Creation of the Specialized Unit on Ecosystem and Environment Matters
Congreso Nacional
- Decree: 41-2011
- Published: June 27, 2011
- Issuing body: Congreso Nacional
- Gazette: 32,552
- Category: Environmental
Summary
This law creates a specialized unit of 2,000 environmental soldiers within the Armed Forces to protect forests, watersheds, and wildlife in Honduras. These soldiers will monitor and combat illegal logging, forest fires, poaching, and species trafficking, working with environmental agencies to reduce climate change and natural disasters.
Considerations
That deforestation and forest fires in our country are phenomena that considerably affect the environment, excessively deteriorating the soils, which generates social risk during rainy seasons when disasters occur from landslides, floods and other aspects that harm people's lives and delay national development.
That 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, the forest, wildlife and nature; in order to reduce forest felling, control forest fires as much as possible and clarify the responsibilities of those who violate the laws on the matter.
That since 2006 the Armed Forces through the Directorate of Ecological Support and Nature, now Command for Ecosystem and Environment Management Support, has been employed in the execution of operations to protect watersheds, conservation of flora and fauna, control of national parks, biological reserves, wildlife refuge, multiple use area, natural monuments and forest reserves in terrestrial and maritime space with the purpose of preventing illegal forest felling, controlling forest fires, reforesting damaged areas, preventing illegal exploitation of marine resources and developing awareness programs for the national population, and must employ part of its personnel in these activities.
That it is indispensable to have specialized personnel for the development of ecosystem protection work, for which reason it is necessary to have units made up to be trained and employed directly in these activities.
That Article 274 of the Constitution of the Republic attributes to the Armed Forces, among others, the mission of developing programs for the protection and conservation of ecosystems and, at the request of other institutions, conserving natural resources and protecting the environment.
It is within the power of the National Congress by constitutional authority to create, decree, interpret, reform and repeal laws.
It is an attribute of the National Congress to create or eliminate positions and declare honors and pensions for relevant services rendered to the Nation.
That the citizen Don Antonio Canelas Díaz has rendered great services to the Nation, projecting his country internationally, in his capacity as a writer and historian.
That in consideration of the foregoing recitals, it is appropriate to contribute to the support and relief of the difficult situation that the aforementioned citizen is experiencing.
Articles
To authorize the Executive Power through the State Department of the National Defense Office, for the creation of the Specialized Unit in the Matter of Ecosystem and Environment, which will have Two thousand (2,000) Environmental Soldiers.
The Command for Support of Ecosystem and Environment Management is a Specialized Unit for Support and Monitoring, in the supervision and monitoring of environmental activities. It shall be linked and assigned to the Joint Task Forces, dependent on the Headquarters of the Joint General Staff. It shall have competence at the national level and shall be invested with the necessary authority to fulfill its functions. They shall work in coordination with the Institute of Forest Conservation, Protected Areas and Wildlife (ICF), the State Departments in the branches of Natural Resources and Environment (SERNA); and, Agriculture and Livestock (SAG), as well as the National Autonomous Service of Aqueducts and Sewers (SANAA), the Permanent Contingency Commission (COPECO), Fire Department, Municipalities, Public Ministry and other relevant entities, within the framework of the Law of Vision of Country and Plan of Nation.
The Commands for Support of Ecosystem and Environment Management of the different branches of the National Army shall maintain a System of Control and Surveillance of Forest Resources, Protected Areas and Wildlife, everything related to the environment and biodiversity, in their designated areas and areas of influence, in coordination with the institutions indicated in the preceding Article.
The functions of the Commands for Support of Ecosystem and Environment Management shall be the following:
- 1)
The application of laws related to the protection of the environment;
- 2)
To ensure strict compliance with legal and administrative provisions issued in the forestry, environmental and conservation matters of protected areas and wildlife;
- 3)
To execute preventive, combative and remedial measures to prevent damage to natural resources from fires, pests and forest diseases, landslides, illegal extraction of forest products, illegal hunting, occupation of public forest lands and any other illicit activity, activities or actions that lead to illicit acts by organized crime; for which close coordination shall be maintained with the technical personnel of the Institute of Forest Conservation, Protected Areas and Wildlife (I.C.F.), the State Department in the Offices of Natural Resources and Environment (SERNA), the State Department in the Offices of Agriculture and Livestock (SAG), the National Autonomous Service of Aqueducts and Sewers (SANAA), Public Ministry and other relevant institutions;
- 4)
To inform the general public about legal provisions in the conservation of natural resources and protection of the environment and any other information related to its functions;
- 5)
To support the development of social and environmental programs and projects;
- 6)
To develop training and awareness-raising work in communities for the protection and conservation of natural resources and biodiversity;
- 7)
To combat the trafficking and illegal commercialization of species of flora and fauna, without limiting itself to threatened and endangered species;
- 8)
To custody and deposit species of flora and fauna, recovered and illegally commercialized, to the collection or rescue centers authorized by the Public Ministry and by the State Department in the Offices of Natural Resources and Environment (SERNA) for such purpose; and,
- 9)
To collaborate with any entity, institution or public or private organization of national and international character with competence in the management of natural resources. For the purpose of fulfilling their responsibilities, they shall be subject to special regulations, which shall be formulated by the competent body of the Armed Forces jointly with the Institute of Forest Conservation, Protected Areas and Wildlife (I.C.F.).
Any person who meets the following requirements may be an Environmental Soldier:
- 1)
Be older than eighteen (18) years and younger than forty (40) years of age;
- 2)
Have completed primary education, at a minimum;
- 3)
Have received and passed their respective training in environmental matters, certified by the Technical School of the Army; and,
- 4)
Enjoy good health, have no physical impediments that prevent the performance of the task or that put their personal integrity at risk. Discrimination is prohibited on the grounds of race, gender or any kind, and there must be equity in this regard.
Authorize the Secretary of State in the Office of Finance to allocate budgetary resources during the seven (7) months of the present year, from June 1 to December 31, in accordance with the corresponding budgetary structure: Institution 0000 Secretary of State in the Office of National Defense, Program 14 Joint Chiefs of Staff, Project Command for Support in Ecosystem and Environmental Management; which shall be exclusively for its operation during the present year. Likewise, it shall make the necessary provisions for each Fiscal Year.
Within thirty (30) days, the Secretary of State in the Office of National Defense shall present to the National Congress a strategic plan with objectives and goals, as well as the indicators that measure compliance with those goals and self-sustainability such as drug control and illegal logging.
The Secretary of State in the Office of National Defense shall establish within the Technical School of the Army Branch a Diploma Program in Environmental Matters, with which it shall professionalize the Environmental Soldiers, in order to comply with this Law; and to grant different levels of professionalization to them for their performance in civilian life, once they have been discharged from the armed forces.
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twelfth day of the month of April of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 25, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of National Defense. MARLON PASCUA CERRATO The Secretary of State in the Offices of Natural Resources and Environment RIGOBERTO CUÉLLAR CRUZ Legislative Power DECREE No. 59-2011 THE NATIONAL CONGRESS, CONSIDERING: That it is an attribute of the National Congress to create or eliminate positions and declare honors and pensions for relevant services rendered to the Nation. CONSIDERING: That the citizen Don Antonio Canelas Díaz has rendered great services to the Nation, projecting his country internationally, in his capacity as a writer and historian. CONSIDERING: That in attention to the foregoing considerations, it is appropriate to contribute to the sustenance and satisfaction of the difficult situation that said citizen is experiencing. THEREFORE, IT DECREES:
Grant to the citizen DON ANTONIO CANELAS DÍAZ a monthly lifelong pension in the amount of TEN THOUSAND LEMPIRAS (L. 10,000.00), and for such purpose, a budgetary allocation shall be allocated in the General Budget of Income and Expenditures of the Republic, Fiscal Periods 2011 and subsequent, in the budget of the Secretary of State in the Offices of Culture, Arts and Sports.
The Secretariats of State in the Offices of Finance and of Culture, Arts and Sports shall make the corresponding technical and budgetary provisions in order to comply with this Decree.
This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighteenth day of the month of May of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY
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