Decree 32-2020

SPECIFIC PROHIBITIONS: 1) Work is suspended in the Public and Private Sector during the time of exception; 2) Events of all types and number of people are prohibited; 3) Suspension of public transportation operations; 4) The suspension of in-person religious celebrations is ordered; 5) The operation of businesses including shopping centers is prohibited; and, 6) The closure of all air, land and sea borders in the national territory is ordered. ARTICLE 3.- The restriction on the constitutional guarantees enumerated in Article 1 of the

present Executive Decree has the following exceptions: EXCEPTIONS TO THE RESTRICTION OF THE RIGHT TO FREE MOVEMENT OF PERSONS: Persons may only circulate on public roads for the performance of the following activities: 1) Acquisition of food, pharmaceutical products and necessities; 2) Assistance to health centers, services and establishments; 3) Movement to the place of work to perform their work, professional or business services to industries authorized in this same Decree; 4) Return to the usual place of residence; 5) Health personnel who assist or care for the elderly, minors, dependents, persons with disabilities or especially vulnerable persons; and, 6) Movement to financial entities, cooperatives and insurance companies; Likewise, the circulation of private vehicles on public roads shall be permitted for the performance of the activities referred to in the preceding section or for the supply of fuel. In any case, in any movement they must respect the recommendations and obligations issued by health authorities. The State Secretariat in the Security Office may order the closure of roads or sections of them from circulation for reasons of public health, safety or traffic flow or the restriction of access to certain vehicles for the same reasons. In the same terms, mandatory personal services may be imposed, in case it is necessary to achieve the purposes of this Executive Decree. EXCEPTIONS TO THE CIRCULATION OF PUBLIC OFFICIALS: Persons who are part of the institutions that form part of the National Risk System (SINAGER), medical and nursing personnel, health regulation, accredited emergency and relief entities by their public or private institution, ambulances, members of security and justice bodies and high officials of the State properly identified; the Magistrates of the Supreme Court of Justice, the Attorney General and Deputy Attorney General, the President and Board of Directors of the National Congress, the National Human Rights Commissioner or his assigned personnel and personnel duly authorized by the State Secretariat in the Health Office and other High Officials of the Institutions of the Centralized and Decentralized. ARTICLE 4.- Specific exceptions related to commerce and industry:

• 1)

  The entry of Hondurans, permanent and temporary residents, as well as the diplomatic corps accredited in the country is exempted from the closure of borders, which shall enter into mandatory quarantine immediately upon entry in accordance with the guidelines of the Health Secretariat;

• 2)

  Public employees are exempted, from the personnel incorporated to address this emergency, high officials, health, relief, security and national defense personnel, the Consumer Protection Directorate, customs personnel, migration, ports and airports or other essential public service;

• 3)

  Hospitals, medical care centers, medical and veterinary laboratories;

• 4)

  Pharmaceutical industry, pharmacies, drugstores and companies dedicated to the production of disinfectants and hygiene products;

• 5)

  Public transportation for health reasons and contracted by companies within these exceptions to mobilize their workers;

• 6)

  Gas stations;

• 7)

  Markets, supermarkets, small markets, small grocery stores and grocery stores;

• 8)

  Restaurants with self-service who may provide care only through a window;

• 9)

  Restaurant kitchens that have home delivery service and companies dedicated to home delivery service;

• 10)

  Hotels for lodging and meals in the rooms of their guests;

• 11)

  Security companies and money transport;

• 12)

  Banks and savings and credit cooperatives;

• 13)

  Cleaning train;

• 14)

  Agri-food industry including food and beverage distribution centers;

• 15)

  Agricultural industry, agricultural harvesting work and agrochemical companies;

• 16)

  Industry dedicated to the production of energy;

• 17)

  Telecommunications, internet service providers and media including radio, television, newspapers and cable companies;

• 18)

  Air, maritime and land cargo industry for import, export, supplies and ports;

• 19)

  All activities carried out through information and communication technologies (ICTs) such as: The

  Telework, Telemedicine, Tele-education and other productive activities carried out at home; and, 20) Humanitarian transport and water supplies. The State Secretariat in the Economic Development Office, based on the Production System, may authorize the operation of a company or, failing that, agree on the mechanism for suspension of operations as in the case of the maquiladora and manufacturing sector, this in coordination with SINAGER and the State Secretariat in the Labor and Social Security Office. ARTICLE 5. The Armed Forces and the National Police and National Investigation and Intelligence Directorate, the Inter-institutional National Force (FUSINA) and the National Anti-Gangs Force, shall support the State Secretariat in the Health Office to implement the emergency and health plans necessary to maintain order and above all health in order to prevent the spread of the virus. ARTICLE 6. The competent authorities must: 1. Detain any person found circulating outside the established exceptions. All detainees shall be read their rights in accordance with the Penal Code, guaranteeing their rights established in the Constitution, and the Treaties and International Conventions of which Honduras is a part. Likewise, a record must be kept at each checkpoint, post or police and military facility in the country, with the identification data of all detained persons, reasons, time of detention, entry and exit of the post or police or military facility, noting the physical condition of the detainee; 2. The term of detention shall be in accordance with what is established in the Constitution and the Law and shall be placed at the disposal of the Public Ministry when applicable. The conditions of detention must comply with the Sanitary Protocols to prevent contagion established by the State Secretariat in the Health Office; and, 3. All State Secretariats, Decentralized Institutions, Deconcentrated Institutions and other bodies of the Executive Power, must place at the disposal of the Health Secretariat, key and support personnel as well as their logistical equipment such as vehicles, buildings, facilities, and those required by the Health Secretariat in this health emergency. ARTICLE 7.- This Executive Decree is of immediate execution and must be published in the Official Newspaper of the Republic "La Gaceta". Given at Presidential House in the city of Tegucigalpa, municipality of the Central District, on the fifteenth (15) day of the month of March of the year two thousand twenty (2020). COMMUNICATE and PUBLISH. JUAN ORLANDO HERNANDEZ ALVARADO, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. MARTHA VICENTA DOBLADO ANDARA, STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION, BY LAW. EBAL JAIR DÍAZ LUPIAN, STATE SECRETARY IN THE PRESIDENCY OFFICE. HECTOR LEONEL AYALA ALVARENGA, STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION. LISANDRO ROSALES BANEGAS, STATE SECRETARY IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION. REINALDO ANTONIO SÁNCHEZ RIVERA, STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION. MARÍA ANTONIA RIVERA, STATE SECRETARY IN THE ECONOMIC DEVELOPMENT OFFICE. ROBERTO ANTONIO PINEDA RODRÍGUEZ, STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES. JULIAN PACHECO TINOCO, STATE SECRETARY IN THE NATIONAL SECURITY OFFICE. FREDY SANTIAGO DIAZ ZELAYA, STATE SECRETARY IN THE NATIONAL DEFENSE OFFICE. ALBA CONSUELO FLORES, STATE SECRETARY IN THE HEALTH OFFICE. ARNALDO BUESO HERNÁNDEZ, STATE SECRETARY IN THE EDUCATION OFFICE. CARLOS ALBERTO MADERO ERAZO, STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY. MAURICIO GUEVARA PINTO, STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK. ELVIS YOVANNI RODAS FLORES, STATE SECRETARY IN THE

  OFFICES OF NATURAL RESOURCES AND ENVIRONMENT. ROCIO IZABEL TABORA MORALES, STATE SECRETARY IN THE FINANCE OFFICE. KARLA EUGENIA CUEVA AGUILAR, STATE SECRETARY IN THE HUMAN RIGHTS OFFICE. ROBERTO ANTONIO ORDOÑEZ WOLFOVICH, STATE SECRETARY IN THE ENERGY OFFICE. NICOLE MARRDER AGUILAR STATE SECRETARY IN THE TOURISM OFFICE. NELSÓN JAVIER MARQUEZ EUCEDA, STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS). GABRIEL ALFREDO RUBÍ PAREDES, STATE SECRETARIAT IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES". "EXECUTIVE DECREE NUMBER PCM-022-2020. THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC IN COUNCIL OF STATE SECRETARIES, CONSIDERING: That the human person is the supreme end of society and the State, consequently, we all have the obligation to respect and protect it in such a way that the Constitution of the Republic enshrines the right to health protection of the Honduran population. CONSIDERING: That the Constitution of the Republic establishes in Article 187 that: The exercise of the rights established in Articles 69, 78, 81, 84, 99 and 103, may be suspended in case of: Invasion of national territory, serious disturbance of peace, epidemic or any other general calamity, by the President of the Republic in Council of Ministers, by means of a Decree that shall contain:

  • 1)

    The reasons that justify it;

  • 2)

    The guarantee or guarantees that are restricted;

  • 3)

    The territory that the restriction shall affect; and, 4. The time that it shall last. Furthermore, the National Congress shall be convened in the same Decree so that within the period of thirty (30) days, it shall know of said Decree and ratify, modify or disapprove it. In case it is in session, it shall immediately know of the Decree. The restriction of guarantees may not exceed a period of forty-five (45) days each time it is decreed. CONSIDERING: That in accordance with Article 245 numerals 2 and 11 of the Constitution of the Republic, it is incumbent upon the President of the Republic to direct the general policy of the State and represent it, issue Agreements and Decrees and issue Regulations and Resolutions in accordance with the Law. CONSIDERING: That in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has in his charge the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of his functions, to act by himself or in Council of State Secretaries. CONSIDERING: That by Executive Decree Number PCM-005-2020 dated February 10, 2020 and published in the Official Newspaper "La Gaceta" dated February 10, 2020, a STATE OF HEALTH EMERGENCY was declared, throughout the entire national territory, with the purpose of continuing and strengthening the actions of prevention and control and guaranteeing care for people who are suffering from dengue; likewise strengthen the actions of surveillance, prevention, control and guarantee care for people in the face of the probable occurrence of coronavirus infection (COVID-19). CONSIDERING: That by Executive Decree number PCM-021-2020 and based on what is established in Article 245 numerals 4, 7, and 16, the President in Council of State Secretaries, determined to restrict or suspend the exercise of some constitutional rights in order to safeguard human life, the supreme end of society and the State. CONSIDERING: That currently the Coronavirus pandemic (COVID-19), to date has left more than 240,000 cases of contagion in 169 countries in the world. The number of deaths exceeds 9,700 throughout the world, in Honduras the greatest surge is reported in the Department of Francisco Morazán where the confirmed cases have already reached seven (7), followed by the Departments of Choluteca and Cortés with four (4) cases each and finally the Department of Atlántida with one (1) infected person. CONSIDERING: That to date the Epidemiological Surveillance System of the State Secretariat

    in the Health Office, through the National Virology Laboratory by means of laboratory examination there are more confirmed cases of COVID-19, and that these extraordinary measures are necessary for national containment to curb the spread and mitigate the negative impacts on the health of people, and save lives. THEREFORE; In the use of the powers contained in Articles 59, 65, 69, 78, 81, 84, 99, 103, 145, 187, 245 numerals 2, 11, 29, Articles 248, 252, 321 and 323 of the Constitution of the Republic; Article 93 of the General Budget of Income and Expenses of the Republic, Fiscal Year 2020; Article 9 of the State Contracting Law; Articles 7, 11, 17, 18, 20, 22 numerals 9, 116 and 117 of the General Law of Public Administration and its reforms according to Legislative Decree Number 266-2013; Article 5 of the Law of the National Risk Management System (SINAGER); Executive Decree Number PCM-005-2020 and Executive Decree Number PCM-021-2020. IT DECREES: ARTICLE 1.- Reform Articles 1 and 4 of Executive Decree Number PCM-021-2020 dated March 15, 2020 and published in the Official Newspaper "La Gaceta" dated March 16, 2020, which should read as follows:

The constitutional guarantees established in articles 69, 78, 81, 84, 99, and 103 of the Constitution of the Republic are restricted due to the humanitarian and health emergency at the national level, for a period of seven (7) days from the approval and publication of this Executive Decree, and must be sent to the Secretariat of the National Congress for the purposes of Law." ARTICLE 4.- Specific exceptions related to commerce, industry and others: 1) …; to 20)….The State Secretariat in the Economic Development Office… Likewise, the State Secretariat in the Offices of Foreign Affairs and International Cooperation, the State Secretariat in the Health Office, the Migration and Civil Aeronautics Institute, shall coordinate what is related to humanitarian transport of foreigners in Honduras who return by any means of transport to other countries, as well as the entry of Honduran citizens to national territory taking into consideration the most appropriate sanitary measures in accordance with the protocols established by PAHO/WHO and the Health Secretariat". ARTICLE 2.- Due to the humanitarian and health emergency, the restriction at the national level of the constitutional guarantees established in articles 69, 78, 81, 84, 99, and 103 of the Constitution of the Republic is continued for a period of seven (7) more days, effective from March 21 of the present year. Having to inform the National Congress of this extension for the purposes established in the Law. ARTICLE 3.- This Decree shall enter into force on the day of its publication in the Official Newspaper "La Gaceta". Given at Presidential House in the City of Tegucigalpa, Municipality of the Central District, on the twentieth (20) day of the month of March in the year two thousand twenty (2020). COMMUNICATE and PUBLISH. JUAN ORLANDO HERNANDEZ ALVARADO, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. MARTHA VICENTA DOBLADO ANDARA, STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION, BY LAW. EBAL JAIR DÍAZ LUPIAN, STATE SECRETARY IN THE PRESIDENCY OFFICE. HECTOR LEONEL AYALA ALVARENGA, STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION. LISANDRO ROSALES BANEGAS, STATE SECRETARY IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION. REINALDO ANTONIO SÁNCHEZ RIVERA, STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION, MARÍA ANTONIA RIVERA, STATE SECRETARY IN THE ECONOMIC DEVELOPMENT OFFICE, ROBERTO ANTONIO PINEDA RODRÍGUEZ, STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES. JULIAN PACHECO TINOCO, STATE SECRETARY IN THE NATIONAL SECURITY OFFICE. FREDY SANTIAGO DIAZ ZELAYA, STATE SECRETARY IN THE NATIONAL DEFENSE OFFICE. ALBA CONSUELO FLORES,

STATE SECRETARY IN THE HEALTH OFFICE. ARNALDO BUESO HERNÁNDEZ, STATE SECRETARY IN THE EDUCATION OFFICE. CARLOS ALBERTO MADERO ERAZO, STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY. MAURICIO GUEVARA PINTO, STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK. ELVIS YOVANNI RODAS FLORES, STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT. ROCIO IZABEL TABORA MORALES, STATE SECRETARY IN THE FINANCE OFFICE. KARLA EUGENIA CUEVA AGUILAR, STATE SECRETARY IN THE HUMAN RIGHTS OFFICE. ROBERTO ANTONIO ORDOÑEZ WOLFOVICH, STATE SECRETARY IN THE ENERGY OFFICE. NICOLE MARRDER AGUILAR, STATE SECRETARY IN THE TOURISM OFFICE. NELSÓN JAVIER MARQUEZ EUCEDA, STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS). GABRIEL ALFREDO RUBÍ PAREDES, STATE SECRETARIAT IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES". " EXECUTIVE DECREE NUMBER PCM-026-2020 THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC IN COUNCIL OF STATE SECRETARIES, CONSIDERING: That the Constitution of the Republic establishes in Article 187 that: The exercise of the rights established in Articles 69, 78, 81, 84, 99 and 103, may be suspended in case of: Invasion of national territory, serious disturbance of peace, epidemic or any other general calamity, by the President of the Republic in Council of Ministers, by means of a Decree that shall contain:

• 1)

  The reasons that justify it;

• 2)

  The guarantee or guarantees that are restricted;

• 3)

  The territory that the restriction shall affect; and, 4. The time that it shall last. Furthermore, the National Congress shall be convened in the same Decree so that within the period of thirty (30) days, it shall know of said Decree and ratify, modify or disapprove it. In case it is in session, it shall immediately know of the Decree. The restriction of guarantees may not exceed a period of forty-five (45) days each time it is decreed. CONSIDERING: That Article 59 of the Constitution of the Republic enshrines that the human person is the supreme end of society and the State, consequently, we all have the obligation to respect and protect it, likewise it enshrines the right to health protection of the Honduran population. CONSIDERING: That in accordance with Article 11 of the General Law of Public Administration, the President of the Republic has in his charge the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of his functions, to act by himself or in Council of State Secretaries. CONSIDERING: That by Executive Decree number PCM-021-2020 and based on what is established in Article 245 numerals 4, 7, and 16, the President in Council of State Secretaries, determined to restrict or suspend the exercise of some constitutional rights in order to safeguard human life, the supreme end of society and the State. CONSIDERING: That by Executive Decree number PCM-022-2020, published in the Official Newspaper "La Gaceta" dated March 21, 2020, the President in Council of State Secretaries, approved extending the suspension of the exercise of some constitutional rights in order to safeguard the human life of the Honduran population, by virtue of the fact that the Epidemiological Surveillance System of the State Secretariat in the Health Office, through the National Virology Laboratory and through laboratory examinations confirmed the existence in total to date of one hundred ten (110) positive cases of the COVID-19 virus. THEREFORE; In the use of the powers contained in Articles 59, 65, 69, 78, 81, 84, 99, 103, 145, 187, 245 numerals 2, 11, 29, 245 numerals 4), 7) and 16), 248, 252, 321 and 323 of the Constitution of the Republic; Articles 7, 11, 17, 18, 20, 22 numerals 9, 116 and 117 of the General Law of Public Administration and its reforms according to Legislative Decree Number

  266-2013; Article 5 of the Law of the National Risk Management System (SINAGER); Executive Decree Number PCM-005-2020, Executive Decree Number PCM-021-2020 and Executive Decree PCM-022-2020. IT DECREES: ARTICLE 1.- Extend for seven (7) days, the restriction at the national level of the constitutional guarantees established in articles 69, 78, 81, 84, 99, and 103 of the Constitution of the Republic, effective from March 29 of the present year. The above in order to safeguard the life of the Honduran population in the face of the new positive cases of the COVID-19 pandemic, these extraordinary measures being necessary to contain at the national level the spread of the virus and mitigate the negative impacts on the health of people, and above all save lives. ARTICLE 2.- This Executive Decree enters into force on the day of its publication in the Official Newspaper of the Republic "La Gaceta" and must be sent to the Secretariat of the National Congress for the purposes of Law. Given at Presidential House in the city of Tegucigalpa, municipality of the Central District, on the twenty-eighth (28) day of the month of March in the year two thousand twenty (2020) COMMUNICATE and PUBLISH. JUAN ORLANDO HERNANDEZ ALVARADO, CONSTITUTIONAL PRESIDENT OF THE REPUBLIC. MARTHA VICENTA DOBLADO ANDARA, STATE SECRETARY IN THE OFFICE OF GENERAL GOVERNMENT COORDINATION, BY LAW. EBAL JAIR DÍAZ LUPIAN, STATE SECRETARY IN THE PRESIDENCY OFFICE. HECTOR LEONEL AYALA ALVARENGA, STATE SECRETARY IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION. LISANDRO ROSALES BANEGAS, STATE SECRETARY IN THE OFFICES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION. REINALDO ANTONIO SÁNCHEZ RIVERA, STATE SECRETARY IN THE OFFICES OF DEVELOPMENT AND SOCIAL INCLUSION. MARÍA ANTONIA RIVERA, STATE SECRETARY IN THE ECONOMIC DEVELOPMENT OFFICE. ROBERTO ANTONIO PINEDA RODRÍGUEZ, STATE SECRETARY IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES. JULIAN PACHECO TINOCO, STATE SECRETARY IN THE NATIONAL SECURITY OFFICE. FREDY SANTIAGO DIAZ ZELAYA, STATE SECRETARY IN THE NATIONAL DEFENSE OFFICE. ALBA CONSUELO FLORES, STATE SECRETARY IN THE HEALTH OFFICE. ARNALDO BUESO HERNÁNDEZ, STATE SECRETARY IN THE EDUCATION OFFICE. CARLOS ALBERTO MADERO ERAZO, STATE SECRETARY IN THE OFFICES OF LABOR AND SOCIAL SECURITY. MAURICIO GUEVARA PINTO, STATE SECRETARY IN THE OFFICES OF AGRICULTURE AND LIVESTOCK. ELVIS YOVANNI RODAS FLORES, STATE SECRETARY IN THE OFFICES OF NATURAL RESOURCES AND ENVIRONMENT. ROCIO IZABEL TABORA MORALES, STATE SECRETARY IN THE FINANCE OFFICE. KARLA EUGENIA CUEVA AGUILAR, STATE SECRETARY IN THE HUMAN RIGHTS OFFICE. ROBERTO ANTONIO ORDOÑEZ WOLFOVICH, STATE SECRETARY IN THE ENERGY OFFICE. NICOLE MARRDER AGUILAR, STATE SECRETARY IN THE TOURISM OFFICE. NELSÓN JAVIER MARQUEZ EUCEDA, STATE SECRETARY IN THE OFFICES OF COMMUNITY DEVELOPMENT, WATER AND SANITATION (SEDECOAS). GABRIEL ALFREDO RUBÍ PAREDES, STATE SECRETARIAT IN THE OFFICES OF RISK MANAGEMENT AND NATIONAL CONTINGENCIES".