2018年-世界发展银行全球_Improving_Transparency_and_Accountability_in_Public-Private_Partnerships___Disclosure_Diagnostic_Report_-_Honduras_88页_2mb

Summary of the Honduras PPP Disclosure Diagnostic Report

Core Content

This report is a joint initiative between the Government of Honduras and the World Bank Group, focusing on improving transparency and accountability in public-private partnerships (PPPs). It is based on the World Bank's PPP Disclosure Diagnostic template, which evaluates the political, legal, and institutional environment for disclosure in PPPs. The report outlines the current state of PPP disclosure in Honduras and proposes a customized framework to enhance it.

Main Points

• Purpose: The report aims to assess the disclosure environment in Honduras and provide recommendations to improve transparency and accountability in PPPs.
• Methodology: A gap assessment was conducted based on the World Bank's PPP disclosure framework, analyzing legal, institutional, and procedural aspects.
• Key Findings:
  • Honduras has made progress in international transparency commitments, such as signing the Inter-American Convention Against Corruption (IACAC) and the United Nations Convention Against Corruption (UNCAC).
  • The Transparency and Access to Information (TAI) Act 2006 and the PPP Regulations 2011 provide the legal basis for disclosure but are inconsistent in their provisions.
  • The government has initiated several transparency initiatives, including joining the Open Government Partnership (OGP) in 2011 and launching the Construction Sector Transparency Initiative (CoST) in 2014.
  • However, most of these initiatives are still in the early stages of institutionalization and have not yet significantly impacted PPP disclosure.
  • There is a lack of clarity in the roles and responsibilities of institutions involved in PPP disclosure, such as COALIANZA, SAPP, and the contracting authority.

Key Information

Legal and Institutional Framework

• TAI Act 2006: Establishes the Institute of Access to Public Information (IAIP) as an autonomous body, responsible for promoting access to public information and regulating its procedures.
• PPP Act 2010 and PPP Regulations 2011: Provide the legal basis for PPPs, but lack detailed guidance on disclosure.
• 2014 Amendments to the PPP Act: Institutionalized the role of the Fiscal Contingency Unit (UCF) in the PPP approval process.
• CoST Initiative: Launched in 2014 to improve disclosure in the public infrastructure sector, but its application to PPPs is limited and not systematic.

Current Disclosure Practices

• Information on PPP projects is typically disclosed only after the contract is signed.
• COALIANZA publishes a pipeline of projects, but detailed procurement and contract information is not made public in the pre-procurement phase.
• There is no standardized template or data standard for disclosure in PPPs.

Gap Assessment

• Inconsistencies exist between the TAI Act and PPP Regulations regarding proactive vs. reactive disclosure.
• Ambiguity in the application of disclosure provisions and unclear institutional roles.
• Limited public access to PPP-related information during the project identification and preparation phases.
• Lack of standardized disclosure tools and mechanisms.

Recommendations

• Develop a customized PPP disclosure framework that aligns with the World Bank's recommendations.
• Ensure consistency in legislation and policy to clarify obligations related to proactive and reactive disclosure.
• Provide detailed guidance on disclosure elements, timelines, confidentiality provisions, and standard contractual clauses.
• Implement a standardized disclosure template and data standards for all PPP stages.
• Establish a user-friendly platform (e.g., SISOCS) with a clear hierarchy of roles for uploading, validating, and disclosing information.
• Ensure institutional coordination and clarity in the roles of COALIANZA, SAPP, UCF, and the contracting authority.
• Promote proactive disclosure throughout the PPP lifecycle, starting from project identification and preparation.

Key Material Reviewed

• TAI Act 2006
• PPP Act 2010
• PPP Regulations 2011
• Executive Decree 02-2015
• National Transparency Policy (NTP) 2015
• CoST Data Standard
• SISOCS Portal
• COALIANZA's Transparency Portal
• Legal and institutional guidelines
• Standard contractual clauses
• Various reports and policy documents

Annexes

• Annex A: Suggested amendments to the PPP Regulations 2011 to improve clarity and consistency.
• Annex B: Proposed text for a PPP disclosure framework, including a template for disclosure and standard contractual clauses.
• Annex B.1: Suggested template for disclosure in PPP projects.
• Annex B.2: Standard disclosure clauses for trust funds.
• Annex B.3: Standard contractual clauses for PPPs.
• Annex C: Comparison of the World Bank framework, current practices in Honduras, and the proposed framework.

Conclusion

Honduras has made strides in enhancing transparency and accountability through international commitments and national legislation. However, the implementation of these frameworks in the PPP context remains limited. A comprehensive and consistent disclosure framework is essential to ensure greater transparency, public trust, and accountability in PPP projects. The report recommends a systematic, proactive, and standardized approach to PPP disclosure, supported by clear legal mandates, institutional roles, and technological platforms.