Law on Community Climate Consciousness and Action
Congreso Nacional
- Decree: 61-2024
- Published: July 25, 2024
- Issuing body: Congreso Nacional
- Gazette: 36,595
- Category: Environmental
Summary
This law requires the State to create a national environmental restoration plan that links schools, communities, businesses and organizations to protect ecosystems, reforest and reduce carbon emissions. It benefits all Hondurans by improving the environment, health and raising climate awareness from local communities.
Considerations
Whereas the Constitution of the Republic of Honduras in its Article 59 establishes that "The human person is the supreme purpose of society and the State. Everyone has the obligation to respect and protect it. The dignity of the human being is inviolable." Everyone has the universal obligation to respect and protect it.
Whereas the Constitution of the Republic of Honduras in its Article 145 establishes that "The right to health protection is recognized. It is the duty of all to participate in the promotion and preservation of personal and community health. The State shall preserve the appropriate environment to protect the health of persons," consequently all persons have the inherent right to receive adequate health care and services; The recognition of this right implies that States and institutions must guarantee access to quality health systems, providing the necessary means for persons to maintain and improve their health.
Whereas Article 145 related in the preceding recital states that: "Access to water and sanitation is declared a human right... Likewise, the preservation of water sources is guaranteed so that these do not put public life and health at risk." Given that all persons, without any discrimination, have the right to access clean water and adequate sanitation facilities, this access is recognized as a human right and is essential for living with dignity and health, and must be guaranteed and protected by the State and the International Community.
Whereas the Universal Declaration of Human Rights (UDHR) does not explicitly refer to the right to a healthy environment; however, in the articles on the right to life (Article 3) and to an adequate standard of living (Article 25), these indirectly imply the need for a healthy environment.
Whereas the Paris Agreement seeks to establish a global framework, bringing together all countries in the common effort to combat climate change, reducing greenhouse gas emissions, promoting adaptation to inevitable impacts, and supporting developing countries in this transition; in light of this, Honduras must be a State committed to these principles.
Whereas in the month of October of the year 2021, the General Assembly of the United Nations adopted a resolution that formally recognizes the human right to a clean, healthy, and sustainable environment. This resolution is the basis for this right to be recognized globally.
Whereas the Sustainable Development Goals (SDGs) as part of the 2030 Agenda seek to address a broad range of global challenges, including: SDG 6: Clean Water and Sanitation: Guarantee the availability of water and its sustainable management and sanitation for all. This objective includes targets to improve water quality, reduce pollution, increase efficiency in water use, and protect and restore water-related ecosystems; SDG 11: Sustainable Cities and Communities: Make cities and human settlements inclusive, safe, resilient and sustainable. It includes targets to reduce the negative environmental impact per capita of cities, improve waste management and promote access to safe and accessible green spaces; SDG 13: Climate Action: Take urgent action to combat climate change and its effects. It includes improving education, awareness, and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning; SDG 15: Life of Terrestrial Ecosystems: Protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, halt and reverse land degradation and halt the loss of biodiversity.
Whereas the right to a healthy environment is increasingly integrated into the framework of international and regional human rights. Recognizing this right implies that States have the obligation to protect the environment to guarantee the health and well-being of their population, as well as to implement policies that prevent pollution and environmental degradation; this connection between human rights and the environment reflects the growing understanding that the health of the planet is essential for the full realization of Human Rights.
Whereas the State, through its institutions, must create public policies and update its regulatory framework regarding environmental matters oriented toward raising public awareness about the importance of conserving and restoring the natural environment; having as its main objective the promotion of greater awareness and citizen participation in the protection of the environment, ensuring that communities understand and actively participate in these initiatives; therefore, the State as well as individuals must work together to guarantee that everyone has the opportunity to live a healthy life, acting proactively to prevent disease and promote general well-being.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the power of the National Congress: To create, decree, interpret, reform and repeal laws.
Articles
OBJECT. The purpose of this Law is of public and social order and is to establish direct linkage between the student population, civil society organizations (CSO), State institutions and the private sector in all communities throughout the national territory, in order to foster awareness and take action to preserve, restore and protect local ecosystems.
SCOPE. This Law is applicable throughout the national territory and is mandatory in its compliance; its execution shall be coordinated by the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF), in collaboration with the State Secretariat of Education (SEDUC).
National Plan. The National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) is ordered to jointly design, prepare and execute with the State Secretariat of Education (SEDUC) a Community Environmental Restoration Plan that shall contain practices for public awareness raising, ecosystem restoration actions, sustainability of natural resources, reduction of carbon emissions and environmental reforestation; these actions shall be implemented at the national level with a community approach.
LOCAL PLAN. Following the guidelines of the national plan, each community and the named institutions must create and implement a local community environmental restoration plan, which shall be coordinated by the directors of educational centers, whether public or private, in each community, without prejudice to the support of the organisms and entities referred to in Article 5.
LINKAGE. For the compliance with the local plan regulated in this Law, each Director of public or private educational center at basic and secondary level, together with the municipalities, must make the respective approaches and alliances in order to take all necessary measures to involve the community, private business, school boards, foundations, civil associations, rural savings cooperatives, water boards, other NGOs and state institutions.
TRAINING. The State Secretariat of Education (SEDUC) and the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) are responsible for developing the methodological plan for community environmental restoration and training, in order to conduct field activities and training activities to increase citizen awareness of the need to preserve and restore the environment. They must also prepare multimedia guides with programs and projects for environmental restoration and preservation activities, including reforestation techniques, recycling, water conservation and waste management. These activities must be complementary to those established in Decree No. 117-2022, of October 25, 2022, published in the Official Gazette "La Gaceta" dated November 21, 2022, regarding Environmental Education and Climate Change in the Basic National Curriculum.
BUDGETARY PLANNING. The institutions mentioned above must conduct the respective budgetary planning in each Fiscal Year for the proper implementation of this Law. For this purpose, the State Secretariat of Finance shall transfer to the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) and to the State Secretariat of Education (SEDUC), the budgetary provisions equivalent to the budget presented, related in the previous paragraph, in the first month of each quarter of each fiscal year, being responsible for making said transfers so that the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) complies with what is ordered in this Law.
SUPPLIES. It is the responsibility of the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) to provide the supply of plants, seeds, educational materials, among others to communities and educational centers.
PUBLICITY. To guarantee the effective dissemination of the Community Environmental Restoration Plan, television systems, radio and digital platforms owned by the State must provide coverage of all activities related to this Law.
MONITORING AND FOLLOW-UP. All activities arising from the national plan and local plans must be monitored and given proper follow-up by the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF) in coordination with the State Secretariat of Education (SEDUC) to guarantee its sustainability over time and results with a focus on climate justice. Jointly, the National Institute of Forest Conservation and Development, Protected Areas and Wildlife (ICF), in coordination with the State Secretariat of Education (SEDUC), shall develop the instruments for the application of controls and periodic evaluations of the Community Environmental Restoration Plan; these shall determine quantitative and qualitative advances. The results of the annual evaluation shall be made known to the people and Government of Honduras in the month of January of each year.
This Law 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 Hall of Sessions of the National Congress, on the thirtieth day of the month of May of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY JOSUÉ FABRICIO CARBAJAL SANDOVAL SECRETARY To the Executive Power Therefore: Let it be executed. Tegucigalpa, M.D.C., June 12, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENT OF EDUCATION
Related laws
- Law on Community Climate Conscience and Action — This law orders the creation of a national environmental restoration plan that involves schools, communities, businesses and organizations to protect ecosystems through reforestation, recycling and emission reduction. It affects students, school directors and communities throughout Honduras, seeking active participation from all in caring for the environment and fighting climate change. (Decree 61-2024, 2024)
- Law on Community Climate Consciousness and Action — This law requires the State, schools, businesses, and communities to work together to protect the environment through reforestation, recycling, and environmental education programs. It benefits all Hondurans by protecting local ecosystems, reducing pollution, and building climate awareness from the grassroots level. (Decree 61-2024, 2024)
- Decreto Legislativo No. 61-2024 — Ley de Conciencia y Acción Climática Comunitaria — This law requires schools, municipalities, and organizations to work together on environmental restoration plans that include reforestation, recycling, and water conservation. It affects students, teachers, and communities throughout Honduras, with the purpose of raising awareness about climate change and protecting the local environment through practical actions coordinated by the ICF and the Ministry of Education. (Decree 61-2024, 2024)
- Contrato — Contrato de Financiamiento para Proyecto de Mejora del Corredor Vial CA-13 La Ceiba-Puerto Castilla
- Management Plan for Islas de la Bahía National Marine Park 2024 — This Management Plan establishes rules to protect and sustainably use the Bay Islands National Marine Park (647,152 hectares) for 12 years. It defines different zones for fishing, tourism, and conservation, aims to protect coral reefs, mangroves and endangered species, and involves local communities, governments, and organizations in its management. (Decree 075-2010, 2010)