Framework Law on Public Policies in Social Matters

The purpose of this Law is to create the legal framework for public policies in social matters, within the framework of the Country Vision and Nation Plan, as well as the institutional competencies to regulate, guide and coordinate actions aimed at transforming human, socio-cultural and material conditions, with emphasis on the population living in poverty and vulnerable groups; in accordance with principles established in this Law, in consonance with the strategies established for this purpose by the State or by Treaties and International Conventions ratified by Honduras.

The purpose of this Law is to guarantee the full exercise of social rights, under general principles and guidelines which must be observed by the authorities of the institutions of the State and to establish the bases for the effective coordination and articulation of public policies in social matters with organizations in the private sphere linked to social development. For which purpose, strategies, criteria and methods of evaluation, monitoring and systematization must be established, to facilitate the population's access to the opportunities provided by the State as a whole, to assume this patriotism, in order to achieve the comprehensive improvement of their living conditions.

For the purposes of this Law, the following definitions are adopted:

• 1)

  HUMAN CAPITAL: It is the set of knowledge, skills, abilities and values that people in a community possess and that makes them apt to develop specific activities. It is understood that this process begins from gestation and develops during the life cycle;

• 2)

  SOCIAL CAPITAL: These are the civil and public institutional capacities that exist in the country that establish relationships of communication and social collaboration among different groups, or institutions of a community and the individual use of resources or opportunities arising from this, based on three (3) main sources:

  • a)

    Mutual trust;

  • b)

    Effective norms; and, c) Social Networks.

• 3)

  HUMAN DEVELOPMENT: Human development is conceived as the expansion of human freedoms, so that each person may find themselves with a set of capacities and opportunities, enabling them to deploy potentialities that guarantee a dignified standard of living. For human development, access to education, health, income or productive resources must be guaranteed to satisfy the basic needs of people.

• 4)

  SOCIAL RIGHTS: These are those that guarantee universally to people the enjoyment and benefit of a dignified life, respecting human rights and their fair aspirations for economic and social well-being;

• 5)

  COMPETENCY BUILDING: It is the development of human capital aimed at strengthening knowledge, attitudes, values, abilities and skills, interrelated, that allow community transformation and the empowerment of its potential;

• 6)

  SOCIAL INTEGRATION: A dynamic and multisectoral process that assumes that people belonging to different social groups pool their capacities to achieve the common good;

• 7)

  SOCIAL ORGANIZATION: It is the structure that has legitimate representation, preferably of vulnerable people and those living in poverty or extreme poverty, for which the organization of these sectors must be promoted, through which they actively unite in solidarity to overcome their situation of social disadvantage, promoting social actions to achieve equity, a culture in favor of life, social well-being and the change of patterns of conduct that limit full development;

• 8)

  NON-GOVERNMENTAL DEVELOPMENT ORGANIZATION (NGDO): An entity of private character, apolitical in the party sense, without profit motive and without objectives that are predominantly trade union, labor and religious in nature; with different objectives that contribute to the human and comprehensive development of the population and other related objectives defined by its members;

• 9)

  POVERTY: A social and economic situation characterized by marked deprivation in the satisfaction of basic needs that affect the level and quality of life of people;

• 10)

  PUBLIC POLICY: A set of laws, regulations and programs, as well as the guidelines through which it is intended to achieve, from the structures of the State, in a systematic, coherent and articulated manner, certain objectives of interest for the well-being of the entire population;

• 11)

  SOCIAL PROTECTION: It is the set of public measures adopted by the National System of Coordination and Articulation of Public Policies in Social Matters as a response to levels of vulnerability, risk and deprivation that are considered socially unacceptable;

• 12)

  NATIONAL STRATEGY FOR SOCIAL ARTICULATION: It is the mechanism through which the Government coordinates, structures and directs a set of interventions with a comprehensive, inclusive and participatory approach, aimed at facilitating, in a progressive and gradual manner, conditions for human development, with emphasis on families in rural and marginalized urban areas living in situations of poverty and vulnerability; and,

• 13)

  UNIQUE BENEFICIARY REGISTRY: It is the official instrument of the State that obtains and maintains information about people and households that receive benefits from a social program. It contains and links different databases related to social programs and has as its main objective to provide information directed at decision-making, in order to optimize resources and guarantee transparency so that assistance and social development programs are efficient and effective.

Public policies in social matters shall be subject to the following principles:

• 1)

  EQUITY: It is creating conditions of equality that allow providing opportunities according to needs, to guarantee the participation and representation of vulnerable groups in sustainable social development processes;

• 2)

  COMPREHENSIVENESS: It is a promotion of the exchange, articulation and interconnection of strategic actions for social development, in order to produce active participation that enhances the capacities and expands the opportunities of the vulnerable population and those living in poverty;

• 3)

  PARTICIPATION AND CO-RESPONSIBILITY: Promotes commitment, consensual or concerted decision-making with the contribution of all involved social actors and the joint execution of actions by entities of the public sector and society, through shared, responsible leadership and teamwork, to collectively drive, with Government bodies, national development and the conditions that determine its sustainability and comprehensive well-being;

• 4)

  RESPECT FOR THE HUMAN PERSON: The human person is the center of development and therefore respect for their dignity and their rights are key foundations of public policies in social matters;

• 5)

  SOLIDARITY: It is a value through which each individual develops, in social, economic, political, environmental and cultural spheres, their capacities and enjoyment of their rights by collaborating with other members of the community in order to achieve harmonious coexistence and the well-being of all.

• 6)

  SUSTAINABILITY: Public Policies in Social Matters direct actions of constant and permanent overcoming of poverty and vulnerability conditions;

• 7)

  SUBSIDIARITY: It is complementary assistance, where unavoidable, for the necessary time through specific actions for the achievement of the common good; and 8) TRANSPARENCY: It is the fulfillment of the obligation to account and allow the population access to public information, making it an indispensable practice for sustainable social development.

The National Council for Coordination and Articulation of Social Policies (CONCAPS) is created, as the superior, technical, consultative and advisory body for the establishment of public policies in social matters, with the purpose of ensuring correct and effective application of the National Strategy for Social Articulation, for the management and achievement of the objectives set forth in this Law.

The National Council for Coordination and Articulation of Social Policy (CONCAPS) shall be composed of:

• 1)

  The President of the Republic, who shall preside over it;

• 2)

  Secretary of State in the Ministry of Social Development;

• 3)

  One (1) representative of the Social Cabinet;

• 4)

  One (1) representative of the Association of Municipalities of Honduras (AMHON);

• 5)

  One (1) representative of the Honduran Council of Private Enterprise (COHEP);

• 6)

  One (1) representative of the National Anti-Corruption Council (CNA);

• 7)

  One (1) representative of Non-Governmental Development Organizations (NGDO);

• 8)

  One (1) representative of Labor Federations;

• 9)

  One (1) representative of Peasant Federations;

• 10)

  One (1) representative of the National Council of Education;

• 11)

  One (1) representative of the Honduran Council of the Social Economy Sector (COHDESSE);

• 12)

  One (1) representative of the Network of Micro, Small and Medium Enterprises;

• 13)

  One (1) representative of the National Congress;

• 14)

  One (1) representative of Public Universities;

• 15)

  One (1) representative of Private Universities; and,

• 16)

  One (1) representative with voice, but without vote, of International Cooperation. Each representative shall have the right to voice and vote. The functioning of the Council shall be subject to regulation of this Law.

The following shall be competencies of the National Council for Coordination and Articulation of Social Policies (CONCAPS):

• 1)

  Validate guidelines and priorities in matters of public policies in social matters defined by the President of the Republic through the Secretary of State in the Ministry of Social Development;

• 2)

  Unify criteria to address social development in an integral, systematic, inclusive and articulated manner, defining the responsibilities and commitments of the sectors involved;

• 3)

  Validate at the proposal of the President of the Republic through the Secretary of State in the Ministry of Social Development, the indicators for monitoring and evaluation of policies, programs and projects of social development at their different levels;

• 4)

  Support the process of continuous updating of the database of the National Information System of the Social Sector;

• 5)

  Invite or integrate other national bodies as deemed appropriate; and,

• 6)

  Other competencies set forth in this Law and its Regulations.

In addition to those established in Article 29 of the General Law of Public Administration and its Regulations, the Secretary of State in the Ministry of Social Development, within the framework of this Law, shall have the following competencies:

• 1)

  Coordinate and provide technical support to the National Council for Coordination and Articulation of Social Policies (CONCAPS);

• 2)

  Monitor the country's priorities in the field of social development, taking into account the guidelines in the Country Vision and Nation Plan, the Millennium Development Goals and the National Council for Coordination and Articulation of Social Policies (CONCAPS);

• 3)

  Promote the establishment of structures, functions and relationships of the Secretary of State in the Ministry of Social Development that enable the articulation and integration of the execution of public social policies;

• 4)

  Formulate, coordinate and evaluate public policies in social matters and ensure their application, within the framework of the Country Vision 2010-2038 and Nation Plan 2010-2022;

• 5)

  Link and articulate public policies in social matters with macroeconomic policies to achieve compliance with the indicators of the nation's social development;

• 6)

  Formulate and apply the National Strategy for Social Articulation with different sectors in order to achieve the objectives of this Law;

• 7)

  Study and approve plans and strategies in social matters and contribute to managing the necessary resources to make their application effective;

• 8)

  Measure qualitatively and quantitatively the results of public policies in social matters and of the plans, programs and projects derived from them, using the indicators validated by the National Council for Coordination and Articulation of Social Policies;

• 9)

  Create the National Information Center of the Social Sector (CENISS), integrated by:

  • a)

    The Unique Beneficiary Registry;

  • b)

    The Registry of Institutional Offerings; and, c) The National Documentation Center.

• 10)

  Create the Unique System for Evaluation of Social Public Policies (SUEPPS) with the responsibility of providing the State with timely and relevant information on the results of social management;

• 11)

  Generate and promote mechanisms for consultation of social public policies with different social sectors, which lead to the articulation, organization and feedback of actions in social matters;

• 12)

  Coordinate different State institutions in prioritizing the execution of social development programs and projects in an integral manner, in order to manage in an orderly way through the Technical Secretariat of Planning and External Cooperation and the Secretary of State in the Ministry of Finance, funds from international cooperation;

• 13)

  Coordinate the execution of special projects with multisectoral characteristics that are delegated by the Executive Branch or the National Congress; and,

• 14)

  Develop and update competencies in human resources of the Secretary of State in the Ministry of Social Development on matters of public policies, monitoring, evaluation and systematization, as well as develop competencies in the monitoring and evaluation units that different State institutions have.

The Secretary of State in the Ministry of Social Development shall articulate with the rest of the Secretaries of State, decentralized and deconcentrated institutions and municipalities, social and private sector the execution of social programs and projects, among others; in the following areas:

• 1)

  Social protection;

• 2)

  Social investment;

• 3)

  Social economy;

• 4)

  Social development;

• 5)

  Social integration;

• 6)

  Human capital and social capital formation;

• 7)

  Food and nutritional security; and,

• 8)

  Any other area that is delegated to it by the President of the Republic, within the sphere of social development.

The following are established as cross-cutting axes of public policies in social matters:

• 1)

  Human Rights;

• 2)

  Gender Equity;

• 3)

  Transparency; and,

• 4)

  Citizen Participation;

The Secretary of State in Finance must ensure the allocation of the necessary financial resources for the fulfillment of this Law, incorporating them annually into the General Budget of Income and Expenses of the Republic.

The Secretary of State in the Ministry of Social Development shall establish by regulation a percentage in accordance with the amount of investment. This shall serve as the basis for monitoring and evaluation carried out on them. The criteria for fixing the aforementioned percentage shall be established in the Regulations of this Law.

The allocation of resources for social development shall be guided by what is established in public policies in social matters for programs and projects agreed upon with the State. The Secretary of State in the Ministry of Social Development shall ensure that resources are allocated based on the principles contemplated in this Law.

For the management of resources intended to execute actions derived from social public policies and for their use, State institutions must have the accompaniment and guidance of the Secretary of State in the Ministry of Social Development. The Secretary of State in the Ministry of Finance, as a prerequisite prior to the beginning of the resource disbursement process intended for social development programs and projects derived from public policies, must require that the eligibility criterion and institutional responsibility and comprehensiveness governed by the Secretary of State in the Ministry of Social Development have been satisfactorily met.

In the event that a local, departmental, regional or national emergency is declared, the Secretary of State in the Ministry of Social Development shall formulate recommendations to reconvert the application of State financial resources, seeking to ensure that the continuity of programs and projects in execution is not put at risk, in coordination with the bodies responsible for emergency matters.

ON THE INSTANCES OF CITIZEN PARTICIPATION AND CONCERTATION: The Secretary of State in the Office of Social Development must structure the coordination between Civil Society Organizations that have social development as their objective, private enterprise programs in the exercise of their corporate social responsibility, other bodies of the Central Government and municipal governments, in accordance with what is provided in the Law for the Establishment of a Vision of Country and the Adoption of a Plan of Nation for Honduras. The instances of citizen participation and concertation must have as their objective, among others: consultation on public policies in social matters, proposal of social development projects, concertation of social development priorities for the region and social audit. The structure and methodology shall be defined by the Regulations of this Law. CHAPTER VII FINAL AND TRANSITORY PROVISIONS

SYSTEMATIZATION AND INVENTORY OF PROGRAMS AND PROJECTS. In order to systematize public policies in social matters and annual operational planning, the Secretary of State in the Office of Social Development must systematize and inventory the programs and projects of social development of the State. For the operation, maintenance and updating of the National Center for Information in the Social Sector (CENISS), for which it shall have a period of ten (10) months. Public institutions that operate databases with relevant information on social programs and projects must provide such information to the Secretary of State in the Office of Social Development in accordance with the criteria established for that purpose.

ADAPTATION OF PLANS AND ACTIONS. The institutions of the State that develop social programs must adapt their plans and actions to the objectives and guidelines established in this Law, to be incorporated into the operational plan corresponding to the year following the approval thereof.

PUBLIC POLICIES AND REGULATIONS. The Secretary of State in the Office of Social Development must coordinate the formulation and regulation of public policies in social matters, as well as the plans for their implementation in accordance with this Law.

AGREEMENTS. As of the effective date of this Law, agreements entered into between International Cooperation Organizations and the State to execute programs, projects and actions of Social Development must harmonize their strategies within the framework thereof and coordinate this process with the Secretary of State in the Office of Social Development.

SUPPLEMENTARY PROVISIONS. In all matters not regulated by this Law, the provisions contained in the legal and regulatory framework of the different social sectors and care for vulnerable populations shall apply.

The Presidency of the Republic, through the Secretary of State in the Office of Social Development, shall issue the Implementing Regulation of this Law within a period of eight (8) months from its effective date.

This Law shall take effect 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 Chamber of Sessions of the National Congress, on the twelfth day of the month of April of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., April 25, 2011 PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Social Development. HILDA ROSARIO HERNÁNDEZ ALVARADO NATIONAL PUBLIC COMPETITION CALL REPUBLIC OF HONDURAS MUNICIPAL OFFICE OF THE CENTRAL DISTRICT "SCHEDULED SUPERVISION REHABILITATION AND PATCHING OF PAVED STREETS OF TEGUCIGALPA AND COMAYAGÜELA" Competition No. CPuN-/DIVMU-02/AMDC-2013 1. The AMDC, hereinafter called "Contractor", invites National Companies with experience in supervision of road works, specialized in the Process of Updating Documents and Pre-qualification of Consulting Companies No. PR-CSII/AMDC/2012, in Category I Study, Design and Supervision of Paving, Improvement and Rehabilitation of Streets with Hydraulic Concrete Pavement, Asphalt and Paving Stone "Classification "T" according to the amount to be contracted, to submit technical and economic proposals in sealed envelopes to be contracted for the supervision of said works. 2. Bidders may purchase one set of Competition documents by written request to the organism mentioned below and payment of a non-refundable sum of one (1) Enterprise (L. 1,000.00) from June 14 to 21, 2013. The method of payment shall be by deposit to the special account No. 01201-36343-4 of the Trust Fund of AMDC FICOHSA Bank, presenting themselves with the deposit receipt and a C.D to obtain a copy of the competition documents in the offices of the Department of Road Infrastructure and Urban Mobility, AER building, first floor, West of Clínicas Viera, Downtown District, Tegucigalpa, M.D.C., Honduras, C.A., TEL. (504) 2222-5567, fax (504) 2222-2520, e mail: divmuamdc@gmail.com, all participants shall send acknowledgment of receipt. 3. Pre-qualified companies may obtain additional information, provided it is requested in writing from June 24 to 28, 2013, to receive a response no later than July 4, 2013, addressed to the Department of Road Infrastructure and Urban Mobility, AER building, first floor, West of Clínicas Viera, Downtown District, Tegucigalpa, M.D.C., Honduras, C.A., TEL. (504) 2222-5567, fax (504) 2222-2520, e mail: divmuamdc@gmail.com, all participants shall send acknowledgment of receipt. 4. Bids must be received at the office mentioned below at 2:00 P.M., official time of the Republic of Honduras on July 16, 2013. It shall not be necessary to submit the bids in person; they may be sent by mail; however, the Contractor is not responsible if they are not received at the time and date indicated for receipt of bids. Late bids shall not be accepted and shall be returned unopened. 5. As provided in article 39 of the Regulations of the State Contracting Law, it is clarified that the award shall be conditioned to budgetary approval of the expenditure, and compliance with this condition must exist prior to the execution of the contract. RICARDO ANTONIO ÁLVAREZ ARIAS MUNICIPAL MAYOR 13 J. 2013.