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Appendix 8 – Decree that creates Truth and Reconciliation Commission

ORIGINAL TEXT IN SPANISH PRESIDENCY OF THE REPUBLIC HONDURAS, C.A.

EXECUTIVE DECREE NUMBER PCM-011-2010 THE CONSTITUTIONAL PRESIDENT OF THE REPUBLIC IN THE COUNCIL OF MINISTERS

CONSIDERING: That Honduras is a sovereign, constitutional state, established as a free, democratic, independent Republic to ensure justice, liberty, culture, and economic and social well-being for its inhabitants; CONSIDERING: That Honduras endorses international legal principles and practices in support of human solidarity, respect for the self-determination of nations, non-intervention, and strengthening universal peace and democracy; CONSIDERING: That in accordance with the provisions of the Tegucigalpa-San José Agreement of October 2009, the principal objective of which is the peace, harmony, and peaceful coexistence of the Honduran people, as well as the full exercise of their democratic freedoms, the President of the Republic of Honduras is fully convinced of the need to clarify the events surrounding the recent political and social crisis in our country, in order to determine the facts needed to prevent such situations from being repeated and to ensure that reconciliation and understanding will prevail amongst the Honduran people. CONSIDERING: That to this end, the Government of Honduras has made the decision to have its current Administration assume responsibility for the organization and implementation of the Truth and Reconciliation Commission, following the recommendation agreed by the negotiators of the parties in said Tegucigalpa-San José Agreement, and on the terms negotiated by the parties in October 2009; CONSIDERING: That with this decision, we understand the mandate received from the people in the ballots they cast in the largest voter turn-out in the democratic history of our country, and with the highest percentage of any recent general elections, as a clear and unequivocal sign from the Honduran people in favor of political and social steps leading to understanding, reconciliation, and peaceful coexistence, and as a rejection of confrontation, divisiveness, extreme positions, and internal fractures that have prevented us from sound democratic development; THEREFORE: The President of the Republic of Honduras in the Council of Ministers, in application of Articles 1, 2, 3, 4, 5, 15, 235, and 245, subparagraphs 1 and 11, of the Constitution of the Republic; Articles 11, 13, 14, and 117, and other applicable provisions of the General Law of the Public Administration; and Clause Six of the Tegucigalpa-San José Agreement for the National Reconciliation and Democratic Strengthening of Honduras.

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DECREES: Article 1. - The Truth and Reconciliation Commission is established as an entity with operational, administrative, technical, and financial independence, for the purpose of clarifying the events that occurred before and after June 28, 2009, in order to identify the acts that led to the crisis situation and to give the Honduran people information that will help them to prevent a situation of this sort from recurring in future. Article 2. - The Truth and Reconciliation Commission shall begin operations with the swearing-in of its members, and shall function for at least eight months. Article 3. - The Commission shall be made up of five (5) commissioners of recognized honorability and impartiality, and shall adopt decisions by a qualified majority of four of its members. Two of its members shall be Honduran nationals, and three shall be invited from other countries. One of the international commissioners shall serve as coordinator of the Commission. The personnel, property, and assets of the Commission shall enjoy the privileges and immunities established in Articles 2, 3, 4, 5 ,7, and 10 of the Agreement on Privileges and Immunities of the Organization of American States (hereinafter the OAS), adopted on May 15, 1949, to which the Republic of Honduras is a party, having deposited its instrument of ratification on August 25, 1964; this shall be formalized by an exchange of notes between the Secretariat of Foreign Affairs of Honduras and the General Secretariat of the Organization of American States. Article 4. - In exercising its independence, the Commission shall issue its rules of procedure, work plan, and guidelines, and shall not be subject to the influence of any governmental or private entity either within or outside Honduras, or to pressure groups or interests of any government, organization, or international institution. Article 5. - The Commission shall have its own capital formed by contributions received from the United Nations Organization and the Organization of American States, and resources provided by other international entities and cooperation agencies directly to a special fund administered by the Commission. Execution of the funds shall be subject to the relevant internal audit and international audit agreed between the commissioners and donors. Article 6. - The Commission shall have unrestricted access to information of centralized, decentralized, and deconcentrated public entities of the Executive Branch, and may request the personal interviews it deems advisable for its functions of clarification. In view of the complementarity of the branches of government, the Commission may request authorities of the Legislative and Judicial Branches to assist it in its work and in fulfilling its functions, and to respond to requests for information from the Commission. Article 7. - The Commission shall have a full-time basic team of technical, secretarial, and logistic support staff with an appropriate level of competence and autonomy, under the responsibility of the Executive Secretary, of Honduran nationality. The Commission shall request the technical and financial support of governments, international agencies, and organizations interested in supporting it. Article 8. - The Commission shall have its headquarters in the capital city of Honduras, and in gathering information, documents, and testimony, it shall move temporarily, either in plenary or as a subcommittee, to places within or outside of the country, as justified and appropriate.

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Article 9. - The coordinator of the Commission shall direct the technical, administrative, and operational team of the Commission and may delegate technical, administrative, and operational responsibilities to the Executive Secretary, as appropriate. Article 10. - The Commission shall have the following functions: 1. 2. 3. Issue its rules of procedure; Prepare and approve its budget of expenditures and income; Contract on an interim, temporary basis, the assistants and secretarial, administrative, service, security, and professional personnel deemed necessary for it to meet its objectives; Contract, acquire, and modify the goods and services needed to manage its financial resources and render its accounts; Establish guidelines to govern the investigative procedures applicable to all political and institutional sectors, civil society, and national and foreign natural persons and legal entities that testify to the facts and circumstances set forth in the final report leading to the reconciliation and understanding of the citizens of Honduras. Through written communiqués and the Internet, ensure the dissemination of the investigative guidelines and the current status of the Commission’s activities, in order to keep the Honduran people and the international community informed. Issue a report that will provide information to the Honduran people so that they can avoid similar crises, and formulate constructive recommendations that will strengthen the country’s institutions and democratic development, as well as the defense and guarantee of human rights. Recommend and suggest methods to follow up on the proposals made to promote reconciliation of the Honduran family. Arrange for financing of its activities by international sources that are interested in promoting reconciliation amongst Hondurans without imposing any conditions. Determine the time frame to be covered by its clarification work in accordance with the tenor of the cited Agreement (before and after June 28, 2009), by identifying earlier acts and events linked to the referenced political crisis, that could have occurred during the term of President Manuel Zelaya’s government, and in the subsequent seven months, from June 28 to the date that President Porfirio Lobo Sosa took office. The commissioners shall define this time frame for clarification, in accordance with their work to reconstruct the elements to be clarified. Organize a file with all of the documents and audio-visual information gathered in the context of its efforts to reconstruct and clarify events, which it shall keep fully confidential throughout the term of its mandate.

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Article 11. - Universities and research centers are urged to support the Commission in its work to reconstruct the acts and events to be clarified. Professors and students of law and journalism in Honduran universities are requested to assist the Truth and Reconciliation Commission in its efforts to find and identify the evidence in support of the information gathered. Article 12. - All of the members of the Commission as well as the administrative and service personnel and independent professionals contracted by it shall be required to observe a commitment of confidentiality and secrecy with regard to the testimony, documents, and any type of information gathered in the performance of their mandate and services. Article 13. - Upon completing its mandate, the Commission shall deliver its report to the Honduran government authorities, and to the Honduran people in general; to this end, it shall propose to the executive authorities a plan for its extensive dissemination by the different media and shall directly assist in implementing it. Article 14. - Upon completing its mandate and after presenting its final report, the Commission shall select and separate those documents and materials that are confidential in nature, which shall be transferred to the international entity that has been determined as the one responsible for guaranteeing their safe-keeping, without revealing their contents for ten years; once this period has ended, these documents shall become part of the archives of the National Library of Honduras. Article 15. - The property and assets of the Commission may be donated by it to the unit to follow up on the recommendations of the Truth and Reconciliation Commission, or else to public universities that have programs to strengthen peace and democracy. Article 16. - This Decree shall take effect on the day it is published in the Official Gazette. Done in the city of Tegucigalpa, Municipality of the Central District, on the thirteenth day of April, two thousand ten. LET IT BE COMMUNICATED AND PUBLISHED

PORFIRIO LOBO SOSA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC

JOSE FRANCISCO ZELAYA STATE SECRETARY FOR GOVERNANCE AND JUSTICE BY LAW

MARIA ANTONIETA GUILLEN VASQUEZ PRESIDENTIAL APPOINTEE IN CHARGE OF THE STATE SECRETARIAT IN THE OFFICE OF THE PRESIDENT

MARIO MIGUEL CANAHUATI CANAHUATI STATE SECRETARY IN THE OFFICE OF FOREIGN AFFAIRS

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WILLIAM CHONG WONG STATE SECRETARY IN THE OFFICE OF FINANCE

OSCAR ARMANDO ESCALANTE AYALA STATE SECRETARY IN THE OFFICE OF INDUSTRY AND COMMERCE

MARLON PASCUA CERRATO STATE SECRETARY IN THE OFFICE OF INDUSTRY OF COMMERCE

OSCAR ARTURO ALVAREZ GUERRERO STATE SECRETARY IN THE SECURITY OFFICE

NELLY KARINA JEREZ CABALLERO STATE SECRETARY IN THE TOURISM OFFICE

FELICITO AVILA ORDOÑEZ STATE SECRETARY IN THE OFFICE OF LABOR AND SOCIAL SECURITY

ARTURO BENDAÑA PINEL STATE SECRETARY IN THE HEALTH OFFICE

JOSE ALEJANDRO VENTURA SORIANO STATE SECRETARY IN THE EDUCATION OFFICE

BERNARD MARTINEZ VALERIO STATE SECRETARY IN THE OFFICE OF CULTURE, ARTS, AND SPORTS

MIGUEL RODRIGO PASTOR MEJIA STATE SECRETARY IN THE OFFICE OF PUBLIC WORKS, TRANSPORTATION, AND HOUSING

JUAN ANGEL ARTICA RIVERA STATE SECRETARY IN THE OFFICE OF AGRICULTURE, BY LAW

MARCO JONATHAN LAINEZ ORDOÑEZ STATE SECRETARY IN THE OFFICE OF NATURAL RESOURCES AND THE ENVIRONMENT, BY LAW

HILDA ROSARIO HERNANDEZ ALVARADO STATE SECRETARY IN THE OFFICE OF SOCIAL DEVELOPMENT

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ROBERTO ORDOÑEZ TECHNICAL SECRETARY FOR EXTERNAL COOPERATION AND PLANNING, BY LAW

CESAR DAVID HAM PEÑA MINISTER, EXECUTIVE DIRECTOR OF THE NATIONAL AGRARIAN INSTITUTE

NASRY JUAN ASFURA MINISTER, DIRECTOR OF THE HONDURAN SOCIAL INVESTMENT FUND

MARIA ANTONIETA BOTTO MINISTER, DIRECTOR OF THE NATIONAL WOMEN’S INSTITUTE

MARIA ELENA ZEPEDA WILLS MINISTER, DIRECTOR OF THE FAMILY ALLOWANCE PROGRAM

JOSE TRINIDAD SUAZO EXECUTIVE DIRECTOR OF THE NATIONAL INSTITUTE OF CONSERVATION AND DEVELOPMENT OF FORESTS, PROTECTED AREAS, AND WILDLIFE

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