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March 13, 2024In force

Decree 15-2024

Congreso Nacional

  • Decree: 15-2024
  • Published: March 13, 2024
  • Issuing body: Congreso Nacional
  • Gazette: 36,484
  • Category: Commercial

Summary

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This decree declares Black Matrix Opal as Honduras's National Gem to protect and promote this unique precious stone found nowhere else in the world. It orders the Honduran Institute of Geology and Mines to create support programs to industrialize, process, and market opal, benefiting citizens and the national economy.

Considerations

That the Constitution of the Republic in its Article 172 establishes that "All anthropological, archaeological, historical and artistic wealth of Honduras forms part of the Cultural Heritage of the Nation. The Law shall establish the norms that will serve as the basis for its conservation, restoration, maintenance and restitution, as applicable. It is the duty of Hondurans to watch over its conservation and prevent its removal, sites of cultural beauty, monuments and reserved zones shall be under the protection of the State".

That in accordance with Article 340 of the Constitution of the Republic, the technical and rational exploitation of Natural Resources is declared to be of public utility and necessity, likewise the regulation of their use, in accordance with social interest, setting the conditions for their grant to private parties because industry and commerce on a small and large scale constitute the heritage of Hondurans, for which their protection is an objective of law.

That Honduras since colonial times has been known as a country possessing large deposits of different varieties of Opals and that by means of Legislative Decree No. 119-2008 of September 9, 2008, published in the Official Gazette "La Gaceta" in Edition number 31,805 dated January 7, 2009, reserved areas are created exclusively for the exploitation of Opal in Honduras by residents of the zones of the department of Lempira, with the objective of maintaining economic benefits solely among the communities involved.

That Honduran Opal is a Unique Gem of incomparable natural beauty, and only five (5) countries in the world possess deposits of as much variety of Opals as the Honduran and furthermore it is located in a small geographic region, the department of Lempira, which possesses the availability of the varieties of this Precious Gem that represent great demand worldwide, at least five (5) of these, such as the famous Black Matrix Opal, being the most promising.

That there exists an awareness in the Gems market worldwide and of the existence of Honduras as a potential supplier of Opal Gems of very good quality, taking into account that currently said mineral is exploited, processed and transformed only for artisanal purposes in the national territory, not yet being positioned in the international market despite its high value, quality and market price worldwide.

That it is the duty of the State to establish the mechanisms for the protection, safeguarding and conservation of culture in all its aspects with the purpose of strengthening the country's development.

That in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress to: Create, decree, interpret, reform and repeal laws.

That the Constitution of the Republic of Honduras 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".

That it is necessary for the State of Honduras to adopt legislative measures to comply with recommendations in environmental matters, such as that suggested in the Universal Periodic Review (UPR) which recommended to the State of Honduras to continue giving priority to efforts aimed at the recognition and protection of journalists and human rights defenders.

That by means of Legislative Decree No. 62-2022 of May 27, 2022, published in the Official Gazette "La Gaceta" dated June 18, 2022, the Honduran social and environmental activist BERTHA ISABEL CÁCERES FLORES was elevated to the Category of National Heroine.

That 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

Article 1.-

Declare the BLACK MATRIX OPAL as "NATIONAL GEM" with the objective of creating from this precious stone, unique in the world, national patrimony due to its importance, beauty, price and outstanding cultural value of our nation.

Article 2.-

It is declared of national interest, the industrialization, manufacturing, processing, commercialization and cutting of the BLACK MATRIX OPAL "NATIONAL GEM" whose existence as a natural resource in Honduras is unique in the world.

Article 3.-

Due to its importance and with the purpose of protecting national industry and economy, the Honduran Institute of Geology and Mines (INHGEOMIN) is authorized and instructed to create a Support and Promotion Program for activities related to the value chain of Opal as a mineral and as a precious stone, together with the State Department of Foreign Affairs and International Cooperation and the Honduran Institute of Tourism.

Article 4.-

The Honduran Institute of Geology and Mines (INHGEOMIN) is instructed to regulate Legislative Decree No. 119-2008 dated September 9, 2008, published in the Official Newspaper "La Gaceta", in Edition number 31,805, dated January 7, 2009, taking into consideration the entire value chain of Opal and its declaration of BLACK MATRIX OPAL "NATIONAL GEM" in order to regulate the transformation of the mineral, guaranteeing that the percentage of exportation of the Honduran Gem cut, polished, shined, processed, transformed and enhanced, be greater than what could be exported of raw black Opal.

Article 5.-

This Decree shall enter into force as of the day of its publication in the Official Newspaper "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Chamber of Sessions of the National Congress, on the twenty-first day of the month of February of two thousand twenty-four. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY LINDA FRANCÉS DONAIRE PORTILLO SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., February 28, 2024. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT Legislative Branch DECREE No. 17-2024 THE NATIONAL CONGRESS, CONSIDERING: That the Constitution of the Republic of Honduras in its Article 59 establishes that "The human person is the supreme end of society and of the State. All have the obligation to respect and protect it. The dignity of the human being is inviolable". CONSIDERING: That it is necessary for the State of Honduras to adopt legislative measures to comply with recommendations in environmental matters, such as that suggested in the Universal Periodic Review (UPR) which recommended to the State of Honduras to continue giving priority to efforts aimed at the recognition and protection of journalists and human rights defenders. CONSIDERING: That by means of Legislative Decree No. 62-2022 of May 27, 2022, published in the Official Newspaper "La Gaceta" dated June 18, 2022, the Honduran social and environmental activist BERTHA ISABEL CÁCERES FLORES was elevated to the Category of National Heroine. CONSIDERING: That pursuant to Article 205, Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress to: Create, decree, interpret, reform and repeal laws. THEREFORE,

Notes

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