Framework Law on Public Social Policies 2013

PURPOSE. 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 Plan of the Nation, 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 conditions and vulnerable groups; in accordance with the 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.

PURPOSE. The purpose of this Law is to guarantee the full exercise of social rights, under general principles and guidelines to which the authorities of State institutions must be subject, and to establish the bases for consultation and effective articulation of public policies in social matters with private sector organizations linked to social development. For this 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, subject to this regulation, in order to achieve the overall improvement of their living conditions.

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

• 1)

  HUMAN CAPITAL: It is the set of knowledge, skills, aptitudes and talents possessed by the persons of a community that make them apt to develop specific activities. It is understood that this process begins from gestation and develops during the life cycle;

• 2)

  SOCIAL CAPITAL: They are the institutional, civil and public 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 and opportunities arising from it, 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 can have a set of capacities and opportunities, allowing 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 persons.

• 4)

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

• 5)

  COMPETENCY TRAINING: It is the development of human capital aimed at strengthening the knowledge, attitudes, values, skills and abilities, related to each other, that allow community transformation and the empowerment of its potentiality;

• 6)

  SOCIAL INTEGRATION: A dynamic and multi-sectoral process that presupposes that persons 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 persons and those living in poverty or extreme poverty, for which organization of these sectors must be promoted, by means of which they activate 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 a private character, apolitical in the partisan sense, non-profit and without predominantly guild, labor and religious objectives; with different objectives that contribute to the human and integral development of the population and other related objectives defined by its members, created independently of local, regional and national governments, as well as bilateral and multilateral international cooperation organizations;

• 9)

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

• 10)

  PUBLIC POLICY: A set of laws, regulations and programs, as well as the guidelines by 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 in response to the levels of vulnerability, risk and deprivation that are considered socially unacceptable;

• 12)

  NATIONAL STRATEGY FOR SOCIAL ARTICULATION: It is the mechanism by which the Government coordinates, structures and directs a set of interventions with an integral, inclusive and participatory approach, aimed at facilitating progressively and gradually conditions for human development, with emphasis on families in rural and urban marginal areas living in poverty and vulnerability; and,

• 13)

  SINGLE BENEFICIARY REGISTRY: It is the official instrument of the State that obtains and preserves the information of persons and households that receive benefits from a social program. It contains and links the 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.

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

• 1)

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

• 2)

  INTEGRALITY: It is a promotion of exchange, articulation and interconnection of strategic actions of social development, in order to produce active participation that enhances the capacities and broadens the opportunities of the vulnerable population in poverty conditions;

• 3)

  PARTICIPATION AND CO-RESPONSIBILITY: It promotes commitment, decision-making consensually or through consultation with the contribution of all social actors involved and the joint execution of actions by public sector entities and civil society, through shared and responsible leadership, and teamwork, to collectively promote, with Government instances, national development and the conditions that determine its sustainability and integral well-being;

• 4)

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

• 5)

  SOLIDARITY: It is a value by which each individual develops, in social, economic, political, environmental and cultural spheres, his or her capacities and the exercise of his or her rights 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 guide actions for constant and permanent overcoming of poverty and vulnerability conditions;

• 7)

  SUBSIDIARITY: It is complementary aid 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 render accounts and allow the population access to public information, making it an indispensable practice for sustainable social development.

CREATION OF THE NATIONAL COUNCIL FOR COORDINATION AND ARTICULATION OF SOCIAL POLICIES (CONCAPS). The National Council for Coordination and Articulation of Social Policies (CONCAPS) is hereby created, as a superior body and instance, technical, consultative and advisory 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.

COMPOSITION OF THE NATIONAL COUNCIL FOR COORDINATION AND ARTICULATION OF SOCIAL POLICIES (CONCAPS). 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 Office 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 the 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 Confederations;

• 9)

  One (1) representative of Peasant Confederations;

• 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.

COMPETENCIES OF THE NATIONAL COUNCIL FOR COORDINATION AND ARTICULATION OF SOCIAL POLICIES (CONCAPS) SHALL BE:

• 1)

  To 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 Office of Social Development;

• 2)

  To unify criteria for addressing social development in an integral, systematic, inclusive and articulated manner, defining the co-responsibilities and commitments of the sectors involved;

• 3)

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

• 4)

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

• 5)

  To invite or integrate other national instances according to the relevance that is defined; and,

• 6)

  Other competencies assigned in this Law and its Regulation.

COMPETENCIES OF THE SECRETARIAT OF SOCIAL DEVELOPMENT. In addition to those established in Article 29 of the General Law of Public Administration and its Regulations, the Secretariat of State in the Office of Social Development, within the framework of this Law, shall have the following competencies:

• 1)

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

• 2)

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

• 3)

  To promote the establishment of structures, functions and attributions of the Secretariat of State in the Office of Social Development that enable the articulation and integration of the execution of social public policies;

• 4)

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

• 5)

  To link and articulate public policies in social matters with macroeconomic policies in order to achieve compliance with the indicators of the Nation's social development;

• 6)

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

• 7)

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

• 8)

  To measure qualitatively and quantitatively the results of public policies in social matters and of the plans, programs and projects that derive therefrom, using indicators validated by the National Council for Coordination and Articulation of Social Policies;

• 9)

  To create the National Center for Information of the Social Sector (CENISS), composed of:

  • a)

    The Single Registry of Beneficiaries;

  • b)

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

• 10)

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

• 11)

  To 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)

  To coordinate the different State institutions in the prioritization of the execution of social development programs and projects in an integral manner, in order to manage in an orderly fashion through the Technical Secretariat for Planning and External Cooperation and the Secretariat of State in the Office of Finance, funds from international cooperation;

• 13)

  To coordinate the execution of special projects with multisectoral characteristics that are delegated by the Executive Power or the National Congress; and,

• 14)

  To develop and update competencies in the human resources of the Secretariat of State in the Office of Social Development on the subject of public policies, monitoring, evaluation and systematization, as well as develop competencies in the monitoring and evaluation units that the different State Institutions have.

AREAS OF SOCIAL ACTION. The Secretariat of State in the Office of Social Development shall articulate with the remaining Secretariats of State, decentralized institutions, deconcentrated institutions and municipalities, social sector 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)

  Formation of human capital and social capital;

• 7)

  Food and nutritional security; and,

• 8)

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

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

• 1)

  Human Rights;

• 2)

  Gender Equality;

• 3)

  Transparency; and,

• 4)

  Citizen Participation.

ALLOCATION OF FINANCIAL RESOURCES. The Secretariat of State in the Office of Finance must ensure the allocation of the necessary financial resources for compliance with this Law, incorporating them annually into the General Budget of Income and Expenses of the Republic. ARTICLE 12: RESOURCES FOR MONITORING AND EVALUATION. The Secretariat of State in the Office of Social Development shall establish by regulation a percentage in accordance with the amount of investment. This shall serve as a basis for the monitoring and evaluation that it performs thereon. The criteria for fixing the aforementioned percentage shall be established in the Regulations of this Law.

USE OF RESOURCES. 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 Secretariat of State in the Office of Social Development shall ensure that resources are allocated based on the principles contemplated in this Law.

MANAGEMENT OF RESOURCES. 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 Secretariat of State in the Office of Social Development. The Secretariat of State in the Office of Finance, as a prior requirement to the beginning of the disbursement process of resources intended for social development programs and projects derived from public policies, must require that the criterion of institutional co-responsibility and integrality regulated by the Secretariat of State in the Office of Social Development has been satisfactorily met.

EMERGENCIES. In the event that a local, departmental, regional or national emergency is declared, the Secretariat of State in the Office of Social Development shall formulate recommendations to reorient the application of the State's financial resources, seeking to ensure that the continuity of programs and projects under execution is not put at risk, in coordination with the instances responsible for emergency matters.

INSTANCES OF CITIZEN PARTICIPATION AND CONSULTATION. The Secretariat of State in the Office of Social Development must structure the articulation among Civil Society Organizations that have social development as their objective, the programs of private enterprises 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 Country Vision and the Adoption of a National Plan for Honduras. The instances of citizen participation and consultation shall have as their objective, among others: consultation on public policies in social matters, proposal of social development projects, consultation of social development priorities for the region and social audit. The structure and methodology shall be defined by the Regulations of this Law.

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

ADJUSTMENT OF PLANS AND ACTIONS. State institutions that develop social programs must adjust their plans and actions to the objectives and guidelines established in this Law, in order to be incorporated in the operational plan corresponding to the year following its approval.

PUBLIC POLICIES AND REGULATIONS. The State Secretary 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 application in accordance with this Law.

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

SUPPLEMENTARY RULES. In everything not regulated by this Law, the provisions of the normative legal framework of the different social sectors and assistance to vulnerable populations shall apply.

The Presidency of the Republic through the State Secretary in the Office of Social Development shall issue the Regulations for the Implementation 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 Hall of Sessions of the National Congress, on the tenth day of the month of April in the year two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY Executive Power. Therefore: Be it enforced. 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