Law of the Garifuna Route
Congreso Nacional
- Decree: 50-2023
- Published: November 20, 2023
- Issuing body: Congreso Nacional
- Gazette: 36,388
- Category: Administrative
Summary
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.
Considerations
Whereas the Constitution of the Republic in its Article 5 establishes that "The Government of the Republic must be sustained on the principles of popular sovereignty, self-determination of peoples and participatory democracy, from which derive 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 end of Society and the State. All have 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; to dignified work, food, water and health.
Whereas the Constitution of the Republic in its Article 173 establishes that: "The State shall preserve and encourage native cultures, as well as genuine expressions of national folklore, popular art and handicrafts". In order to publicize the cultural and educational context of the different ethnic groups of Honduras. In the same manner it seeks to make known 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 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 course of action aimed at protecting the rights of those peoples and guaranteeing respect for their integrity.
Whereas the Sustainable Development Goals (SDGs) of the United Nations Development Program (UNDP) of the United Nations Organization (UN) adopted at the Seventieth (70th) General Assembly of the United Nations Organization (UN), held in September 2015, indicate in SDG No. 11 "Sustainable Cities and Communities" that one must "Redouble efforts to protect and safeguard the cultural and natural heritage of the world" in this way to achieve this SDG, conditions must be generated towards 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 a 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, making its own the universal principles of this international instrument, in order to adopt measures of assistance and cooperation especially economic and technical, in order that all peoples have the right of free self-determination, establishing freely 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 having to request assistance from State Secretariats for its repair and maintenance.
Articles
Declare the GARIFUNA ROUTE as a Permanent Program of National Interest, whose objective shall be to preserve, stimulate 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 Inter-institutional Support Committee responsible for the conservation, promotion and dissemination of the cultural and historical expressions of the GARIFUNA ROUTE in Honduras.
The Committee shall be composed of one representative from each of the following Institutions:
- 1)
Secretariat of State in the Office of Foreign Affairs and International Cooperation (SRECI);
- 2)
Secretariat of State in the Office of Education (SEDUC);
- 3)
Secretariat of State in the Office of Cultures, Arts and Patrimonies of the Peoples of Honduras (SECAPP);
- 4)
Secretariat of State in the Office of Tourism (SETUR);
- 5)
Honduran Tourism Institute (IHT), as the operational arm of the Secretariat of State in the Office of Tourism;
- 6)
Association of Municipalities of Honduras (AMHON);
- 7)
Honduran Institute of Anthropology and History; and,
- 8)
One representative of the Garifuna Organizations of Honduras.
The expeditions to carry out 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 socialization of the call throughout the world. The other requirements may be met with the contribution of the same participants, with the sponsorship of companies with corporate responsibility and social commitment and through actions undertaken for such purposes by the Permanent Inter-institutional Support Committee.
The present Law shall be regulated within a maximum period of sixty (60) days, counted from the date of its effectiveness, by the National Coordination of Native and Afro-Honduran Peoples, attached to the Secretariat of State in the Office of Social Development (SEDESOL).
This Decree shall enter into force from the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Sessions Room of the National Congress, on the twenty-sixth day of the month of July of two thousand twenty-three. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT
CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Let it be executed. Tegucigalpa, M.D.C., 07 August 2023. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARIAT OF STATE IN THE OFFICE OF CULTURES, ARTS AND PATRIMONIES OF THE PEOPLES OF HONDURAS Legislative Branch DECREE No. 58-2023 THE NATIONAL CONGRESS, CONSIDERING: That in accordance with 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. CONSIDERING: That 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, with the purpose that all peoples have the right to self-determination, establishing freely their political status and also providing for the economic, social and cultural development of their member States. CONSIDERING: That 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 having to request collaboration from the Secretariats of State for their repair and maintenance,
Related laws
- Law on the Garifuna Route — 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. (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)
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