Law on the Garifuna Route
Congreso Nacional
- Decree: 50-2023
- Published: November 20, 2023
- Issuing body: Congreso Nacional
- Gazette: 36,388
- Category: Administrative
Summary
This law creates a Permanent National Interest Program called the "Garifuna Route" to preserve and promote the Garifuna people's language, dance, and crafts, as well as international cultural exchanges. It establishes an interinstitutional committee coordinating various public institutions and Garifuna organizations to manage the initiative at no cost to the State, funded by participants and private sponsors.
Considerations
Whereas the Constitution of the Republic in its Article 5 establishes that "The Government of the Republic must be sustained in the principles of popular sovereignty, self-determination of peoples and participatory democracy, from which flow national integration, which implies participation of all political sectors in Public Administration, political stability and social peace".
Whereas the Constitution of the Republic 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". For this reason it is understood as the right to obtain all elements necessary for life; dignified work, food, water and health.
Whereas the Constitution of the Republic in its Article 173 establishes that: "The State shall preserve and promote native cultures, as well as genuine expressions of national folklore, popular art and handicrafts". In order to make known the cultural and educational context of the different ethnic groups of Honduras. Similarly, it aims to publicize the importance of contributing to the strengthening of ethnic groups and keeping alive the historical and cultural roots of a country.
Whereas the State of Honduras ratified in November of 2014, Convention No. 169 of the United Nations Declaration on the Rights of Indigenous and Tribal Peoples, which mandates governments to assume the responsibility of developing, with the participation of the interested peoples, a coordinated and systematic action aimed at protecting the rights of those peoples and ensuring respect for their integrity.
Whereas the Sustainable Development Goals (SDGs) of the United Nations Development Programme (UNDP) of the United Nations Organization (UN) adopted in the Seventieth (70) General Assembly of the United Nations Organization (UN), held in September of 2015 indicate in SDG No. 11 "Sustainable Cities and Communities" that efforts should be "Doubled to protect and safeguard the cultural and natural heritage of the world" in this way to achieve this SDG, conditions must be generated toward the enjoyment and protection of the rights of indigenous and Afro-descendant peoples.
Whereas the Constitution of the Republic in its Article 205 Attribution 1), establishes that it is within the power of the National Congress to: Create, decree, interpret, reform and repeal laws.
Whereas pursuant to Article 219 of the Constitution of the Republic it is the duty of the State to promote the economic and social development of communities and their population, seeking to create competitive advantages for their municipal governments through National Development Programs.
Whereas the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was ratified by Honduras on January 16, 2018, adopting the universal principles of this international instrument, to adopt measures of assistance and cooperation especially economic and technical in order that all peoples have the right to self-determination, freely establishing their political status and likewise providing for the economic, social and cultural development of their Member States.
Whereas there are priority needs in the Municipalities, one of these being the maintenance of the municipal road network and its villages, hamlets, municipal seat and thus avoid requesting collaboration from the State Secretariats for their repair and maintenance.
Articles
Declare the GARIFUNA ROUTE as a Permanent Program of National Interest, whose objective shall be to preserve, promote and strengthen the language, dance, handicrafts of the Garifuna population, as well as the promotion of cultural exchanges with other nations of the world.
Create the Permanent Interinstitutional Support Committee in charge of the conservation, promotion and dissemination of the cultural and historical expressions of the GARIFUNA ROUTE in Honduras.
The Committee shall be composed of a representative of the following Institutions:
- 1)
State Secretariat of Foreign Relations and International Cooperation (SRECI);
- 2)
State Secretariat of Education (SEDUC);
- 3)
State Secretariat of the Cultures, Arts and Heritage of the Peoples of Honduras (SECAPP);
- 4)
State Secretariat of Tourism (SETUR);
- 5)
Honduran Tourism Institute (IHT), as the operational arm of the State Secretariat of Tourism;
- 6)
Association of Municipalities of Honduras (AMHON);
- 7)
Honduran Institute of Anthropology and History; and,
- 8)
A representative of the Garifuna Organizations of Honduras.
The expeditions to conduct the GARIFUNA ROUTE that visit our country shall not generate expenditures to the public treasury, considering that Honduras' contribution shall be the support of our Diplomatic Service for the proper dissemination of the call throughout the world. The other requirements may be met with the contribution of the participants themselves, with sponsorship from companies with corporate responsibility and social commitment and through efforts that the Permanent Interinstitutional Support Committee may make for such purposes.
This Law must be regulated within a maximum period of sixty (60) days, counted from the date of its effectiveness, by the National Coordination of Indigenous Peoples and Afro-Hondurans, attached to the State Secretariat of Social Development (SEDESOL).
This Decree shall take effect upon its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-sixth day of the month of July of two thousand twenty-three.
Related laws
- Law of the Garifuna Route — This law declares the Garífuna Route as a permanent national interest program to preserve and strengthen the Garífuna people's language, dance, and crafts. It creates an inter-institutional committee to coordinate Garífuna cultural promotion at no cost to the State, using resources from participants, companies, and the committee's efforts. (Decree 50-2023, 2023)
- Decreto Legislativo No. 50-2023 — Ley de la Ruta Garífuna — This law declares the Garifuna Route as a permanent program to preserve and promote the language, dance, and crafts of Honduras' Garifuna population. It creates a committee with representatives from public institutions, municipalities, and Garifuna organizations to conserve and promote Garifuna culture, without generating public spending since it will be funded by participants and private sponsorships. (Decree 50-2023, 2023)
- Agreement No. 1323-SE-2023 by which the year 2023 is declared as the Year of the Refoundation of the National Education System — This decree suspends certain constitutional rights (such as freedom of movement, home, and communication) for 45 days to allow police and military to intensify operations against organized crime and gangs. It affects all Honduran citizens by temporarily limiting their fundamental guarantees in order to improve public safety.
- Acuerdo Ejecutivo No. 056-2019 — Reglamento de la Subcomisión Interinstitucional de Titulación, Ampliación, Saneamiento y Protección de los Territorios y Recursos Naturales de la Región de la Mosquitia Hondureña — This regulation creates and organizes a commission that protects ancestral territories of indigenous and Garifuna peoples in the Mosquitia region. It establishes procedures to recognize communal lands, penalize illegal occupations, and ensure that third parties present valid documents regarding their possessions, with fines and legal actions for those who illegally invade or sell indigenous lands. (Decree 056-2019, 2019)
- Executive Agreement 022-DP-2026 through which Guidelines are established for the Execution of Actions aimed at Guaranteeing the Stability and Comfort of Tourists in the Different Tourist Destinations of the Country — This agreement establishes guidelines to keep and protect Honduras' tourist beaches clean, especially in the Bay Islands, through regular cleaning activities, specialized equipment, and monitoring indicators. It benefits tourists, hotel owners, and the sustainability of the tourism sector with international donation funds.