, avoiding any type of differentiation that could underestimate or hierarchize the suffering or particular effects of each case. Likewise, this total amount may be divided among all family members who have been accredited, provided that the Secretariat of Human Rights determines so and without exceeding the previously assigned value. b. Monthly Pension: It is a recurring payment delivered monthly to the families of accredited victims. The total amount shall be equivalent to the single payment, distributed in monthly installments. 2. Study Grant: The program contemplates the awarding of educational scholarships to the relatives of the victims. These scholarships may be awarded annually or monthly, in accordance with budgetary availability and upon presentation of required documentation. 3. Health/Psychological Care: Victims have the right to receive comprehensive rehabilitation for health reasons, physical and psychological damage suffered. This essential component for reparation may be provided by the social care unit, through a specific economic allocation, or through outsourcing of services offered by competent and qualified entities for such purpose. 4. Adequate Housing: This component has as its main objective improving the living conditions of beneficiary families, promoting their well-being and guaranteeing the exercise of the right to adequate housing. For its implementation, the following modalities are established: 4.1 Access to Housing: Provision of adequate housing under the responsibility of competent public institutions, in strict compliance with the criteria and standards established by current regulations. 4.2 Economic Allocation: Granting of a single amount, destined exclusively to: ● Improvements in infrastructure and essential services of housing, aimed at guaranteeing dignified living conditions, and/or. ● Acquisition of essential household items, necessary to ensure functionality, comfort, and adequate conditions in beneficiary homes. 5. Access to Justice: Legal advice and technical support shall be provided to the families of the victims to facilitate access to justice and reparation mechanisms. Likewise, legal advice, assistance, and accompaniment shall be provided to carry out necessary procedures and proceedings that families request. 6. Employment: Priority inclusion of beneficiaries in employment opportunities within the public administration shall be promoted, considering available vacancies and compliance with requirements established for each position.

The amounts established for material reparation measures involving monetary allocations shall be granted in accordance with the program's budgetary availability, with the following maximum limits:

• •

  Economic Reparation: Up to one hundred thousand lempiras (L 100,000.00) for single payment.

• •

  Study Grant: Up to twenty-four thousand lempiras (L 24,000.00).

• •

  Medical and/or Psychological Care: Up to fourteen thousand lempiras (L 14,000.00).

• •

  Adequate Housing: Up to fifty thousand lempiras (L 50,000.00). In response to the needs expressed by the program's beneficiary families, the assigned budget may be redistributed among the different components, prioritizing those that respond to the specific needs of each family. This redistribution must be carried out without exceeding the total budget initially approved. CHAPTER IV OF THE PROCESS FOR MANAGING REPARATION MEASURES

The relatives belonging to the core family nucleus of direct victims shall be accredited, where applicable, by the Secretariat of Human Rights, in accordance with the criteria and requirements established by that institution. In this process, that institution shall evaluate and accredit applicants as beneficiaries of reparation measures. The accreditation shall be formalized through the issuance of a certification and the delivery of the corresponding identification card.

Once accreditation has been completed, cases shall be referred from the Secretariat of Human Rights to the Secretariat of Social Development. Through the Social Care Unit, direct communication shall be established to manage the corresponding reparation measures.

Once relatives are accredited as reparation holders, the management of the requested measures shall proceed, in accordance with budgetary availability and presentation of the following requirements: 1. Mandatory Documents:

• •

  Copy of the applicant's National Identity Document.

• •

  Original Birth Certificate of the applicant.

• •

  Copy of the identification card that accredits the status of holder of rights.

• •

  Copy of the accreditation certificate as a reparation holder, issued by the Secretariat of Human Rights (SEDH).

• •

  Death Certificate, cemetery certification, or any other document that accredits the death of the direct victim.

• •

  Bank savings account 2. Specific Requirements by Type of Request: a) Study Grant: Applicants shall present:

• •

  Birth certificate of the scholarship beneficiary(ies)

• •

  Certificate of studies or current enrollment and/or

• •

  Grade slip or academic record b) Housing Improvements: Applicants shall present:

• •

  Photographs of the current housing and area to be improved.

• •

  Quotation of materials and/or household items necessary for improving living conditions. 3. Provision of Health Services and Psychological Care: If beneficiaries cannot be enrolled in the System of the Honduran Social Security Institute, the provision of these services shall be conducted through the contracting of external providers, selected through a bidding and award process that follows the established administrative procedures. If there is no contracted provider with proper authorization from competent authorities, funds may be directly allocated to families as a subsidy to cover these services. In that case, applicants shall present the following documentation: a) Health Services:

• •

  Medical certification that accredits the illness or health condition; and/or,

• •

  Proof of purchase of medications or proof of medical appointments. b) Psychological Care:

• •

  Request for support for psychological care expenses. Likewise, should families request it, psychological care may be provided free of charge by mental health professionals of the Social Care Unit.

The Social Care Unit, in coordination with the Administrative Management, shall be responsible for carrying out the process of liquidating the funds allocated for reparation measures directed at the relatives of the victims. To do so, the following procedure must be followed: 1. Management and Request for Fund Transfer: The Social Care Unit in coordination with the Administrative Management shall carry out the necessary internal administrative procedures to manage the transfer of funds from the social program destined for the families of the martyrs of the Honduran resistance, ensuring compliance with the procedures established by internal regulations. 2. Signature and Reception of Delivery Certificates: Once funds are awarded, the signature and reception of the corresponding delivery certificates shall proceed, which shall document the delivery of reparation measures to beneficiaries. 3. Signature of Commitment Act by Beneficiaries: When funds are allocated for a specific purpose, such as study grants, housing improvements, psychological care, or health services, beneficiaries shall sign a commitment act in which they commit to using the resources exclusively for the intended purposes. 4. Preparation and Submission of Liquidation Report: Upon completion of the delivery process, the Social Care Unit shall prepare and submit a detailed liquidation report to the Administrative Management. This report must include an itemization of funds used and supporting documentation. CHAPTER VI FINAL PROVISIONS

This Ministerial Agreement shall enter into force immediately upon its signature and must be published in the Official Gazette. Given in the city of Tegucigalpa, municipality of the Central District on the twenty-first (21st) day of the month of October of two thousand twenty-four (2024). COMMUNICATED AND PUBLISHED. LIC. JOSÉ CARLOS CARDONA ERAZO Secretary of State in the Office of Social Development ABG. RUSSLAN YUPANKY ESPINAL SÁNCHEZ General Secretary Customs Administration of Honduras