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March 17, 2011In force

Create the Coordinating Commission of Special Development Regions (CORED)

Congreso Nacional

  • Decree: 014-2011
  • Published: March 17, 2011
  • Issuing body: Congreso Nacional
  • Gazette: 32,469
  • Category: Administrative

Summary

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This decree establishes the Coordinating Commission for Special Development Regions (CORED), a group of five people who will identify territories to create development zones with advanced technology, attract foreign investments and companies, and prepare proposals for bylaws and investment plans. The commission will operate for two years and aims to accelerate economic and human development in specific regions of Honduras.

Considerations

Whereas it is the responsibility of the President of the Republic, among other attributions, to direct the general policy of the State, represent it, administer public finances and issue extraordinary measures in economic and financial matters when the national interest so requires.

Whereas the President of the Republic is charged with the supreme direction and coordination of the centralized and decentralized Public Administration, the General Administration of the State and therefore to direct the economic and financial policy thereof, being able to act by himself or in Council of Ministers.

Whereas through Legislative Decree No. 286-2009, dated thirteen (13) of January of two thousand ten (2010) and published in "La Gaceta", Official Newspaper of the Republic on February two (2) of two thousand ten (2010), the Law for the Establishment of a Vision for the Country and the Adoption of a National Plan for Honduras was enacted, whose Vision in Article 6 expressly established as its first objective "a Honduras without extreme poverty, educated and healthy, with consolidated systems of social welfare".

Whereas through Decree 1026 of fifteen (15) of July of nineteen hundred eighty (1980), the Law of the National Teachers' Social Security Institute (INPREMA) was created, so that through the collection of employer contributions and individual contributions, the administration and investment of its economic resources, it shall provide benefits for disability, old age and death to participants of the Teachers' Social Security System.

Whereas the National Teachers' Social Security Institute (INPREMA) is in an administrative, financial and actuarial crisis that requires urgent and pressing measures to ensure the perpetuity of the system and the provisional benefits granted, all in strict protection of the interests of retired and active teachers, who are the exclusive contributors and beneficiaries of the Institute.

Whereas through the latest actuarial evaluation as of thirty-one (31) of December of two thousand ten (2010), an increase in the actuarial deficit was recorded from seventy-two billion lempiras (Lps. 72,000,000,000.00) to seventy-nine billion lempiras (Lps. 79,000,000,000.00), due to the lack of decisions and concrete and timely measures by its administrative bodies, which ultimately would rescue financially and actuarially the National Teachers' Social Security Institute (INPREMA).

Whereas the legitimate interest of the State and the participants of the National Teachers' Social Security Institute (INPREMA) converge with the objective of achieving the financial solvency of the Institute to guarantee that the teaching profession receives the benefits of assistance and social welfare that derive from the Law.

Whereas to achieve rescuing the National Teachers' Social Security Institute (INPREMA) from its deep administrative, financial and actuarial crisis, it is necessary to implement concrete measures that guarantee good corporate governance practices and promote transparency, for which purpose it is necessary to conduct a comprehensive external audit and the publication of its results, in addition to other necessary actions that generate confidence in the system participants.

Whereas the Executive Branch, by virtue of what is expressly established in Articles 99, 100, 101 and 102 of the General Law of Public Administration, has the authority to appoint an Intervention Committee to be responsible for the administration of the intervened entity and conduct an evaluation thereof, with the advice of the Superior Court of Accounts, said Committee shall have the necessary authority to establish timely recommendations that allow the Powers of the State to take pertinent and timely actions within the scope of their constitutional attributions.

Whereas for the performance of the tasks corresponding to the objective of this Decree and to serve the teaching profession in general, it is necessary to appoint suitable persons of recognized integrity, civic spirit, professionalism and competence in the fulfillment of their functions.

Whereas by delegation of the Council of Ministers held on March fifteen of two thousand eleven, the State Department in the Office of the Interior and Population was delegated to direct the Common Attributions provided for in the Constitution of the Republic.

Whereas in accordance with the Law of Public Administration, the State Departments are the superior bodies for collaboration of the President of the Republic in the functions of government and administration, acting within the scope of their respective competence.

Whereas it is necessary to authorize measures as a result of the rise in oil prices and their derivatives which significantly affects countries such as Honduras, which are subject to absorbing international market prices, forcing the government of the Republic to coordinate efforts to face the consequences caused by such increase in the country's economy and its impact that hinders the achievement of the common good in general.

Whereas the State Secretary in the Office of the Interior and Population, Citizen CARLOS ÁFRICO MADRID HART, shall be absent from his office from sixteen (17) to twenty-one (21) of March of the current year to attend to personal matters outside the country.

Whereas each State Department is in charge of a State Secretary, who in the performance of his functions is assisted by one or more Under-Secretaries of State.

Whereas the Under-Secretary of State shall substitute for the State Secretary by operation of law, in case of absence or any legal impediment and if there are two or more Under-Secretaries of State, the State Secretary shall determine the order in which they shall substitute him.

Whereas the State Secretary in the Office of the Interior and Population shall be absent from his office from sixteen (17) to twenty-one (21) of March of the current year to attend to personal matters outside the country.

Whereas the President of the Republic is charged with the supreme direction and coordination of the Centralized and Decentralized Public Administration.

Whereas on August 27, 2009, the Administrative Court of First Instance with headquarters in the city of Tegucigalpa, department of Francisco Morazán, admitted the lawsuit requesting: "the nullity of an administrative act.- Recognition of an individualized legal situation due to the illegal and unjustified termination of which I was the subject without being granted the labor rights and indemnities to which I was entitled.- And as a measure for the restoration of my rights that I be reinstated to my former position of work; plus the payment of unpaid salaries.- Documents are attached.- Cost of the lawsuit.- Power".- Which was filed by Mr. JOSÉ MIGUEL VALLE CHACÓN, registered in file No. 195-09 of the aforementioned Court.

Whereas Mr. JOSÉ MIGUEL VALLE CHACÓN states in his lawsuit the following facts: a) I have been serving in the position of Research Analyst of the General Directorate of Special Investigation Services, a department of the Ministry of Security as follows: I was appointed by Agreement D.N.S.E.I-009-2004 of ten (10) of June of 2004, Research Analyst of the General Directorate of Special Investigation Services, a department of the Ministry of Security. b) On June 25, 2009, I was delivered the CANCELLATION AGREEMENT NUMBER 0987-2009 dated June 24 of 2009 contained in Official Letter Number SEDS-2028-2009 and effective as of the last day of its notification, wherein the State Secretary in the Office of Security JORGE ALBERTO RODAS GAMERO agrees to the cancellation of my appointment, without the cause being justified for the cancellation.

Articles

Article 1.-

Appoint an Intervention Commission that shall be responsible, as of the date of this Decree, for the administration of the National Teachers' Pension Institute (INPREMA), as the intervened entity, and shall conduct an evaluation thereof, with the advisory services of the Superior Audit Court and the supervision, surveillance and oversight of the National Banking and Insurance Commission. The Intervention Commission shall have the powers established in this Decree, those established in Article 100 of the General Law of Public Administration that grant it the authority to suspend or remove, as appropriate, personnel it deems necessary and all such powers as correspond to administrators of autonomous institutions, and shall exercise the legal representation of the same and such other powers as may additionally correspond to it by law.

Article 2.-

The Intervention Commission shall be composed of: 1. The President of the National Banking and Insurance Commission, who shall preside over it. 2. The Secretary of State in the Offices of Labor and Social Security. 3. The President of the National Anti-Corruption Council (CNA). 4. The Executive Secretary of the National Forum for Convergence (FONAC). 5. A qualified and professionally credentialed representative, proposed by the Federation of Teachers' Organizations of Honduras, who shall represent it. 6. A qualified and professionally credentialed representative, proposed by the Workers' Central Organizations, who shall represent them. 7. A qualified and professionally credentialed representative, proposed by the Association of Retired and Pensioned Teachers of Honduras, who shall represent it. 8. A qualified and professionally credentialed representative, proposed by the Owners of Private Educational Establishments, who shall represent them. The Legislative Branch is invited to appoint a representative before the Intervention Commission, who shall hold the status of observer, with voice but without vote. To fulfill its functions, the Intervention Commission is empowered to request the collaboration, participation and integration of other public or private entities that it deems pertinent.

Article 3.-

Request that the Superior Audit Court name the advisory team referred to in Article 99 of the General Law of Public Administration and its Regulations, which emanate from the Law.

Article 4.-

A term of up to one hundred twenty (120) business days, renewable, is established for the Intervention Commission to take all necessary measures and actions to improve the administrative, financial and actuarial situation of the National Teachers' Pension Institute (INPREMA). Making use of the delegated powers and in accordance with legal procedures, the Intervention Commission shall contract a comprehensive External Audit whose results shall be published and appropriate actions shall be taken. Once the respective report has been submitted, the competent organs of the State shall issue the necessary decisions.

Article 5.-

This Decree is effective immediately and shall be published in "La Gaceta", Official Gazette of the Republic. Given in Presidential Palace, Tegucigalpa, municipality of the Central District, on the fifteenth (15) day of the month of March of the year two thousand eleven (2011). LET IT BE COMMUNICATED AND PUBLISHED. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC CARLOS ÁFRICO MADRID HART SECRETARY OF STATE IN THE OFFICES OF THE INTERIOR AND POPULATION JOSÉ ALEJANDRO VENTURA SECRETARY OF STATE IN THE OFFICE OF EDUCATION ARTURO BENDAÑA SECRETARY OF STATE IN THE OFFICE OF HEALTH JOSÉ ROBERTO ROMERO LUNA SECRETARY OF STATE IN THE OFFICE OF SECURITY, BY LAW MARÍA ANTONIETA GUILLÉN VÁSQUEZ PRESIDENTIAL DESIGNEE IN CHARGE OF THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE MIREYA AGÜERO TREJO SECRETARY OF STATE IN THE OFFICE OF FOREIGN RELATIONS, BY LAW MARLON PASCUA CERRATO SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE WILLIAM CHONG WONG SECRETARY OF STATE IN THE OFFICE OF FINANCE JOSÉ FRANCISCO ZELAYA SECRETARY OF STATE IN THE OFFICES OF INDUSTRY AND COMMERCE MIGUEL RODRIGO PASTOR MEJÍA SECRETARY OF STATE IN THE OFFICES OF PUBLIC WORKS, TRANSPORTATION AND HOUSING FELÍCITO ÁVILA ORDÓÑEZ SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY JACOBO REGALADO SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK DARIO ROBERTO CARDONA VALLE SECRETARY OF STATE IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT, BY LAW ARTURO CORRALES ÁLVAREZ TECHNICAL SECRETARY OF PLANNING AND EXTERNAL COOPERATION BERNARD MARTÍNEZ VALERIO SECRETARY OF STATE IN THE OFFICES OF CULTURE, ARTS AND SPORTS LUIS GREEN SECRETARY OF STATE IN THE OFFICES OF INDIGENOUS PEOPLES AND AFRO-HONDURAN PEOPLES CÉSAR HAM PEÑA MINISTER DIRECTOR OF THE NATIONAL AGRARIAN INSTITUTE NASRY JUAN ASFURA MINISTER DIRECTOR OF THE HONDURAN SOCIAL INVESTMENT FUND MARÍA ELENA ZEPEDA MINISTER DIRECTOR OF THE FAMILY ALLOWANCE PROGRAM MARÍA ANTONIETA BOTTO HANDAL MINISTER DIRECTOR OF THE NATIONAL INSTITUTE OF WOMEN JOSÉ TRINIDAD SUAZO EXECUTIVE DIRECTOR OF THE INSTITUTE FOR THE CONSERVATION OF FORESTS, PROTECTED AREAS AND WILDLIFE

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Notes

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