Decree 60-2020
Congreso Nacional
- Decree: 60-2020
- Published: July 16, 2020
- Issuing body: Congreso Nacional
- Gazette: 35,315
- Category: Administrative
Summary
This decree requires television stations, radio broadcasters, and internet companies to provide free airtime and services during emergencies that close schools, so the Ministry of Education can broadcast virtual classes. It aims to ensure all students can access remote education when they cannot physically attend school.
Considerations
That the Constitution of the Republic establishes in its Article 151 that Education is an essential function of the State for the conservation, promotion and dissemination of culture, which must project benefits to society without discrimination of any kind.
That according to the Constitution of the Republic "Every child shall enjoy the benefits of social security and education".
That Article 125 of the Constitution of the Republic establishes that: "The media shall cooperate in the formation and education of the child".
That by Constitutional mandate, the Secretariat of State in the Ministry of Education must adopt the measures that are necessary so that the general programming of national education is integrated into a coherent system, in order that students respond adequately to the requirements of higher education.
That in accordance with what is established in Article 176 of the Constitution of the Republic: "The State's media are at the service of education and culture. Private media are obligated to contribute to the achievement of such purposes".
That the Framework Law of the Telecommunications Sector establishes in Article 10 that: "Radio stations, television and other broadcasting services shall be obligated when the National Telecommunications Commission (CONATEL) requests it, to grant spaces for national broadcast to disseminate messages from the Presidents of the three (3) State Powers and for cases of national emergency and of national, cultural and civic interest".
That the Secretariat of State in the Office of Education has begun a plan to develop classes under the virtual modality, with the strategy "WE WANT YOU STUDYING AT HOME", to guarantee the continuity of student education from their homes during the emergency declared by the State due to the COVID-19 pandemic.
That this important educational strategy that arises from the alliance of the National Telecommunications Commission (CONATEL) and the Secretariat of State in the Office of Education, through STVE TELEBÁSICA, already has the participation of cable television companies; however, it is necessary that resources from local television and radio broadcasters also be used, in order to guarantee that the content developed by the Secretariat of State in the Office of Education can reach more students.
That in accordance with what is established in 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.
Articles
During the validity of Decrees of Suspension of Rights, declared by the Government within the framework of what is established in Article 187 of the Constitution, due to the invasion of national territory, serious disturbance of the peace, epidemic and any other calamity or situation that prevents children from traveling to educational centers and as a consequence of which the suspension of in-person classes in the public education system is generated, whether at the national, regional, departmental or municipal level; all local television and radio stations and similar entities shall cede within their programming schedule, during the hours between 7:00 AM and 6:00 PM, one hour daily, which may be more if there is consensus with the media owner, from Monday to Friday, in a continuous and distributed manner, to disseminate content provided by the Ministry of Education, in order to guarantee the continuity of education in a non-in-person manner within the public education system during the declared emergency. The National Telecommunications Commission (CONATEL) shall seek to reach agreements with the companies referenced in the previous paragraph so that the transmission of programs is carried out at the same time. Cable operators are required to upload all open national television channels with free reception and frequencies registered with the National Telecommunications Commission (CONATEL) to their service network.
During the school year that began in 2020, and while classes in the public education system are not resumed in person, all companies that offer internet service, including the use of mobile data, at the national level; must provide free internet service to the Ministry of Education so that both teachers and students of the public education system can carry out activities framed within the strategy defined by the Ministry of Education for the delivery of virtual classes. Given the finite capacity of mobile data service and in order to avoid network saturation, the National Telecommunications Commission (CONATEL) shall regulate the technical conditions applicable to the content to be downloaded and access to mobile operators' systems. As for other aspects, the manner of compliance with this Article must be determined between the Ministry of Education and the National Telecommunications Commission (CONATEL), with the cooperation of internet service provider companies at the national level. The designed strategy must be communicated by the National Telecommunications Commission (CONATEL) and begin its implementation no later than fifteen (15) days after the entry into force of this Decree.
The Ministry of Education must guarantee access to education for each student at the national level, so that in those places where there is no access to any of the means of communication described in this Decree, while the state of emergency decreed by the Executive Power lasts, it must coordinate with local governments a strategy that allows for the distribution of printed material and the necessary logistics to continue with the educational process.
The Ministry of Education must design a plan that allows for the provision and allocation of information and communication technologies to educational centers at the national level that lack such technologies. This plan must be implemented gradually, so that by the end of 2020, all educational centers at the national level are properly equipped in accordance with their needs and the new reality we are experiencing.
Non-compliance with the provisions contained in this Law shall result in the sanctions established in the Regulatory Framework Law for the Telecommunications Sector (CONATEL).
TRANSITORY PROVISION. For the school year begun in 2020, regardless of the year or date of its completion, provided that there is a suspension of in-person classes in the public education system, the provisions of this Decree must be applied, even if the Decrees suspending Constitutional Guarantees are no longer in effect.
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, held in virtual format, on the twenty-first day of the month of May of the year two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., June 26, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF EDUCATION ARNALDO BUESO HERNÁNDEZ
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- Executive Decree PCM-039-2021 by which the measures of restriction to fundamental rights are extended — This decree extends restrictions on fundamental rights in Honduras during April 2021 to contain the spread of COVID-19. It limits people's movement to specific hours (5:00 a.m. to 10:00 p.m.) and closes bars, nightclubs, cinemas, gyms, and educational centers, affecting the entire population except authorized shift workers. (Decree 71-2019, 2021)
- Decreto Legislativo No. 60-2020 — Medidas para facilitar la educación no presencial a través de medios digitales en casos excepcionales (Decree 60-2020, 2020)
- Decree 60-2021 — This decree authorizes increasing the budget of the National Electoral Council (CNE) by one billion lempiras for the 2021 general elections. The funds are used to purchase computer systems, equipment, and services needed to ensure free and transparent elections, with the CNE required to report monthly on how the money is spent. (Decree 60-2021, 2021)