Decree 41-2022
Congreso Nacional
- Decree: 41-2022
- Published: May 23, 2022
- Issuing body: Congreso Nacional
- Gazette: 35,930
- Category: Administrative
Summary
This decree declares April 7th as the National Day for the Fight Against Corruption and for National Dignity (a national holiday without work suspension). It requires public and educational institutions to conduct awareness, prevention and education activities against corruption, and establishes a national award for people who contribute to uncovering acts of corruption.
Considerations
Whereas the State of Honduras is a signatory country to the United Nations Convention Against Corruption and the Inter-American Convention against Corruption, instruments that aim at the prevention and combat of this scourge that undermines the legitimacy of public institutions, threatens society, moral order and justice, as well as the integral development of peoples.
Whereas corruption weakens public institutions by causing loss of credibility in government, creating insecurity, damaging equity and efficiency in resource allocation; similarly, it generates great social impact and harm, resulting in the violation of the Rule of Law.
Whereas as an act to demonstrate the exhaustion and impotence being experienced at that time within the Public Ministry due to the permanent obstruction that its superiors made in cases of corruption with high social impact, on April 7, 2008, a group of prosecutors devoted their will and inherent human quality to feed themselves and began in the lower floors of this Legislative Branch a social struggle with a hunger strike against corruption. And thus raise awareness in each citizen to achieve in the authorities the resolution and dusting off of case files.
Whereas it is of utmost importance to remember and commemorate the social movement referenced in the preceding Recital not only with the celebration of a day of struggle against corruption, but also with activities aimed at achieving each year greater transparency of public activity, which is the best measure that can be taken to prevent acts of corruption.
Whereas on October 31, 2003, the General Assembly of the United Nations (UN) approved the United Nations Convention Against Corruption, a document that entered into force in December 2005, and requested the Secretary-General to designate the United Nations Office on Drugs and Crime (UNODC) as the Secretariat for the Conference of the States Parties to the Convention. All of the above to raise awareness against this scourge and disseminate the valuable importance of the Convention to fight against it and prevent it; said General Assembly also designated December 9 as the International Day Against Corruption.
Whereas pursuant to Article 205, Provision 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, enact, interpret, reform and repeal laws.
Whereas it corresponds to the Secretaries of State the common powers provided for in the Constitution of the Republic.
Whereas in accordance with the Administrative Procedure Law, competence may be delegated from the superior body to a lower body in specific matters.
Whereas in order to expedite Public Administration, the superior body may delegate the exercise of its functions in a specific matter to the immediately lower body, for concrete matters, provided that the competence is generically attributed to the Branch of Administration of which both the superior and lower bodies form part.
Whereas the General Secretariats are the communication bodies of the Secretaries of State; their officials have functions as notaries corresponding, among other powers, to resolve matters delegated to them by the Secretary of State.
Articles
Declare April 7th as the "NATIONAL DAY OF THE STRUGGLE AGAINST CORRUPTION AND FOR NATIONAL DIGNITY", which shall be included as a national holiday without suspension of work.
No later than the first day of April of each year, the Institute of Access to Public Information (IAIP) must submit to the National Congress a consolidated report with the accounting of all obligated institutions corresponding to the previous fiscal year.
The institutions of the Centralized, Decentralized, autonomous government and other public entities must include in their programs, plans and budgets activities aimed at the recognition, dissemination and education on corruption, the prevention and eradication of violations, as well as the importance, awareness raising, vindication and national dignity of the rights of the general population.
The educational authorities of all levels shall promote within the instances that correspond to them to integrate, such as the National Council of Education and the National Council of Higher Education, the incorporation of April 7th "NATIONAL DAY OF THE STRUGGLE AGAINST CORRUPTION AND FOR NATIONAL DIGNITY" in the respective school calendars, promoting awareness, memory, instructing students about the historical persons responsible for this scourge, the patterns and consequences of combating corruption and impunity.
Create the national award "NATIONAL DAY OF THE STRUGGLE AGAINST CORRUPTION AND FOR NATIONAL DIGNITY", which shall be awarded to persons whose actions contribute to the clarification of acts of corruption. The selection of applicants and the delivery of said award shall be carried out following the procedure that the National Congress shall establish for that purpose.
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 Sessions Chamber of the National Congress, on the third day of the month of May of Two Thousand Twenty-Two. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Let It Be Executed. Tegucigalpa, M.D.C., May 12, 2022. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENTS OF GOVERNANCE, JUSTICE AND DECENTRALIZATION TOMAS EDUARDO VAQUERO MORRIS Secretariat of Governance, Justice and Decentralization AGREEMENT No. 007-2022 THE SECRETARY OF STATE IN THE DEPARTMENTS OF GOVERNANCE, JUSTICE AND DECENTRALIZATION AND IN EXERCISE OF THE POWERS WITH WHICH HE IS INVESTED AND IN APPLICATION OF EXECUTIVE AGREEMENT No. 1-2022. WHEREAS: It is the responsibility of the Secretaries of State the common powers provided for in the Constitution of the Republic. WHEREAS: In accordance with the Administrative Procedure Law, competence may be delegated from the superior body to a lower body in certain matters. WHEREAS: In order to expedite Public Administration, the superior body may delegate the exercise of its functions in a certain matter to the immediately lower body, for specific matters, provided that the competence is generically attributed to the Branch of Administration of which the superior and inferior form part. WHEREAS: The General Secretariats are the organs of communication of the Secretaries of State, their holders have functions of notarial officials corresponding to other powers of deciding on matters that the Secretary of State delegates to them. THEREFORE: In exercise of its powers and in application of articles 246, 247, 321 and 323 of the Constitution of the Republic
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- Acuerdo Ejecutivo No. 005-2019 — Declaración de zona sujeta a regularización de 9,336.79 hectáreas en área de amortiguamiento del Parque Nacional Patuca — This agreement declares 9,336.79 hectares in the buffer zone of Patuca National Park as an area subject to regularization. Anyone claiming ownership rights over these lands has 3 months to present their property titles to the National Institute for Forest Conservation (ICF); if they fail to do so, the State will recover and title those lands in its favor without obligation to compensate. (Decree 005-2019, 2019)
- Executive Decree PCM-022-2020 by which the restriction of constitutional guarantees is declared due to health emergency — This decree restricts constitutional guarantees for 7 days due to the COVID-19 health emergency, suspending rights such as freedom of movement and association. It affects all Honduran citizens nationwide and aims to protect people's lives and health during the pandemic. (Decree 022-2020, 2020)
- Executive Decree PCM-050-2020 declaring a State of Humanitarian and Sanitary Emergency in the National Public Health System — This decree creates an economic support program for up to 70,000 people in the public transportation sector (taxi drivers, bus drivers, assistants, and vehicle owners). The government allocates 300 million lempiras to deliver aid in food, medicine, and safety products through the Honduran Institute of Land Transportation, using electronic transfers to ensure transparency during the COVID-19 health emergency. (Decree 050-2020, 2020)
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