HONDURAS THIS WEEK
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Part 1: To coup or not to coup? That is the question
Written by F.W. Blake Wednesday, 12 August 2009 12:06
The International Media and International Community have quickly and swiftly condemned the actions that transpired on June 28th in Honduras as a military coup. By doing so, they fail to understand at its most basic level and principle what a coup d’état is, and the elements which characterize it. What follows is my personal attempt at a brief and concise explanation aimed at clarifying this ghastly oversight. A coup d’état, in its most general sense, can be defined as the violent, forceful and sudden removal of a legitimate government by the military, and its replacement by a new civil or military government. Throughout human history political scholars, historians and analysts have classified different types of coups in an attempt to differentiate them in cause and form.
1.Breakthrough coup d’état: enacted by junior officers (colonels or lower rank) or noncommissioned officers (sergeants), essentially a mutiny led by a minority group of the military aimed at overthrowing the legitimate government and the military’s top commanding officers. The most recent example is Hugo Chavez who in 1992, as a lieutenant colonel in the Venezuelan army, led a breakthrough coup d’état against then president Carlos Andres Perez.
2.Veto coup d’état: enacted by the military’s top commanding officers, the army rejects or vetoes the people’s right to govern themselves and starts a large scale campaign aimed at repressing, controlling, and killing the popular masses. The most recent example is Pinochet and the Chilean military coup, who in 1973 removed Communist-Socialist President Salvador Allende from power.
3.Guardian coup d’état: enacted by the military’s top commanding officers and aimed at restoring or improving public order, government efficiency, and ending corruption as military officers temporarily assume public office. It is seen by its executors as an unfortunate necessity but necessary evil, and generally does not cause any fundamental changes in the structures of power or government. One example is Argentina between 1930 in 1980.
4.Self coup d’état: enacted by the country’s democratically elected leaders, usually its Head of State, and aimed at dissolving one or more of the three branches of government (legislative, judicial, and executive), usually by annulling the current constitution, drafting a new one, and granting dictatorial powers to the Head of State. The most recent example is former President of Peru Alberto Fujimori, who in 1992 attempted to exercise absolute power over his government by controlling the judicial and legislative branches. Historically the most infamous is Charles Louis Napoleon Bonaparte, nephew of Napoleon I, who in 1851 as the first president of the French Republic became Emperor Napoleon III.
5.Bloodless coup d’état: in the absence of bloodshed, and when the mere threat of violence suffices to depose the legitimate government, all of the above may be further classified as a bloodless coup d’état.
6.Pronunciamiento(The Pronouncement): a term derived from the Spanish language, it differs in form and function from any of the previous. Enacted by the military and aimed at deposing the current civil government with the purpose of installing a new civil government. The new civil government respects the previous structure and form of government, and the military’s commanding officers usually do not assume any roles in the new civil government.
At this point it is noteworthy to mention that the English language lacks a native term to properly denote a coup d’état, and perhaps this has only added and contributed to the existing confusion and misrepresentation of the situation in Honduras. We must remember the term coup d’état in its current state was adopted from the French, and as such has its etymological roots in classic Latin and modern French; where coup is derived from the Latin collaphus, meaning a "stroke or blow with a fist", and d’état is derived from French meaning "of state". Thus the inclusion of the word in the English language and the poor understanding of its origin by the general population is an inherent cause for its misuse; as a non native term it lends itself to a great deal of inflexibility in its semantic use.
Many around the world have been swift to vibrantly and energetically condemn the actions that transpired in Honduras as simply a military coup, failing to make an analytical, logical and scholarly use of the proper terminology detailed above. Such behavior can only be seen as partial, reckless, uninformed and naïve, for they as well as the leaders and citizens of this world have and share the responsibility to see the facts as they are, objectively and without prejudice, and to only pass judgment once they have conducted a proper analysis. What follows is an analysis of what happened in Honduras before and on June 28th 2009, but first we must state in chronological order the facts.
Part 2: Mel fought the law, and the law won
Written by F.W. Blake Wednesday, 12 August 2009 12:06
November 27th 2005: Mr. Manuel Zelaya a member of the Liberal Party of Honduras wins the elections with a majority of the votes and is democratically elected as President of Honduras.
January 27th 2006: Mr. Manuel Zelaya assumes office and before a crowd of over 50,000 and millions watching on TV says; "I swear to be loyal to the Republic of Honduras, and to fulfill and make fulfill the Constitution and its laws" (Article 322 of the Constitution). That same day he also announces his intent to create a secondary law called Power of the Citizens (Poder Ciudadano), a law which seeks to create a more participative democracy.
February 2006-June 2009: Over a three year span President Manuel Zelaya refuses to ratify or veto more than 96 bills sent by the National Congress. He begins to delegitimize, confront and isolate the National Congress.
August 3rd 2008: Mr. Rasel Tome, Director of the National Commission of Telecommunications (CONATEL) awards the frequency of channel 8 to the state; ignoring a Supreme Court ruling of May 2007 which had given Teleunsa, owned by businessman Elias Asfura, the right of frequency and usage of channel 8. The government of Mr. Zelaya needs the frequency of channel 8 to emulate other governments such as Venezuela and Nicaragua who also have the same frequency (channel 8), and use it to diffuse their ideals of Socialism of the 21st century.
August 25th 2008: President Manuel Zelaya formalizes his alliance with President Hugo Chavez of Venezuela by incorporating the Republic of Honduras into the Bolivarian Alliance for the Americas (ALBA). In front of the Presidential Palace, and with the attendance of presidents Hugo Chavez of Venezuela, Daniel Ortega of Nicaragua and Evo Morales of Bolivia, he delivers a speech in which he says, "Some have said that it is dangerous to speak of a left center government, if they don’t like the center part of it, they can remove it."
September 15th 2008: President Manuel Zelaya and Secretary of Finance Rebecca Santos fail to submit to the National Congress a National Budget for the fiscal year of 2009. Disregarding article 367 of the Constitution of Honduras which states: "The National Budget must be submitted by the Executive Branch to the National Congress within the first 15 days of the month of September of each year."
October 2008: Without a national budget the Executive Branch proceeds to install the first ever state run TV channel, channel 8, called the Channel of the Power of the Citizens (El Canal del Poder Ciudadano). The channel begins to promote President Manuel Zelaya’s personal agenda.
March 23rd 2009: Channel 8, the state run channel created by Mr. Manuel Zelaya, begins a 24/7 campaign promoting the Project of the Fourth Ballot. It starts a massive nationwide campaign aimed at encouraging the general population to support Mr. Zelaya’s project for a Fourth Ballot Box (Proyecto de la Cuarta Urna). Television commercials are aired on all major channels; the source of the funds for this publicity campaign is unknown.
March 24th 2009: By issuing Presidential decree PCM-05-2009 President Manuel Zelaya calls for an electoral vote to be held on June 28th 2009, called Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), with the goal of installing a fourth ballot box during the General Elections of November 29, 2009. The question to be voted on was as follows: Do you agree that in the General Elections of 2009, a fourth ballot box be installed to decide on the creation of a National Constituent Assembly to draft a new Political Constitution? Yes or No? The Presidential Decree assigned the task of this electoral vote to the National Institute of Statistics (Instituto Nacional de Estadisticas). President Zelaya claims the electoral vote is not legally binding. Many confirm their fears that President Zelaya seeks to extend his presidential term by calling for a new constitution.
Note: For a law passed by the National Congress or a Presidential Decree issued by the President to be considered legal and in full effect it must first be published in the Official Journal The Gazette (Dario Oficial La Gaceta). Mr. Zelaya purposely and deliberately chose not to publish Presidential Decrees PCM-05-2009 and PCM-19-2009 to avoid criminal prosecution by the competent authorities.
March 24th 2009: When asked by the media if the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) seeks to extend his term, President Zelaya responds, "I believe in a democracy and the question has to be asked to the people. It is they who have to answer, no one else."
March 25th 2009: The District Attorney’s Office holds a press conference in which it warns the Executive Branch of the Illegality of the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), stating that Presidential decree PCM-05-2009 is fictitious, illegal and unconstitutional. It warns that "...all public officials who participate in this project will be subject to a penal and criminal investigation. Neither the Constitution nor its laws grant the President the faculty to conduct any kind of electoral vote, a right reserved exclusively to the Supreme Electoral Tribunal (Tribunal Supremo Electoral).
March 25th 2009: The President of Honduras Manuel Zelaya responds by saying, "The project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) will continue and no one can stop it", a phrase he would reiterate numerous times.
May 2009: President Manuel Zelaya orders all 17 members of his Cabinet to travel across the country to promote the project for the Fourth Ballot Box (Proyecto de la Cuarta Urna), choosing to ignore the 7.1 earthquake that hit the north coast of Honduras, and the rise in confirmed cases of Swine Flu.
May 4th 2009: The Executive Branch and the Secretary of Finance Ms. Rebecca Santos, not having submitted a National Budget for 2009, stop all disbursements to the National Congress and the District Attorney’s Office. President Zelaya is quoted as saying, "I will only send them enough for their cups of coffee." Many see this as a reprisal for not supporting President Manuel Zelaya’s illegal electoral vote.
May 8th 2009: As established by Title IV, Chapters I and II, Articles 182-186 of the Constitution of the Republic of Honduras the District Attorney’s Office (Mr. Luis Rubi) in coordination with the Atty. General of the Republic of Honduras (Mrs. Rosa Miranda) file an ordinary lawsuit (File No. 51-2009) for Protection of Constitutional Rights and Guarantees in the Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo). The lawsuit requests that the administrative act carried out by the Executive Branch be suspended as it infringes upon the Constitution and its laws.
May 11th 2009: The Executive Branch hires prominent Spanish constitutional lawyer Mr. Jose Vinicio Pastor to begin drafting a new constitution, he had recently participated in drafting the new constitution of Ecuador (member of the ALBA), which in September of 2008 allowed current President Rafael Correa to extend his presidential term until 2013. The Executive Branch denies hiring Mr. Jose Vinicio Pastor, and claims he is only in Honduras as a legal counselor; others see it as a confirmation that President Zelaya intends to extend his presidential term.
May 26th 2009: President Manuel Zelaya, knowing his Decree would be declared null by the court, issues a second Presidential Decree PCM-19-2009 in which he changes its name from Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) to Popular Vote (Consulta Popular). Aside from the change in names this Presidential Decree remains exactly the same as Presidential Decree PCM-05-2009.
May 27th 2009: The Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo) emits a resolution through Judge Jorge Alberto Zelaya establishing that Presidential Decree PCM-05-2009 is illegal and unconstitutional and poses a threat to the Rule of Law in Honduras; on the basis that the Executive Branch is not entitled by law to directly conduct, promote, organize or finance any kind or type of electoral voting process. The court points out that the National Institute of Statistics (Instituto Nacional de Estadisticas) is not the competent institution for such a task and further clarifies that such an attribute belongs exclusively to the Supreme Electoral Tribunal (Tribunal Supremo Electoral), an independent and decentralized institution of the government whose sole purpose is to conduct, promote and organize a transparent and legal electoral voting process. The resolution also urges the Secretary of the Presidency to inform President Manuel Zelaya of the court’s ruling and to abstain, terminate and suspend all actions related to this project. The legal backbone of the resolution are articles 5, 80, 82, 90, 245, 303, 304, and 305, of the Constitution of the Republic of Honduras, and articles 1, 11, 40 and 137 of the Law of Organization and Attributes of the Courts (Ley de Organizacion y Atributos de los Tribunales).
May 29th 2009: The Court of First Instance of Administrative Law (Juzgado de Letras de lo Contencioso Administrativo) emits a second resolution through Judge Jorge Alberto Zelaya stating that Presidential Decree PCM-19-2009 simply changes the name of the project and that the character, nature and intention of the administrative act of the Executive Branch remains same and is therefore still illegal, unconstitutional and a threat to the Rule of Law.
May 29th 2009: The Executive Branch, ignoring the previously mentioned judicial resolutions, issues Presidential Decree PCM-027-2009, in which it orders the Armed Forces of Honduras (FFAA) to give logistical support to the Popular Vote (Consulta Popular), previously known as the Project of the Fourth Ballot Box (Proyecto de la Cuarta Urna).
May 29th 2009: The Supreme Electoral Tribunal (Tribunal Supremo Electoral) summons the general population to participate in the General Elections to be held, as they traditionally are, on
November 29, 2009 to elect a new President, 298 Mayors and 128 congressmen/congresswomen. This despite not having received over 500 million Lempiras to begin preparations for the electoral process due to the inexistence of a National Budget on behalf of the Executive Branch. There is no mention of President Zelaya’s project for a Fourth Ballot Box.
June 3rd 2009: The Court of First Instance of Administrative Law issues a judicial notice through Judge Jorge Zelaya informing the office of the President the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27th. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling.
June 19th 2009 9:00 AM: The Court of First Instance of Administrative Law issues a second judicial notice through Judge Jorge Zelaya informing the dispatch of the Secretary of the Presidency the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27 and May 29 of 2009, and states that failure to abide will result in the application of article 349 of the Penal Code. The document was signed and sealed as received by the dispatch of the Secretary of the Presidency on June 19, 2009 at 10:30am by Claudia Flores. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling for a second time.
June 19th 2009 2:00 PM: The Court of First Instance of Administrative Law issues a third judicial notice through Judge Jorge Zelaya informing the dispatch of the Secretary of the Presidency the illegality of Presidential Decree PCM-05-2009 and PCM-19-2009. The notice also requests compliance with the court’s rulings of May 27 and May 29 of 2009, and states that failure to abide will result in the application of article 349 of the Penal Code. The document was signed and sealed as received by the dispatch of the Secretary of the Presidency on June 19, 2009 at 3:55pm by Claudia Flores. President Manuel Zelaya refuses to acknowledge and abide by the court’s ruling for a third time.
June 24th 2009 9:00 PM: President Manuel Zelaya meets with the head of the Armed Forces of Honduras (Gen. Romeo Vasquez Velasquez), Fleet Admiral of the Navy (Commander Juan Pablo Rodriguez), Field Marshall of the Army (Gen. Miguel Angel Garcia Padget), Air Force Marshall (Commander Luis Javier Prince), and the Secretary of Defense Mr. Edmundo Orellana. As Commander in Chief of the Armed Forces of Honduras, President Zelaya orders the above mentioned officers to give logistical support and to distribute and escort the ballot boxes for the electoral vote to be held on June 28, 2009 (Proyecto de la Cuarta Urna). The officers explain to President Zelaya that they cannot participate in an activity which has been declared illegal by the Judicial Branch, and all five proceed to resign from their posts.
June 24th 9:55 PM: On national television President Zelaya announces that he has relieved Gen. Romeo Vasquez Velasquez from his post, for failing to obey a direct order from himself, the Commander in Chief.
June 25th 2009 8:00 AM: Mr. Manuel Rodrigo Mazariegos Zuniga (private lawyer) and Mr. Rene Aceituno Ulloa, the acting Special District Attorney for Constitutional Matters, file before the Supreme Court an action for the protection of Constitutional Rights and Guarantees in favor of Gen. Romeo Vasquez Velasquez (Supreme Court register no. 881-09 and 883-09).
June 25th 2009 11:00 AM: A Venezuelan airplane lands at international Airport Toncontin with the authorization of President Zelaya. The plane carries 814 boxes filled with electoral material to be used for the electoral vote on June 28th 2009.
June 25th 2009 12:00 AM: The Supreme Court unanimously declares that the removal of Gen. Romeo Vasquez Velasquez from his post is illegal, and as such is null and without validity and effect. The Supreme Court’s resolution sites articles 183, 245, 278, 280, 303, 313 numeral five, 316, 321, and 323 of the Constitution of the Republic of Honduras and article 40 of the Law of the Armed Forces.
Article 278: All orders given by the President of the Republic of Honduras to the Armed Forces must be in compliance with the Constitution of the Republic and the principles of legality, discipline and military professionalism. Article 321: All who hold public office only have the powers granted expressively by the law. All actions executed outside the rule of law are null and carry responsibilities.
Article 323: Public officials are depositaries of authority, and legally responsible for their official conduct, subject to the law and never above it. No public official, employee, civil or military, is obligated to carry out orders that are illegal or that imply committing a crime.
June 25th 2009 12:35 PM: The District Attorney’s Office and the Supreme Electoral Tribunal proceed to impound the 814 boxes of electoral material and deposit them in a warehouse of Air Force Base Hernan Acosta Mejia.
June 25th 2009 3:00 PM: At the Presidential Palace, President Manuel Zelaya gives an hour long speech before 3000 of his followers. He calls for a revolution, incites them to violence, and to participate in an illegal act by saying "I have a special mission for you, I cannot say where, but there are buses available for all those who wish to follow me." They arrive at Air Force Base Hernan Acosta Mejia and amongst shouts and insults demand to be allowed entrance. To avoid a violent confrontation the military personnel of the base proceeds to open the gates. Zelaya and his followers remove the 814 previously impounded boxes and transport them to the Presidential Palace, once again defying the judicial authorities.
June 25th 2009 5:45 PM: Having lost the cooperation of the Armed Forces of Honduras, President Manuel Zelaya uses state owned vehicles and state personnel to begin distribution of the electoral material across the country.
June 25th 2009 (Time Unknown): In a secret meeting with his cabinet, President Manuel Zelaya issues presidential Decree PCM-20-2009 annulling decrees PCM-05-2009 and PCM-19-2009. The new Decree states: "All dependencies and organs of Public Administration, Secretaries of the State, centralized and decentralized institutions are instructed to incorporate and actively execute all assigned tasks to carry out the project known as: Survey of Public Opinion to summon a National Constituent Assembly; which is considered an official activity of the Government of the Republic of Honduras." He continues to push for an electoral vote by asking the population to fill out a ballot with the following question: Do you agree that in the General Elections of 2009 a Fourth ballot box be installed so the people can decide to summon a National Constituent Assembly? Yes or No. It is signed by President Manuel Zelaya and 17 of his cabinet members; and is sent to the Official Journal the Gazette (Dario Oficial La Gaceta) to be printed and published.
June 25th 2009 (Time Unknown): Presidential Decree PCM-20-2009 is published in the Official Journal the Gazette (Dario Oficial La Gaceta) and is made available to the public the following day.
June 25th 2009 6:00 PM: The District Atty. (Mr. Luis Rubi) files for a bill of indictment before the Supreme Court against Citizen Jose Manuel Zelaya Rosales; for being presumed responsible for the crimes of: High Treason, Against the Form of Government, Abuse of Authority, and Usurpation of Powers, in harm of Public Administration and the State of Honduras. In the indictment he requests a search warrant for the domicile of Mr. Zelaya, to prevent the destruction of evidence pertinent to the case (Article 278 of the Penal Code), and a detainment order to prevent a possible escape. He suggests that the detainment order be carried out by the Armed Forces of Honduras and not the police, citing a possible conflict of interest with the Secretary of Security in charge of the National Police (a public official handpicked and under the direct command of the President, Article 33 Law Of Public Administration), and the obligation of the Armed Forces to enforce the laws and the Constitution.
June 26th 2009: The National Congress of Honduras calls an emergency session and by a unanimous vote agrees to form a commission to investigate the administrative behavior of President Manuel Zelaya.
June 26th 2009: The Supreme Court issues an arrest warrant for Citizen Manuel Zelaya and a search warrant for his domicile located in Colonia Tres Caminos, an upper class residential area in Tegucigalpa. The arrest warrant is given to the head of the Armed Forces General Romeo Vasquez Velasquez, and the search warrant to Lieutenant Colonel Rene Hepburn, who deliberate for 36 hours on how to carry them out.
June 27th 2009: The Judicial Branch and the Supreme Electoral Tribunal (Tribunal Supremo Electoral) encourage the population to not participate in an illegal electoral vote.
June 28th 2009 5:00 AM: The illegal electoral vote project for a Fourth Ballot Box begins and thousands of Mr. Manuel Zelaya’s followers begin to cast their votes across country.
June 28th 2009 5:00 AM: A military unit is dispatched to execute the arrest warrant on Mr. Manuel Zelaya and arrive at his house at 5:25 AM.
June 28th 2009 5:45 AM: Mr. Manuel Zelaya is arrested and taken to Air Force Base Hernan Acosta Mejia. June 28th 2009 6:00 AM: Mr. Manuel Zelaya is put on an airplane and flown to Costa Rica.
June 28th 2009 6:05 AM: The National Police is ordered by the Supreme Court to stop the illegal electoral vote, and proceeds to impound all the ballots and ballot boxes as criminal evidence to be used in a trial against Citizen Mr. Manuel Zelaya.
June 28th 2009 7:54 AM: The National Congress begins session, and the commission created to investigate the administrative conduct of President Zelaya concludes that he infringed upon the Constitution and its laws and should therefore be removed from office.
June 28th 2009 9:45 AM: Mr. Manuel Zelaya claims before the International Media present in San Jose, Costa Rica that he is the legitimate President of Honduras and that he has been the victim of a military coup.
June 28th 2009 10:54AM: Mr. Rodolfo Hugo Gil, permanent ambassador to the Organization of American States (OAS) for Argentina, calls the events that occurred in Honduras a military coup, and demands that Mr. Manuel Zelaya be reinstated within 24 hours.
June 28th 2009 10:59 AM: All 15 members of the Supreme Court of Honduras in a nationwide broadcast explain to the general population that Mr. Manuel Zelaya was constitutionally removed from office. Explaining that he failed to abide by and respect a judicial resolution numerous times, attempted to hold an illegal electoral vote, and in doing so violated the Constitution of Honduras and its laws and is subject to civil and criminal prosecution.
June 28th 2009 1:45 PM: The National Congress unanimously votes and designates Mr. Roberto Michelettti as the President of the Republic of Honduras, respecting the line of succession established in Article 241 of the Constitution of Honduras. The voting was as follows: 62 Liberal Party (Mr. Zelaya’s own party), 55 national Party, 3 Christian Democracy and 2 Party of Innovation and Unity (PINU) for a total of 122 in favor and 0 against. In his inaugural speech President Roberto Michelettti commits to act as an interim president for 6 months, improve the political situation of the country and to guarantee the General Elections of November 2009.
June 28th 2009 2:00PM: The District Attorney’s Office impounds 43 computers in a building leased by the Secretary of the Presidency across the street from the Presidential Palace. The computers contain the final voting results of the project for a Fourth Ballot Box (Proyecto de la Cuarta Urna), an electoral vote that was never held; not surprisingly the results massively favored the creation of a National Constituent Assembly . This information was not made public until July 7th 2009.
June 28th 2009 6:58 PM: All 8 Presidents members of the Bolivarian Alternative for the Americas (ALBA) condemn the removal of Mr. Manuel Zelaya as a military coup and demand his immediate reinstatement.( Most notably: Hugo Chavez-Venezuela, Rafael Correa-Ecuador, Evo Morales-Bolivia, the Castro brothers-Cuba and Daniel Ortega-Nicaragua) Mr. Hugo Chavez goes farther saying " I will overthrow the de facto government, mark my words I will overthrow them no matter what."
June 29th 2009: New interim President Roberto Micheletti begins to name the members of his new Cabinet, the former members of the Cabinet of Manuel Zelaya, for unknown reasons, fled upon the arrest and exile of Mr. Zelaya.
All the events described above point to one thing: a legitimate and legal process was followed, culminating in the removal of Mr. Manuel Zelaya from the Presidency, and the subsequent constitutional succession of the Presidency by Mr. Roberto Micheletti. Mr. Zelaya repeatedly violated the Constitution of his country, ignored judicial resolutions, openly confronted and mocked the legislative and judicial branches, and stubbornly insisted on holding an illegal electoral vote. What other outcome could be expected from such behavior? I see no other, as he refused numerous times to change or reconsider his plans, ideas, views, intentions and to follow the legally established path to hold and electoral vote; described in part 3 of this article.
Part 3: A referendum?
Written by F.W. Blake Wednesday, 12 August 2009 12:06
The international community has constantly referred to Mr. Zelaya’s Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) as a referendum. Let me make it clear that it is not a referendum.
Article 5 of the Constitution of Honduras states "The government must uphold the principle of a participative democracy with the finality of achieving national integration, it involves the participation of all political sectors in the public administration of the State, with the goal of ensuring and strengthening the progress of Honduras and based on political stability and national conciliation. See Decree 242-2003, dated January 20, 2004, and titled:
Constitutional Reform: Referendum.
" The constitutional reform to article 5 of the Constitution reads as follows:
To strengthen and enforce the concept of a participative democracy the instrument known as Referendum is hereby established to consult all citizens on matters considered important to national interests. A special law approved by 2/3 of the members of Congress shall determine the procedures, requirements, and other aspects necessary to the execution of this popular vote.
The Referendum can be summoned based on an Ordinary Law, a Constitutional norm or its previously ratified reform to be approved or disapproved by all citizens.
By request of at least 10 members of Congress, The President of the Republic in a joint effort with his Cabinet, or 6% of all registered voters, the National Congress will acknowledge and discuss such a request; and if approved by 2/3 of its members will issue a decree to determine the extent and limit of the popular vote, ordering the Supreme Electoral Tribunal (Tribunal Supremo Electoral) to summon all citizens to participate in the referendum.
It is the sole responsibility of the Supreme Electoral Tribunal (Tribunal Supremo Electoral) to summon, organize and direct the popular vote mentioned in the previous paragraphs. The referendum cannot be used to reform Article 374 of this constitution. Likewise it cannot be used to consult the population on matters related to Taxes, Public Credits, Amnesties, the National Currency, Budgets, and International Treaties or Agreements.
After reading the above it should be perfectly clear that Mr. Manuel Zelaya’s project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) was not a referendum, and that a referendum is the only legally established way to conduct a popular vote to consult the general population. Mr. Manuel Zelaya’s project was something not legally contemplated by the Honduran Judicial System, and prohibited by the Constitution and its laws, and therefore illegal.
Part 4: Conclusions
Written by F.W. Blake Wednesday, 12 August 2009 12:06
The Constitution of Honduras contains 379 articles, all which can be reformed or removed except for seven of them. These seven articles are known in Spanish as "articulos petreos", meaning that they cannot be altered or reformed in any way; they define the form of government, the national territory, and the extent and limit of presidential terms. So, 372 or 98.15% of the articles in the Constitution of Honduras can be legally reformed. So then, why did Mr. Manuel Zelaya so desperately insist on summoning a National Constituent Assembly to draft a new constitution? The answer is simple; he wanted to change the 7 irreformable articles and extend his presidential term, imitating Presidents such as Hugo Chavez of Venezuela and Rafael Correa of Ecuador. These irreformable articles or "articulos petreos" exist as the necessary consequence of the historical political instability in Latin America, where throughout its history many leaders have sought to stay in power indefinitely.
Now we move on to the question on everyone’s mind. Was Mr. Manuel Zelaya the victim of a coup d’état? Let’s see, contrary to what was first said by the International Media (whose only source of information at the time was Mr. Zelaya himself) the military is not in power in Honduras or controls any of the three branches of government or ever did for that matter, so that discards coups 1, 2, 3 and 5 (breakthrough, veto, guardian, and bloodless coup d’état); as they require that the military at one point control one or more of the branches of government. Next up we have the Pronouncement, which clearly states that after the coup d’état the military must establish a new civil government. In Honduras the Legislative Branch is composed of the same 128 congressmen/ congresswomen elected almost four years ago, and the Judicial Branch is composed of 15 Supreme Court judges elected by Congress on January of 2009, six months before the so called "coup d’état" occurred. So this also discards candidate number 6 the Pronouncement, and that only leaves candidate number 4, a self coup d’état, and this my friends is where the plot gets thicker than grandma’s good old gravy.
We must now proceed to breakdown the definition of a self coup d’état, so the reader may see that it fits like a glove. A Self coup d’état is usually enacted by the country’s democratically elected leaders, usually its Head of State. -In this case President Manuel Zelaya himself.
And aimed at dissolving one or more of the three branches of government (legislative, judicial, and executive).-In this case the Legislative and Judicial branches who opposed his illegal electoral vote. Remember how he refused to approve a National Budget, refused to ratify or veto more than 96 bills over a three year span, and refused to provide the National Congress with the disbursements they were legally entitled to; remember him saying, "I will only give them enough for their cups of coffee." Remember how he repeatedly chose to ignore and not abide by the rulings and judicial notices issued by the Supreme Court. Surely Mr. Zelaya was not very fond of the two other branches of the government.
Usually by annulling the current constitution, drafting a new one, and granting dictatorial powers to the Head of State.- The famous project for Fourth Ballot Box (Proyecto de la Cuarta Urna), an illegal and unconstitutional electoral vote promoted by President Manuel Zelaya. Its sole purpose was to install a National Constituent Assembly (annulling the current constitution) and drafting a new one (the lawyer from Spain), which would dissolve the existing Legislative and Judicial branches, replace them with new ones to his liking; and extend the presidential term indefinitely. In essence it would change the form of government of Honduras.
Thankfully Montesquieu’s checks and balances prevailed. The fourth ballot box was nothing more than a self coup d’état disguised as democracy, a ballot box filled with predetermined votes (remember the 43 computers impounded on June 28).
Indeed there was a coup d’état in Honduras on June 28th, a self coup d’état, one which did not culminate, and one the International Media does not speak of for reasons that truly baffle the bounds of human logic. For after analyzing the facts it is evident and obvious.
Some might still argue that on June 28th Mr. Manuel Zelaya was the victim of a coup d’état, as he was forcefully exiled from Honduras at gunpoint by the military, a version which currently predominates amongst the International Media. It is interesting how Mr. Zelaya cunningly limits himself to only telling a part of the story, and for those who believe him and have chosen not to search for the truth, here is what he will never willingly admit:
Article 239: The citizen, who has served as head of the Executive Branch, shall not serve again as President or Vice-President of the Republic. He who violates this disposition or proposes its reform, as well as all those who support him directly or indirectly, shall immediately cease in the functions of their respective posts, and will be disabled for a period of 10 years to hold any public office.
President Manuel Zelaya proposed and even began to carry out a constitutional reform with his project of a Fourth Ballot Box (Proyecto de la Cuarta Urna) on June 28th. A reform which sought to change the 7 irreformable articles also known as "articulos petreos", in an attempt to extend his presidential term. Thus he clearly violated article 239, and on June 28th at exactly 5:00 AM when the illegal electoral vote began he removed himself from office through his own unconstitutional actions. The man who was arrested and then exiled was not the President of the Republic of Honduras; he was an ordinary citizen, nothing more nothing less. So if a president was not forcefully removed from office and exiled, how can we have a military coup? We simply cannot, it truly is as simple as that; the truth is enlightening isn’t it?
Article 102: No Honduran citizen can be expatriated or handed over by the authorities to a foreign state.
Many will argue that when Mr. Manuel Zelaya was put on plane and flown to Costa Rica he was exiled, and article 102 of the Constitution of Honduras was violated along with his personal constitutional rights and guarantees. Indeed they have a strong and valid point, but once again they purposely fail to tell the whole story; for the Constitution of Honduras is far wiser in its ways.
Article 42: The status of citizenship is lost when: 4) Restricting the liberty to vote, altering electoral documents, or employing fraudulent means to undermine the will and the vote of the people.
5) Inciting, promoting, or supporting the continuance or reelection of the President of the Republic of Honduras.
It seems that when the story is told in its entirety the situation becomes clearer. Mr. Manuel Zelaya employed fraudulent means to undermine the vote of the people to his own benefit, in this case his own people, his followers (the 43 computers impounded on June 28th). For a period of over six months he publicly and repeatedly incited, promoted and supported his own continuance and his own reelection to the Presidency. The Honduran citizenship of the man who was flown and exiled to Costa Rica is obviously in serious doubt.
The story of Mr. Manuel Zelaya is the story of a man obsessed with power, so obsessed that he believed himself to be superior to the Legislative and Judicial branches of his country and sought recklessly his continuance in power. Currently he has several pending trials in Honduras, and perhaps the best way to resolve the Honduran political crisis is for Mr. Zelaya to turn himself in to the judicial authorities, and to not campaign the Western Hemisphere clamoring "coup d’état".
In the end the Honduran people have taught us and reminded us something we have taken for granted and forgotten long ago, to defend our Freedom, our Constitution and its Laws; and that no man -not even a President- is above the Law. For this they should be congratulated and applauded, and not condemned by the International Community. I would like to thank you, the reader, for taking the time to read this article. My most sincere thanks.
F.W. Blake
See also…
http://hondurasnews.com/2009/09/03/us-to-halt-all-non-humanitarian-aid/
http://www.openmarket.org/2009/09/03/aid-to-honduras-cut-off-despite/
http://www.openmarket.org/2009/09/02/obamas-sanctions-cause-suffering-malnutrition-and-unemployment-in-honduras/
http://in-honduras.com/wordpress/?p=51
Glenn Flowers