Law for the Promotion of Reading and Books

Create a budget allocation in the amount of three million Lempiras (L.3,000,000.00) in favor of the Secretary of State in the Office of Finance to carry out the corresponding budget provisions for the hiring of personnel who will work in the Program referred to in the preceding Article, dependent on the National Autonomous University of Honduras (UNAH).

This Decree shall be in effect as of the day of its publication in the Official Journal La Gaceta. Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of two thousand thirteen. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT GLADIS AURORA LÓPEZ CALDERON SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore, Let it be Executed. Tegucigalpa M.D.C., April 16, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE. MARÍA ANTONIETA GUILLÉN VÁSQUEZ Legislative Branch DECREE No. 218-2012 THE NATIONAL CONGRESS, CONSIDERING: That it is the duty of the State of Honduras to promote good customs and values in each of its citizens. CONSIDERING: That the State must provide and facilitate education to its inhabitants, without any discrimination, in order to achieve the integral development of the human person, knowledge of the socioeconomic, political reality and national culture. CONSIDERING: That reading is an extraordinary tool of intellectual work since it puts mental functions into action, sharpening intelligence. CONSIDERING: That reading promotes aesthetic formation and educates sensibility, stimulating good artistic emotions and good feelings. THEREFORE, DECREES: The following: DEAN OF THE HONDURAN PRESS LIC. MARTHA ALICIA GARCIA General Management JORGE ALBERTO RICO SALINAS Coordinator and Supervisor Colonia Miradores Telephone/Fax: Management 2230-4050 Administration: 2230-3028 Plant: 2230-6767 GOVERNMENTAL CIVIC CENTER LAW TO PROMOTE READING AND THE BOOK CHAPTER I GENERAL PROVISIONS

The provisions of this Law are of public order, of social interest and of general observance throughout the national territory. The provisions established in this Law shall be applied without prejudice to what is ordered in other laws, as well as any other legal instrument on the matter, provided that they do not contravene what is provided herein.

For purposes of this Law, the following shall be understood as: EDITION: Process of book formation based on the selection of texts and other content to offer it after its production to the reader. EDITOR: Natural or legal person who selects or conceives an edition and carries out, by itself or through third parties, its preparation. DISTRIBUTION: Activity of intermediation between the publisher and the retail seller of books, which facilitates access to the book by promoting its presence in the market. DISTRIBUTOR: Natural or legal person legally constituted, dedicated to the distribution of books and magazines. BOOK PRODUCTIVE CHAIN: Set of industries that participate in the various processes of book production, and is formed by Cellulose and Paper, Graphic Arts and Publishing. In Graphic Arts, the participation of those who provide editorial services, printers and binders who receive their income in more than eighty percent (80%) of works related to books and magazines is included. BOOK CHAIN: Set of natural or legal persons who influence the creation, production, distribution, promotion, sale and reading of books. BOOK: Any unitary, non-periodic publication of a literary, artistic, scientific, technical, educational, informative or recreational nature, printed on any medium, whose edition is made in its entirety at one time in a volume or at intervals in several volumes or fascicles. It shall also include complementary materials on any type of medium, including electronic, that together with the book form a unitary whole that cannot be marketed separately. MAGAZINE: Publication with non-daily periodicity, generally illustrated, bound, with writings on various matters or specialized. For the purpose of this Law, magazines shall enjoy the same prerogatives specified for books. NATIONAL EDUCATIONAL SYSTEM: Constituted by learners and educators, educational authorities, plans, programs, methods and educational materials; educational institutions of the State and its decentralized organisms, institutions of private parties with authorization or with official recognition of validity of studies, and institutions of higher education. SCHOOL AND CLASSROOM LIBRARIES: Bibliographic collections that the Secretary of State in the Office of Education, with the participation of local authorities, selects, acquires and distributes for use during teaching and learning processes in classrooms and public schools of basic education. READING ROOMS: Spaces alternative to schools and libraries, where the community has free access to books and other printed materials, as well as various activities aimed at promoting reading. AUTHOR: Person who carries out any work intended to be disseminated in the form of a book. The translator is considered an author, without prejudice to the requirements established in current legislation, with respect to his or her translation, the compiler and whoever extracts or adapts original works, as well as the illustrator and photographer, with respect to their corresponding works.

The promotion of reading and the book is established in this Law within the framework of constitutional guarantees of freedom of writing, editing and publishing books on any subject, promoting access to reading and books to the entire population. No state, departmental or municipal authority may prohibit, prevent or obstruct the creation, editing, production, distribution, promotion or dissemination of books and periodic publications.

The purpose of this Law is to:

• 1)

  Propitiate the generation of policies, programs, projects and actions aimed at promoting and fostering reading;

• 2)

  Foster and encourage the edition, distribution and commercialization of books and periodic publications;

• 3)

  Foster and support the establishment and development of bookstores, libraries and other public and private spaces for reading and dissemination of books;

• 4)

  Establish mechanisms for inter-institutional coordination with the different levels of government and linkage with the social and private sectors, to promote activities related to the educational and cultural function of promoting reading and books;

• 5)

  Make books accessible under equal conditions throughout the national territory to increase their availability and bring them closer to readers;

• 6)

  Strengthen the book chain in order to promote Honduran editorial production to meet the cultural and educational requirements of the country;

• 7)

  Stimulate the competitiveness of Honduran books and periodic publications in the international field; and,

• 8)

  Stimulate training and professional development of the different actors in the book chain and promoters of reading. CHAPTER II OF THE RESPONSIBLE AUTHORITIES

The authorities in charge of implementing this Law, within the scope of their respective competencies, are:

• 1)

  The Secretaries of State in the Office of Education;

• 2)

  The Secretary of State in the Offices of Culture, Arts and Sports;

• 3)

  The National Council for the Promotion of Books and Reading; and,

• 4)

  Departmental Governorships and Municipal Governments.

It is incumbent upon the Secretaries of State in the Offices of Education and Culture, Arts and Sports, in a concurrent manner and considering the opinion and proposals of the National Council for the Promotion of Books and Reading:

• 1)

  Prepare the Program for Promoting Books and Reading;

• 2)

  Implement the policies and strategies contained in the Program, establishing inter-institutional coordination with the instances of the different levels of government, as well as with the different sectors of civil society; and,

• 3)

  Manage and verify the mandatory inclusion in their programs of official media, relating to the dissemination of national books and the promotion of reading.

The responsible authorities shall use official and public times that correspond to the State, in the media to promote books and reading.

The responsible authorities, in a concurrent or separate manner, must promote the creation, editing, production, dissemination, sale and expansion of Honduran books and Honduran co-editions, under adequate conditions of quality, quantity, price and variety, ensuring their national and international presence.

The authorities responsible for implementing this Law must, in a concurrent or separate manner, promote training and professional development programs aimed at those in charge of implementing reading promotion and written culture actions.

It is incumbent upon the Secretary of State in the Office of Education:

• 1)

  Foster access to books and reading in the National Educational System, promoting the formation of readers whose reading comprehension corresponds to the educational level they are pursuing, in coordination with local educational authorities;

• 2)

  Guarantee the timely, complete and efficient distribution of free textbooks, as well as collections for school and classroom libraries and other essential educational materials in the formation of readers in educational centers, in coordination with local educational authorities;

• 3)

  Design policies to incorporate in the initial and ongoing formation of teachers, principals, librarians and technical teams, content related to the promotion of reading and the acquisition of communicative competencies that contribute to the formation of readers, in collaboration with local educational authorities;

• 4)

  Consider the opinion of local educational authorities, teachers and various social sectors for the design of policies to promote reading and books in the National Educational System, based on the participation mechanisms established in the Fundamental Law of Education;

• 5)

  Promote the production of titles that enrich the available supply of books, of varied genres and topics, for reading and consultation in the National Educational System, in collaboration with authorities of the different levels of government, the private sector, higher education institutions and research and other interested parties;

• 6)

  Promote the periodic conduct of studies on reading practices in the National Educational System and on the impact of public investment in programs promoting reading in this system, as well as the dissemination of its results in the media, in collaboration with local educational authorities, other authorities, the private sector, higher education and research institutions, international organizations and other interested parties;

• 7)

  Promote access and distribution of books, strengthening the link between schools and public libraries, in collaboration with local educational authorities, higher education and research institutions, the private sector and other interested parties; and,

• 8)

  Promote technical and professional careers in the field of editing, production, promotion and dissemination of books and reading, in collaboration with educational authorities of the different levels of government, secondary and higher education institutions and the private sector.

It is incumbent upon the Secretary of State in the Offices of Culture, Arts and Sports:

• 1)

  Promote, in a coordinated manner with the corresponding authorities of the different levels of government, programs, projects and actions that permanently promote the formation of full users of written culture among the general population;

• 2)

  Promote jointly with the private sector actions that stimulate the formation of readers;

• 3)

  Encourage and facilitate the participation of civil society in the development of actions that promote the formation of readers among the general population;

• 4)

  Guarantee the existence of written materials that respond to the different interests of users of public libraries and programs aimed at promoting reading among the general population, such as reading rooms;

• 5)

  Cooperate with instances at the state, departmental and municipal level, as well as with members of the private sector in actions that guarantee access of the general population to books through different free or paid means, such as libraries, reading rooms or bookstores;

• 6)

  Generate professional development programs for promoting reading for the general population and for librarians of public libraries; and,

• 7)

  Prioritize budgets for the Book Institute. CHAPTER III OF THE NATIONAL COUNCIL FOR THE PROMOTION OF BOOKS AND READING

The National Council for the Promotion of Books and Reading is created as a consultative body of the Secretary of State in the Office of Education and a space for consultation and advice among all public, social and private instances linked to books and reading.

The National Council for the Promotion of Books and Reading shall be governed by the operations manual it issues, by the provisions contained in this Law and by what is established in its Regulations.

The Council shall be composed of:

• 1)

  A President, who shall be the head of the State Secretariat of Education. In his/her absence, he/she shall be replaced by the person he/she designates;

• 2)

  An Executive Secretary, who shall be the head of the State Secretariat of Culture, Arts and Sports. In his/her absence, he/she shall be replaced by the person he/she designates;

• 3)

  The head of the State Secretariat of Indigenous Peoples and Afro-descendants;

• 4)

  The President of the Literary Society of Honduras;

• 5)

  The Director General of Student Affairs of the State Secretariat of Education;

• 6)

  The Director General of Pedagogical Services of the State Secretariat of Education;

• 7)

  The Director General of Books and Documents of the State Secretariat of Culture, Arts, and Sports;

• 8)

  The Director General of Education and Artistic Training of the State Secretariat of Culture, Arts and Sports;

• 9)

  The head of the State Secretariat of Youth; and,

• 10)

  A representative of the universities, through the National Pedagogical University. By agreement of the Council, the heads of the Secretariats, Councils and Houses of Culture of State, Departmental, Municipal Entities, and universities or any person or public or private institution deemed necessary for the full performance of its functions may be convened to participate as a non-permanent guest. Membership and participation in this Council is on an ad honorem basis.

The National Council for the Promotion of Books and Reading shall have the following functions:

• 1)

  To contribute to the fulfillment and execution of this Law;

• 2)

  To advise in the design, formulation and execution of the Program for the Promotion of Books and Reading established in Article 6 of this Law;

• 3)

  To coordinate the efforts and interests of public and private sectors for the sustained development of national policies on books and reading;

• 4)

  To propose to the competent authorities the adoption of policies or legal, fiscal and administrative measures that contribute to promote and strengthen the book market, reading and editorial activity in general;

• 5)

  To serve as an instance of consultation, conciliation and coordination among the different actors of the book and reading chain in matters concerning the subjects of this Law;

• 6)

  To promote the development of comprehensive information systems on books, their distribution, reading and copyright, as well as to create a database that includes: catalogs and collective directories of authors, works, publishers, printing industry, libraries and bookstores in Honduras, available for consultation online from any country;

• 7)

  To integrate the commissions and working groups that are necessary to fulfill its objectives;

• 8)

  To advise, at the request of a party, State, Departmental, Municipal government levels, autonomous bodies and social and private institutions in the promotion of reading and books;

• 9)

  To create and keep permanently updated a database, with free public access, containing the record of the single price of books;

• 10)

  To promote the training, updating and training of professionals in the different links of the book chain;

• 11)

  To encourage citizen participation in all programs related to books and reading, and to design the mechanisms for this participation;

• 12)

  To promote a culture of respect for copyright;

• 13)

  To propose the conduct of studies and investigations that allow supporting the development of its activities;

• 14)

  To propose incentives for the creation, edition, production, dissemination, sale and export of books in the different languages of the country, support the translation to other languages of texts of national and universal literature into the different languages of the country; and,

• 15)

  To issue its operating manual according to which it shall regulate its organization, operation and work. The application of this Law shall be the exclusive responsibility of the National Council for the Promotion of Books and Reading with notice of one month and forty-eight (48) hours. In case the required quorum is not met, whether these are ordinary or extraordinary meetings, a second call shall be issued immediately for the session to be held within a period not exceeding forty-eight (48) hours. If there is again no quorum, another call shall be made for the session to be held within a period not exceeding forty-eight (48) hours. On this occasion, the meeting shall take place with those in attendance.

The quorum (minimum) shall be fifty percent (50%) plus one of its members, and for its decisions to be valid they must be approved by the majority of members present, except as provided in the immediately preceding Article. CHAPTER IV OF INTERINSTITUTIONAL, INTERGOVERNMENTAL AND CIVIL SOCIETY COORDINATION

The State Secretariats of Education and Culture, Arts and Sports are the bodies responsible for encouraging and promoting the participation, coordination and consistency of programs and actions of the different levels of government, based on the objectives, strategies and priorities of the national policy for the promotion of reading and books.

To promote interinstitutional and intergovernmental coordination in the application of this Law, the State Secretariats of Education and Culture, Arts and Sports shall:

• 1)

  Establish mechanisms and instruments of coordination, cooperation and coordination, as well as promote the execution of agreements and accords with departments of the different branches and levels of government and autonomous bodies of the State, to design, plan, coordinate, apply and strengthen policies, programs, projects and actions for the promotion of reading and books;

• 2)

  Establish programs that involve individuals, private assistance institutions, academic institutions, civil associations and associations, cooperatives and collectives, whose work in favor of the promotion of reading and books have been fundamental for cultural development in the country.

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 Sessions Hall of the National Congress, on the eighteenth day of the month of January of the year two thousand thirteen. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT GLADIS AURORA LÓPEZ CALDERON SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Be it therefore executed. Tegucigalpa M.D.C., April 16, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE OF THE PRESIDENTIAL OFFICE. MARÍA ANTONIETA GUILLÉN VÁSQUEZ