Law for the Prevention, Care and Protection of Internally Displaced Persons Title I General Provisions Single Chapter Purpose, Scope, Nature, Principles, Definitions and Forms of Internal Displacement

PURPOSE OF THE LAW. The purpose of this Law is to prevent internal displacement, provide care, protection and humanitarian assistance to persons or groups of persons who have been forced or compelled to flee from their home or place of habitual residence, particularly as a result of or to avoid the effects of armed conflict, situations of widespread violence, violations of Human Rights, and who have not crossed an internationally recognized state border. It also aims to establish the conditions and provide the means to enable the voluntary, safe and dignified return of forcibly displaced persons to their home or place of habitual residence, or their voluntary resettlement in another part of the country. The authorities shall endeavor to facilitate their reintegration when they have returned or resettled elsewhere.

SCOPE OF APPLICATION. This Law shall apply to all forcibly displaced persons defined as such in Article 6 below, as well as those at risk of becoming displaced. It shall also apply to returnees with protection needs in cases where the cause of departure from the country is linked to acts of violence similar to those of Internally Displaced Persons, and where upon return the risk factors that caused their departure from the country persist.

NATURE OF THE LAW. This Law is of public order, of social interest and of general application throughout the Republic.

PRINCIPLES. The implementation of this Law is founded, in addition to the Constitution of the Republic and international norms on human rights, on the application of the following principles:

• 1)

  PREFERENTIAL ACCESS: Forcibly displaced persons must have gradual and preferential access to social programs intended for assistance, protection, return, reintegration and socioeconomic restoration. Priority criteria shall be established in the Regulations of this Law.

• 2)

  GOOD FAITH: All state actions and resolutions derived from this Law have good faith as their basic foundation. The State shall presume the good faith of persons making requests and victims of forced displacement. Public officials who participate in the processes referred to in this Law shall not criminalize or hold persons responsible for their status as victims and shall provide them with assistance, care and support services from the moment they request them and following the procedure established, respecting and guaranteeing the effective exercise of their rights.

• 3)

  COHERENCE: The State shall ensure the implementation of protection measures in a proportional, coordinated and harmonized manner with other security and social protection measures.

• 4)

  CONFIDENTIALITY: Information relating to care and protection measures provided is of a reserved and confidential nature, except to persons who benefit from them or their representatives.

• 5)

  CONSENT: The acceptance of assistance and protection measures offered by the State to forcibly displaced persons is free and voluntary.

• 6)

  BEST INTERESTS OF THE CHILD: It refers to the integral development of children, understood in a broad sense that includes their basic material needs, physical, educational and emotional, as well as their need for affection and security and applies to all children and adolescents, without any discrimination.

• 7)

  INTERDEPENDENCE: It implies that the enjoyment and exercise of one right is linked to the guarantee of other rights; and the violation of one right also puts other rights at risk.

• 8)

  GENDER APPROACH: It refers to observing, analyzing and promoting transformations with respect to inequalities and inequities in the condition, construction of roles and position of men and women in society.

• 9)

  NON-REFOULEMENT: It consists of internally displaced persons having the right to be protected against forced return to any place where their life, security, freedom or health is at risk.

• 10)

  SAFETY OF HUMANITARIAN PERSONNEL: It implies responsibility in guaranteeing the safety of humanitarian workers, which falls on the authorities that control the territory where they operate.

• 11)

  NON-REVICTIMIZATION: It implies providing a State response to victims or any person passive to a crime, that does not relive the traumatic situation and/or reassume their role as a victim.

• 12)

  HUMAN RIGHTS-BASED APPROACH: It focuses on analyzing the inequalities found at the heart of development problems and correcting discriminatory practices and unjust distributions of power that prevent development progress and often result in groups of persons being left behind.

• 13)

  DIFFERENTIATED APPROACH: The State and humanitarian agents must adopt differential criteria that respond to the particularities and degree of heightened vulnerability present in population groups that have characteristics due to their age, sex, ethnic and cultural origin, disability, sexual orientation and gender identity, or any other similar criterion.

• 14)

  GRADUALITY: The State has the obligation to design operational tools, with a scope defined according to the time, space and budgetary resources that allow a phased implementation of programs, plans and projects for protection, prevention, care and humanitarian assistance. Graduality does not exclude the State's obligation to implement them throughout the country and for all affected sectors, within a determined period, respecting the constitutional principle of equality.

• 15)

  PROGRESSIVITY: It implies gradual progress toward full implementation, meaning that for the fulfillment of certain rights, measures must be taken in the short, medium and long term, but proceeding as quickly and effectively as possible.

• 16)

  HUMANITY: Human suffering must be addressed wherever it is found. The objective of humanitarian action is to protect life and guarantee respect for human beings.

• 17)

  EQUALITY AND NON-DISCRIMINATION: Internally displaced persons shall enjoy the same rights and freedoms that international law and internal law recognize for other inhabitants of the country. They shall not be subject to any discrimination in the enjoyment of their rights and freedoms by the mere fact of being internally displaced.

• 18)

  IMPARTIALITY: Humanitarian action must be carried out according to need, giving priority to the most urgent cases and without discrimination of any kind.

• 19)

  PARTICIPATION: Forcibly displaced persons shall participate in decisions affecting them and shall have access to necessary information, advice and accompaniment.

• 20)

  DO NO HARM: The State shall evaluate its actions to counter violence and adopt necessary measures to mitigate its impact on the population.

• 21)

  PREVALENCE AND NORMATIVE INTERPRETATION: The norms established in treaties and international conventions ratified by the State of Honduras regarding human rights and the interpretations made of them by international human rights protection bodies are prevalent.

• 22)

  PRIORITIZATION: A progressive approach must be made based on the areas with the greatest expulsion and greatest reception of forcibly displaced population, establishing an order of priority in areas with the greatest needs and differentiating the required actions, on the basis of objective criteria that demonstrate the need for prioritization.

• 23)

  PRO PERSONA: The provisions of this Law shall always be applied in the manner most favorable to the dignity of the human person.

• 24)

  RESPONSIBILITY: The authorities at the national, departmental and municipal levels have the primary obligation and responsibility to provide protection and humanitarian assistance to forcibly displaced persons within their jurisdiction.

• 25)

  SUSTAINABILITY: The State has the obligation to implement measures to ensure the financing of a continued, progressive, effective and viable response.

• 26)

  SUBSIDIARITY: The response to a situation of forced displacement should be resolved by the authority closest to the affected population.

GLOSSARY OF TERMS. The following terms are understood to mean:

• 1)

  HUMANITARIAN ASSISTANCE: The temporary and immediate aid provided by the State in emergency situations aimed at relief, assistance and support to the displaced population in order to mitigate the basic needs of housing in dignified and safe conditions, food, potable water, personal hygiene, clothing, medical and psychological care, emergency transportation, education and others necessary for the realization of the rights of persons.

• 2)

  PROPERTY: For purposes of this Law, the following are considered as protected property: land, dwellings and movable property, such as: household goods, vehicles, among others.

• 3)

  PROPERTY SUBJECT TO PROTECTION OF A REGISTRABLE NATURE: Land, dwellings and motor vehicles.

• 4)

  AFFECTED COMMUNITIES: Those in which the consequences of internal forced displacement are manifested. It includes the displaced persons themselves, expelling communities, receiving communities, communities in return zones or those composed of forcibly displaced persons.

• 5)

  PERSONAL IDENTIFICATION DOCUMENTS: National Identification Document; Passport; certificates of birth, death and marriage and driver's licenses, social security cards or student cards, when applicable.

• 6)

  CREDITOR ENTITIES: Private and state banks, financial companies, savings and loan associations, insurance and reinsurance companies, private development finance organizations, private or public pension fund administrators, savings and credit cooperatives, credit institutions and/or commercial houses, vehicle agencies, non-bank lenders, quick credit agencies, professional associations; and any others that perform functions analogous to the granting of credit to individuals whether private or public.

• 7)

  VICTIMIZING ACT: It constitutes acts such as use, linkage and forced recruitment, extortion, murder, threats, injuries, sexual violence, sexual harassment, kidnapping, forced disappearance, torture, cruel, inhuman or degrading treatment, discrimination, coercion, arbitrary detention, dispossession and/or usurpation of land and housing, hate crimes, among others that violate the life, freedom and physical and/or mental integrity; as well as the security of the person.

• 8)

  INTEGRATION: A type of durable solution consisting of the process of incorporation of persons in a situation of internal forced displacement into the community, municipality, different from the one they had to flee to safeguard their life or personal integrity, taking into account full respect for multiculturalism, freedom of choice, the customs of their communities of origin, as well as the conditions of safety and dignity that permit the full exercise of their human rights.

• 9)

  BENEFICIARY PERSON: Is the person subject to protection by the bodies referred to in this Law.

• 10)

  REQUESTING PERSON: Is the person who makes the request for assistance and protection to the bodies referred to in this Law.

• 11)

  MATERIAL PROTECTION OF PROPERTY: Set of measures adopted by the authority to prevent property abandoned by the displaced population from being subject to destruction or occupation by third parties.

• 12)

  LEGAL PROTECTION OF PROPERTY: Set of measures aimed at registering and verifying rights over property left by forcibly displaced persons at the time of their departure, as well as verification measures of voluntariness in any contracts in which patrimonial rights over abandoned property are disposed of.

• 13)

  PROTECTION: Set of activities intended to prevent and end violations of human rights and safeguards, guarantee access to justice, and promote an environment of respect for human rights.

• 14)

  REINTEGRATION: A type of durable solution, consisting of the gradual process that institutions must develop in parallel with care and protection processes for persons in a situation of internal forced displacement, to achieve conditions that guarantee the full exercise of their human rights, for the benefit of family welfare and regional and national development.

• 15)

  RETURN: A type of durable solution through which persons in a situation of internal forced displacement voluntarily return to their homes or places of habitual residence, in conditions of security and dignity, with full exercise of their human rights.

• 16)

  RESETTLEMENT: A type of durable solution through which persons in a situation of internal forced displacement establish themselves in a demographic settlement distinct from their original settlement and place of habitual residence. It includes the set of coexistence systems, in a physically located area, considering the natural elements and material works that compose it, in conditions of security and dignity.

• 17)

  AT-RISK SITUATION: One that no person has the legal duty to bear and that occurs when there is extreme risk that threatens the life, physical and/or mental integrity, freedom and personal security of an individual, family or group of persons, and that requires assistance and protection, or immediate follow-up within a few days.

• 18)

  DURABLE SOLUTION: It is achieved when forcibly displaced persons no longer have specific needs for assistance and protection linked to the situation of forced displacement, and when they enjoy their human rights without discrimination due to displacement.

• 19)

  VICTIM: "Victim" shall be understood as the person who, individually or collectively, has suffered harm, including physical or mental injury, emotional suffering, financial loss or substantial impairment of fundamental rights, as a consequence of acts or omissions that violate the criminal legislation in effect in the Member States, including those that prohibit abuse of power.

• 20)

  WIDESPREAD VIOLENCE: Situations characterized by the deliberate use of violence against individuals, groups or communities that involve serious violations of human rights.

FORCIBLY DISPLACED PERSONS. For purposes of this Law, "forcibly displaced persons" are understood to be persons or groups of persons who have been forced or compelled to flee from their home or place of habitual residence because their life, physical integrity, security or individual freedoms have been violated or are directly threatened, particularly as a result of or to avoid the effects of armed conflict, situations of widespread violence, violations of human rights and who have not crossed an internationally recognized state border. Displacement is a factual situation and does not change the legal status of forcibly displaced persons. For the recognition of a person as forcibly displaced, the authorities shall apply the principle of good faith and shall take into account, in addition to the contextual elements of the place where their displacement is verified, the evidence that for this purpose is alleged by the forcibly displaced persons.

TYPES OF DISPLACEMENT. For purposes of this Law, the types of displacement are: 1) INDIVIDUAL DISPLACEMENT: Those cases whose number of persons to be displaced are equal to or less than fifty (50), whether or not they are part of the same community or family; and, 2) COLLECTIVE DISPLACEMENT: Those cases where the same event has caused the displacement of the same community or family and the number of persons to be displaced is equal to or greater than fifty-one (51).

JURISDICTION OF THE AUTHORITY. The authorities at the central, departmental and municipal levels have the primary obligation and responsibility to prevent displacement, provide protection and humanitarian assistance and promote the achievement of durable solutions for forcibly displaced persons within their jurisdiction without any discrimination.

ENFORCEMENT BODIES OF THE LAW. The National System for Response to Internal Forced Displacement (SINARDEFI) is created, whose objective is to ensure compliance with this Law. The System shall be composed of:

• 1)

  Presidency of the Republic;

• 2)

  National Congress (CN);

• 3)

  Supreme Court of Justice (CSJ);

• 4)

  Attorney General of the Republic (PGR);

• 5)

  Public Ministry (MP);

• 6)

  State Secretariat of the Office of Human Rights (SEDH);

• 7)

  State Secretariat of the Offices of Governance, Justice and Decentralization (SGJD);

• 8)

  State Secretariat of the Office of Security (SEDS);

• 9)

  State Secretariat of the Office of Social Development (SEDESOL);

• 10)

  State Secretariat of the Office of Education (SEDUC);

• 11)

  State Secretariat of the Office of Finance (SEFIN);

• 12)

  State Secretariat of the Office of Health (SESAL);

• 13)

  State Secretariat of the Offices of Labor and Social Security;

• 14)

  State Secretariat of the Office of National Defense (SEDENA);

• 15)

  State Secretariat of the Offices of Foreign Affairs and International Cooperation (SRECI);

• 16)

  State Secretariat of the Office of Economic Development (SDE);

• 17)

  State Secretariat of the Office of Women's Affairs (SEMUJER);

• 18)

  National Registry of Persons (RNP);

• 19)

  Directorate of Childhood, Adolescence and Family (DINAF);

• 20)

  National Migration Institute (INM);

• 21)

  Property Institute (IP);

• 22)

  National Agrarian Institute (INA);

• 23)

  National Institute of Statistics (INE);

• 24)

  National Institute of Professional Training (INFOP);

• 25)

  State Secretariat of the Offices of Risk Management and National Contingencies (COPECO);

• 26)

  National Commission on Housing and Human Settlements (CONVIVIENDA);

• 27)

  Municipalities;

• 28)

  National Program for Prevention, Rehabilitation and Social Reintegration (PNPRRS), a deconcentrated unit of the Presidency of the Republic;

• 29)

  Two (2) organizations of civil society of human rights duly constituted; and,

• 30)

  Others linked to it. The System shall also be composed of Civil Society organizations and international organizations that, in their complementary role, shall assist the National System for Response to Internal Forced Displacement (SINARDEFI), in compliance with this Law. The National Human Rights Ombudsman (CONADEH) shall have a role as guarantor and observer of the functioning of the system without prejudice to other specific attributions that this Law grants it. The representatives of Civil Society organizations that are part of the National System for Response to Internal Forced Displacement (SINARDEFI) must be elected in a public assembly convened by the State Secretariat of the Offices of Governance, Justice and Decentralization (SGJD). The term of office of members of Civil Society organizations in the Commission shall be for a period of two (2) years and may only be re-elected for one additional term. The members of the System shall exercise their duties on an ad honorem basis.

INTER-INSTITUTIONAL COORDINATION. The National System for Response to Internal Forced Displacement (SINARDEFI) shall coordinate with the commissions and independent mechanisms of the State, such as: Inter-institutional Commission Against Sexual Exploitation, Commercial and Trafficking of Persons in Honduras (CICESCT) and the National Committee for Prevention Against Torture, Other Cruel, Inhuman or Degrading Treatment (CONAPREV), as well as the National System for Protection of Human Rights Defenders, Journalists, Social Communicators and Operators of Justice, the necessary measures to ensure compliance with this Law.

BODIES OF SINARDEFI. The National System for Response to Internal Forced Displacement (SINARDEFI) shall operate through the following bodies:

• 1)

  The Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF);

• 2)

  The State Secretariat of the Office of Human Rights, through the Directorate for the Protection of Persons Internally Displaced by Violence; and,

• 3)

  The Municipal Units for Care and Protection of Forcibly Displaced Persons (UMAPPDEF).

COMPOSITION OF CIPPDEF. The Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) is the highest decision-making body of the System and shall be chaired by the holder of the Executive Power, who may delegate this function. The Commission shall be composed of:

• 1)

  Presidency of the Republic;

• 2)

  State Secretariat of the Office of Human Rights (SEDH);

• 3)

  State Secretariat of the Offices of Governance, Justice and Decentralization (SGJD);

• 4)

  State Secretariat of the Office of Finance (SEFIN);

• 5)

  State Secretariat of the Offices of Foreign Affairs and International Cooperation (SRECI);

• 6)

  State Secretariat of the Office of Social Development (SEDESOL);

• 7)

  State Secretariat of the Office of Security (SEDS);

• 8)

  State Secretariat of the Office of Education (SEDUC);

• 9)

  State Secretariat of the Office of Health (SESAL);

• 10)

  State Secretariat of the Offices of Labor and Social Security;

• 11)

  Attorney General of the Republic (PGR);

• 12)

  State Secretariat of the Office of Women's Affairs (SEMUJER);

• 13)

  Directorate of Childhood, Adolescence and Family (DINAF);

• 14)

  Property Institute (IP);

• 15)

  State Secretariat of the Offices of Risk Management and National Contingencies (COPECO);

• 16)

  National Human Rights Ombudsman (CONADEH);

• 17)

  The municipalities, when invited by the topics to be discussed;

• 18)

  Two (2) Civil Society organizations of Human Rights duly constituted; and,

• 19)

  Others that are invited for specific matters. The principal representative of the State bodies in the Inter-institutional Commission for the Protection of Forcibly Displaced Persons shall be the head of the institution and the person acting as alternate must hold the rank of Undersecretary, Subdirector, or as appropriate. The representatives of Civil Society organizations that are part of the Commission must be elected in a public assembly convened by the State Secretariat of the Offices of Governance, Justice and Decentralization (SGJD). The term of office of members of Civil Society organizations in the Commission shall be for a period of two (2) years and may only be re-elected for one additional term. The members of the Commission shall exercise their duties on an ad honorem basis.

INTERNATIONAL ORGANISMS AND ORGANIZATIONS. The Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) shall have the permanent advice of organisms and international organizations whose mandate is related to the object of this Law.

ATTRIBUTIONS OF CIPPDEF. The attributions of the Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) are:

• 1)

  Design the policies, strategies, plans, programs and projects for the prevention, care and protection of the persons referred to in this Law, in particular it shall design the Comprehensive Policy for Care and Protection of the Internally Displaced Population;

• 2)

  Exercise supervision, control, monitoring and evaluation functions of the National System for Response to Internal Forced Displacement (SINARDEFI);

• 3)

  Require the entities of the National System for Response to Internal Forced Displacement (SINARDEFI) to guarantee the achievement of budgetary resources and manage financial resources from sources of financing other than the General Budget of Income and Expenditure of the Republic to guarantee adequate and timely provision of services;

• 4)

  Submit an annual report on progress in the execution and compliance with this Law, which must be presented to the National Congress of the Republic within the month following each start of the legislative session;

• 5)

  Design the bases and criteria for public investment in prevention, care, protection and durable solutions;

• 6)

  Advise the bodies of the State in the fulfillment of public policies that guarantee the protection of the rights of forcibly displaced persons;

• 7)

  Promote studies, research and diagnoses on the situation of forcibly displaced persons;

• 8)

  Manage funds from internal and external sources intended for the prevention, care and protection of displaced persons;

• 9)

  Promote the creation of new prevention and protection measures and urgent measures that guarantee the life, integrity, freedom and security of the persons referred to in this Law;

• 10)

  Analyze, debate and issue recommendations on: the Regulations on the Operation and Administration of the Fund for Care of Forcibly Displaced Persons; the Procurement and Acquisitions Plan of the Fund for Care of Forcibly Displaced Persons and on the protocols, routes, programs and projects that arise from this Law;

• 11)

  Create thematic subcommissions;

• 12)

  Promote spaces for dialogue and participation of forcibly displaced persons;

• 13)

  Develop and approve its internal operating regulations and others as required; and,

• 14)

  Others useful to its function.

TECHNICAL SECRETARIAT AND SESSIONS OF CIPPDEF. The State Secretariat of the Office of Human Rights acts as the Executive Secretariat and Technical Facilitator of the Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF). The Commission must meet in ordinary session once (1) every six (6) months, convened by the Executive Secretariat and is validly established with the minimum quorum of nine (9) representatives of public institutions and one (1) Civil Society organization. It may hold extraordinary sessions with the attendance of one-third (1/3) of its members. The Inter-institutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) shall have a technical space with personnel from each of the institutions that compose it, which must meet once (1) per month.

RESOLUTIONS OF THE INTERINSTITUTIONAL COMMISSION FOR THE PROTECTION OF FORCIBLY DISPLACED PERSONS (CIPPDEF). Once the Interinstitutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF) is installed, it must adopt decisions with the vote of a simple majority of those present and in case of a tie, the Presidency shall have a deciding vote. CHAPTER III DIRECTION FOR THE PROTECTION OF FORCIBLY DISPLACED PERSONS

DIRECTION FOR THE PROTECTION OF PERSONS INTERNALLY DISPLACED BY VIOLENCE. The Direction for the Protection of Persons Internally Displaced by Violence or the Direction, attached to the State Secretariat for Human Rights, shall be responsible for articulating the execution of the policies, plans, programs, projects, and protocols referred to in this Law and those created pursuant to it.

HEAD AND ORGANIZATION OF THE DIRECTION. The Direction shall have a Director or Directress whose profile and selection process shall be defined in the Regulations of this Law and shall be appointed by the holder of the State Secretariat for Human Rights. The Direction shall have the internal structure, personnel, and necessary budget that allow it to fulfill its functions.

ATTRIBUTIONS OF THE DIRECTION. The Direction shall have the following attributions:

• 1)

  Coordinate in an orderly, systematic, coherent, efficient, and harmonious manner the actions of the entities that make up the National System for Response to Internal Forced Displacement (SINARDEFI);

• 2)

  Supervise the correct functioning and performance of its programs, units, and subunits;

• 3)

  Receive and process requests for protection and assistance from forcibly displaced persons referred to it;

• 4)

  Determine whether applicants are effectively forcibly displaced persons and, therefore, subject to protection under this Law;

• 5)

  Implement assistance and protection measures for forcibly displaced persons, in coordination with the other units that make up the National System for Response to Internal Forced Displacement (SINARDEFI);

• 6)

  Modify, suspend, or cancel protection measures granted;

• 7)

  Act ex officio in coordination with the other entities that make up the National System for Response to Internal Forced Displacement (SINARDEFI) in cases where there is knowledge of a certain and specific risk that may affect the legal interests protected by this Law; and when appropriate, requiring the competent entity to provide a timely response;

• 8)

  Develop protocols, plans, and routes to be applied in cases of collective and individual displacement;

• 9)

  Develop protocols, plans, and routes to be applied in the extraordinary and ordinary procedures referred to in this Law;

• 10)

  Articulate with the rest of the organs and entities that make up the National System for Response to Internal Forced Displacement (SINARDEFI), the promotion of durable solutions for internally displaced persons;

• 11)

  Develop and present annual reports and accountability reports of the Direction;

• 12)

  Develop the regulations for the functioning and administration of the Fund for the Attention of Forcibly Displaced Persons;

• 13)

  Develop the Procurement and Acquisitions Plan of the Fund for the Attention of Forcibly Displaced Persons;

• 14)

  Support in the process of design, implementation, and follow-up of public policies and national plans on forced displacement;

• 15)

  Provide technical assistance and support to state, local, civil society entities, and the general population regarding the implementation of public policies on the matter;

• 16)

  Develop diagnoses, studies, and research on the situation, causes, and impact of forced displacement;

• 17)

  Develop training and capacity-building processes for state, local, civil society entities, and the general population on matters related to this Law;

• 18)

  Develop information and awareness-raising campaigns; and,

• 19)

  Others useful to its function.

COORDINATION OF THE DIRECTION'S ACTIONS. The functions of the Direction shall be exercised through clear guidelines of coordination, complementarity, and responsibility with the public organs and entities that make up the National System for Response to Internal Forced Displacement (SINARDEFI), the Regulations shall define their roles and competencies for the provision of humanitarian assistance and protection referred to in this Law. The State Secretariat for Human Rights is empowered to execute the Agreements that may be necessary for the proper provision of the Direction's services.

UNITS OF THE DIRECTION. For the effective functioning of the Direction, the following units are created:

• 1)

  Unit for case reception and risk and needs analysis;

• 2)

  Unit for coordination of implementation and follow-up of assistance and protection measures;

• 3)

  Unit for prevention;

• 4)

  Unit for durable solutions; and,

• 5)

  Unit for registration and information.

UNIT FOR CASE RECEPTION AND RISK AND NEEDS ANALYSIS. The Direction through the Unit for Case Reception and Risk and Needs Analysis shall be responsible for the reception of cases and analysis of risks and needs of requests regarding individual or collective cases referred to it; as well as issuing recommendations for measures to be adopted.

UNIT FOR COORDINATION OF IMPLEMENTATION AND FOLLOW-UP OF ASSISTANCE AND PROTECTION MEASURES. The Direction through the Unit for Coordination of Implementation and Follow-Up of Assistance and Protection Measures shall be responsible for the arrangement, implementation, and follow-up of humanitarian assistance and protection measures with the beneficiary persons or communities. In coordination and complementarity with the other organs and entities that make up the system.

UNIT FOR PREVENTION. The Direction through the Unit for Prevention and in coordination with the organs and entities that make up the System shall have the following functions:

• 1)

  Advise the design and implementation phases of the early and urgent prevention plans and protocols referred to in this Law;

• 2)

  Conduct field visits when the circumstances of the case warrant it, for the identification of risks and protection needs;

• 3)

  Evaluate the causes of displacement and coordinate with other entities the creation or modification of specific mechanisms for the protection of forcibly displaced persons against risks related to human trafficking, torture, cruel, inhuman, or degrading treatment, sexual exploitation, sexual violence against women, girls, boys, and LGBTBI persons, and dispossession of land and housing;

• 4)

  Administer the Early Warning System referred to in this Law;

• 5)

  Design community protection programs and spaces; and,

• 6)

  Others pertaining to its function.

UNIT FOR DURABLE SOLUTIONS. The Direction through the Unit for Durable Solutions, and in an interinstitutional manner with the other organs and entities that make up the System, shall articulate the supply and social protection programs of the State for the benefit of the persons referred to in this Law. The State organs responsible for protection and social assistance programs, housing, credit, employment, vocational training, among others; shall in their respective annual planning, progressively budget an exclusive quota for forcibly displaced persons, in accordance with the principles set forth in Article 4 of this Law.

UNIT FOR REGISTRATION AND INFORMATION. The Direction through the Unit for Registration and Information shall be responsible for the administration of the Unified Registry of Forcibly Displaced Persons (RUPDEF), which shall maintain a record of the persons, family units, and communities subject to care within the System. This registry shall permit both the identification of beneficiary persons and the follow-up of the response offered by the State and other entities that integrate the system, under strict confidentiality management.

MANDATORY NATURE OF MEASURES. The humanitarian assistance and protection measures established by the State Secretariat for Human Rights, through the Direction for the Protection of Persons Internally Displaced by Violence, are mandatory for public organs and entities involved.

MUNICIPAL UNITS FOR ATTENTION AND PROTECTION OF FORCIBLY DISPLACED PERSONS. The Municipal Units for Attention and Protection of Forcibly Displaced Persons (UMAPPDEF) are created as municipal mechanisms for the implementation of this Law. These shall operate in the municipalities that present the largest number of displaced population or at risk of being displaced and in the municipalities with the greatest reception of displaced persons as identified in studies, diagnoses, characterizations, reports, and other official documents. The municipalities must allocate sufficient human, financial, and technical resources for the functioning of the Municipal Units for Attention and Protection of Forcibly Displaced Persons. These must follow the guidelines given by the Interinstitutional Commission for the Protection of Forcibly Displaced Persons (CIPPDEF), without prejudice to the fact that the response attends to their local reality. CHAPTER IV FUND FOR THE ATTENTION AND PROTECTION OF FORCIBLY DISPLACED PERSONS

FUND FOR THE ATTENTION AND PROTECTION OF FORCIBLY DISPLACED PERSONS (FAPDEF). The Fund for the Attention and Protection of Forcibly Displaced Persons (FAPDEF) or the Fund is created; for which a budget item must be created within the General Budget of Income and Expenditures of the Republic for each Fiscal Year, said Fund may also be financed from external sources of financing. The Fund shall not be less than ONE HUNDRED FIFTY MILLION LEMPIRAS EXACTLY (L.150,000,000.00) annually, whose resources may only be credited to the State Secretariat for Human Rights.

DESTINATION OF THE FUND. The resources of the Fund shall be used to finance humanitarian assistance established by the State Secretariat for Human Rights through the Direction for the Protection of Persons Internally Displaced by Violence; and only twenty percent (20%) of it may be allocated to measures aimed at achieving durable solutions as established in Article 73 of this Law.

EXEMPTION. Exemption is granted from fees, contributions, taxes, or customs duties on imports or special taxes, surcharges, sales tax on production, consumption, and/or purchases of goods and services financed by the Fund for the Care and Protection of Internally Displaced Persons.

NON-EXCLUSION. The participation of the Fund in the aforementioned financing does not exempt national, departmental, and municipal institutions and entities involved in comprehensive care for the displaced population from managing the necessary resources for the execution of actions within their competence.

UNIQUE REGISTRY OF INTERNALLY DISPLACED PERSONS. The Unique Registry of Internally Displaced Persons (RUPDEF) is hereby created, attached to the State Secretariat in the Office of Human Rights, which shall guarantee the confidentiality and secure management of information. Its powers shall be the following:

• 1)

  To register cases of individual and collective forced displacement at the national level;

• 2)

  To maintain a record of assistance and protection measures granted in favor of beneficiaries;

• 3)

  To compile information from relevant sources in the matter, such as: Municipal Units for Care and Protection of Internally Displaced Persons (UMAPPDEF), the National Institute of Statistics (INE), the National Commissioner for Human Rights (CONADEH), Public Ministry, the Directorate for Children, Adolescence and Family (DINAF), the State Secretariat in the Offices of Foreign Relations and International Cooperation (SRECI), the Property Institute (IP), the National Agrarian Institute (INA), in order to systematize it periodically for the design of prevention programs and decision-making;

• 4)

  To ensure that compiled data are disaggregated at minimum by gender, age, ethnicity, religion, marital status, economic income, gender identity, sexual orientation, and geographic location, and shall be developed adequately under the human rights principle of doing no harm;

• 5)

  To investigate a range of processes that foster and encourage the participation of groups in situations of vulnerability;

• 6)

  To clearly report on how participation processes will be carried out and what the results of these exchanges are;

• 7)

  To ensure that the opinions of groups in greater situations of vulnerability or marginality, as well as groups at risk of being discriminated against, are represented in the sample;

• 8)

  To preserve institutional memory and knowledge in relation to information compiled through participation processes;

• 9)

  To disseminate information to the population regarding the manner in which statistics are compiled;

• 10)

  To publish official statistics that form part of the right to information; and,

• 11)

  To ensure that persons responsible for data collection have solid mechanisms and procedures to protect such statistics. Information shall be compiled using a single form that includes demographic data, identification of needs, humanitarian response, and monitoring of protection mechanisms. This shall be applied by all State entities, civil society organizations, and international agencies that provide care and protection to the displaced population, and shall subsequently be sent to the Directorate for the Protection of Internally Displaced Persons by Violence.

PARTICIPATION MECHANISMS. The timely and effective participation of persons covered by this Law shall be guaranteed in spaces for the design, implementation, execution, and evaluation of policies and plans at national, departmental, and municipal levels. For this purpose, participation mechanisms must be established for the displaced population, particularly women, children, adolescents, older adults, persons with disabilities, LGBTQI persons, indigenous and Afro-Honduran peoples, and other groups in situations of greater vulnerability. The participation mechanism shall be established in the Regulations to this Law.

RIGHTS. All internally displaced persons enjoy equal rights that the Constitution of the Republic and international human rights instruments recognize to the rest of the population under its jurisdiction; but in particular, they shall enjoy the following rights:

• 1)

  Not to be internally displaced;

• 2)

  Not to be discriminated against on account of being internally displaced, as well as on grounds of gender, age, sexual orientation, gender identity or expression, ethnic and cultural origin, disability, social condition, nationality, language, religious belief, political or philosophical opinion, or any other grounds;

• 3)

  To have respect for their freedom, security, dignity, and integrity, whether physical or mental, their belief, culture, or race;

• 4)

  Freedom of movement and circulation. The fact of having been displaced does not limit the right of freedom, nor the right to leave the country;

• 5)

  To request and receive protection against acts of violence that threaten their life, physical integrity, and that of their family;

• 6)

  To enjoy satisfactory living conditions, including the right to security, health and hygiene, education, shelter and basic housing, adequate clothing, medical services and sanitation as required;

• 7)

  To request and receive humanitarian assistance from authorities and humanitarian agents stationed or not in the country;

• 8)

  To request and receive legal information and assistance free of charge;

• 9)

  Prompt family reunification, when the displacement has separated the family unit;

• 10)

  To return to their place of origin or relocate under conditions of voluntariness, security, and dignity;

• 11)

  To have preferential access, on the terms established by this Law and its Regulations, to State programs for achieving reintegration and reaching a lasting solution;

• 12)

  Legal and material protection, as well as restitution of their rights in matters of land, housing, and property;

• 13)

  Identity and recognition of their legal personality, and preferential access to restitution and preparation of their documentation;

• 14)

  Immediate and free issuance of their personal identification documents;

• 15)

  Education and training in conditions of equality;

• 16)

  To obtain employment and participate in economic activities;

• 17)

  To participate in the design, implementation, and monitoring of programs, plans, or projects concerning protection, prevention, care, and assistance referred to in this Law and its Regulations, or those formulated on account of it;

• 18)

  To exercise the right to vote and participate in the direction of public affairs; and,

• 19)

  Access to justice and effective means of defense and restitution of rights.

PREVENTION. Prevention is the set of measures aimed at eliminating or mitigating the root causes of displacement in the early and urgent phase. Every person has the right to protection against forced and arbitrary displacement that separates them from their home or place of habitual residence. The State has the obligation to adopt measures to prevent violations of human rights and to counteract or eliminate the causes and circumstances that generate risk, making full observance of the precautionary principle.

EARLY WARNING SYSTEM. The State Secretariat in the Office of Human Rights through the Directorate for the Protection of Internally Displaced Persons by Violence and the National Commissioner for Human Rights (CONADEH), in coordination with local authorities and state prevention entities, shall strengthen their capacity to monitor and analyze violence and human rights violations in the country, in order to timely identify places where situations that generate forced displacement and affect the population may occur, through an Early Warning System. Its operation and areas of action shall be defined in the Regulations to this Law.

EARLY PREVENTION. The competent authorities shall adopt measures to identify the causes that generate violations of human rights and produce the displacement referred to in this Law, and shall adopt the policies, plans, and/or programs to prevent its occurrence. The Executive Branch shall formulate these measures within a reasonable timeframe, from the date this Law enters into force.

NATIONAL POLICY ON FORCED DISPLACEMENT PREVENTION. The Inter-institutional Commission for the Protection of Internally Displaced Persons is hereby instructed to design, within two (2) years from the date this Law enters into force, the National Policy on Forced Displacement Prevention, which among other aspects shall contemplate measures concerning:

• 1)

  Use, recruitment, and forced enlistment of children and adolescents by armed and criminal groups.

• 2)

  Gender-based violence as a cause of displacement, as well as during displacement and in the return, integration, and settlement stages, particularly against women, girls, and LGBTQI persons;

• 3)

  Arbitrary dispossession of land and territories from indigenous, Afro-descendant, and peasant peoples;

• 4)

  The protection of housing and property of the population referred to in this Law; and,

• 5)

  Other population groups at greater risk, such as teachers and transportation workers, among others. Local governments may formulate their own plans and programs that comply with the guidelines of the National Policy referred to in this Article.

URGENT PREVENTION. Faced with the imminence of a violation of human rights or any other violent act that may cause the displacement of persons or communities, actions, plans, and programs shall be adopted oriented toward deactivating threats and mitigating the effects of their occurrence. For such cases, municipalities that have managed to warn of situations of collective displacement may declare such fact as an emergency and adopt the necessary measures referred to in this Law to protect persons.

CONTINGENCY PLANS. Municipalities, the State Secretariat in the Offices of Risk and National Contingency Management (COPECO), and the Directorate for the Protection of Internally Displaced Persons by Violence, in coordination with other central and local authorities and humanitarian agents, shall design contingency plans in those areas where the context allows identifying an imminent risk of collective displacement. Contingency plans shall contain at minimum:

• 1)

  The specificities of the local context making a differentiation between urban and rural displacement, as well as communities with ties to the land;

• 2)

  Strategies in matters of registration, shelter, health, basic sanitation and psychosocial care, education and use of leisure time, food, security, protection of persons and property, communications, return, local reintegration and resettlement to counteract threats, reduce vulnerabilities, strengthen institutional and social capacities, as well as strengthen institutional and social coordination in risk reduction; and,

• 3)

  Budget sources to ensure availability in relation to the strategies contained in the plans.

GUIDED DISPLACEMENT. In exceptional circumstances and when there is no other alternative to protect the life, security, and integrity of persons facing extraordinary risks, the authorities, after prior consultation with the affected persons, may support their departure from the high-risk area. In case of applying this exceptional measure, the displacement shall be carried out in a manner that does not violate the rights of persons, respecting the principle of self-determination. It must be conducted in conditions of equality and applying differentiated criteria according to the specific population. The displacement decision shall be adopted and implemented by the Directorate for the Protection of Internally Displaced Persons by Violence, in coordination with the State Secretariat in the Office of Security, the State Secretariat in the Offices of Risk and National Contingency Management (COPECO), municipalities, and other institutions that comprise the System. For such effect, it shall observe the following safeguards:

• 1)

  All possible alternatives shall be studied and analyzed to prevent displacement. If no other alternative exists, all measures shall be taken to minimize the adverse effects of forced displacement on affected persons;

• 2)

  If displacement is unavoidable, the authorities according to their competence and mandate shall ensure, to the best extent, that new shelter is satisfactory and meets conditions of security, food, water, sanitation, hygiene, and health, and that family unit members are not separated;

• 3)

  Persons in situations of greater vulnerability and risk, and with special ties to the land, shall be protected during displacement;

• 4)

  Full disclosure of information on the reasons and procedures of the displacement in question;

• 5)

  Free and informed consent of the affected persons must be obtained by the authorities;

• 6)

  The authorities shall give special follow-up to areas affected by this type of displacement and shall take measures to overcome the causes that originated it to ensure the generation of conditions for safe, voluntary, and dignified return of the population;

• 7)

  The authorities shall foster the participation of internally displaced persons in the planning of their return or reintegration into another community; and,

• 8)

  While displacement lasts, the authorities shall give special care to property left behind, for which they shall maintain a strict record of all property, whether movable or immovable, that remains at the displacement site.

HUMANITARIAN ASSISTANCE. It is the primary duty and responsibility of the State to provide protection and humanitarian assistance without discrimination in cases of internal displacement. This delivery of assistance shall be provided to internally displaced persons if they do not have the necessary elements for their minimum subsistence, verified through a needs analysis. It comprises, among other purposes, providing relief, assistance, and protection to victims and affected communities; attending to their needs for food, personal hygiene, supply management, kitchen utensils, medical and psychological care, emergency transport, and safe temporary shelter in dignified conditions. This must be accepted by beneficiary persons, taking into account their culture, age, gender, and diversity, and must be adapted before, during, and after displacement. Humanitarian aid shall be provided in accordance with humanitarian principles of humanity and impartiality, without any discrimination among the population. Humanitarian assistance must be:

• 1)

  Available in sufficient quantity and quality;

• 2)

  Accessible to all internally displaced persons;

• 3)

  Acceptable to beneficiary persons; and,

• 4)

  Adapted to changing needs at different stages of displacement.

ON THE DELIVERY OF HUMANITARIAN ASSISTANCE. It is the humanitarian aid delivered to those persons who declare having been internally displaced and who find themselves in situations of accentuated vulnerability and who, according to the needs analysis, require such assistance. This aid shall be determined by the State Secretariat in the Office of Human Rights, through the Directorate for the Protection of Internally Displaced Persons by Violence; and by the Municipal Units for Care and Protection of Internally Displaced Persons in coordination with organs and institutions part of the National System for Response to Internally Forced Displacement (SINARDEFI). This shall be delivered for a period of three (3) months. After three (3) months have elapsed, if the beneficiary persons still do not have the necessary elements for their minimum subsistence, provided by their own means or by the measures established by the State, this may be extended for three (3) more months. Civil society organizations and international agencies shall collaborate closely with the State in the provision of humanitarian assistance, especially when State capacities are not sufficient for comprehensive care of national demand.

EMERGENCY HEALTH CARE. Public or private hospital institutions in the national territory that provide health services have the obligation to provide emergency care immediately to victims who require it, regardless of the socioeconomic capacity of those demanding these services and without requiring any prior condition for their admission, when they require it due to having suffered damage to their personal integrity as a consequence of facts that occurred due to coercion to abandon their residence or during displacement.

HUMANITARIAN ASSISTANCE IN COLLECTIVE DISPLACEMENTS. The municipalities, in coordination with the State Secretariat of the Office of Risk and National Contingencies Management (COPECO), shall be responsible for providing the humanitarian assistance referred to in this Law in cases of collective displacements, and for such purpose must install shelters or temporary camps in dignified and safe conditions, and support the regulations relating to emergencies and attention to collective cases. For this purpose, it must coordinate with the Directorate for the Protection of Persons Internally Displaced by Violence. The authorities shall adopt measures to guarantee the availability of a sufficient and permanent supply of water of adequate quality, sanitation conditions and basic hygiene facilities. These must be accessible to all persons in conditions of safety and considering the particular needs of gender, age and diversity.

PROTECTION. Protection is understood as the set of activities aimed at preventing and ending violations of human rights and safeguarding them, guaranteeing access to justice, and promoting an environment of respect for these.

PROTECTION OF FAMILY UNITS. Every person has the right to form a family and to have their family life respected. For this purpose, everything possible must be done to avoid their separation and, in the event that it occurs as a result of forced displacement, the prompt location and reunification of family members must be guaranteed. The Directorate of Childhood, Adolescence and Family (DINAF) in coordination with the Directorate for the Protection of Persons Internally Displaced by Violence and other entities of the National Response System to Internally Forced Displacement (SINARDEFI), shall have the responsibility to adopt the following measures:

• 1)

  Prevent cases of family separation as a consequence of forced displacement;

• 2)

  Enable the prompt location and reunification of relatives separated by displacement;

• 3)

  Provide information on relevant procedures for family location and reunification;

• 4)

  Provide accompaniment, protection and assistance to persons separated from their families, as well as to the families that provide them support and care, particularly when it involves children and adolescents. Alternative care measures must be provided for children who cannot be reunified with their families, guaranteeing their protection against any form of violence, mistreatment, abandonment or abuse;

• 5)

  Provide attention, in particular, to families headed by a single person, or that are composed of children, adolescents, women, older adults or persons with disabilities; and,

• 6)

  The competent authorities shall endeavor to ascertain the fate and whereabouts of disappeared internally displaced persons and shall cooperate with competent international organizations dedicated to this work. They shall inform the closest relatives of the progress of the investigation and notify them of the results.

PROTECTION OF THE RIGHT TO EDUCATION. The State Secretariat of the Office of Education in coordination with the Directorate for the Protection of Persons Internally Displaced by Violence and other entities of the National Response System to Internally Forced Displacement (SINARDEFI), shall establish measures to:

• 1)

  Review and modify internal regulations and procedures to guarantee that these are sensitive to situations of conflict and violence within educational centers;

• 2)

  Adopt the necessary measures so that public educational centers constitute spaces of protection free of violence, and are safe for students and educators;

• 3)

  Guarantee priority access at any time of year of children, adolescents, young people and forcibly displaced adults whose academic year has been interrupted as a consequence of displacement;

• 4)

  Ensure the free and expeditious issuance of documents and certificates that accredit the school level of forcibly displaced persons, so that they may transfer to another educational center inside or outside the country;

• 5)

  Maintain a confidential record of cases of students and teachers forcibly displaced;

• 6)

  For cases in which children, adolescents, young people and adults who are outside the educational system due to forced displacement, without the possibility of resuming their educational projects, shall ensure that they are incorporated into special programs that allow them to be reintegrated into the educational system. For this purpose, a special program of reintegration to the educational system must be created for children, adolescents, young people and adults forcibly displaced, which must be designed within a period of twelve (12) months, counted from the entry into force of this Law; and,

• 7)

  Ensure that educators at public educational centers, at risk of displacement or in a situation of displacement, do not lose their employment as a consequence of threats and/or risk. For this purpose, a special protection protocol for educators at risk must be developed, where immediacy and protection of educators' rights prevails. When the reintegration of displaced children and young people to the formal educational system is not possible, the National Institute of Professional Training (INFOP) shall facilitate its programmatic offering to them on a voluntary basis. Furthermore, it shall manage support with civil society organizations and international bodies to facilitate their inclusion in non-formal training programs.

PROTECTION OF THE RIGHT TO IDENTITY. The National Registry of Persons (RNP), the National Migration Institute (INM) and the Honduran Institute of Social Security (IHSS) shall provide forcibly displaced persons with identification documentation when these have been lost or destroyed as a consequence of forced displacement. Identification documents must be issued in a safe, expeditious and free manner. In cases where forcibly displaced persons are identified without any civil registry or with the urgent need for death certificates or other documents, the National Registry of Persons (RNP), upon prior certification issued by the State Secretariat of the Office of Human Rights, must give priority attention, adapting the requirements and procedures when necessary to guarantee that these do not go to the detriment of the protection of the human right to life and personal integrity.

PROTECTION AGAINST SEXUAL AND GENDER VIOLENCE. Forcibly displaced persons, particularly women, girls, boys and LGBTI persons shall be protected against harassment, rape, mutilation, torture, forced prostitution, sexual exploitation or any other form of gender violence. These shall have access to emergency medical and psychosocial assistance for as long as they require it, through state services, civil society organizations or existing international bodies. The organs and institutions that comprise the National Response System to Internally Forced Displacement (SINARDEFI), particularly the State Secretariat of the Office of Health, the State Secretariat of the Office of Security and the State Secretariat of the Office of Women's Affairs (SEMUJER), must incorporate and adapt their programs, policies, plans, budgets, protocols and internal regulations that they have, as well as those that arise from this Law, to prevent, eliminate and address the impact of gender violence towards women, girls, and LGBTI persons in all stages of displacement.

PROTECTION OF PROPERTY AND POSSESSIONS. Forcibly displaced persons shall have the right to State protection against arbitrary deprivation, appropriation, occupation or destruction of their properties and/or possessions, whether individual or collective.

LEGAL AND MATERIAL PROTECTION OF ASSETS AND REGISTRATION OF ABANDONED AND DISPOSSESSED ASSETS. The Registry of Abandoned Assets (RBA) is hereby created, where assets that have been abandoned by forcibly displaced persons and assets dispossessed from persons within any of the victimizing circumstance set forth in this Law shall be registered. The administration, management and operation of the Registry of Abandoned Assets (RBA) shall be in charge of the Institute of Property (IP). For the Institute of Property (IP) to proceed with the registration of abandoned or dispossessed assets, the State Secretariat of the Office of Human Rights through the Directorate for the Protection of Persons Internally Displaced by Violence, must:

• 1)

  Receive and process requests for protection of abandoned or dispossessed assets made by forcibly displaced persons, once they have been recognized as such;

• 2)

  Request the municipalities where the assets subject to protection are located to carry out the necessary measures for their material protection. In these cases, the municipalities must coordinate with the National Police, National Defense or other mechanisms that are created for the material protection of assets;

• 3)

  Verify the aspects presented by forcibly displaced persons with respect to the ownership, possession and/or tenancy of the asset. For this purpose, it must make use of institutional information sources, such as municipalities and the Institute of Property (IP), as well as any types of documents presented by the requesting person, including witnesses;

• 4)

  Verify the state and physical condition of the asset, through the aid of the municipalities where the assets subject to protection are located;

• 5)

  In case the ownership of forcibly displaced persons over the assets subject to protection of registrable nature cannot be determined, the State Secretariat of the Office of Human Rights must maintain its own registry of such assets in the Unique Registry of Forcibly Displaced Persons (RUPDEF), and request the Institute of Property to register them in the Registry of Claims they maintain; and, 6) In case it is verified that the ownership of the assets subject to protection of registrable nature belongs effectively to the forcibly displaced person, issue a Resolution of Abandoned Asset, and request the Institute of Property (IP) to register it. Scope of the Registry of Abandoned and Dispossessed Assets:

  • 1)

    Prohibition of execution of acts and contracts on the abandoned asset, while the willingness of the person holding title to the asset is not established;

  • 2)

    Exemption from payment of the Real Estate Tax by the municipality where the abandoned asset is located. This measure must be maintained until forcibly displaced persons can exercise actions of ownership without risk; and,

  • 3)

    The institutions or companies, public, private or mixed, that provide water, sanitation and electrical energy services must interrupt their services and avoid the consequent generation of costs. Such circumstance must be maintained until new communication from the State Secretariat of the Office of Human Rights to suspend or modify the measure. The Institute of Property (IP), the municipalities, the National Police, National Defense and other service-providing entities, must without delay attend to requests for information, assistance and cooperation made by the State Secretariat of the Office of Human Rights regarding legal and material protection of assets of forcibly displaced persons.

EXTENSION OF TIME PERIODS FOR CREDITS. When as a consequence of forced displacement the persons referred to in this Law have lost their means of livelihood and maintain a credit on their assets, the creditor entities must grant an extension of up to twelve (12) months for the payment of their obligations, time that shall be added to the remaining months of the credit, without any increase or surcharge of any type of interest for default. To comply with this Article, it shall be sufficient to present the certification issued by the State Secretariat of the Office of Human Rights regarding the lack of means of livelihood of the forcibly displaced person. This Certificate shall be issued only once, and may be directed to all creditor entities to which the displaced person maintains a pending obligation at the time of requesting attention and protection. The certificate must also be directed to the Credit Information Center of the National Banking and Insurance Commission (CNBS) and to other public and private risk centers. Creditor entities and public and private risk centers must, without delay, carry out the corresponding administrative and operational actions. The Regulations of this Law shall establish the requirements and process to be followed for granting the extension.

ACCESS TO JUSTICE, GUIDANCE AND LEGAL ASSISTANCE. The Judicial Branch, through Public Defense, as well as the Municipal Units for the Attention and Protection of Forcibly Displaced Persons and the National Human Rights Commissioner (CONADEH), must have permanent and specialized teams to accompany and advise the displaced population, and provide legal assistance and guidance free of charge. They may sign agreements with Law Schools, university legal clinics and other organizations that serve forcibly displaced persons. The Supreme Court of Justice (CSJ), appellate courts and special tribunals, as well as the courts, that hear matters related to forcibly displaced persons, particularly children, indigenous peoples and Afro-Honduran peoples, must hear matters preferentially and without delay, and must ensure the protection and guarantee of the right to life and personal integrity involved therein, as well as the best interest of the child.

RIGHT TO WORK. Persons who as a consequence of forced displacement have had to be absent from their work and have not been able to submit the corresponding legal notices, resulting in the immediate loss thereof, shall not lose thereby all the labor rights to which they may be entitled. The procedure that must be observed to guarantee this right shall be defined in the Regulations of this Law, which must be approved by the Supreme Court of Justice (CSJ), in coordination with the State Secretariat of the Office of Work and Social Security.

OBLIGATION OF COOPERATION BY STATE BODIES AND ENTITIES. The three (3) Powers of the State and other institutions of a private or mixed nature, are obligated to assist with preferential and urgent character the institutions that comprise the National Response System to Internally Forced Displacement (SINARDEFI) in order to comply with this Law.

REGISTRIES. The National Institute of Statistics (INE) together with the State Secretariat of the Office of Human Rights must annually generate information through administrative records and statistics on the situation of vulnerability of persons and households displaced by this Law, as well as the guarantee of their fundamental rights. This for the purpose of:

• 1)

  Monitor the implementation of this Law with data from displaced persons and households;

• 2)

  Identify the rural and/or urban areas with the highest incidence of internal displacement, so that with this information, the State Secretariat of the Office of Security, take the pertinent measures; and,

• 3)

  Analyze and generate inputs for the design and implementation of evidence-based public policies on the situation of risks and impacts on rights of the displaced population or at risk of displacement.

REQUEST FOR ATTENTION AND PROTECTION. The request for attention and protection referred to in this Law must be made provided that the victimizing fact that caused the forced displacement occurred within the twelve (12) months prior to it. This may be made after twelve (12) months provided that there continues to exist an imminent risk to the life, liberty and personal integrity of the applicant or members of their family unit, which shall be determined by the State Secretariat of the Office of Human Rights through the Directorate for the Protection of Persons Internally Displaced by Violence.

SUBMISSION OF THE REQUEST. The request for attention and protection may be submitted by the person or group of displaced persons directly; and in their representation, humanitarian agents duly established in the country and civil society organizations.

IDENTIFICATION OF CASES AND REFERRAL OF THE REQUEST. Through the case identification guidelines designed by the Inter-institutional Commission for the Protection of Internally Displaced Persons by Force (CIPPDEF); the National Police, the National Commissioner of Human Rights (CONADEH), the Secretariat of State in the Ministry of Foreign Affairs and International Cooperation, the Presidential Program Ciudad Mujer, and other State institutions; as well as civil society organizations and humanitarian agents operating in the country, shall identify cases of internally displaced persons by force, which shall be referred to the Directorate for the Protection of Persons Internally Displaced by Violence. The Municipal Units for the Care and Protection of Internally Displaced Persons by Force (UMAPPDEF) shall provide emergency humanitarian assistance to cases they directly identify, and shall inform the Directorate for the Protection of Persons Internally Displaced by Violence thereof within a period not exceeding seventy-two (72) hours, to coordinate the other actions referred to in this Law. The procedure to be followed in these cases shall be established in its Regulation.

MUNICIPALITIES WITHOUT MUNICIPAL UNITS FOR THE CARE AND PROTECTION OF INTERNALLY DISPLACED PERSONS BY FORCE (UMAPPDEF). In municipalities that do not have a Municipal Unit for the Care and Protection of Internally Displaced Persons by Force (UMAPPDEF), the municipality where the applicant person is located shall have the responsibility of providing aid and humanitarian assistance during the first seventy-two (72) hours. The foregoing is without prejudice to referring the case to the Directorate for the Protection of Persons Internally Displaced by Violence, within a period not exceeding forty-eight (48) hours so that it may continue with the procedure established in this Law.

ANALYSIS AND ADMISSIBILITY OF THE REQUEST. Once the request for care and protection is referred, the Directorate for the Protection of Persons Internally Displaced by Violence shall:

• 1)

  Analyze and determine whether the applicant person is or is not subject to protection under this Law;

• 2)

  In case the request is admitted, it shall determine the type of procedure to be applied, whether ordinary or extraordinary;

• 3)

  Evaluate the needs for humanitarian assistance and protection of the applicant person;

• 4)

  Issue humanitarian assistance measures, to be implemented within a period not exceeding seventy-two (72) hours as determined by the needs analysis;

• 5)

  Issue protection measures, for the institutions that make up the National Response System for Internal Forced Displacement (SINADERFI) to proceed with their immediate implementation;

• 6)

  When needs in matters of education, health, and documentation are identified, immediate access to these rights shall be guaranteed with the competent institutions;

• 7)

  When appropriate, refer cases to the corresponding Municipal Units for the Care and Protection of Internally Displaced Persons by Force (UMAPPDEF), so that they provide humanitarian assistance;

• 8)

  When appropriate, refer requests for legal protection and material property protection to the Office of the Attorney General of the Republic (PGR); and,

• 9)

  Manage and promote durable solutions.

EXTRAORDINARY PROCEDURE. An extraordinary risk is considered to be one that no person has a legal duty to bear and that occurs when there is an extreme risk that threatens the life, integrity, and personal freedom of an individual, family, or group of persons. The State shall adopt special protection measures, provided that the following requirements are met:

• 1)

  That the person, family, or group of persons is specific and identifiable;

• 2)

  That the risk is concrete, founded on particular and manifest actions or facts and not on indeterminate suppositions;

• 3)

  That it threatens to harm legally protected goods, such as life, freedom, and personal integrity;

• 4)

  That it is exceptional and disproportionate in that it should not be borne by the general population; and,

• 5)

  That the existence of threats or aggressions can materialize within the following seventy-two (72) hours of presentation of the request. These circumstances shall be deemed fulfilled when a member of the family nucleus of the applicant person has directly suffered a victimizing event against their life and/or personal integrity.

EXTRAORDINARY MEASURES. If the extraordinary procedure is applied, the Directorate for the Protection of Persons Internally Displaced by Violence shall concert the urgent protection measure with the applicant person within a period not exceeding forty-eight (48) hours after their admission. Informed consent may be given in person, by telephone, or through any other communication channel; and may be given by the spouse, household partner, daughters or sons, or any relative within the fourth degree of consanguinity and second degree of affinity. The Directorate for the Protection of Persons Internally Displaced by Violence shall leave written record of acceptance of the accepted measures, or rejection, as the case may be. The implementation of the agreed protection measures shall be carried out within a period not exceeding eight (8) hours. The Regulation of this Law shall define the process and the institutions involved in these cases. The Secretariat of State in the Ministry of Security is obligated to provide security measures, if required and accepted by the applicant person.

VALIDITY FOR EXTRAORDINARY PROTECTION MEASURES. The extraordinary protection measures shall remain in force until the Directorate for the Protection of Persons Internally Displaced by Violence conducts a new needs evaluation within the two (2) weeks following the adoption of the measure.

ORDINARY PROCEDURE. This shall be applicable in all those cases where the circumstances referred to in Article 64 of this Law are not met.

ORDINARY MEASURES. If the ordinary procedure is applied, the case evaluation shall be conducted within a period not exceeding ten (10) business days. Applicant persons shall provide all available documentation and information, as well as any that may be requested of them. In no case shall the burden of proof be transferred to the applicant person. The Regulation of this Law shall define the process and the institutions involved in these cases. The Directorate for the Protection of Persons Internally Displaced by Violence shall concert the protection measure with the applicant person. Informed consent shall be given as established in Article 65 of this Law. The implementation of the agreed protection measures shall be carried out within a period not exceeding forty-eight (48) hours.

VALIDITY FOR ORDINARY PROTECTION MEASURES. The ordinary protection measures shall remain in force until the Directorate for the Protection of Persons Internally Displaced by Violence conducts a new needs evaluation one (1) month after the adoption of the measure and determines their continuation and/or modification.

FRAUDULENT REQUESTS. In the event it is proven that the beneficiary person, through deceptive or fraudulent means, simulated a situation of risk or internal forced displacement, for the purpose of accessing the assistance and protection mechanisms referred to in this Law, the measures that were granted to them shall be revoked, and the restitution of resources that were delivered for this purpose shall be ordered, without prejudice to criminal or administrative actions.

REGARDING THE DECISIONS OF THE SECRETARIAT OF STATE IN THE MINISTRY OF HUMAN RIGHTS, THROUGH THE DIRECTORATE FOR THE PROTECTION OF PERSONS INTERNALLY DISPLACED BY VIOLENCE. Any applicant or beneficiary person who disagrees with the decisions issued by the Directorate for the Protection of Persons Internally Displaced by Violence and the Municipal Units for Care and Protection of Internally Displaced Persons by Force (UMAPPDEF), has the right to challenge the decision before the superior hierarchical body in accordance with the Administrative Procedure Law. Challenges shall be filed within a period not exceeding five (5) business days after being notified of the resolution, and these shall be resolved in a preferential and urgent manner, giving effect to the pro persona principle, within a period of twenty-four (24) hours.

LIABILITY OF PUBLIC SERVANTS. Public servants who, through actions or omissions, deny or obstruct compliance with the measures referred to in this Law to protect the human rights of internally displaced persons by force, incur the crime of violation of the duties of public officials, and other crimes that may be applicable in each case, proceedings that must be initiated ex officio by the Public Ministry, without prejudice to the civil and administrative liabilities that correspond.

DURABLE SOLUTIONS AND OVERCOMING THE SITUATION OF DISPLACEMENT. A durable solution is achieved when internally displaced persons by force, through their own means or through measures established by the State, manage to satisfy their needs for assistance and protection linked to displacement, when they can enjoy their human rights without discrimination on account of displacement, and when they advance in a sustained process of return to their place of origin, local reintegration in areas where they have sought refuge, or resettlement in another part of the country.

RIGHT TO ACHIEVE A DURABLE SOLUTION. All internally displaced persons by force have the right to achieve a solution in a safe, dignified, informed, and voluntary manner. They also have the right to participate in the planning and management of programs and strategies that concern them. Internally displaced persons by force have the responsibility to cooperate with the State in the search for durable solutions.

RETURN, RELOCATION. The entities that make up the National Response System for Internal Forced Displacement (SINADERFI) shall establish the conditions and provide the means that allow internally displaced persons by force to advance progressively toward a solution through return to their place of origin, reintegration in the place of arrival, or resettlement in another part of the country, under conditions of voluntariness, enjoying the same rights as the rest of the population and without being a victim of any inequality based on the fact of having been an internally displaced person by force. Internally displaced persons by force shall not be encouraged or obligated under any circumstance to return to their place of origin or to relocate in other areas where their life, freedom, security, or health are at risk. The institutions that make up the National Response System for Internal Forced Displacement (SINADERFI) shall provide legal guidance for access to reparation mechanisms by those responsible for the internal forced displacement, and for recovery of their assets.

ACCESS TO PROGRAMS OF ECONOMIC AND SOCIAL INTEGRATION. The National System for Response to Forced Internal Displacement (SINARDEFI) shall facilitate the achievement of solutions through the following measures:

• 1)

  Prioritization of the inclusion of forcibly displaced persons in the State's social protection programs and credit systems;

• 2)

  Through a psychosocial process, the return, reintegration, or resettlement of forcibly displaced persons shall be planned, monitored, and accompanied when the necessary conditions of security are present;

• 3)

  Development of awareness-raising processes to reduce stigma and discrimination toward forcibly displaced persons;

• 4)

  Creation of mechanisms for social integration through the establishment of dialogue spaces among affected communities;

• 5)

  Guidance programs for access to employment and income generation;

• 6)

  Access to professional training programs;

• 7)

  Development of special mechanisms for this purpose; and,

• 8)

  Others that the Regulation of this Law may specify.

BUDGET OF THE NATIONAL SYSTEM FOR RESPONSE TO INTERNAL FORCED DISPLACEMENT (SINARDEFI). The State shall allocate adequate financial resources for the functioning and performance of the organs that comprise the System at the national and local levels. For the effective compliance of this Law, the Ministry of State in the Office of Finance is ordered to allocate sufficient and necessary financial resources from the General Budget of Income and Expenses of the Republic. Likewise, it must allocate complementary budgetary items. The financing for the organs of the National System for Response to Internal Forced Displacement (SINARDEFI) is constituted by the following resources and assets:

• 1)

  Contributions, funds, trusts, and subsidies from institutions;

• 2)

  Donations, inheritances, and bequests, as well as national and international cooperation of lawful origin, from natural or legal persons, public or private, of which an account shall be given through a special report in accordance with the norms and procedures regulated by the Supreme Audit Court (TSC), and the organ or person providing the cooperation; and,

• 3)

  Those granted by special laws and others obtained in any manner.

REGULATION. Within six (6) months from the entry into force of this Law, the Ministry of State in the Office of the President together with the Ministry of State in the Office of Human Rights, being able to be supported by international organizations in an advisory capacity, as well as other actors that are invited, shall proceed to draft and issue the Regulation of this Law, and the protocols for the functioning of the units of the Directorate for the Protection of Persons Displaced Internally by Violence.

CALL FOR THE ELECTION OF THE MEMBERS OF THE INTER-INSTITUTIONAL COMMISSION FOR THE PROTECTION OF FORCIBLY DISPLACED PERSONS AND THE NATIONAL SYSTEM FOR RESPONSE TO FORCED DISPLACEMENT. The Ministry of State in the Offices of Interior, Justice and Decentralization, within twenty (20) days counted from the publication of this Law in the Official Gazette "La Gaceta", shall convene the civil society organizations that make up the Inter-Institutional Commission for the Protection of Forcibly Displaced Persons (SINARDEFI) in order to hold a General Assembly where the election of their respective principal representatives and their alternates shall take place.

DEADLINE FOR CREDITOR ENTITIES AND RISK BUREAUS. Public and private Creditor Entities and Risk Bureaus are granted a period of no more than six (6) calendar months, counted from the publication of this Law in the Official Gazette "La Gaceta", to make operational and administrative adjustments to their systems, in order to comply with Article 54 of this Law.

EXEMPTIONS. Persons covered by this Law are exempted from payment of the municipal Real Property Tax while their displacement situation persists and they cannot exercise ownership rights over their property without risk, provided that such property is registered in the Registry of Abandoned and Dispossessed Property. Likewise, exemption is granted from the payment of fees, tariffs, and costs as payment for the issuance of administrative acts related to personal identification documents referred to in this Law, to forcibly displaced persons as established by Article 50. The Regulation that is issued shall detail the procedure to be followed for each case.

EFFECTIVE DATE. 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 twenty-first day of the month of December of two thousand twenty-two. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Let it be executed. Tegucigalpa, M.D.C., December 30, 2022. IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE MINISTRY OF STATE IN THE OFFICE OF HUMAN RIGHTS MELINA NATALIE ROQUE SANDOVAL