Law for the Establishment of Headquarters in Honduras
Congreso Nacional
- Decree: 62-2024
- Published: October 4, 2024
- Issuing body: Congreso Nacional
- Gazette: 36,656
- Category: Administrative
Summary
This law authorizes the establishment in Honduras of the main headquarters of the Permanent Secretariat of the Forum of Presidents of Legislative Powers (FOPREL), an international organization that brings together legislators from several countries. The headquarters will operate in facilities of the National Congress and will enjoy financial autonomy, legal capacity to contract and acquire property, with privileges similar to international diplomatic organizations.
Considerations
Whereas, in accordance with the provisions established in Article 15 of the Constitution of the Republic, the State of Honduras makes its own the principles and practices of International Law that promote human solidarity, respect for the self-determination of peoples, non-intervention, and the strengthening of peace and universal democracy.
Whereas, the State of Honduras is a member of the Forum of Presidents of Legislative Powers in accordance with the Constitutive Interparliamentary Agreement, executed in the City of Managua, Republic of Nicaragua on the 26th day of August of the year 1994 and ratified in the City of San José, Republic of Costa Rica, on the 14th day of March of the year 2024 by the Honorable Presidents and Presidentas of the Legislative Powers.
Whereas, the Forum of Presidents of Legislative Powers constitutes an international organism, with its own autonomy that is founded on the principles and norms of the national legal-political order and the practice of international law that promote human solidarity, respect for the self-determination of peoples, non-intervention, and the strengthening of peace and universal democracy.
Whereas, the Presidents and Presidentas of the Legislative Powers that make up the Forum of Presidents of Legislative Powers with the approval of the President of the National Congress of Honduras, Congressman Luis Rolando Redondo Guifarro, unanimously agreed by means of Resolution RE-XXVIII-06-03062023 dated June 3, 2023, to establish the Headquarters of the Permanent Secretariat of FOPREL in the Republic of Honduras.
Whereas, the good will of the Congress of the Republic of Honduras to host the headquarters of the Permanent Secretariat of the Forum of Presidents of Legislative Powers synthesizes the purpose of contributing to strengthen bonds of interparliamentary cooperation both in regional and international form, necessary for the common good, Integration, and Sustainable Development of the Region.
Whereas, in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform, and repeal laws.
Whereas, the Constitution of the Republic recognizes in Article 299 the need to promote the development of public works to generate conditions for social and economic development and attributes to the Municipality of each Municipality, functions to promote local development.
Whereas, the Constitution of the Republic recognizes in Article 294 municipal autonomy, with those specific attributions that the law designates for them, to promote the well-being of the population through the provision of services and in other functions of regulatory oversight in their communities.
Whereas, it is important to strengthen municipalities so that they can fulfill their leading role in promoting the well-being of their inhabitants, acknowledging that they are responsible for the execution of plans and projects for the development of the Municipality in accordance with Article 13 of the Law of Municipalities, specifically in numeral 4, among others the following: "Construction of drinking water distribution networks…"
Articles
To authorize the Forum of Presidents of Legislative Powers to establish in Honduran territory, the principal Headquarters of the Permanent Secretariat of this organism, for the proper performance, efficiency, and effectiveness of its functions, in accordance with what was agreed by the representatives of the Member States of FOPREL by means of Resolution RE-XXVIII-06-03062023, dated June 3, 2023. The Headquarters shall be located in the facilities of the Legislative Power of the State of Honduras or in the place that it designates for its operation. The Headquarters of the Permanent Secretariat of FOPREL constitutes an administrative instance with attributions governed by principles of organic independence, financial independence, and functional autonomy, in accordance with what is established in the Constitutive Interparliamentary Agreement of FOPREL and its amendments.
The Permanent Secretariat of FOPREL possesses full capacity in the exercise of its functions and for the realization of its purposes; consequently, it can by express delegation of FOPREL, contract obligations and acquire rights in accordance with national laws, including the capacity to contract, acquire for consideration or gratuitously, and dispose of real property.
The Permanent Secretariat of FOPREL shall have as its head an Executive Secretary, who shall enjoy the facilities and privileges that are granted in the country to officials of international organisms for the exercise of their functions in accordance with what is established in Article 11 of the Constitutive Interparliamentary Agreement of FOPREL.
The Permanent Secretariat of FOPREL may exercise its legal personality throughout the entire territory of the Republic, for which purpose, the Secretariat of State in the Offices of Governance, Justice and Decentralization, must carry out the pertinent actions for the immediate granting thereof; therefore, the Permanent Secretariat may contract obligations and acquire rights in accordance with national laws in matters that are pertinent and in concordance with the prescriptions of this Decree, in the same manner it may be a party in judicial and administrative proceedings.
The Permanent Secretariat of FOPREL may hold funds, current foreign currency of any kind and in relation to its operations in the territory, manage its financial resources in any currency, in accordance with the current national regulations.
The Permanent Secretariat of FOPREL shall have freedom to transfer its current foreign currency funds from one country to another, or within any country and to convert into any other currency, the current currency that it holds in its possession in accordance with current national regulations.
The Executive Secretary of FOPREL in the performance of his official functions carried out in national territory shall enjoy the prerogatives recognized for diplomatic agents and their family members. The Permanent Secretariat shall enjoy, for its part, all the immunities granted to diplomatic missions.
The Executive Secretary and his family members must respect the provisions contained in the legal framework in force in the Republic of Honduras from their entry into national territory.
This Decree shall enter into force from 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 thirtieth day of the month of May of two thousand twenty-four.
Related laws
- Agreement on the Seat of the IUCN in Honduras — Honduras agrees to allow the IUCN (international environmental conservation organization) to establish a headquarters office in the country to work on natural resource protection. The IUCN will enjoy diplomatic immunities, tax exemptions, and operational facilities similar to a diplomatic mission, without interfering with Honduran laws. (Decree 87-2017, 2017)
- Decreto Legislativo No. 87-2017 — Aprobación del Acuerdo Sede entre el Gobierno de Honduras y la Unión Internacional para la Conservación de la Naturaleza y de los Recursos Naturales (UICN) (Decree 87-2017, 2018)
- Regulations on Travel Allowances of the Armed Forces of Honduras — This regulation establishes the rules for UNACIFOR (National University of Forest Sciences) employees and officials to receive daily allowances and travel expenses when carrying out official activities outside their workplace. It defines maximum amounts based on employee category, geographic zone, and travel duration, and requires submitting expense receipts for reimbursement within five business days.
- Reglamento — Reglamento de Viáticos y Otros Gastos de Viaje de la Universidad Nacional de Ciencias Forestales (UNACIFOR) — This regulation establishes how the National University of Forest Sciences (UNACIFOR) pays daily travel allowances and travel expenses to its employees when they travel away from their headquarters for work. It defines maximum amounts based on employee category, travel destination, and mission duration, plus procedures for requesting, receiving, and justifying these expenses with receipts.
- Acuerdo Ejecutivo No. 47-SJDDHH-2011 — Conceder Gracia de Indulto a Eleno Acosta Rodríguez por delitos de tráfico ilegal de personas y falsificación de documentos (Decree 47-SJDDHH-2011, 2012)