Gradual restriction of constitutional guarantees in Honduras due to COVID-19.

On May 17, 2020, an executive decree issued by the President of the Republic in the Council of Ministers approved the restriction of constitutional guarantees for the period from May 18 to May 24 of the current year. The restrictions are about the guarantees that are framed in the articles: 69 (personal freedom), 78 (freedom of association and assembly), 81 (freedom of movement), 84 (No one may be arrested or detained except by mandate from competent authority), 99 (the domicile is inviolabe) and 103 (private property).

Two categories are listed for exceptions to the restrictions:

1. State Exceptions
2. Exceptions to private items to work and develop their activities

A. State Exceptions

The following are established as exceptions of the State:

• The Magistrates of the Supreme Court of Justice and the officials and employees of the Judicial Power authorized by the President of the Supreme Court of Justice
• The Congressmen
• The Secretaries and Undersecretaries of State
• The Attorney General of the Republic, the Deputy Attorney General and the officials and employees of the Public Ministry, authorized by the Attorney General of the Republic;
• All members and employees of the institutions incorporated into the National Risk Management System (SINAGER);
• The Permanent Contingency Commission (COPECO);
• The officials and employees of the Secretary of State in the Health Office and the personnel incorporated to attend the emergency;
• Officials and employees of the Secretary of State in the Security Office and the Honduran National Police;
• Officials and employees of the Secretary of State in the Defense Office and the Honduran Armed Forces;
• Officials and employees of the Secretary of State in the Finance Office (SEFIN);
• Officials and employees of the Secretary of State in the Economic Development Office;
• Officials and employees of the Secretary of State in the Offices of Agriculture and Livestock (SAG);
• Officials and employees of the Secretary of State in the Development and Social Inclusion Offices;
• Holders of the Decentralized Institutions of the Public Administration; etc.

The employees or officials mentioned in this section will be authorized to telework using the electronic means that they have determined. In turn, they will be able to attend to citizens as long as the procedures to be carried out are necessary for the operation of the essential activities of Honduran society and with the understanding that pertinent biosafety protocols should be adopted in order to avoid the spread of the COVID-19 pandemic.

B. Private items specially authorized to work and carry out their activities

The following are excepted from the restrictions of the constitutional guarantees mentioned:

• Hospitals, health care centers, medical laboratories and pharmacies;
• The entire chain of food production, industrialization, transportation, distribution and marketing;
• The maquila industry for the manufacture of masks and biomedical equipment required to attend the emergency;
• Agro-food sector to guarantee the production and distribution of food;
• Institutions of the Financial System, such as Banks and Savings and Credit Cooperatives;
• Gas Stations;
• Supermarkets, markets, grocery stores;
• Public transport for health reasons and that contracted by companies within these exceptions to mobilize their workers;
• Telecommunications, internet providers and the media including radio, television, newspapers and cable companies;
• The personnel that attend the power generation plants of the private sector, the Operator of the National Electric System (ODS) and the Network Owner Company (EPR) to attend the electric interconnection line;
• The air, sea and land cargo industry of import, export, supplies and ports;
• Security and securities transport companies;
• Hotels and restaurants duly authorized to operate, especially to serve SINAGER members and other institutions that are on the front line of the fight against the COVID-19 Pandemic;
• The construction of public works and housing;
• Garbage truck; and,
• Others authorized by the National Risk Management System (SINAGER).

On the other hand, a multisectoral instance is created with the participation of institutions of the government of the republic and of Honduran society in order to propose efficient management of the pandemic and an intelligent opening of the different sectors of Honduran society such as: economic, religious, educational and others in the different regions or departments of the country.

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