Misplaced Pages

Constitution of Honduras

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Political Constitution of the Republic of Honduras ( Spanish : Constitución Política de la República de Honduras ) was approved on 11 January 1982, published on 20 January 1982, amended by the National Congress of Honduras 26 times from 1984 to 2005, and 10 interpretations by Congress were made from 1982 to 2005. It is Honduras' twelfth constitution since independence in 1838. Previous charters were adopted in 1839, 1848, 1865, 1873, 1880, 1894, 1906, 1924, 1936, 1957 and 1965.

#58941

126-565: The Constitution of Honduras gained notoriety because of the 2009 Honduran constitutional crisis that removed President Manuel Zelaya and saw Roberto Micheletti take his place. In 2009 Óscar Arias , then President of Costa Rica , who had been asked by the US State Department to help arbitrate the crisis, termed the Honduran constitution the "worst in the entire world" and an "invitation to coups." Honduras broke away from

252-538: A constituent assembly prepared a new constitution, agreed on it on 11 January 1982 and published it on 20 January 1982 in the official journal "La Gaceta". Since then, the National Congress of Honduras made 26 amendments ( ratified in 1984, 1986, 1987 (twice), 1988 (twice), 1990, 1991, 1995 (twice), 1996, 1998, 1999 (three times), 2000, 2001, 2002, 2003 (four times), 2004 (twice) and 2005 (twice) and 10 interpretations from 1982 to 2005. The 13th amendment to

378-467: A coup d’état . On the morning of 28 June 2009, approximately 100 soldiers stormed the president's residence in Tegucigalpa and put him on an airplane to San José, Costa Rica . Zelaya immediately called this a " coup " upon his arrival. Later that day, the National Congress voted to remove Zelaya from office, having read without objection a purported letter of resignation. Zelaya said the letter

504-659: A fourth ballot box (or "Cuarta Urna") during the November 2009 election. The fourth ballot would ask voters whether they wanted to hold a National Constituent Assembly to draft a new constitution. Zelaya, whose presidential term was to expire on 27 January 2010, would be ineligible, under the term-limitations of the present constitution, to run in the 2009 election. On 22 December 2008 Zelaya issued two emergency executive agreements ("acuerdos"), both numbered 46-A-2008, which each authorised transfer of L  30,000,000 of public money to advertising of his fourth ballot box. Only one

630-640: A liberal , Zelaya shifted to the political left during his presidency, forging an alliance with the Bolivarian Alliance for the Americas known as ALBA. On June 28, 2009, during the 2009 Honduran constitutional crisis , he was seized by the military and sent to Costa Rica in a coup d'état . On September 21, 2009, he returned to Honduras clandestinely and resurfaced in the Brazilian embassy in Tegucigalpa . In 2010, he left Honduras for

756-505: A mobile phone jammer . On 27 September 2009, Honduras gave Brazil a ten-day deadline. Brazilian President Luiz Inácio Lula da Silva replied that he would ignore the deadline. "Brazil will not comply with an ultimatum from a government of coup-mongers". Lula said. Honduran interim president Roberto Micheletti warned that his government would take action if Brazil did not determine Zelaya's status soon. Lula requested an apology. Hundreds of Honduran soldiers and Police Officers surrounded

882-478: A businessman born into a wealthy Honduran family, was elected in 2005 as the candidate of the country's historically powerful Liberal Party . Zelaya's economic and social policies earned him praise from labour unions and civil society groups, but alienated him from parts of his own party. which were particularly upset by Zelaya's forging a regional alliance with the Bolivarian Alternative for

1008-511: A case brought by a group of lawyers and judges arguing that the military broke the law taking Zelaya out of the country. In August 2009, Micheletti himself said that a mistake was made when Zelaya was exiled. A document purporting to be a resignation letter written by President Zelaya, dated 25 June, was read to congress. Zelaya has said he did not write the letter. Later that day, in an extraordinary session Congress voted to remove Zelaya for manifest irregular conduct and putting in present danger

1134-499: A constituent assembly was a controversial issue, since Article 374 contains entrenched clauses regarding Article 373 and Article 374 itself, and Article 373 as interpreted by Decree 169/1986 defines the method of modifying the constitution: Article 373 .- The reform of this Constitution may be ordered by the National Congress, in regular sessions, with two-thirds of votes of all of its members. The decree brought to

1260-688: A constitutional convention should be convened to consider various constitutional changes including allowing successive terms in office for the president. On the annual Central American Independence Day , 15 September 2009, the National Resistance Front Against the Coup d'état in Honduras declared that the National Resistance Front constitutes the organised expression of Hondurans' right under Article 3 of

1386-891: A country where a wealthy elite controls the media and much of politics." Manuel Zelaya appointed his nephew Marcelo Chimirri as General Manager of the state-owned telecom Hondutel . According to the Mexican newspaper El Universal , relying on information supplied by the Arcadia Foundation, Hondutel's revenue decreased 47% between 2005 and 2006, the first year of President Manuel Zelaya's administration, despite Hondutel's monopoly on international calls In April 2009, Latin Node Inc., an American company, pleaded guilty to making improper payments to Hondutel, "knowing that some, or all of those funds, would be passed on as bribes to officials of Hondutel". Chimirri resigned in 2007, and

SECTION 10

#1732798699059

1512-515: A fierce reaction from opposition parties. Those responsible for the coup justified their actions on the grounds that Zelaya's interest in potentially convening a constituent assembly to draft a new constitution was illegal, and alleged that his real motive was to increase his time in office. Zelaya denied that his motive was to stay in office, stating that he intended to step down in January 2010 as scheduled, noting that his successor would be elected at

1638-470: A larger than usual turnout, around 60%, a figure subsequently revised downward to 49%. Zelaya also disputed those figures at the time. Some Honduran activists ended their daily protests demanding the reinstatement of Zelaya because he was ousted in a coup, since Congress voted to keep Manuel Zelaya out of office. The crisis drew to a close with the inauguration of the newly elected president, Porfirio Lobo , on 27 January 2010. A deal allowed Zelaya to leave

1764-404: A law forbidding holding official polls or referendums less than 180 days before the next general election, which would have made 28 June poll illegal. Since this bill was passed after the poll was scheduled, Zelaya rejected its applicability to this case. The military is in charge of security and logistics in elections in Honduras. Zelaya asked them to perform their election role for the poll, but

1890-707: A member of ALBA , an international cooperation organization based on the idea of social, political, and economic integration between the countries of Latin America and the Caribbean. It marked his turning to left-of-center politics, the first such case of right to left policy switch as he had been elected in on a conservative platform . Political opponents, particularly business elites, opposed his foreign policy, including his alliance with Hugo Chávez in Venezuela, and friendship with Cuba 's Raúl Castro . In spite of

2016-464: A member of the party, said that PUD lawmakers were led away by the military when they tried to enter the parliament building for 28 June vote on Zelaya's deposal. Several TV stations, radio stations, and newspaper's websites were temporarily shut down. The Miami Herald reported that the "crackdown on the media" began before dawn on the 28th. It said that only pro-Micheletti stations were allowed to broadcast and that they carried only news friendly to

2142-405: A new constitution. The youth leaders called for the plebiscite to be held on the "last Sunday of November of 2010" and for "clear guarantees for wider and more representative participation among all sectors of the Honduran people". The constitutionality of the removal of Zelaya from Honduras on 28 June 2009 was controversial. Several articles of the 1982 Constitution that were referred to during

2268-416: A number of economic problems, there were a number of significant achievements under Zelaya's presidency. Under his government, free education for all children was introduced, subsidies to small farmers were provided, bank interest rates were reduced, the minimum wage was increased by 80%, school meals were guaranteed for more than 1.6 million children from poor families, domestic employees were integrated into

2394-552: A paper written by Manuel Orozco and Rebecca Rouse for the Inter-American Dialogue think tank in the United States, the Honduran media operate as arms of political parties. On 24 May 2007, Zelaya ordered ten two-hour cadenas (mandatory government broadcasts) on all television and radio stations, "to counteract the misinformation of the news media". The move, while legal, was fiercely criticized by

2520-643: A pardon from the head of state, General Policarpo Paz García , in 1979. He has engaged in business activities, including timber and cattle, handed down to him by his late father. He is now a landowner in Olancho . In 1987, Zelaya became manager of the Honduran Council of Private Enterprise (COHEP), as well as of the National Association of Wood Processing Enterprises. The COHEP occupies a particularly important role in Honduran politics, as

2646-409: A referendum on convening a constitutional convention on the same date as his successor's election was to extend his term of rule. In a newspaper interview shortly before his removal from office, Zelaya stated that he had every intention of stepping down when his term ends in January 2010. The Supreme Court, without deciding on the constitutionality of the poll, ruled that a lower court ruling blocking

SECTION 20

#1732798699059

2772-434: A relationship with a leftist government. That's impossible. I personally would have retired, because my thinking, my principles, would not have allowed me to participate in that." Ramón Custodio , the head of the country's human rights commission, said that Zelaya's exile was a mistake and that the military made an "error" sending Zelaya into exile rather than holding him for trial. Honduras's Supreme Court has agreed to hear

2898-582: A result of the coup be lifted. The next day, Zelaya agreed to the deal. A close advisor said Zelaya would remain politically active and hoped to later return to political activity. Zelaya left Honduras on 27 January 2010 for the Dominican Republic , along with his wife, two children, and President Fernández of the Dominican Republic. Zelaya and his family lived in the Dominican Republic until his return in 2011. Several countries in

3024-479: A rise in crime, corruption scandals and economic populism." By April 2009, a Mitofsky opinion poll showed that, of those consulted, only one in four respondents approved of Zelaya – the lowest approval rating of 18 regional leaders. On 22 July 2008, Zelaya announced plans to incorporate the country into the Bolivarian Alliance for the People of Our America (ALBA), an organisation founded by Hugo Chávez , and that

3150-619: A sealed (secret) order to detain Zelaya for the purposes of taking a statement. Some pro-Zelaya supporters have sought to cast doubt on the Supreme Court's documentation. Soldiers stormed the president's residence in Tegucigalpa early in the morning of 28 June, disarming the presidential guard, waking Zelaya and putting him on a plane to Costa Rica . In San José, Costa Rica, Zelaya told TeleSUR that he had been awakened by gunshots. Masked soldiers took his cell phone, shoved him into

3276-506: A stable economy. During the second half of the nineteenth century Honduras continued to participate in diplomatic efforts to restore political unity of Central America, and conference of The Union (1872) and Guatemala (1876). On 1 November 1898, the Greater Republic changed its name to Central America, but these were dissolved on 30 November and resumed sovereignty Honduras. Following several decades of military governments ,

3402-547: A television station that supported the president were taken off the air. Television and radio stations broadcast no news. The electrical power, phone lines, and international cable TV were cut or blocked throughout Honduras. Public transportation was suspended. Later that day, the Supreme Court issued a statement that it had ordered the army to arrest Zelaya. On 30 June, the military's chief lawyer, Colonel Herberth Inestroza, showed Judge Arita's arrest order. Colonel Inestroza later stated that deporting Zelaya did not comply with

3528-454: A van and took him to an air force base, where he was put on a plane. He said he did not know that he was being taken to Costa Rica until he landed at the airport in San José . To the media, he described the events as "a coup" and "a kidnapping". Tanks patrolled the streets and military planes flew overhead. Soldiers guarded the main government buildings. The government television station and

3654-470: A violent confrontation. Michelletti initially denied that Zelaya had returned, but later admitted he had. Michelletti added that the return "changes nothing of our reality". Michelletti later issued a state of emergency with a curfew and asked the Brazilian government to put Zelaya in Honduran custody for trial. Brazilian foreign minister Celso Amorim stated that Brazil did not aid Zelaya's return. Security Vice-Minister Mario Perdomo ordered checkpoints on

3780-410: Is a Honduran politician who was 35th President of Honduras from January 27, 2006 until his forcible removal in the 2009 coup d'état , and who since January 2022 serves as the first First Gentleman of Honduras . He is the eldest son of a wealthy businessman, and inherited his father's nickname " Mel ". Before entering politics he was involved in his family's logging and timber businesses. Elected as

3906-471: Is permanently outlawed by the Honduran constitution. The Honduran Supreme Court upheld a lower court injunction against a 28 June poll. However, the constitutional process for dealing with this situation was unclear; there were no clear procedures for removing or prosecuting a sitting president. The crisis culminated in the removal and exile of Honduran president Manuel Zelaya by the Honduran military in

Constitution of Honduras - Misplaced Pages Continue

4032-413: Is where the formal change proposed by Manuel Zelaya comes in: that in the November 2009 election-round, the voters will be presented with four ballot-boxes – the fourth one being used for a referendum on the question: "Do you agree with convening a constituent assembly to draw up a new constitution?" On 11 November 2008, President Zelaya announced a non-binding referendum to see if the people wanted to have

4158-419: The 2009 Honduran constitutional crisis and removal of Zelaya , debate occurred in Honduran society regarding the creation of a constituent assembly in order to rewrite the constitution, with support from many groups. President Manuel Zelaya played an important role in the debate and was arrested and exiled to Costa Rica by military officers on 28 June 2009. Whether or not it is constitutionally valid to hold

4284-737: The Central American Federation in October 1838 and became an independent sovereign state. However, in the 1840s and 1850s Honduras participated in several conferences Central American Union, which did not work, such as the Confederation of Central America (1842–1845), the covenant of Guatemala (1842), the Diet of Sonsonate (1846) and National Representation in Central America (1849–1852). It later adopted

4410-511: The Constitution of Honduras states that the constitution can be modified by a two-thirds majority of the National Congress. However, Article 374 specifies that several articles are permanently entrenched ; that is, they cannot be modified under any circumstances (Spanish: "en ningún caso" ). The entrenched clauses include those on the system of government that is permitted, and the presidential succession. Article 239 specifically prohibits

4536-482: The Dominican Republic , an exile that lasted more than a year. He now represents Honduras as a deputy of the Central American Parliament . Since January 1976 Zelaya has been married to Xiomara Castro , the current President of Honduras , elected in the 2021 general election . Upon his wife's inauguration, Zelaya became the first " First Gentleman " in Honduran history. Zelaya was born

4662-489: The European Union condemned the removal of Zelaya as a military coup, and some of these condemnations may still remain unretracted. The OAS rejected an attempt by Honduras to withdraw from the organisation and then suspended the membership of Honduras the following day. Domestic opinion remained very much divided, with demonstrations both for and against Zelaya. Efforts by Costa Rican President Óscar Arias and

4788-610: The Liberal Party of Honduras , Partido Liberal de Honduras , (PLH) in 1970 and became active a decade later. He was a deputy in the National Congress for three consecutive times between 1985 and 1998. He held many positions within the PLH and was Minister for Investment in charge of the Honduran Social Investment Fund (HSIF) in a previous PLH government. In the 2005 presidential primaries , his faction

4914-609: The United Nations criticized threats against journalists in Honduras. Other critical journalists, such as Dagoberto Rodriguez and Hector Geovanny Garcia, fled into exile because of constant murder threats. The Associated Press , citing Manuel Orozco of the Inter American Dialogue, said that "His [Zelaya's] campaign for changing the constitution has energized his support base of labour groups, farmers and civil organisations who have long felt marginalized in

5040-481: The "XVIII National Gathering of Afro-Honduran Youth of the Organization for Ethnic and Community Development (ODECO)," Afro-Honduran youth leaders from several dozen different towns and cities made a declaration, of which some of the aims were the "immediate implementation of the right to plebiscite and referendum" and the convocation of a plebiscite in order to organise a constituent assembly that would write

5166-482: The 1982 Constitution to resist against a government imposed by armed force. From 22 September 2009 to 19 October 2009, five constitutional rights were suspended in the Micheletti de facto government's Decree PCM-M-016-2009: personal liberty (Article 69), freedom of expression (Article 72), freedom of movement (Article 81), habeas corpus (Article 84) and freedom of association . On 29 September, one day after

Constitution of Honduras - Misplaced Pages Continue

5292-629: The 1982 Constitution. Article 373 of the Constitution states that the Constitution can be amended by a two-thirds majority of the normal National Congress. Only eight articles cannot be amended in this fashion; they are specified in Article 374 of the Constitution and include term limits, system of government that is permitted, and process of presidential succession. As Congress can amend 368 of 375 articles without any constituent assembly, some observers charged that Zelaya's true intention of holding

5418-579: The 375 articles in the Honduran constitution without calling a constituent assembly, some suspected that Zelaya's true intention was to extend his rule. One-time Christian Democrat presidential candidate Juan Ramón Martínez argued that Zelaya was attempting to discredit parliamentary democracy, saying, "There appears to be a set of tactics aimed at discrediting institutions... he has repeated on several occasions that democratic institutions are worthless and that democracy has not helped at all". On 11 November 2008, following requests from many Honduran groups for

5544-865: The ALBA alliance, and feared that Zelaya would move to eliminate the presidential term limit as other ALBA leaders had, whom they considered would-be dictators. According to National Party analyst Raúl Pineda Alvarado, Zelaya's attempt to modify the constitution was a "carbon copy" of what had happened in Venezuela, Ecuador and Nicaragua. US Republican Newt Gingrich wrote in the Washington Examiner that Chávez had used ALBA to create "a tide of incipient dictatorship" flowing out of Venezuela into other countries in Latin America. He noted that Chávez had subverted democracy in Venezuela to ensure his rule would be uncontested for decades, and "one-by-one, each of

5670-665: The Americas (ALBA), established by Venezuelan President Hugo Chávez and other leaders in Latin America as a counter to the trade and security policies sponsored by the United States. Zelaya also planned to convert the Soto Cano Air Base ("Palmerola") , where one of the three United States Southern Command Task Forces is located, into a civilian airport (it was already in use for many civilian flights because of safety concerns about Toncontín International Airport ), partly using financing from ALBA and Petrocaribe . The New York Times reported that much of Zelaya's support

5796-480: The Brazilian embassy and go into exile in the Dominican Republic . Two-thirds of Honduras citizens live below the poverty line, and unemployment is estimated at 28%. It has one of Latin America 's most unequal distribution of wealth : the poorest 10% of the population receives just 1.2% of the country's wealth, while the richest 10% collect 42%. Approximately twenty per cent of the nation's GDP comes from remittances of workers from abroad. The BBC called

5922-503: The Brazilian embassy in Tegucigalpa where he had been, to the Dominican Republic upon Lobo taking office on 27 January. Lobo stated that he would ensure Zelaya would leave safely and "with dignity." Lobo negotiated with Dominican President Leonel Fernández . Lobo also discussed the situation with former presidential candidates , who signed onto a joint statement on the agreement, which also requested that sanctions against Honduras as

6048-406: The Brazilian embassy in Tegucigalpa. Zelaya said that to reach the embassy he travelled through mountains for fifteen hours, and took back roads to avoid checkpoints. Zelaya did not state from which country he entered Honduras. Hundreds of Zelaya's supporters surrounded the Brazilian embassy. Zelaya chanted "Restitution, Fatherland or Death!" to his supporters, raising fears that Zelaya was attempting

6174-420: The Brazilian embassy, where protests against the coup continued. On 29 October 2009, the government of "de facto" president Roberto Micheletti signed what United States Secretary of State Hillary Clinton called a "historic agreement" to let Manuel Zelaya serve the remaining three months of his term. "If Congress agrees", according to Elisabeth Malkin of The New York Times , "control of the army would shift to

6300-444: The Caribbean. Zelaya said that the main media outlets in Honduras, owned by wealthy conservatives, were biased against him and did not cover what his government was doing: "No one publishes anything about me. . . . what prevails here is censorship of my government by the mass media." Inter Press Service says that the vast majority of radio and TV stations and print publications are owned by just six families. According to

6426-594: The Constituent Assembly question in the November 2009 election. The President of the Congress, Micheletti, observed that Article 374 of the constitution states that no referendum can be used to alter the entrenched articles in the constitution that are specified in article 384. He went on to insist that even to announce such a referendum privately is a crime (" . . . porque eso, incluso, anunciarlo privadamente es un delito. ") Article 373 of

SECTION 50

#1732798699059

6552-528: The Constitution delineates that the organization elects one of the seven members of the Nominating Board that proposes nominees to the Supreme Court of Honduras . Zelaya's father received a 20-year prison sentence for his role in the 1975 Los Horcones massacre , which took place on the Zelaya family ranch, Los Horcones . As a result of an amnesty, he served less than two. Zelaya joined

6678-483: The Constitution was voted by Congress on 30 September 1998, to make the President commander in chief of the armed forces. The amendment was ratified by Congress by a vote of 128-0 on 26 January 1999 and signed by President Flores . This ended 42 years of military autonomy; the military had previously been governed by a military parliament and a commander in chief from the armed forces. Starting in 2006 and leading to

6804-571: The Electoral Tribunal's support for the military's actions. On 24 June, surveillance cameras captured how about US$ 2,000,000 in cash was withdrawn from the Central Bank of Honduras and allegedly driven to the office of Enrique Flores Lanza , Zelaya's chief of staff. The suspicious money was possibly used to finance the referendum. Just days before the referendum, Zelaya published executive decree PCM-019-2009, which revoked

6930-637: The International Observation Mission called "arbitrary". On 1 July, Congress issued an order (decreto ejecutivo N° 011-2009) which extended restrictions between 22:00 and 05:00 local time and also suspended four constitutional guarantees, including freedom of transit, due process, and freedom from unwarranted search and seizure. The ambassadors of Cuba , Venezuela, and Nicaragua stated that on 29 June that they were detained and beaten by Honduran troops before being released. Also, several allies of Zelaya were taken into custody by

7056-480: The Ministerio Público and the Honduran attorney general's office arrived at the airport. Zelaya led several hundred people to an air force base and took possession of the disputed poll ballots, which were then kept in the presidential palace to avoid their destruction. In late June, there were large marches both for and against the proposed fourth ballot box. The Supreme Court, Congress, and

7182-406: The National Congress began debate regarding the possible reinstatement of Zelaya to the presidency. On 4 December, Juan Barahona -led activists ended five months of daily protests demanding the reinstatement of Zelaya, saying they were moving on now that Congress has voted to keep Manuel Zelaya out of office. Juan Barahona, who had been leading protests since late June when Zelaya was forced out of

7308-401: The National Congress, in ordinary session, by a vote of two thirds the totality of its members, and must specify the article or articles that are to be reformed, and must be ratified by an equal number of votes in the subsequent ordinary legislature." Article 374 states, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to

7434-556: The Summit of Central American presidents held in Managua , Nicaragua, two days later (30 June 2009). The National Congress voted unanimously to accept what they said was Zelaya's letter of resignation. Zelaya said he did not write the letter. National Congress President Roberto Micheletti , the next person in the presidential line of succession and a centre-Right, assumed the presidency following Zelaya's removal from office. The event

7560-408: The Supreme Court's ruling by a vote of 125 to 3, in a show of hands on the day Zelaya was removed, 28 June 2009. The Unión Democrática members, however, say they were not there, and some Liberal Party members have since said they did not vote for the motion. President Zelaya disputes that he was seeking to extend his term in office, arguing that he wanted to conduct a public opinion poll on whether

7686-621: The United States to effect a diplomatic solution between Micheletti and Zelaya initially resulted in a proposal by President Arias calling for Zelaya's return to the presidency, albeit with curtailed powers. Arias's proposal also stipulated political amnesty and moved the Honduran general elections up by a month, pushing them to take place in October. The US supported the San José Accord , but negotiations ultimately broke down. The two parties were unwilling to come to any lasting agreement. Zelaya (elected in January 2006) insisted that

SECTION 60

#1732798699059

7812-837: The aim of holding a constituent assembly. Bertha Cáceres of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) and the Frente Nacional de Resistencia Contra el Golpe de Estado en Honduras said that a constituent assembly would be important in order to defend women's rights . She stated, "For the first time we would be able to establish a precedent for the emancipation of women, to begin to break these forms of domination. The current constitution never mentions women, not once, so to establish our human rights, our reproductive, sexual, political, social, and economic rights as women would be to really confront this system of domination." On 31 August 2009, following

7938-476: The attorney general, and the top electoral tribunal declared Zelaya's proposed referendum illegal. Congress began to discuss impeaching Zelaya. On 27 June and again on 30 June 2009, thousands of protesters opposed to Zelaya's impeachment marched through the capital city. On 28 June 2009, the Supreme Court issued an order to detain President Zelaya, who was subsequently captured by the military. He

8064-517: The ban after two days. A one-page United Nations resolution, passed by acclamation in the then 192-member body, condemned the events and demanded Zelaya's "immediate and unconditional restoration" as president. The resolution calls "firmly and categorically on all states to recognise no government other than that" of Mr. Zelaya. During the first five days out of country, Zelaya spent 80,000 dollars of Honduran public money on goods including hotels, food and clothing, continuing to spend on his expenses as

8190-419: The constitution, including one against presidential re-election. The Report said that this was causing controversy. Debate regarding the convening of a constituent assembly took place in Honduras, with support from many groups. "The constitution has since 1980 been tweaked in other areas around thirty times, to the point where politicians of all camps are convinced that the document is no longer adequate. This

8316-563: The constitution. The military offered as justification that they exiled Zelaya "to avoid mob violence". Following the coup, Zelaya spoke to the media from his forced exile in San José. He identified the events as a coup and a kidnapping. Soldiers pulled him from his bed, he said, and assaulted his guards. Zelaya announced that he would not recognize anyone named as his successor, and that he wanted to finish his term in office. He also stated that he would begin to meet with diplomats, and attended

8442-408: The convening of a constituent assembly , Zelaya issued a decree organizing a poll to decide whether the electorate wanted a fourth ballot box installed at polling places for the upcoming 29 November 2009 general election – an addition to the usual three for presidential, congressional, and municipal candidates. The fourth ballot would ask voters whether to convene a National Constituent Assembly for

8568-416: The country had been an "observer member" for "four or more months". The Associated Press, citing Manuel Orozco of the Inter-American Dialogue , said his "campaign for changing the constitution has energized his support base of labour groups, farmers and civil organisations who have long felt marginalized in a country where a wealthy elite controls the media and much of politics". The Honduran right opposed

8694-433: The country was that Zelaya had taken a dangerous turn to the left, and therefore that their interests were in jeopardy." "We underestimated the conservatism of the Honduran political class and the military leadership." John Donaghy of Caritas has said that the real conflict in Honduras is between the poor and wealthy: "It's a system that has kept the poor down for years." To some members of Honduras's small upper class, Zelaya

8820-438: The country's main journalists' union, and Zelaya was dubbed " authoritarian " by his opposition. Ultimately, the broadcasts were scaled back to a one-hour program on the government's plans to expand telephone service, a half-hour on new electrical power plants and a half-hour about government revenues. An unknown gunman in 2007 murdered a journalist who often criticized Zelaya. The Inter-American Press Association (IAPA) and

8946-475: The country, instead of arresting him, was a mistake. Acting President Roberto Micheletti ordered a curfew which initially lasted for the 48 hours from Sunday night (28 June) and to Tuesday (30 June). The curfew law was not published in the official journal La Gaceta and was not approved by Congress. Originally the curfew ran from 9:00 p.m. to 6:00 a.m. That curfew was extended, changed, or renewed several times, in ways Amnesty International and

9072-400: The country, said that his supporters are "closing that chapter" of their struggle. Barahona said it was time for Hondurans who support policies in favor of the poor and other themes that Zelaya espoused to shift their focus to the 2014 elections. On 20 January 2010, the Dominican Republic and Honduran President-elect Lobo agreed to a deal that would allow Zelaya to be transported safely from

9198-412: The court order, but that military leadership had decided to do so to avoid violence in Honduras, asking "What was more beneficial, remove this gentleman from Honduras or present him to prosecutors and have a mob assault and burn and destroy and for us to have to shoot?". Inestroza also stated that Zelaya's allegiance to Chávez was hard to stomach and "It would be difficult for us, with our training, to have

9324-556: The court published a Special Communication explaining its actions. The validity of the court's ruling has been challenged. Some have complained that the court is partisan. Larry Birns , director of the Washington-based Council on Hemispheric Affairs , has described the Honduran Supreme Court as "one of the most corrupt institutions in Latin America." The national Congress claims to have affirmed

9450-429: The crisis include the following. Article 3 of the Constitution states that nobody has an obligation to obey a government that has taken power through armed force, that acts by such a government are [legally] null, and that people have the right to insurrection in order to defend constitutional government. The Constitution forbids handing over or expatriating Hondurans to foreign countries. A Honduran citizen who has held

9576-786: The decree was used to shut down the television stations Channel 36 and Radio Globo, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights (IAHCR) "expressed its most energetic rejection" of PCM-M-016-2009 and asked for the immediate suspension of its enforcement, because according to the IACHR, it "flagrantly [contradicted] the international standards for freedom of expression". 2009 Honduran constitutional crisis The 2009 Honduran constitutional crisis

9702-405: The disastrous situation lived Honduras . Soto managed to improve lines of communication and others service. Construction of sections of railroad, the telegraph system and launched an education program unprecedented in the country. Despite the progress made during the administration, Honduras again fell back on social instability by failing to have products such as coffee grounds or snuff how to build

9828-454: The earlier decree PCM-05-2009. Zelaya issued a new executive decree PCM-020-2009, another attempt to legalise the referendum. According to a legal analysis by former Supreme Court President Vilma Morales, Zelaya stopped being President of Honduras. Ballots arrived from Venezuela on a plane and the ballot boxes were kept at the Tegucigalpa airport . The Supreme Electoral Tribunal ordered the illegal ballots to be confiscated. Investigators from

9954-544: The effect on the article or articles to be reformed, must be ratified by the subsequent regular parliamentary session of an equal number of votes, to enter into force. A wide range of social organisations and some political parties coordinated together as the Frente Nacional de Resistencia contra el Golpe de Estado en Honduras . In response to an international mediation meeting held in San Jose in Costa Rica in relation to

10080-673: The eldest of four children in Juticalpa , Olancho . Two of his brothers remain alive. Zelaya's mother, Ortensia Rosales de Zelaya, has been described as his best campaigner. His family first lived in Copán , then they moved east to Catacamas , Olancho. He attended Niño Jesús de Praga y Luis Landa elementary school and the Instituto Salesiano San Miguel. He began his university studies in civil engineering, but left in 1976 with 11 courses completed, for agriculture and

10206-440: The election. Zelaya called for a boycott of the poll. Some Hondurans interviewed by Associated Press said that they "sought to move past the crisis with the elections", which had been scheduled previous to Zelaya's removal. Early returns indicated that conservative Porfirio Lobo was elected with around 55% of the votes. Official numbers for the turnout of the election falsely placed it at around 60%, but subsequently revised

10332-425: The elections of 29 November should not be a precondition to his return to power. Honduran leaders refused to reinstate Zelaya, pending the elections, but international support for the elections remained scant leading up to the polls. Many Hondurans sought to move past the crisis with the elections, which had been scheduled previous to Zelaya's ouster. Zelaya urged a boycott of the vote. Initial returns indicated

10458-625: The elections of 29 November. On 29 November 2009, a presidential election was held under a state of emergency declared in Decree PCM-M-030-2009. According to the decree, the Secretary of State of the 'de facto' government was expected to participate in the military command for this state of emergency. Five of the six presidential candidates retained their candidacies, while Carlos H. Reyes had withdrawn his candidacy on 9 November in protest at what he perceived as illegitimacy of

10584-499: The electoral court, and the presidential election set for 29 Nov. would be recognized by both sides. Neither Mr. Zelaya nor Mr. Micheletti will be candidates". When Micheletti announced he had, unilaterally, formed the unity government without input from Zelaya, Zelaya declared the agreement "dead" early on 6 November. The United States sent diplomats to help to resurrect the pact, but Zelaya insisted that he would not accept any deal to restore him to office if it meant he must recognize

10710-563: The forestry sector. He was forced to take over the family business by the arrest of his father José Manuel Zelaya Ordoñez, implicated in the murders known as "Slaughter of the Horcones." These murders also involved Mayor José Enrique Chinchilla, Sub-Lieutenant Benjamín Plata, José Manuel Zelaya Ordoñez (property owner) and Carlos Bhar. They were charged and taken to the Central Prison; after four years in prison, they were favored with

10836-620: The form of government, to the national territory, to the presidential period, the prohibition to serve again as President of the Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period." In the crisis, President Manuel Zelaya was removed from the country by military force on the 28th of June after the Supreme Court of Honduras had issued an order (apparently) on June 26 for his detention. The Supreme Court membership had been renewed in January 2009. Afterwards

10962-418: The head of the military command, General Romeo Vásquez Velásquez , refused the order to pass out the poll materials because the Supreme Court had ruled the poll to be illegal. On 24 June, Zelaya fired him. Later that day, the defence minister and heads of the army, navy and air force resigned. On 25 June, the Supreme Court ruled 5–0 that General Velásquez be reinstated. Tribunal member David Matamoros affirmed

11088-513: The highways leading to Tegucigalpa, to "stop those people coming to start trouble". Defense Minister Lionel Sevilla suspended all air flights to Tegucigalpa. Costa Rican President Óscar Arias and U.S. Secretary of State Hillary Clinton urged both sides to begin a dialogue toward a peaceful solution and Eulogio Chavez, leader of a 60,000-member teachers union, announced that his organization would go on strike to back Zelaya. Shortly thereafter, Zelaya claimed that Israeli mercenaries had installed

11214-409: The huge wealth gap in a poor country as one of the reasons why the relations between the president and the other institutions were so strained and that his leftward movement alarmed certain sectors. Zelaya pushed for a referendum, insisting that Honduras' grinding poverty stemmed from a constitution written in 1982 at the height of that country's brutal repression of leftists – that rigs the game for

11340-472: The judicial case file. On 25 March, the Attorney General's office formally notified President Zelaya that he would face criminal charges of abusing power if he proceeded with the referendum. In late May, the court of contentious administration ruled the poll illegal. Honduras' Supreme Electoral Tribunal also ruled that such a poll would be illegal. The lower court's injunction, against the poll,

11466-529: The members of ALBA have followed Chavez's lead and changed their constitutions to remove limits on the number of terms their presidents can serve." However, the notion of extending term limits in Latin America is not unique to ALBA countries, as efforts in Colombia have been made towards allowing President Álvaro Uribe seek re-election. As early as August 2006, Central America Report stated that "liberal sectors" were proposing to reform "obsolete articles" in

11592-683: The military and the National Human Rights Commissioner recommended that voters stay home because the poll would be neither fair nor safe for voters. On 27 May 2009, the Administrative Law Tribunal issued an injunction against holding the poll at the request of Honduran Attorney General Luis Alberto Rubi . On 16 June the Court of Appeals unanimously upheld the 27 May injunction. On 18 June, the Administrative Law Tribunal ordered Zelaya to comply with

11718-547: The military had deployed hundreds of troops around Tegucigalpa, to prevent possible disturbances by organisations that support Zelaya and with the exception of leftist organizations, "all sectors are publicly opposed to the consultation, which has been declared illegal by the Prosecutor and the Supreme Court". The troops were deployed from the First Infantry Battalion, located 5 km east of the city, to

11844-516: The military. Among them were: Foreign Minister Patricia Rodas ; the mayor of the city San Pedro Sula , Rodolfo Padilla Sunseri; several congressmen of the Democratic Unification Party (PUD) ; and several other government officials. A dozen former ministers from the Zelaya government, as well as PUD presidential candidate Cesar Ham , went into hiding. A Venezuelan state-owned media outlet claimed that Tomás Andino Mencías,

11970-399: The most powerful families and interests. Zelaya supporters, largely from labour unions and the poor, claim conservative business leaders are actually concerned because Zelaya had sharply increased the minimum wage . Víctor Meza, formerly Zelaya's interior minister, stated that: "The impression that stuck with the traditional political class and with the most conservative business leaders of

12096-611: The name of Republic of Honduras . In 1847 the National Autonomous University of Honduras (public) was founded during the administration of President-elect John Lindo; it taught civil law , philosophy and literature , among others. In 1860, after his defeat in Nicaragua , Trujillo came to the U.S. (former president of Nicaragua) William Walker influenced by the ambiguous Monroe Doctrine ( "America for Americans"). After deviating from his initial goal

12222-491: The nearing date of the Honduran general and presidential elections that are planned to be held on 29 November 2009, FNGE declared its concerns regarding the electoral process and again called for a "popular, participatory, inclusive, non-discriminatory and democratic" constituent assembly to be held. Following the removal of Zelaya, women's groups in Honduras, in particular Feminists in Resistance , have strongly supported

12348-409: The new government. Associated Press personnel were detained and removed from their hotel, but later released. A number of local reporters and media sources reported on harassment and restrictions. Alejandro Villatoro, director of Radio Globo , said that he was arrested and "kidnapped" for some hours by the military. Manuel Zelaya José Manuel Zelaya Rosales (born September 20, 1952)

12474-652: The numbers to 49% turnout. Organisations and individuals in Honduras, including the National Resistance Front against the coup d'état in Honduras , Marvin Ponce of the Democratic Unification Party , and Bertha Oliva of COFADEH , and internationally, including Mercosur , President Cristina Kirchner of Argentina and the Union of South American Nations , said that elections held on 29 November under Micheletti would not be legitimate. On 2 December,

12600-496: The poll. The chief of the military, General Romeo Vásquez Velásquez , refused to carry this order out. In response, Zelaya dismissed Vásquez on 24 May. Subsequently, defense minister Edmundo Orellana and several other military commanders resigned in support of Vásquez. Both the Honduran Supreme Court and the Honduran Congress deemed the dismissal of Vásquez unlawful. By 25 June, the newspaper La Tribuna reported that

12726-416: The president from attempting to amend restrictions on succession, and states that whoever does so will cease "immediately" in his or her functions. Zelaya's statement – "[t]he only one who can't be re-elected is the President, but re-election is a topic of the next National Constitutional Assembly" – is a declaration that some have argued violates Article 239. Article 239, however, is not mentioned at all in

12852-762: The president of the country. Zelaya's wife, Xiomara Castro de Zelaya , charged that the exiling of her husband was a violation of the Honduran Constitution . Article 102 of the Honduran Constitution forbids expatriating or handing over of Hondurans to foreign countries. Following the coup trends of decreasing poverty and extreme poverty were reversed. The nation saw a poverty increase of 13.2 percent and in extreme poverty of 26.3 percent in just 3 years. Furthermore, unemployment grew between 2008 and 2012 from 6.8 percent to 14.1 percent. On 21 September 2009, Zelaya and his wife arrived at

12978-417: The purpose of writing a new constitution. In March 2009, Zelaya announced that he first wanted to have a preliminary poll – he suggested 28 June 2009 as a date – to ask voters whether they wanted the fourth ballot to be included in the November 2009 election. There has been considerable debate as to whether Zelaya's call for a poll about whether to organize a constituent assembly was legally valid according to

13104-512: The referendum was lawful. The Supreme Court's ruling was supported by Congress, the country's attorney general, top electoral body, and the country's human rights ombudsman, who all said that Zelaya violated the law. Despite the opposition of the other branches of the government, Zelaya moved forward with his plan to hold the poll on 28 June 2009. In Honduras the military assists with election logistics; in late May 2009, Zelaya requested military help to distribute ballot boxes and other materials for

13230-465: The region continued to consider Zelaya the legitimate Honduran head of state. Honduran President Porforio Lobo met with Zelaya in Cartagena, Colombia on 22 May 2011. They both signed an agreement that allowed Zelaya to return to Honduras from exile. Six days later, on 28 May, Zelaya flew back to Honduras aboard a Conviasa jet and was greeted by thousands of his supporters at the airport. He gave

13356-591: The remaining months of the presidential term. At around 12:37 the Honduran National Congress unanimously agreed to: Honduran institutions, including the National Congress , the Supreme Court , and the interim government, maintain Zelaya was replaced constitutionally. Arguments that Zelaya's ouster was illegal because the proper legal procedures were not used has been advanced by several lawyers. Acting Honduran President Roberto Micheletti said forcing deposed President Manuel Zelaya to leave

13482-586: The removal of the President, in which Zelaya would accept to take no actions that could lead towards a constituent assembly, the FNGE declared that it "strongly [supports] the continuation of processes for participatory democracy , which will eventually lead to the convocation of the National Constituent Assembly and the prior definition of the criteria and requirements for the women and men who will be its members." On 28 August, in response to

13608-472: The ruling in writing within five days. On 26 June the Supreme Court unanimously found that the president had not complied with 18 June order. It also found he was answerable to charges, brought by the Attorney General, for the crimes against the form of government, treason to the motherland, abuse of office and usurpation of functions that damaged the administration. To initiate the case, the Supreme Court appointed member Tomás Arita Valle, who, on 26 June, issued

13734-424: The same time the vote on whether to convene a constituent assembly would occur. Under constitutional law, the President of Honduras can amend the constitution without a referendum if a congressional majority exists. However, eight articles cannot be amended, including those related to term limits, the permitted system of government, and the process of presidential succession. Because the president can amend 368 of

13860-432: The social security system, poverty was reduced by almost 10% during two years of government, and direct state help was provided for 200,000 families in extreme poverty, with free electricity supplied to those Hondurans most in need. On 22 July 2008, Zelaya sought to incorporate Honduras into ALBA , an international cooperation organization based on the idea of social, political, and economic integration in Latin America and

13986-477: The state of law. The President of the National Congress was the next on the presidential line of succession because Vice-President Elvin Santos had earlier quit to run in the 2009 elections. The President of the National Congress was Roberto Micheletti , a member of Zelaya's party. By a show of hands, the National Congress – the majority of whom belonged to Zelaya's own Liberal party – named Micheletti to complete

14112-404: The title of Executive can not be President or Vice President of the Republic, and the person that breaks this regulation or proposes its amendment, as well as those who assist him directly or indirectly, will cease immediately to hold their respective offices, and will be disqualified for ten years from holding any public office. Article 373 states, "The reform of the Constitution can be decreed by

14238-405: The vicinity of the presidential residence in the west, and the airport, in the south. There is some doubt, however, that Zelaya ever actually fired Vásquez. CNN news on 27 June reported that Zelaya on 24 June had said that he would fire Vásquez; but that on 26 June Zelaya said that he had never carried out his threat and the general had not been fired. "I didn't do it", he told CNN. The Congress,

14364-435: Was a political dispute over plans to either rewrite the Constitution of Honduras or write a new one. Honduran President Manuel Zelaya planned to hold a poll on a referendum on a constituent assembly to change the constitution . A majority of the government, including the Supreme Court and prominent members of Zelaya's own party, saw these plans as unconstitutional as they could lead to presidential reelection, which

14490-512: Was arrested following the coup. He remains in prison on charges of abuse of authority and embezzlement, charges he denies. Apart from Chimirri, Oscar Danilo Santos (the former manager of Hondutel), Jorge Rosa, and James Lagos are all charged in connection with allegedly committing crimes of abuse of authority, fraud and bribery having received bribes of $ 1.09 million U.S. from an international carrier in exchange for Hondutel providing that carrier lower rates than other firms. Auditor Julio Daniel Flores

14616-572: Was called Movimiento Esperanza Liberal (MEL). He received 52% of the 289,300 Liberal votes, vs. 17% for Jaime Rosenthal Oliva and 12% for Gabriela Núñez , the candidate of the Nueva Mayoría faction. Zelaya won the general election of November 27 with 918,669 votes, which accounted for 49.9% of voters, defeating the National party candidate Porfirio Lobo Sosa, who received 46.22% of the votes. During Zelaya's time in office, Honduras became

14742-476: Was charged for the lesser crime of violation of duties of officers. Zelaya came to international attention in June 2009 when he was overthrown in a military coup and forced into exile. The crisis that led to his removal from office centered around the question of whether changes would be made to the 1982 Honduran Constitution . Zelaya proposed a national poll to gauge interest in constitutional change, which provoked

14868-519: Was derived from labour unions and the nation's poor, while the middle and upper class feared Zelaya was seeking to establish Hugo Chávez 's type of socialist populism with a powerful leader in the country. Zelaya's government was accused of harassing journalists and also accused by the Organization of American States (OAS) of imposing "subtle censorship" in Honduras. According to The Economist , "Mr. Zelaya's presidency has been marked by

14994-416: Was forged. Roberto Micheletti , the President of Congress and next in the presidential line of succession, was sworn in as interim president and declared a " state of exception ", suspending civil liberties on 1 July and various curfews were imposed, some nationwide. On 21 September 2009, Zelaya returned in secret to Honduras, after several attempts to return had been rebuffed. It was announced that he

15120-766: Was greeted with applause in the national Congress. International bodies like the United Nations, the Organization of American States, and the European Union publicly condemned the events. U.S. President Barack Obama said, "We believe that the coup was not legal and that President Zelaya remains the President of Honduras." Hugo Chávez threatened to invade Honduras if the Venezuelan embassy or ambassador were attacked. Venezuela has said it would suspend oil shipments, and Honduras's neighbors—El Salvador, Guatemala and Nicaragua—suspended overland trade, and lifted

15246-478: Was in the Brazilian embassy in Tegucigalpa. The next day, the Micheletti government declared a state of emergency and suspended five constitutional rights for 45 days, specifically: The decree suspending human rights was officially revoked on 19 October 2009 in La Gaceta . These events garnered widespread condemnation as a coup d’état. The United Nations, the Organization of American States (OAS), and

15372-461: Was ousted because of his blossoming leftist alliance with President Hugo Chávez of Venezuela which they recognised as a threat to their interests. To the working-class, it appeared Zelaya was ousted because the elite felt threatened by his efforts to improve their lives – most notably with a 60% increase in the minimum wage to about US$ 9.60 a day from about $ 6 a day. Some who protested in support of Zelaya had never voted for him. Manuel Zelaya ,

15498-465: Was published in the official Gazette. The supposed advertisers paid no sales tax. The Supreme Audit Court's investigation of the advertising money raised concerns of irregularities . On 17 February 2009, at a public showcasing of tractor equipment received from Venezuela, Manuel Zelaya stated that he would propose a fourth ballot box. On 24 March 2009, Zelaya called for a preliminary poll to be held on 28 June 2009 to gauge popular support for including

15624-782: Was the Bay Islands and the Mosquito, which previously belonged to Britain, barricaded himself in the Fortress of San Fernando in Omoa and was shot in Trujillo on 12 September 1860, during the presidential General Jose Santos Guardiola , who was assassinated two years later, before the end of his term. Marco Aurelio Soto Came to power in 1876 and implemented liberal reforms in the country. These reforms of administrative, political, economic and social development, tried to spin 90 degrees to

15750-506: Was then brought to the air force base Hernan Acosta Mejia, and taken into exile in Costa Rica , precipitating the 2009 Honduran constitutional crisis . The reason given for the arrest order were charges brought by the Attorney General. The rationale of the order was to enable a statement before the Supreme Court. The decision to expatriate Zelaya was however taken by the military themselves, knowing full well that expatriation violated

15876-508: Was upheld by the Supreme Court. In late June, the intended consultative poll was also rejected by Congress. On 3 June, Congress passed a resolution warning Zelaya to correct his administrative conduct. On 11 June, the Bar Association of Honduras unanimously agreed that Zelaya was violating the law. It asked Zelaya to stop the illegalities and recommended officials not follow his illegal orders. On 23 June 2009, Congress passed

#58941