Dummy Guide To Honduras’ Removal of Zelaya

We are presenting this article written by Octavio Sánchez, (appeared on the CS Monitor Opinion section, http://www.csmonitor.com/2009/0702/p09s03-coop.html) as a Dummy Guide to the current situation in Honduras which is being called a coup d’etat but really is not.

A ‘coup’ in Honduras? Nonsense.

Don’t believe the myth. The arrest of President Zelaya represents the triumph of the rule of law.

Sometimes, the whole world prefers a lie to the truth. The White House, the United Nations, the Organization of American States, and much of the media have condemned the ouster of Honduran President Manuel Zelaya this past weekend as a coup d’état.

That is nonsense.

In fact, what happened here is nothing short of the triumph of the rule of law.

To understand recent events, you have to know a bit about Honduras’s constitutional history. In 1982, my country adopted a new Constitution that enabled our orderly return to democracy after years of military rule. After more than a dozen previous constitutions, the current Constitution, at 27 years old, has endured the longest.

It has endured because it responds and adapts to changing political conditions: Of its original 379 articles, seven have been completely or partially repealed, 18 have been interpreted, and 121 have been reformed.

It also includes seven articles that cannot be repealed or amended because they address issues that are critical for us. Those unchangeable articles include the form of government; the extent of our borders; the number of years of the presidential term; two prohibitions – one with respect to reelection of presidents, the other concerning eligibility for the presidency; and one article that penalizes the abrogation of the Constitution.

During these 27 years, Honduras has dealt with its problems within the rule of law. Every successful democratic country has lived through similar periods of trial and error until they were able to forge legal frameworks that adapt to their reality. France crafted more than a dozen constitutions between 1789 and the adoption of the current one in 1958. The US Constitution has been amended 27 times since 1789. And the British – pragmatic as they are – in 900 years have made so many changes that they have never bothered to compile their Constitution into a single body of law.

Under our Constitution, what happened in Honduras this past Sunday? Soldiers arrested and sent out of the country a Honduran citizen who, the day before, through his own actions had stripped himself of the presidency.

These are the facts: On June 26, President Zelaya issued a decree ordering all government employees to take part in the “Public Opinion Poll to convene a National Constitutional Assembly.” In doing so, Zelaya triggered a constitutional provision that automatically removed him from office.

Constitutional assemblies are convened to write new constitutions. When Zelaya published that decree to initiate an “opinion poll” about the possibility of convening a national assembly, he contravened the unchangeable articles of the Constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent.

Our Constitution takes such intent seriously. According to Article 239: “No citizen who has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform [emphasis added], as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.”

Notice that the article speaks about intent and that it also says “immediately” – as in “instant,” as in “no trial required,” as in “no impeachment needed.”

Continuismo– the tendency of heads of state to extend their rule indefinitely – has been the lifeblood of Latin America’s authoritarian tradition. The Constitution’s provision of instant sanction might sound draconian, but every Latin American democrat knows how much of a threat to our fragile democracies continuismo presents. In Latin America, chiefs of state have often been above the law. The instant sanction of the supreme law has successfully prevented the possibility of a new Honduran continuismo.

The Supreme Court and the attorney general ordered Zelaya’s arrest for disobeying several court orders compelling him to obey the Constitution. He was detained and taken to Costa Rica. Why? Congress needed time to convene and remove him from office. With him inside the country that would have been impossible. This decision was taken by the 123 (of the 128) members of Congress present that day.

Don’t believe the coup myth. The Honduran military acted entirely within the bounds of the Constitution. The military gained nothing but the respect of the nation by its actions.

I am extremely proud of my compatriots. Finally, we have decided to stand up and become a country of laws, not men. From now on, here in Honduras, no one will be above the law.

Octavio Sánchez, a lawyer, is a former presidential adviser (2002-05) and minister of culture (2005-06) of the Republic of Honduras.


Get your News about Honduras at www.in-honduras.com

5 thoughts on “Dummy Guide To Honduras’ Removal of Zelaya

  1. I salute the people of Honduras for getting rid of ANY Politician that tries to disobey the law and change the countries Constitution; without the peoples vote!

  2. While I am sure this will not be allowed to remainf on this site, I will make this statement. It is clear that the operators of this In-Honduras.com site are in alliance with the enemies of Honduran democracy. It is incumbent upon the United States, President Obama, and the leaders of the world to not accept the legitimacy of the illegal government of coup-inheritor Michelleti. It is also incumbent upon the democracy-loving people of Honduras, especially the poor who most benefitted from the newfound Bolivarian democracy movement in the country to continue their struggle to regain democracy — in both the street and the halls of justice. You must understand that the world is watching, and this could be a turning point in the history of the Americas — will democracy be respected, or will we return to the caudillo days? We must not allow democracy to be tread upon in even one country in the Americas.

  3. Thanks for your refreshing & effective perspective of (what should be) an internal Honduran affair.
    Your readers may be interested in my “HONDURAS: 3 Open Letters to Rush Limbaugh” at http://yenom.biz
    The 4th comment to the above cites this blog “For good details and a truly supportive stance with the Honduran Constitution, Congress & Courts”.

  4. I wanted to commend you for allowing the comment posted by “Commander Ritxhi”. He is clearly for Zelaya due to a religiously unthinking fixation with the god “Democracy”. While the Commander takes the broad easy road touted by the current troubled majority, his perspective (of democarcy) happens to clash with over 90% of the elected Honduran Congress not to mention the Supreme Court. If Honduras was simply left on her own without so much outside interference, then things here would be moving ahead better than ever.

  5. Pingback: Glenn Flowers

Leave a comment

Your email address will not be published. Required fields are marked *