Repeal of Special Law on Allocation, Execution, and Accountability of Public Funds for Social Development Projects
Congreso Nacional
- Decree: 56-2023
- Published: August 5, 2023
- Issuing body: Congreso Nacional
- Gazette: 36,300
- Category: Financial & Tax
Summary
This decree repeals the 2019 Special Law that regulated how public funds were assigned, executed, and reported for social projects, infrastructure, and community programs. It affects all public institutions and citizens because it removes the rules controlling how that money was used. The purpose is to recover democratic control over public resources and fight corruption.
Considerations
Whereas Article 1 of the Constitution of the Republic establishes that "Honduras is a State of Law, sovereign, constituted as a free, democratic and independent Republic to ensure to its inhabitants the enjoyment of justice, liberty, culture and economic and social well-being", for which reason, it is the responsibility of the Powers of the State to exercise their functions around the unconditional fulfillment of this constitutional precept.
Whereas Article 2 of the Constitution of the Republic establishes that "Sovereignty belongs to the people from whom all powers of the State emanate and are exercised by representation. The usurpation of popular sovereignty and the usurpation of constituted powers are typified as crimes of treason to the Nation. Responsibility in these cases is imprescriptible and may be deduced ex officio or at the petition of any citizen", therefore, the sovereign language of the people expressed clearly through democratic exercise must be attended to in an unrestricted and immediate manner, beginning with this Legislative Power. As well as that constitutionally the monopoly of public criminal action is exclusive to the Public Ministry, without a secondary law being able to contradict such principle.
Whereas for more than a decade the legislative function of the State deviated in favor of the creation of laws tailored to the particular interests of a reduced political group of the country, which resulted in the detriment of the Rule of Law, the violation of popular will, the diminution of opportunities and the increase of poverty, creating a legal and institutional environment permissive with corruption, impunity, the plunder of national patrimony and in general terms, the violation of Human Rights at both collective and individual levels.
Whereas the language of Honduran society expressed through the exercise of electoral democracy is clear, and demands a drastic change in the direction of legislative management, which comprises in the first term the dismantling of the legal structure that foments corruption and impunity in Honduras.
Whereas the legislative decisions of this new National Congress must be congruent and proportional with the decision of the Honduran people, for which reason a decided and forceful attitude of this Legislative Power is necessary to restore the national legal framework to the fulfillment of Human Rights and the Rule of Law proclaimed by the Constitution of the Republic.
Whereas, in the hierarchy of laws of Law, the Constitution of the Republic establishes in its Article 214 that a Secondary or ordinary Law (as is the case of Decree No. 116-2019) is created, reformed or repealed, with the votes of the simple majority of the deputies present. For which reason, what is established in Article 21 of Decree No. 116-2019, which establishes that its reform or repeal will be with two-thirds (2/3) of the votes of the total number of deputies of the National Congress, has NO legal validity.
Whereas because the Constitution of the Republic will always prevail against a secondary Law, which is clearly established in Article 320 of the Constitution which provides: "In case of incompatibility between a Constitutional norm and an ordinary legal norm, the first shall apply" and this is none other than the Constitution of the Republic.
Whereas by what is expressed in the preceding recitals, constitutionally to reform or repeal Decree No. 116-2019, only the votes of the simple majority of the congresspersons present in the Plenary of the National Congress are required.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the authority of the National Congress: To create, decree, interpret, reform and repeal laws.
Whereas the State has the National Program for Sustainable Rural Development (PRONADERS), an Institution created by Legislative Decree number 12-2000 of March 7, 2000 and reformed by Legislative Decree number 137-2011, of August 30, 2011, as an entity essentially oriented to finance and promote the improvement of rural and urban living conditions of the Honduran population.
Whereas the National Program for Sustainable Rural and Urban Development (PRONADERS), is a deconcentrated body of the public administration, attached to the Secretariat of Agriculture and Livestock (SAG), with financial, technical and administrative autonomy, whose domicile is in the city of Tegucigalpa being able to establish regional offices in the country, which contributes to the strengthening of human capacity in matters of self-management and citizen participation, with the purpose of improving the quality of life of rural and urban communities in a sustainable manner, and promoting agricultural production and infrastructure for rural and urban economic development.
Whereas in Article 3 of the General Framework Law of the National Program for Sustainable Rural and...
Articles
Repeal Legislative Decree No. 116-2019, containing the SPECIAL LAW FOR THE MANAGEMENT, ALLOCATION, EXECUTION, LIQUIDATION AND RENDERING OF ACCOUNTS OF PUBLIC FUNDS FOR SOCIAL ORDER, COMMUNITY, INFRASTRUCTURE PROJECTS AND SOCIAL PROGRAMS, dated October 16, 2019, published on October 18, 2019, in the Official Gazette "La Gaceta", in Edition No. 35,076.
This Decree shall enter into force on the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the second day of the month of August of two thousand twenty-three.
LUIS ROLANDO REDONDO GUIFARRO PRESIDENT LUZ ANGÉLICA SMITH MEJÍA SECRETARY JOSUÉ FABRICIO CARBAJAL SANDOVAL SECRETARY To the Executive Power Therefore: Let it be executed. Tegucigalpa, M.D.C., August 3, 2023. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY, BY LAW National Program for Sustainable Rural and Urban Development SEDECOAS/ PRONADERS AGREEMENT No. DP-006-2023 ADMINISTRATIVE REGULATION FOR PETTY CASH In the city of Tegucigalpa, municipality of the Central District, on the thirteenth (13) day of the month of June of the year two thousand twenty-three (2023): WHEREAS: The State has the National Program for Sustainable Rural Development (PRONADERS), an Institution created by Legislative Decree number 12-2000 of March 7, 2000 and reformed by Legislative Decree number 137-2011, of August 30, 2011, as an entity essentially oriented to finance and promote the improvement of the living conditions in rural and urban areas of the Honduran population. WHEREAS: The National Program for Sustainable Rural and Urban Development (PRONADERS) is a deconcentrated body of public administration, attached to the Secretariat of Agriculture and Livestock (SAG), with financial, technical and administrative autonomy, whose domicile is in the city of Tegucigalpa and which may establish regional offices in the country, that contributes to the strengthening of human capacity in matters of self-management and citizen participation, with the purpose of improving the quality of life of rural and urban communities in a sustainable manner, and promoting agricultural production and infrastructure for economic rural and urban development. WHEREAS: That in article 3 of the General Framework Law of the National Program for Rural Development and
Related laws
- Special Law on the Intervention of the Public Ministry 2013 — This law creates an Intervention Commission of three members elected by Congress to oversee the Public Ministry for 60 days. The Commission assumes the powers of the Attorney General, evaluates and purges personnel through trust tests, reorganizes structures, defines policies, and hires or fires employees to improve the institution's efficiency.
- Special Law on Intervention in the Public Ministry — This law creates a temporary Supervisory Commission (60 days) to oversee and reform the Public Prosecutor's Office. The Commission, elected by Congress, assumes the duties of the Attorney General, conducts employee evaluations, reorganizes internal structures, hires qualified personnel, and defines institutional policies to improve the agency's efficiency in prosecuting crimes. (Decree 59-2013, 2013)
- Decreto Legislativo No. 272-2014 — Ley Integral Contra el Lavado de Activos y Financiamiento del Terrorismo — This law punishes money laundering and terrorism financing with prison sentences of 6 to 20 years. It requires banks and businesses to report suspicious transactions to the Financial Intelligence Unit (UIF), seizes illegal assets, and establishes procedures for special investigations such as undercover agents and controlled deliveries. (Decree 272-2014, 2015)
- Decreto Legislativo — Ley de Presupuesto General de Ingresos y Egresos de la República, Ejercicio Fiscal 2023
- Decreto Legislativo — Presupuesto General de Ingresos y Egresos de la República, Ejercicio Fiscal 2023 — This decree approves Honduras' public budget for 2023 and establishes rules on salaries, hiring, and spending in the public sector. It requires institutions to register employees in control systems, prohibits unjustified salary increases, authorizes money transfers to specific companies, and regulates how employee benefits must be managed.