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October 10, 2018In force

Decree 103-2018

Congreso Nacional

  • Decree: 103-2018
  • Published: October 10, 2018
  • Issuing body: Congreso Nacional
  • Gazette: 34,765
  • Category: Administrative

Summary

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This decree establishes a temporary intervention in the National Registry of Persons (RNP) through a special board of 5 members appointed by Congress. The board takes full control of the institution to restructure, modernize, and audit its civil records, purge the electoral census, and ensure transparency in future elections. It affects all citizens who depend on this registry for identity documents.

Considerations

That the Constitution of the Republic guarantees Hondurans through civil registries the issuance of their Identity Card, the registration of births, deaths, modifications due to change of residence and everything related to the registration of natural persons.

That by means of Decree No. 62-2004 dated May 11, 2004, the Law of the National Registry of Persons was approved; and the State of Honduras is a subscriber to the OEA Democratic Charter, which establishes that the effective exercise of representative democracy is the basis of the Rule of Law and the constitutional regimes of the Member States of the Organization of American States. Representative democracy is strengthened and deepened with the permanent, ethical and responsible participation of citizens within a framework of legality in accordance with the respective constitutional order. WHEREAS: Both the Final Report of the Electoral Observation Mission of the European Union and the Organization of American States, in their respective recommendations to the State of Honduras following the electoral process of November 2017, coincide in establishing a process of updating and audit of the Civil Registry managed by the National Registry of Persons (RNP) and which serves as the basis for the National Electoral Census, aspects of relevance for transparency, legal security and the sustainability of Democracy. WHEREAS: In order to consolidate a National Registry of Persons (RNP) system in line with the rigor of international standards in matters of registry law, it is necessary to restructure the Institution so that it responds to the requirements that its creation objectives establish.

That in accordance with Article 205 Attributions 20) and 21) of the Constitution of the Republic, it is within the power of the National Congress to approve or disapprove the administrative conduct of the National Registry of Persons (RNP), Decentralized Institutions and other Auxiliary and Special Bodies of the State and to appoint special commissions for the investigation of matters of national interest.

Articles

Article 1.-

INTERVENTION.- To intervene in the National Registry of Persons (RNP) through an "Intervention Board" made up of three (3) principal members and two (2) alternates, elected by the National Congress, of which there shall be one coordinating member designated by the Plenary of the Legislative Power. The members of the Intervention Board shall serve exclusively in the management of the intervention. The intervention of the National Registry of Persons (RNP) has as objectives the restructuring, modernization, professionalization, strengthening and consequently the transformation of the Institution, with the purpose of ensuring respect for the human rights of persons, safeguarding national security and the interests of the Honduran State and providing a properly purged and updated national electoral census that provides integrity and transparency to future elections.

Article 2.-

DURATION.- The Intervention Board of the National Registry of Persons (RNP) shall have an indefinite duration until new persons are elected who, in accordance with the Law of the National Registry of Persons, shall occupy the positions of Director and Subdirectors, beginning their management as of the taking of their oath of office.

Article 3.-

OBJECTIVE OF THE INTERVENTION BOARD OF THE NATIONAL REGISTRY OF PERSONS (RNP). It has the objective of implementing a process of restructuring, improvement and optimization administrative, technical and managerial of the National Registry of Persons (RNP), which contributes to establishing a comprehensive audit of the procedures for modification in the registration of citizens and technically implementing a system of purging and permanent updating of its records, which allow the technical work of the Institution to achieve the fulfillment of the goals and objectives that are within its competence.

Article 4.-

FUNCTIONS OF THE INTERVENTION BOARD.- The Intervention Board of the National Registry of Persons (RNP) has the following functions:

  • 1)

    Assume all functions of administration, direction and legal representation of the National Registry of Persons (RNP). For this purpose, as of the entry into force of this Decree, the current directors of the National Registry of Persons (RNP) are suspended from their positions, having the obligation by Law to collaborate and provide access to information, records, databases and physical facilities throughout the country to the Intervention Board and to the persons it authorizes and delegates;

  • 2)

    Conduct a comprehensive diagnosis of the Institution, based on the functions and attributions that constitutionally and legally correspond to the National Registry of Persons (RNP);

  • 3)

    Conduct a process of restructuring, improvement and optimization administrative, technical and managerial of the National Registry of Persons (RNP), based on the functions and attributions that constitutionally and legally correspond to the National Registry of Persons (RNP);

  • 4)

    Conduct a comprehensive audit of the Civil Registry System, its procedures for modification in the registration of births and deaths of persons; as well as alternative procedures that may be carried out to modify the databases or the registration books with the purpose of documenting irregularly national or foreign persons;

  • 5)

    Carry out evaluation and purging mechanisms of all structures of the National Registry of Persons (RNP), through the application of trust tests, results-based management and all others that it deems appropriate;

  • 6)

    Technically implement a system of purging and permanent updating of its records and its contributions to the National Electoral Census, as well as the Identity Card;

  • 7)

    Define and execute a legal scheme for the selection of qualified personnel that permits the entry and advancement of personnel with the capacity and suitability for the position; and,

  • 8)

    Any other function that is oriented toward the fulfillment of its objectives.

Article 5.-

ASSIGNMENT OF FUNCTIONS AND ATTRIBUTIONS OF THE DIRECTOR AND SUBDIRECTORS AND DUTY TO COLLABORATE. For the fulfillment of its objectives, the Intervention Board assumes all the functions and attributions that legally correspond to the Director and Subdirectors of the National Registry of Persons (RNP), for as long as this Decree remains in force, who during this term should not exercise functions attributed to their positions. The Officials and Employees must cooperate with the functions of the Intervention Board and provide all information that is requested from them by the same. The Intervention Board may convene the Former Director and Former Subdirectors who up to now have served in those positions, with the objective of incorporating them in specific cases as advisors, because of the high knowledge they have on the subject due to years of service to the National Registry of Persons (RNP).

Article 6.-

OBLIGATIONS AND RESPONSIBILITIES. The members of the Intervention Board must perform exclusively in the work of transformation of the National Registry of Persons (RNP), and must act with integrity, legality and impartiality, having the obligation to submit a Quarterly Report on their activities and achievements of their management to the Board of Directors and to the Heads of the Parliamentary Groups of the National Congress.

Article 7.-

COLLEGIAL RESOLUTIONS. The resolutions of the Intervention Board of the National Registry of Persons (RNP) must be collegial and shall be adopted by simple majority of its members and are mandatory and of strict compliance.

Article 8.-

BUDGETARY ALLOCATION. The Ministry of State in the Department of Finance is ordered to credit the amount of TEN MILLION LEMPIRAS (L.10,000,000.00) to the Intervention Board of the National Registry of Persons (RNP) for the fulfillment of its functions and objectives. In case more resources are required, the Ministry of State in the Department of Finance is authorized to make the corresponding estimates and transfers. The foregoing without prejudice to the administration of the budget that corresponds to the National Registry of Persons (RNP) approved in the General Budget of Income and Expenditures of the Republic in accordance with the objectives set for said Board in this Decree.

Article 9.-

INTEGRATION OF THE INTERVENTION BOARD. The following persons are elected to make up the Intervention Board of the National Registry of Persons (RNP): As principal members: 1) ROLANDO KATTAN COORDINATOR 2) NORMAN ROY HERNÁNDEZ 3) OSCAR PORFIRIO RIVERA YNESTROZA As alternate members: 1) ROBERTO MONTENEGRO GIRÓN 2) GONZALO ALBERTO FUENTES MEJÍA

Article 10.-

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 Session Hall of the National Congress, on the twenty-fifth day of the month of September of the year two thousand eighteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMAS ZAMBRANO MOLINA SECRETARY WILMER RAYNEL NEAL VELÁSQUEZ SECRETARY To the Executive Power. Therefore: Execute it. Tegucigalpa, M.D.C., October 9, 2018. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENT OF FINANCE ROCIO IZABEL TÁBORA

Notes

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