Law on Volunteering

To grant to the Catholic Salesian Priest PASCUAL CHÁVEZ VILLANUEVA, Rector Major of the Salesian Congregation Don Bosco, the Decoration in the Degree of "Grand Cross with Gold Plaque", in recognition of his extraordinary religious career and the services rendered to humanity and especially to the Salesian Community of our country, in his capacity as the highest Salesian religious hierarch worldwide. The delivery referred to in the preceding paragraph shall take place in a solemn act in Session of the National Congress.

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 Session Hall of the National Congress, on the twelfth day of the month of October of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., October 20, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FOREIGN RELATIONS. ARTURO CORRALES ÁLVAREZ Legislative Power DECREE No. 177-2011 THE NATIONAL CONGRESS. WHEREAS: The contribution of volunteering as an activity and of its practitioners, volunteers, is increasingly important in the country's development programs, as well as in circumstances of local, departmental, and national emergencies. WHEREAS: It is imperative to establish norms that foster volunteering, promote the activity of volunteers, the streamlining of recognition of the exercise thereof, both for its greater effectiveness and for the facilitation of foreign cooperation. WHEREAS: At the international level, the importance of volunteering is increasingly greater, with the formation of diverse institutions for its worldwide expansion, as a consequence of the celebration by the United Nations in the year 2001 of the International Year of Volunteers, thereby emphasizing their role. WHEREAS: The State is obliged to strengthen citizen participation through committed volunteering in defending the interests of persons and groups in situations of greater vulnerability, and in contributing democratically to improve the quality of life of other members of the national community. WHEREAS: The Plan of the Nation includes among its guiding principles for development solidarity and equity as criteria for state intervention. WHEREAS: It is the responsibility of the National Congress to create, decree, interpret, reform, and repeal laws. THEREFORE. IT DECREES LAW OF VOLUNTEERING CHAPTER I GENERAL PROVISIONS

The purpose of this Law is to promote the expansion of the exercise of volunteering, facilitate the organized and solidary participation of Hondurans and foreigners who wish to cooperate with the country's development, within non-profit associations, municipal corporations, corporate philanthropy programs and in any form of non-profit grouping, as well as in state organisms, regardless of their level or character. By virtue of this Law, isolated voluntary activities, sporadic or provided outside of public or private non-profit organizations, executed for reasons of family, friendship or good neighborliness, are excluded. The activity of volunteering may not in any case substitute remunerated work.

For the application of this Law, the following terms are understood as:

• 1)

  VOLUNTEERING: The set of activities of general interest, developed by natural or legal persons, provided that such activities are not carried out by virtue of a lucrative or remunerated relationship and whose character is altruistic, solidary, free and is executed in accordance with concrete programs or principles;

• 2)

  VOLUNTEERS: Any natural person who freely, ethically and responsibly offers their time, talent and work for the development of the common good, individually or collectively in legally constituted public or private organizations, without receiving direct compensation of any kind;

• 3)

  ACTIVITIES OF GENERAL INTEREST: These are assistance activities of community services, civic, educational, cultural, artistic, sports, health, political and citizen impact, cooperation for development, environmental protection, support for the economy or research, mitigation and calamity, human rights, development of associative life, the actions of religious Volunteers promoting volunteering or any other of similar nature tending toward the common good;

• 4)

  VOLUNTEER ORGANIZATIONS: These are public or private organizations, non-profit, legally constituted, where volunteers shall carry out their activities; and,

• 5)

  NATIONAL COUNCIL OF VOLUNTEERING: This is the organ that regulates, in accordance with these and other laws of the Republic, promotes and directs organizations linked to volunteering for better and coordinated execution of such activity and shall be known as CONAVOL.

Volunteering has the following purposes: 1) To contribute to the integral development of persons and communities, based on the recognition of the dignity of human beings, respect for and realization of the essential principles of coexistence in society, life, liberty, solidarity, justice and peace; and, 2) To foster through the provision of voluntary service, a civic, generous and participatory citizen conscience for the strengthening of values, without discrimination, seeking the welfare of all of society.

Volunteers and volunteer organizations may not engage in political, religious or other forms of proselytism during the development of their activities. CHAPTER II OF THE RIGHTS AND DUTIES OF VOLUNTEERS

The rights of volunteers are:

• 1)

  To permanently receive the information, training and knowledge necessary for the provision of service, as well as the materials and implements necessary for the exercise of their activities;

• 2)

  To be treated without discrimination, respecting their freedom, dignity, privacy and beliefs. To have personal accreditation that identifies them as members of the volunteer corps provided for in this Law and its Regulation;

• 3)

  The reimbursement of emergent expenses, provided that they have been previously authorized;

• 4)

  To participate actively without any type of discrimination in the organization in which they are integrated, collaborating in the preparation, design, execution and evaluation of programs in accordance with applicable norms;

• 5)

  To have basic conditions of health and safety based on the nature and characteristics of the activity to be performed;

• 6)

  To receive recognition and incentives for the activity performed; and,

• 7)

  The right to request a certification that accredits their volunteer activity.

The duties of volunteers are:

• 1)

  To comply with the internal norms and policies of the organization;

• 2)

  To fulfill the commitments acquired with the organizations in which they are integrated, respecting the purposes and norms thereof;

• 3)

  To maintain, when applicable, confidentiality of the information received and known in the development of their volunteer activity;

• 4)

  To respect and care for the material resources made available by the organization in which they provide their volunteer services;

• 5)

  To respect the rights of beneficiaries of their volunteer activity;

• 6)

  To participate in the training tasks provided by the organization for the development of their assigned activities and functions, as well as in those that on a permanent basis are required to maintain the quality of services they provide;

• 7)

  To refuse any economic remuneration or in kind that may be offered, whether from the beneficiary or from persons related to their action;

• 8)

  To follow the instructions issued in the development of the assigned activities;

• 9)

  To use, in accordance with the norms of the organization with which they collaborate, their identification, distinctive symbols and work implements;

• 10)

  To act diligently, solidarily, tolerantly, enthusiastically, effectively and in good faith;

• 11)

  To participate in the activities of training, formation or promotion related to their activity; and,

• 12)

  To comply responsibly and knowingly with the safety and health measures established by the Volunteer Organizations. CHAPTER III PRINCIPLES OF THE VOLUNTEER

The principles of the action of volunteers are:

• 1)

  Solidarity. It is expressed in concrete actions in favor of social interests, which tend toward the eradication or modification of the causes of unmet need or marginalization suffered by certain persons or groups of persons;

• 2)

  Freedom. It consists of the personal option of social commitment without it being caused by personal obligation or legal duty in which the convictions and beliefs of both the volunteer and the beneficiaries of action are respected;

• 3)

  Complementarity. Complementarity is understood with respect to those developed by the State, but does not substitute the remunerated work performed by professionals in social or civic action;

• 4)

  Gratuity. It consists in that the service provided does not seek personal benefit or any remuneration;

• 5)

  Participation. This must be understood as the democratic principle of direct and active intervention in the responsibilities of the community, local, regional or national through organizations linked to volunteering;

• 6)

  Autonomy. It emphasizes the necessary freedom and independence that volunteering must have with respect to public powers;

• 7)

  Responsibility. It is related to the imperative that aid be maintained over time, under conditions of stability and under permanent evaluation of results;

• 8)

  Decentralization. It seeks that voluntary actions be carried out as close as possible to citizens and in their own environment, as well as to ensure that local government bodies are involved in volunteer tasks;

• 9)

  Applicability of democratic norms. It consists in the incorporation as principles of volunteering, all those principles that inspire coexistence in a democratic, modern and participatory society, such as tolerance, equality, human rights, among others; and,

• 10)

  Non-discrimination. It is expressed as the non-exclusion of the volunteer person or beneficiaries of action by reasons of race, sex, age or any other condition of economic, political, ethnic, cultural or social type, religion, ideology or sexual orientation. CHAPTER IV OF VOLUNTEER ORGANIZATIONS: REGISTRATION AGREEMENTS, THEIR RIGHTS AND THEIR DUTIES

The organizations in which volunteers are integrated shall establish forms of registration in which shall be specified the accreditation of the status of volunteer, date of entry, duration of the agreement, nature of the service to be provided, the specific function to be performed, the place of deduction and any other circumstance that indicates in an indubitable manner the characteristics of the volunteer service to be provided, causes and forms of termination of the agreement. The agreement does not constitute any type of remunerated labor relationship, nor shall it be subject to the jurisdiction of any state institution.

The rights of volunteer organizations are:

• 1)

  To receive the necessary support and information from the National Council of Volunteering;

• 2)

  To encourage, to the extent of their possibilities, volunteer activity;

• 3)

  To manage and receive national or international support for the encouragement of activity and fulfillment of programs;

• 4)

  That their autonomy as an organization be respected;

• 5)

  To issue their internal norms.

The duties of volunteer organizations are:

• 1)

  To accredit themselves before the National Council of Volunteering, complying with the requirements demanded by it;

• 2)

  To provide identification to the volunteer in order to enable and identify them for the development of their activity;

• 3)

  To fulfill the commitments acquired with the volunteers;

• 4)

  To establish appropriate internal systems of information, orientation and training for the execution of tasks that are entrusted to the volunteers;

• 5)

  To guarantee to the volunteers the execution of their activities in adequate conditions of safety and hygiene, in accordance with the action that is performed;

• 6)

  To facilitate the volunteer with the necessary materials for the execution of their activities;

• 7)

  To issue, upon request of volunteers, a certificate that accredits the services provided;

• 8)

  To keep updated the database of volunteer personnel, maintaining a record of entries and exits of volunteer personnel and their activity;

• 9)

  To present at the end of each activity a report on the nature of the activities to the National Council of Volunteering for the sole purpose of quantifying the service and impact of volunteering; and,

• 10)

  Not to discriminate against volunteers and/or beneficiaries of action by reasons of race, sex, age or any other condition of economic, political, ethnic, cultural or social type, religion, ideology or sexual orientation. CHAPTER V LOSS OF THE STATUS OF VOLUNTEER ORGANIZATION AND VOLUNTEERS

The status of Volunteer Organization is lost by:

• 1)

  Express request of the Organization;

• 2)

  Cancellation of legal personality or the act that gave it origin; and,

• 3)

  Performance of activities contrary to the principles of this Law.

The status of volunteer is lost by:

• 1)

  Express resignation of the volunteer;

• 2)

  Non-compliance with their obligations;

• 3)

  Unjustified absence from the organization to which they belong;

• 4)

  Physical or psychological impossibility of the volunteer that prevents the fulfillment of their obligations; and,

• 5)

  Performance of acts contrary to the principles of the organization to which they belong or to this Law, its Regulation or Administrative Provisions. CHAPTER VI MEASURES TO PROMOTE AND DISSEMINATE VOLUNTEERING

The State, through the National Council of Volunteering, shall promote volunteer action through dissemination and promotion campaigns. It may also provide support to organizations for obtaining their legal personality as well as technical support for the adequate training of volunteers, establishing the mechanisms it deems pertinent.

Volunteers may enjoy the benefits that the State regularly establishes in coordination with the National Council of Volunteerism as a measure to promote, recognize, and provide social value to voluntary action.

The activity performed as a volunteer shall serve as a reference for evaluation in contests to fill vacant positions or posts that arise within state institutions, provided that the volunteers meet the requirements previously established by laws or regulations. CHAPTER VII OF THE NATIONAL COUNCIL OF VOLUNTEERISM

The National Council of Volunteerism is hereby created, which shall also be known as CONAVOL, and shall be comprised of:

• 1)

  The General Assembly of CONAVOL;

• 2)

  The Executive Committee;

• 3)

  The General Directorate; and,

• 4)

  The Executive Units that are deemed pertinent by Regulation.

The General Assembly of CONAVOL, which is the highest authority, shall be comprised of the heads or persons designated by them, duly accredited by each of the member organizations of the Council and shall meet ordinarily at least once per year and extraordinarily when required by more than half of its members. A Regulation shall govern the manner of convocations and meetings.

The attributions of the General Assembly are:

• 1)

  Propose and elect the Executive Committee;

• 2)

  Approve the Operational Plan and Budget proposed by the Executive Committee;

• 3)

  Approve or disapprove the reports presented by members of the Executive Committee and other departments; and,

• 4)

  Other attributions assigned by Regulation.

The Executive Committee shall be constituted as follows:

• 1)

  The Secretary of State in the Office of Youth, who shall preside or his legal substitute;

• 2)

  The Secretary of State in the Office of Social Development;

• 3)

  The Secretary of State in the Offices of Interior and Population, or his legal substitute;

• 4)

  General Commander of the Fire Department of Honduras or his designee;

• 5)

  Five (5) Directors or heads and their respective alternates, from the Volunteer Organizations that are members of CONAVOL;

• 6)

  A representative of the National Congress; and,

• 7)

  The General Director of CONAVOL, who shall have voice but not vote. The Executive Committee shall have its headquarters in Tegucigalpa and may open offices in any location in the country.

The attributions of the Executive Committee of Volunteerism are:

• 1)

  Promote, protect, and disseminate volunteerism;

• 2)

  Coordinate actions with state or private institutions and international organizations to execute actions in relation to programs that favor national, departmental, or municipal development;

• 3)

  Ensure proper coordination of voluntary action programs;

• 4)

  Guarantee the ethical responsibility and quality of voluntary service provisions;

• 5)

  Promote specialized academic participation through agreements with educational centers, in order to promote the conduct of research and training on matters of voluntary activity;

• 6)

  Train Volunteer Organizations promoting the exchange of experiences;

• 7)

  Register Volunteer Organizations in accordance with the requirements established by Regulation and provide them the legal assistance they require;

• 8)

  Execute agreements with national or foreign institutions related to volunteer service;

• 9)

  Convene ordinarily, in the months of July and January of each year, a representative from each of the Volunteer Organizations, presenting them with a semi-annual report for analysis and formulation of recommendations, and extraordinarily when deemed appropriate;

• 10)

  Promote the exchange of experiences among volunteers;

• 11)

  Approve the Regulation of this Law through the Secretary of State in the Office of Youth, as well as rules of conduct and codes of ethics;

• 12)

  Appoint the General Director and personnel deemed appropriate; and,

• 13)

  Determine the obligations inherent to the General Director as well as the requirements to hold the position.

The members of the Executive Committee described in numeral 5 of Article 19 of this Law shall exercise their functions ad honorem. They shall serve for two (2) years in the exercise of their functions, and may be reelected for one time only.

The Council shall be exempt from all types of national or municipal taxes or fees with respect to purchases or acquisitions it makes for the conduct of its activities. CHAPTER VIII FINAL PROVISIONS

The Executive Committee must be constituted in the terms established by Article 19, within a period not exceeding six (6) months counted from the effective date of this Law.

While the representatives of the Volunteer Organizations have not been appointed to the Council, they shall act in it through a convocation to be issued by the Secretary of State in the Office of Youth, within fifteen (15) days following the effective date of this Law; one representative from each of the following organizations:

• 1)

  Honduran Red Cross;

• 2)

  Fire Department of Honduras;

• 3)

  Solidarity Charitable Association Honduras;

• 4)

  Educatodos Program;

• 5)

  Scout Association of Honduras; and,

• 6)

  Green Cross.

The Executive Committee shall hold ordinary sessions once a month and extraordinary sessions when designated by the President through its members.

Volunteer Organizations shall acquire legal personality through the Secretary of State in the Offices of Interior and Population, when they comply with the requirements of this Law and its Regulation.

Organizations that have legal personality upon the effective date of this Law must comply with it within a period of one (1) year from its effective date.

The Executive Branch shall annually include in the General Budget of Income and Expenditures of the Republic an allocation as a contribution to CONAVOL, without prejudice to this Council obtaining additional funds for its operation.

The Regulations of this Law shall be issued by the State Secretariat of the Youth Ministry within a period of ninety (90) days following its entry into force, as of the confirmation of the Executive Committee.

This Law shall enter into force twenty (20) days after its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the fifth day of the month of October of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., October 20, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY OF THE YOUTH MINISTRY. MARCO ANTONIO MIDENCE