Regulations of the National Commission on Social Security and Health

Nature. The National Council for Interior Security (CONASIN), originally created by Legislative Decree No. 156-98 and modified by Decree No. 67-2008, is a body with jurisdiction at the national level and domiciled in the capital of the Republic, which may temporarily relocate to any other place in the national territory, when so determined by the Council itself.

Composition. The National Council for Interior Security (CONASIN) is a collegial body, composed of twelve members integrated in the following manner:

• 1)

  The Secretary of State in the Office of Security, who shall preside over it;

• 2)

  The Secretary of State in the Offices of Human Rights, Justice, Governance and Decentralization;

• 3)

  The Attorney General of the Republic;

• 4)

  The President of the Supreme Court of Justice or their representative;

• 5)

  The National Commissioner of Human Rights or their representative;

• 6)

  A Representative of the Honduran Council of Private Enterprise (COHEP);

• 7)

  A Representative of the Labor Unions, appointed by common agreement of said organizations;

• 8)

  A Representative of the Peasant Unions, appointed by common agreement of said organizations;

• 9)

  A Representative of women's organizations, appointed by common agreement of all female organizations in Honduras;

• 10)

  A Representative of the Association of Municipalities of Honduras (AMHON);

• 11)

  A Representative of Human Rights organizations, appointed by common agreement of all organizations that comprise it; and,

• 12)

  A Representative of municipal citizen security committees or organizations, elected in accordance with its Regulations. Each of the Council members shall have their respective alternate, who must meet the same requirements as the principal member. The Secretary of State in the Office of Security shall send an official note to the institutions represented on the Council so that within fifteen (15) calendar days the respective appointment proposals are made. In case no proposals are presented within the established term, the respective institution shall lose the right to its representation in that period. Thirty (30) days before any of those mentioned in the preceding paragraph vacates their position, the President of the National Council for Interior Security (CONASIN) shall request the respective organization to propose the new representative. If no appointment proposal is presented by any institution, the absence of the representative shall not affect quorum or the adoption of decisions.

Requirements to be a member. To be a principal or alternate member of the National Council for Interior Security (CONASIN) the following are required:

• 1)

  Be Honduran by birth;

• 2)

  Be a citizen in the exercise of their rights; and,

• 3)

  Be of recognized professional suitability. Principal and alternate representatives to the National Council for Interior Security (CONASIN) shall accredit their representation through participatory agreement of the sector they represent, or appointment by delegation of the representation they hold; an extreme that shall be recorded through an official note addressed to the Secretary of State in the Offices of Security. Said Secretary, through the Secretary of Records of the National Council for Interior Security (CONASIN), shall process the accreditation, prior to the Secretary of State in the Office of Security conducting suitability investigations for this position, through an exhaustive investigation of links to acts of corruption, organized crime, conflict of interest with matters of public security, human rights violations, and other ineligibilities to be a member. Within a period not exceeding fifteen (15) calendar days, notification shall be given to the institution or representative sector of acceptance to the National Council for Interior Security (CONASIN). Once the representatives to the National Council for Interior Security (CONASIN) are accepted, all principal and alternate members shall be sworn in, and subsequently identified through an identification card that accredits their participation as part of the National Council for Interior Security (CONASIN). Immediate communication shall be sent to the General Director, Inspector General, National Directors and other police authorities, for the due collaboration with the members of the National Council for Interior Security (CONASIN), fully identified through the respective accreditation.

Duration of Representation. The duration of principal and alternate representation shall be for two (2) years; other representatives shall comply with what is established for their respective positions. The performance of their functions shall be ad honorem.

Substitution of Representative. The substitution of organizational, sectorial, or institutional representation shall be carried out in the manner established in Article 3 of this regulation.

Powers. The National Council for Interior Security (CONASIN) has the following powers:

• 1)

  Advise on national security matters to the Secretary of State in the Office of Security;

• 2)

  Consider security matters submitted for its consideration by the Secretary of State in the Office of Security;

• 3)

  Coordinate civil society activities in security matters and submit them timely to the approval of the Secretary of State in the Office of Security;

• 4)

  Formulate recommendations to strengthen and support the Police Educational System at all levels;

• 5)

  Present initiatives to guarantee citizen participation in activities proper to the National Police;

• 6)

  Supervise the selection process of the General Director of the National Police, the National Directors of the National Police and the Inspector General, as well as issue its recommendations to the Secretary of State in the Office of Security;

• 7)

  Urge investigations of complaints regarding improper conduct of the heads of bodies and personnel of the Police Career;

• 8)

  Propose and promote public policies and strategies for citizen participation in security matters;

• 9)

  Carry out civil society cooperation efforts in support of the National Police;

• 10)

  Submit quarterly reports of its management, which shall be presented to the general population, and extraordinarily when agreed by the Council itself in light of national interest;

• 11)

  Issue Internal Regulations for its organization and operation;

• 12)

  Immediately transfer to the Office of Investigation and Evaluation of the Police Career, Inspector General of the National Police and the Public Ministry, any complaint received or criminal fact of which it has knowledge attributed to members of the Police Career;

• 13)

  Contribute to the formulation of public security policies;

• 14)

  Channel civil society participation in such policies;

• 15)

  Appoint the Secretary of the National Council for Interior Security (CONASIN), from among its own principal members;

• 16)

  Appoint the commissions that may be necessary, integrated by the members that comprise it and the necessary technical professionals to resolve specialized matters assigned to them; and,

• 17)

  Other powers legally conferred upon it. The powers referred to in this article do not authorize either the National Council for Interior Security (CONASIN) or its members to intervene in police investigations.

Activities of the members. The National Council for Interior Security (CONASIN), in the performance of its powers, shall conduct the following activities:

• A)

  As Advisory Body to the Secretary of Security:

  • 1)

    It shall be informed of the programs or projects that said Secretary develops or intends to develop;

  • 2)

    It shall know and recommend on the regulations and organic and operational manuals of the National Police;

  • 3)

    It may recommend, through the Secretary of State in the Office of Security, the creation of special police units and shall formulate the pertinent recommendations;

  • 4)

    It may invite to appear at its sessions any public official or private individuals to obtain opinions of interest to the Council;

  • 5)

    Know the security matters submitted for its consideration;

  • 6)

    Supervise the selection and evaluation process for the appointment of the General Directorate, the Inspector General of the National Police and the National Directorates;

  • 7)

    It shall immediately transfer to the Office of Investigation and Evaluation of the Police Career, Inspector General of the National Police and the Public Ministry, any complaint received or criminal fact of which it has knowledge attributed to members of the Police Career;

  • 8)

    Request quarterly reports of the actions of the Office of Investigation and Evaluation of the Police Career.

• B)

  As a formulator of Public Security Policies:

  • 1)

    It shall make recommendations to strengthen and support the police education system at all levels; to that end it shall know the manuals, regulations and other academic instruction materials for students in police matters and those used in the training of basic rank;

  • 2)

    It shall request from the competent authority access to its facilities and documents related to matters under its knowledge, as well as to provide support for requests or complaints submitted by the citizenry in general. 3. It shall hold periodic meetings with public authorities and civil society operating in security matters to unify criteria, strategies and methodologies; 4. Promote public policies and strategies for citizen participation in security matters;

• C)

  As a channeler of concerns and participation of civil society in aspects of Public Security:

  • 1)

    It shall establish strategic alliances with other institutions and civil society organizations to disseminate recommendations on criminality and violence at the national, regional or local level;

  • 2)

    It shall transfer investigations of citizen complaints to the Office of Investigation and Evaluation of the Police Career, Inspector General of the National Police and the Public Ministry, regarding conduct resulting in misconduct or crimes of members of the police career, auxiliary, operational, administrative staff of the Secretary of Security and those assigned to it; and, 3. It shall request reports from the competent body of the management of investigations conducted on any member of the Police Career, in order to formulate the pertinent recommendations.

Appointment of Commissions. In the performance of the corresponding legal powers, the National Council for Interior Security (CONASIN) may appoint the commissions that may be necessary, integrated by the members that comprise it and the necessary technical professionals to resolve specialized matters assigned to them for their resolution.

Rights of members. The rights of the members of the National Council for Interior Security (CONASIN) are the following:

• 1)

  Participate in meetings with voice and vote;

• 2)

  Transfer of complaints from the sectors they represent;

• 3)

  Propose and incorporate topics to the agenda for the respective debate;

• 4)

  Request that investigations be conducted on certain topics;

• 5)

  Reasoning of votes and leaving record of them;

• 6)

  Receive copies of the respective minutes, where all agreements and resolutions adopted are recorded;

• 7)

  Disseminate the actions carried out before the full plenary of the National Council for Interior Security (CONASIN) with the organizations or institutions they represent, except for complaints or criminal investigation proceedings or matters that require confidentiality; and,

• 8)

  Participate in the activities, workshops, courses promoted by the Secretary of State in the Office of Security.

Duties of members. The duties of the members of CONASIN are:

• 1)

  Attend punctually and regularly the ordinary or extraordinary sessions whenever they are convoked in legal and proper form, and must remain during its development until the session concludes, so that the regular course of work is not interrupted, except for justified cause or reason; If the principal member cannot attend the sessions due to justified cause, they shall be substituted by the alternate or legal substitute duly accredited.

• 2)

  Maintain confidentiality regarding information considered classified or reserved revealed within the National Council for Interior Security (CONASIN);

• 3)

  Contribute to mutual respect and harmonious performance of the members of the Council;

• 4)

  Comply with the tasks or functions assigned in the plenary and any other activity that helps improve the performance of the Council.

Preparation of quarterly reports. The National Council for Interior Security (CONASIN) shall submit quarterly reports of its management, which shall be prepared by an internal commission appointed for that purpose and which shall be presented by the Secretary of State in the Office of Security to the general population in public appearance.

Ineligibilities. A person in any of the following circumstances may not be a member of the National Council for Interior Security (CONASIN):

• 1)

  Having been convicted of any crime or being ineligible to perform their public functions;

• 2)

  Having been benefited by criteria of opportunity or suspension of criminal prosecution;

• 3)

  Having received a warrant for arrest or, having ceased, it was in effect during the year preceding their nomination; and,

• 4)

  Having been sanctioned for a very serious administrative infraction or having received a dishonorable discharge from the Armed Forces or the National Police.

Sessions and convocation. The National Council for Interior Security (CONASIN) shall meet ordinarily at least once a month and on such days as may be necessary for the expeditious handling of matters under its knowledge. Convocations for sessions of the full Council shall be made in writing sent by the President or at the request of seven (7) of its principal members, through the Secretary of Records of the Council, with seven (7) days notice, except in case of urgency qualified by the Presidency, and a record of this fact must be kept, as well as the receipt of such convocations and documentation of the matters to be discussed, when appropriate, attaching the agenda and copies of the documents to be discussed, and convocation may be made through electronic means. Sessions held at the Council's domicile or in regional offices shall be private in character, and shall only be attended by its representatives, except for guests or guests with prior knowledge of the plenary and only for the particular agenda item.

Quorum. The National Council for Interior Security (CONASIN) is composed of twelve (12) members, and quorum shall be understood to be properly constituted with the presence of seven (7) of its members, and its decisions shall be adopted with more than half of the members present in Council session, in case of a tie the President shall have the casting vote.

Order of sessions. The Secretary of Security shall preside over the sessions, which shall proceed in the following order: After verifying quorum, the session shall be declared open and the Secretary shall read the agenda of the day for approval; immediately thereafter the minutes of the previous session shall be read, which shall then be subject to discussion. Before the minutes are approved, any of the members may make observations so that corrections or rectifications may be made if appropriate. Once the minutes are approved, the President shall ask if there are reconsiderations to propose and if there are any and they are admitted, discussion of the matter that motivated them shall proceed anew, until the Council decides on them and in that same act the minutes shall be signed; subsequently, the Secretary of Records shall report on correspondence received and sent, requests submitted and pending matters. In the event that matters submitted for its consideration require prompt execution, they shall be ratified in the same session for their execution and implementation.

Presidency and its Powers. The powers of the President of the National Council of Interior Security CONASIN shall be:

• a)

  To represent the National Council of Interior Security (CONASIN) in matters determined by the plenary thereof;

• b)

  To convene ordinary sessions once a month, and/or in extraordinary form when circumstances warrant; the convocation may also be made at the request of no fewer than seven (7) of its members;

• c)

  To propose the agenda for the session, which shall be included in the convocation;

• d)

  To direct the debates of the Council, establishing the order in which the floor shall be granted during the development of sessions;

• e)

  To authorize with his/her signature and that of the Secretary the certifications of the Council's minutes;

• f)

  To make known to the members of CONASIN the proposals for appointment of Directors and high-ranking officials of the National Police so that they may make suggestions or observations, in order to contribute to selecting the appropriate person for the position;

• g)

  To send communication to the members of the National Council of Interior Security (CONASIN) regarding urgent matters within its competence, being able to send the communication through any means including electronic means, when the circumstances of the moment prevent them from meeting in ordinary or extraordinary session;

• h)

  To send to the President of the Republic, in the month of February of each year, a summary of the statistical data of the work performed during the previous year;

• i)

  To exercise any other power that corresponds to it in accordance with the law. CHAPTER VI OF THE SECRETARIAT

Secretariat of the Council. The Secretariat of the National Council of Interior Security (CONASIN) shall be exercised by one full member and one alternate member, formally elected in the first session, for a term of one (1) year.

Functions of the Secretary. The functions of the Secretary shall be the following:

• a)

  To keep and maintain in good condition the files, books, bundles and other documents of the Council;

• b)

  To keep the minutes of each session, recording the location, quorum, date, agenda, duration, participation and other circumstances occurring during the session;

• c)

  To draft the minutes of the sessions, indicating in clear and precise form what was discussed, agreed upon or resolved and what any of the attending members expressly requested;

• d)

  To issue and sign the certifications of minutes and other resolutions thereof;

• e)

  To deliver to each member of the Council a copy of the minutes of each session held;

• f)

  To compile laws, decrees, regulations, normative reforms and circulars in matters of security that are related to the legal powers of the Council and to make them available to all members of CONASIN;

• g)

  To comply with other obligations as required by law;

• h)

  The alternate member shall exercise the functions of the Secretariat by justified absence or excuse of the principal Secretary.

Assistant of the Secretariat. The Secretariat of the Council may have an executive assistant appointed by it, who shall be subject to public competition, in accordance with the applicable regulations and procedure and shall receive the salary assigned to him/her. The Council shall have the obligation to select and evaluate the professional qualifications for the position.

Responsibility of the Secretariat. The Secretary shall be responsible for the minutes and other documentation of the National Council of Interior Security No. 33,494 (CONASIN) and only he/she may issue and sign statements or certifications regarding the same. Upon concluding his/her tenure, he/she shall make a certified delivery of the documentation under his/her custody; otherwise, the corresponding administrative responsibility shall be charged to him/her.

Absence of the Secretary. When the absence of the Secretary is permanent, a substitute in full capacity must be appointed within the following fifteen (15) days, from among the same full or alternate members. CHAPTER VII OF THE DUTIES OF THE STATE SECRETARY IN THE OFFICE OF SECURITY WITH RESPECT TO THE FUNCTIONING OF CONASIN

Special Budget Line for Operations. The State Secretary in the Office of Security shall include in its budget proposal a special budget line intended for the operating expenses of the National Council of Interior Security (CONASIN). In the month of June of each year the National Council of Interior Security (CONASIN) shall prepare its annual operational plan and include its respective budget.

The office of the Council of Interior Security shall function in the facilities of the State Secretary in the Office of Security, for which it shall allocate resources for the conditioning and equipment for normal functioning and safeguarding of the documentation of this Council.

Assistance to the Council. The State Secretary in the Office of Security shall provide logistical support so that CONASIN can exercise its functions with independence and without difficulties of a material or physical nature.

Compliance with the Council's Decisions. The State Secretary in the Office of Security shall adopt the necessary decisions to carry out the recommendations that CONASIN formulates within the framework of the law, internal administrative development and budgetary limits. CHAPTER VIII FINAL PROVISIONS

Effective Date. This Executive Agreement shall become effective as of the day of its publication in La Gaceta, Official Gazette of the Republic of Honduras. LET IT BE PUBLISHED. ARTURO GERARDO CORRALES ALVAREZ State Secretary in the Office of Security MANUEL DE JESÚS LUNA GUTIÉRREZ General Secretary REPUBLIC OF HONDURAS - TEGUCIGALPA, M.D.C., AUGUST 1, 2014