Presidential Commission for the Coordination of the Water Sector
Poder Ejecutivo
- Decree: 118-2003
- Published: August 20, 2003
- Issuing body: Poder Ejecutivo
- Category: Administrative
Summary
This decree creates the Presidential Commission for Water Sector Coordination (CON-AGUAH) to coordinate government efforts, private companies, and civil organizations in water management. The commission will formulate policies, prioritize water and irrigation projects, improve service coverage, and promote efficient water use in Honduras, benefiting the entire population in need of this essential resource.
Considerations
Whereas the President of the Republic is responsible for the General Administration of the State and holds the supreme direction and coordination of the Centralized and Decentralized Public Administration. Among his powers is that of directing the general policy of the State and representing it, administering public finances, creating, maintaining and eliminating public services and taking measures that are necessary for their proper functioning. In the exercise of his functions, he may act by himself or in Council of Ministers.
Whereas the President of the Republic, by Decree in Council of Ministers, may issue within the Centralized Public Administration the precise regulations for, among other acts, creating the internal departments that may be necessary for proper administration and reorganizing those departments that the efficiency of the Administration may require.
Whereas notwithstanding all existing actors and the efforts made by them, in practice the water sector lacks a political body with sufficient hierarchy for decision-making regarding its benefit, for which reason it is considered necessary to create a central and strictly coordinating department, which established to the Government of the Republic, among others, the guidelines, policies, legal framework and most appropriate institutional structure to develop control of the water sector and, which in turn, orders, orients and coordinates all current actors and efforts to provide immediate, correct and effective responses to the population in need of an efficient water service; a department that will have strictly temporary validity and will be established as a body that sustainably receives the water sector, in which the public sector, private enterprise and civil organizations related to or dedicated to this activity are widely represented.
Whereas water is an essential resource for life and preferential and privileged human consumption is placed above other uses.
Whereas the supply of water is a necessity that involves processes in which a multitude of actors intervene and, for all it is the most important necessity to be covered, having in turn a preponderant role in economic activity, in investments and in job creation.
Whereas by Legislative Decree No. 118-2003, dated August 20, 2003, the Framework Law of the Drinking Water and Sanitation Sector was issued, published in the Official Gazette La Gaceta on October 8, 2003, having entered into force twenty (20) days after its publication.
Whereas within the objectives of the aforementioned Law are enumerated among them: To improve the quality of life of the population through the maintenance and expansion of coverage of drinking water and sanitation services, under the principles of quality, equity, solidarity, continuity and generality with citizen participation for greater efficiency in their provision; to propose different management modalities in order to achieve, in accordance with the conditions of each service, sustainability in the provision of drinking water and sanitation services; and to strengthen the organization of drinking water and sanitation services to the respective municipalities, which will retain the ownership of the service, among others.
Whereas in accordance with Article 235 of the Constitution of the Republic, the Executive Power is held by the President of the Republic.
Whereas in accordance with Article 252 of the Constitution of the Republic and Articles 17 and 20 of the General Law of Public Administration, the President of the Republic convenes and presides over the Council of Secretaries of State, which shall meet to adopt resolutions on all matters that he deems of national importance.
Whereas Legislative Decree number 278-2013, dated December 21, 2013, containing the Law for the Organization of Public Finances, Control of Exemptions and Anti-Tax Evasion Measures in its Article number 45 establishes the Fund for Solidarity and Social Protection for the Reduction of Extreme Poverty, which will be managed through a Trust Fund intended exclusively to guarantee the continuity and expansion of social programs and projects promoted by the Presidency of the Republic or the State Secretariat designated by the Council of Ministers.
Whereas in accordance with the General Provisions for the Execution of the General Budget of Income and Expenses of the Republic for the year 2015, in its Article 211 establishes that from the aforementioned fund the Trust Fund for the Fund for Solidarity and Social Protection for the Reduction of Extreme Poverty will be increased to be executed by the Government of the Republic, as well as to finance the commitments derived from the application of said Law.
Whereas the funds contained in the Trust Fund will have social oversight integrated by representatives of Non-Governmental Organizations designated by the Presidency of the Republic.
Whereas it is understood without effort that the programs: Better Life Bonus, Let's Develop Honduras,
Amendments
Articles
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" is hereby created, which shall be designated (CON-AGUAH), attached to the Presidency of the Republic.
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" (CON-AGUAH) shall coordinate, articulate, and contribute to all efforts to formulate, promote, and execute the National Strategy of the Water Sector of the Government of the Republic.
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" (CON-AGUAH) has the following functions and responsibilities:
- a)
Promote dialogue and consensus-building with the actors involved in the water sector for the purpose of defining legal and institutional mechanisms for the strengthening of the sector;
- b)
Propose to the President of the Republic, for his approval, a National Plan for Emergency Response of the Sector, for both irrigation and water for human consumption;
- c)
Prioritize, update, and unify all existing geographic, numeric, and statistical information related to the water sector to facilitate decision-making, taking advantage of the structure of the Interagency Commission for Spatial Data (CIDES);
- d)
Propose to the Presidency of the Republic the prioritization of water resources management issues in the Government's Strategic Planning;
- e)
Promote that all water resources management, both for irrigation and for human consumption, be carried out with a watershed approach as established in the development regions set forth in the Country Vision and the Nation Plan;
- f)
Propose to the Presidency of the Republic, for his approval, the priority programs and/or projects to execute public funds in the water sector, from national or foreign sources, including in cases of emergency;
- g)
Execute the directives and guidelines emanating from the Presidency of the Republic;
- h)
Promote legal organization of the Water Sector in its different uses;
- i)
Promote governance and governability of the use and exploitation of the water resource;
- j)
Promote the structural reform of the sector to ensure its adaptation to the challenges presented by current and future conditions;
- k)
Promote the acceleration, improvement, and effectiveness of the mechanisms, procedures, systems, and the channeling of public investment resources in the Sector;
- l)
Promote the organization, orientation, and ultimately the coordination of all actors and efforts of the water sector to provide immediate, correct, and effective responses to the population and sectors with water needs;
- m)
Promotion of guidance and awareness strategies about water culture to the population through water culture campaigns to the population, such as: web pages, media outlets, such as web pages, media outlets, such as: web pages, media outlets, such as web pages, media outlets, such as web pages, media outlets, such as web pages, media outlets, such as: web pages, media outlets, such as: web pages, media outlets, such as: web pages, radio announcements, printed press, television messages, agreements with municipalities and academic institutions, to become information and service centers of the Sector;
- n)
Articulate public and private investments and national and international donations for the water sector; o) Promote and develop broad conditions for broad participation of the organized private sector in the design, construction, financing, administration, and assessment of water solutions for local development, as well as promote citizen participation in supervision and surveillance framed within the law for adequate use of the resource, for which a systematic, consensus-based, and sustained process shall be promoted; p) Define interventions in municipal and regional jurisdictions with the leading and mandatory participation of municipalities and Regional Development Councils so that their planning is consistent with the logic of water framed in territorial organization and a structure ensuring productive water zones, in line with the decentralization process and other local strengthening strategies to be established; q) Promote agreements with Municipalities and Regional Development Councils and other civil institutions for the execution of plans, programs, and projects of the sector; r) Propose the management and prioritization of financial resources for the water sector, thereby reactivating the sector and the channeling thereof; s) Promote the coordination of actions with bilateral and multilateral financing entities and cooperating partners on water resources issues; t) Ensure the strengthening, sustainability, and continuity of existing programs and/or projects; u) Other functions that the Presidency of the Republic may delegate or instruct.
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" (CON-AGUAH) shall have a strictly temporary term for the purpose of formulating, promoting, and executing exclusively the Water Sector Strategy of the Government of the Republic, reflected in the preceding article, in which the public sector, private enterprise, and civil organizations related to or dedicated to this activity shall be broadly represented. The Presidential Commission may establish technical support commissions.
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" (CON-AGUAH) shall advise the Presidency of the Republic and establish the directives and guidelines for the formulation of sector policies, institutional coordination for their execution, and ultimately to contribute to the fulfillment of functions and responsibilities established in Article 1 of this Executive Decree.
The "PRESIDENTIAL COMMISSION FOR COORDINATION OF THE WATER SECTOR OF HONDURAS" (CON-AGUAH) is comprised of:
- a)
The Secretary of State of the Presidency, who shall exercise coordination;
- b)
The Secretary of State in the Office of General Coordination of Government;
- c)
The Secretary of State in the Office of Natural Resources, Environment, and Mines;
- d)
The Secretary of State in the Office of Agriculture and Livestock;
- e)
The Secretary of State in the Office of Social Development and Inclusion;
- f)
The Secretary of State in the Office of Economic Development;
- g)
The Secretary of State in the Office of Health;
- h)
The Regulatory Entity for Drinking Water and Sanitation Services (ERSAPS);
- i)
Permanent Commission of Contingencies (COPECO);
- j)
National Autonomous Service of Water Supply and Sewerage (SANAA);
- k)
The Institute of Forest Conservation (ICF);
- l)
Institute for Community Development, Water, and Sanitation (IDECOAS);
- m)
Strategic Investment of Honduras (INVEST-H)/Millennium Challenge Account;
- n)
Executive Directorate of the Nation Plan; o) Honduran Association of Water Administration Boards; p) Honduran Association of Water and Sanitation Service Providers; q) Honduran Association of Irrigation Users; r) Humanitarian Network of Honduras; s) Association of Municipalities of Honduras (AMHON); t) Table of Water and Sanitation Cooperating Partners of Honduras; and, u) Honduran Council of Private Enterprise (COHEP). The Coordination of this Presidential Commission shall request from each institution or dependency of those aforementioned the appointment of its representative and alternate. When the nature of the matters so requires, the President of the Republic or the Coordinator of the Commission may include other Secretaries of State, heads of decentralized and autonomous entities, and other institutions or organizations of the private sector and organized civil society. The different institutions and dependencies of the Centralized and Decentralized Public Administration shall be obligated to provide all collaboration that is required of them.
This Executive Decree shall enter into force on the day of its publication in "La Gaceta", Official Gazette of the Republic. Given at Presidential House, Tegucigalpa, municipality of the Central District, on the first day of the month of September of two thousand fifteen (2015). LET IT BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNÁNDEZ ALVARADO CONSTITUTIONAL PRESIDENT OF THE REPUBLIC JORGE RAMÓN HERNÁNDEZ ALCERO SECRETARY OF GENERAL COORDINATION OF GOVERNMENT ROBERTO ZACAPA SECRETARY OF THE PRESIDENCY, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE, AND DECENTRALIZATION ARTURO CORRALES SECRETARY OF STATE IN THE OFFICES OF FOREIGN RELATIONS AND INTERNATIONAL COOPERATION RICARDO LEONEL CARDONA SECRETARY OF STATE IN THE OFFICES OF SOCIAL DEVELOPMENT AND INCLUSION DILCIA AGUIRIANO SECRETARY OF STATE IN THE OFFICE OF ECONOMIC DEVELOPMENT, BY LAW ROBERTO ANTONIO ORDÓÑEZ SECRETARY OF STATE IN THE OFFICES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIÁN PACHECO SECRETARY OF STATE IN THE OFFICE OF SECURITY SAMUEL ARMANDO REYES SECRETARY OF STATE IN THE OFFICE OF DEFENSE EDNA YOLANI BATRES SECRETARY OF STATE IN THE OFFICE OF HEALTH MARLON ONIEL ESCOTO VALERIO SECRETARY OF STATE IN THE OFFICE OF EDUCATION CARLOS MADERO SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY JACOBO PAZ SECRETARY OF STATE IN THE OFFICES OF AGRICULTURE AND LIVESTOCK JOSÉ ANTONIO GALDAMES SECRETARY OF STATE IN THE OFFICES OF ENERGY, NATURAL RESOURCES, ENVIRONMENT, AND MINES CARLOS MANUEL BORJAS CASTEJÓN SECRETARY OF STATE IN THE OFFICE OF FINANCE, BY LAW
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