Politics

Breaking News: New president in Honduras; Constitutional check, or illegal coup?

delete me.

Posted to Politics on Mon Jun 29, 2009 at 08:37:52 AM EST (promoted from Diaries by port1080). RSS.

"What was done here was a democratic act," said Mr. Micheletti, who was sworn in as president Sunday afternoon, to an ovation. "Our constitution continues to be relevant, our democracy continues to live."

Looks like the Honduran president tried to push through an illegal vote to extend his term limit (ruled by the judiciary as illegal), was ousted by the military, and replaced with a new president by the legislature. Talk about checks and balances!

I wonder if what happened is layed out in the Honduran constitution, or if the presidential reach for more power panicked the other branches?

I'm somewhat worried since I do have friends in Honduras. What's here is my own interpretation of this: If a constitution is meant to be protected to the point where it may not be replaced by a new constitution, then perhaps the legislature and military of Honduras was right to oust President Manuel Zelaya.

The U.S.'s official response is that they only recognize Zelaya as Honduran president. The New York Times notes that Honduras has had a civilian government since 1982 (register to read link), but the military still exerts power behind the scenes.

Tags: edited by Port1080, written by delete me, politics, Honduras, coup (all tags)

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2

Problems of Democracy

port1080.

Mon Jun 29, 2009 at 09:16:58 AM EST

5.00 (interesting)

We have here one of the problems inherent in democracy - what do you do when the "people" freely vote for something/someone that will restrict their rights to have free and fair elections from then on out?  It's happened many times in Latin America, but also Turkey, Algeria, Pakistan, Gaza, Thailand, etc...the list is long.  What should established democracies do in such cases?  Do you support the voting public in their quest to restrict their own choices, or do you make a case for "forcing democracy" on them (often through a military coup of some sort...)?  I see no easy answers, but I think that for real, long term democracy to be established, the best solution is to let the people do what they will, even if in the short term it means tolerating people like Chavez being in power.  They must be given enough rope to hang themselves and be forced out by popular discontent.  Removing them through force just makes them martyrs, and de-legitimizes whatever rulers follow them.  In the short term this may maintain freedoms, but in the long term it can destabilize the country so thoroughly that it sets back democratization for a generation or more.

Ce n'est pas une pipe. C'est une signature.

5

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Re: Problems of Democracy

gerrymander.

Mon Jun 29, 2009 at 12:38:23 PM EST

none

what do you do when the "people" freely vote for something/someone that will restrict their rights to have free and fair elections from then on out?

That's almost exactly the opposite of what just happened in Honduras. Zelaya tried to pull off what his ally Chavez did in Venezuela, changing the law by executive edict to keep hold of the Honduran presidency beyond term limits. The army acted on orders of the courts to remove Zelaya, and installed an approved congressional appointee to hold the presidency until the general presidential election at the end of this year.

The only ones trying to restrict the Honduran people's rights are Zelaya and his cronies. Oh, yeah, and the Obama administration, which apparently can't stop sucking up to every dictator it can find in the name of "dialogue".

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Re: Problems of Democracy

port1080.

Mon Jun 29, 2009 at 12:48:51 PM EST

none

That's almost exactly the opposite of what just happened in Honduras. Zelaya tried to pull off what his ally Chavez did in Venezuela

Unless all the articles I'm reading are wrong, what he tried to do was put it up to a non-binding referendum.  Granted, even the referendum was ruled unconstitutional, but still, he was putting it to a vote first.  No one, that I'm aware, is claiming that he was attempting some kind of blatant autogolpe like Fujimori did in Peru.

Ce n'est pas une pipe. C'est une signature.

7

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Re: Problems of Democracy

gerrymander.

Mon Jun 29, 2009 at 01:03:16 PM EST

5.00 (compelling)

Granted, even the referendum was ruled unconstitutional, but still, he was putting it to a vote first.

He was insisting on placing the referendum to vote after it was ruled unconstitutional. As soon as he did that, he was no longer acting with the authority the office bestowed upon him. The Honduran court, congress and army were correct to turn him out.

12

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Re: Problems of Democracy

pO157.

Mon Jun 29, 2009 at 03:17:04 PM EST

5.00 (informative)

The courts forcing the President of Honduras into a life of deviant prostitution aside, I cannot believe Honduras doesn't have a process to remove an official via impeachment. Perhaps their framers were drunk on cuba libres at the West Bay when it was time to include that, but I doubt it. Why go for a military coup that throws away the progress of the past ~30 years in one night?

Then again I could be wrong. Perhaps they don't have that provision. All I know of their government is that the President was featured in a picture on every freaking public building or pitching the services of state companies wearing that sash like a tinpot African dictator. I hope he was doing the Mayor Quimby and sleeping in it and thus got to take it with him. It's a quality sash. I like how all the Presidents of the Central and South Americas get pimped out sashes. What has two thumbs and is single handedly bringing the sash back? The President of Brazil. In conclusion, it's going to take weeks to change all the pictures on the buildings.

On a side note, I like how the CEO of Hondutel is rocking it 1920s corporate fatcat style with the desk with the absurdly large number of phones on it.

♫You's a superstar boy, why you still up in the hood?♫

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Re: Problems of Democracy

port1080.

Mon Jun 29, 2009 at 01:42:42 PM EST

none

He was insisting on placing the referendum to vote after it was ruled unconstitutional. As soon as he did that, he was no longer acting with the authority the office bestowed upon him. The Honduran court, congress and army were correct to turn him out.

Perhaps so, but by that standard the Founding Fathers deserved to be "turned out" for developing our own Constitution.  They had no authority under the Articles of Confederation to do such a thing.  Now, in principle I agree with you that what Zelaya wanted to do was wrong.  The problem is that on the face of it, saying "we had to stop the vote to protect democracy" sounds like an oxymoron.  You can certainly make a case (and I believe it's the correct argument) that stopping the vote was indeed necessary, but it's still a case you have to make.  It's not self-evident.  It's also not at all self-evident that Zelaya was removed from office in a way that was consistent with the rule of law.  Doesn't Honduras have something similar to impeachment proceedings?  If so, it would seem to me that this would have been the appropriate way to remove him from office. Bundling him into a military plane and dropping him off at the border, not so much.  No matter how just the actions were, doing them that way will inevitably give them the taint of illegality.

Ce n'est pas une pipe. C'est une signature.

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Re: Problems of Democracy

gerrymander.

Mon Jun 29, 2009 at 02:37:09 PM EST

none

The problem is that on the face of it, saying "we had to stop the vote to protect democracy" sounds like an oxymoron.

Only if you don't know the details. I mean, here in the US we'd be up in arms if a modern president said, "I don't care what's been written before, we need a new national vote on whether slavery should be legal." There's a point at which actions become undemocratic even if the word "democracy" are used to justify them.

It's also not at all self-evident that Zelaya was removed from office in a way that was consistent with the rule of law.  Doesn't Honduras have something similar to impeachment proceedings?

The country apparently has a procedure by which the Honduran congress can replace an acting president, so I'd say yes.

If so, it would seem to me that this would have been the appropriate way to remove him from office. Bundling him into a military plane and dropping him off at the border, not so much.

It worked well enough for the ancient Athenians (minus the military plane part, of course).

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Re: Problems of Democracy

port1080.

Mon Jun 29, 2009 at 02:57:08 PM EST

5.00 (astute)

I mean, here in the US we'd be up in arms if a modern president said, "I don't care what's been written before, we need a new national vote on whether slavery should be legal."

That's an absurd comparison, because there is no support to speak of for legalizing slavery.  You assume, in through this comparison, that an overwhelming majority of the public was opposed to Zelaya's proposal.  You have presented no evidence that that is the case, and indeed it seems quite possible that Zelaya enjoyed substantial public support for his proposal.  If it's possible to make the argument that a majority of the public was supportive of amending the constitution, then it's not absurd at all to argue that preventing the vote was undemocratic.  It may still ultimately be the incorrect argument, but that doesn't mean that it can be dismissed out of hand, as you claim.  Perceptions matter.

The country apparently has a procedure by which the Honduran congress can replace an acting president, so I'd say yes.

Then why didn't they use it?  Don't tell me that they did, because the reports I've read so far have claimed that the transfer of power hinged on the congress accepting a "letter of resignation" which Zelaya claims he didn't write (and even if he did write it, he clearly wrote it under duress).  If they had done this appropriately, their actions wouldn't have needed to be based on such a flimsy pretext as an obviously invalid resignation letter.

Look, I'm not claiming that Zelaya should have been allowed to run for another term, or that Honduras's constitution needed to be amended.  All I'm saying is that this wasn't the way to go about stopping Zelaya from doing these things.  If the opposition had waited until Zelaya actually carried out the unconstitutional action, then brought him up on charges, then removed him from office through valid impeachment procedures, there would be no complaints.  As it is, it looks like they removed him from office because they were afraid that he would have won the referendum (i.e., that he would have been able to prove that the majority of the public supported what he was doing).  

Ce n'est pas une pipe. C'est une signature.

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Re: Problems of Democracy

Thalia.

Mon Jun 29, 2009 at 06:37:45 PM EST

none

You mean every time a President attempts to pass a law through Congress that he knows is unconstitutional we can kick him out via coup?  Fascinating analysis.

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Re: Problems of Democracy

gerrymander.

Tue Jun 30, 2009 at 02:33:44 PM EST

none

Through Congress, no. Around Congress, yes.

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Re: Problems of Democracy

Thalia.

Tue Jun 30, 2009 at 04:47:06 PM EST

none

You mean you agree that when Bush tried to get around the laws passed by Congress through signing statements, that was a coup-worthy offense?  I'm glad you've finally seen the light!

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Re: Problems of Democracy

gerrymander.

Wed Jul 01, 2009 at 11:50:40 AM EST

none

I'm glad you've finally seen the light!

And just in time for a coup against the latest guy to use signing statements, too.

(I kid, I kid.)

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Re: Problems of Democracy

pO157.

Tue Jun 30, 2009 at 04:55:23 PM EST

none

With all due respect Gerry, you know I agree with you on many right wing issues, but really? If this is the case then where was the militia when President Bush '43 ran roughshod over that "goddamn piece of paper" otherwise known as the Constitution?

♫You's a superstar boy, why you still up in the hood?♫

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^ 21

Re: Problems of Democracy

gerrymander.

Wed Jul 01, 2009 at 12:12:05 PM EST

4.00 (compelling)

President Bush '43 ran roughshod over that "goddamn piece of paper"

Not without Congressional approval, he didn't. For all the bloviating liberals did over the past administration, the fact remains that everything Bush did was meticulously done with Congressional knowledge and approval. Heck, by now we know that Pelosi was even personally informed about waterboarding, and that was one of the few examples where Congress didn't explicitly pass legislation allowing Bush to act as he did. It's not at all the same as what just happened in Honduras -- not even close.

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Re: Problems of Democracy

pO157.

Wed Jul 01, 2009 at 12:26:41 PM EST

none

So why didn't the militias rise up and kick out both Pelosi and Bush from the country? Somebody should have been kicked out if that's where you're going with this.

♫You's a superstar boy, why you still up in the hood?♫

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^ 25

Re: Problems of Democracy

gerrymander.

Wed Jul 01, 2009 at 12:33:55 PM EST

none

So why didn't the militias rise up and kick out both Pelosi and Bush from the country?

Because then it would be the militias who were going against the will of the entire government. Also, militia members aren't generally the ones most concerned with what rights foreigners might or might not have.

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Re: Needlessly Fractious, almost Trolling.

pO157.

Wed Jul 01, 2009 at 01:02:36 PM EST

none

Are you saying President Bush was a Foreigner?

♫You's a superstar boy, why you still up in the hood?♫

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^ 27

Re: Needlessly Fractious, almost Trolling.

Lou.

Wed Jul 01, 2009 at 01:16:12 PM EST

5.00 (rocking, foreign)

Well...he was cold as ice.

Minty fresh

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^ 24

Re: Problems of Democracy

Thalia.

Wed Jul 01, 2009 at 03:02:19 PM EST

none

Clearly you forgot Bush's "reinterpretation" of the anti-torture act passed by Congress, specifically addressing waterboarding.  Or for that matter, his executive order to ignore FISA's warrant requirements for wire tapping.

Signing statements = an end run around the will of Congress.  And according to your above comments, worthy of being removed by the military.

3

Unrelated comment.

pO157.

Mon Jun 29, 2009 at 12:24:50 PM EST

5.00 (compelling)

As somebody who has spent some time in Honduras I hope the country gets it together and comes out of this for the best. The nation is gifted in location, people, culture and resources. They have one of the best (if not the best) beaches in the world and Roatan is recognized as the 2nd best SCUBA diving venue on the globe. I'm not kidding. Go there. It'll change your life.

On a side note, anybody who goes to Puerto Rico for a beach vacation is completely insane. Honduras (and other places) are thousands of times better, cheaper, have a richer history, and aren't full of random dogs running loose, dudes with guns on every corner and 3 layers of bars on the windows.

♫You's a superstar boy, why you still up in the hood?♫

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^ 3

Re: Unrelated comment.

zyxwvutsr.

Mon Jun 29, 2009 at 12:31:57 PM EST

none

Puerto Rican women are way hotter, though.

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^ 4

Re: Unrelated comment.

pO157.

Mon Jun 29, 2009 at 03:02:22 PM EST

none

I'm sure I can find hot chicks on the east side of Buffalo or in South Central LA or Camden or East St. Louis. Doesn't mean I should go there, though.

♫You's a superstar boy, why you still up in the hood?♫

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^ 11

Re: Unrelated comment.

zyxwvutsr.

Mon Jun 29, 2009 at 03:30:02 PM EST

none

Aside from a few areas of San Juan, I didn't find Puerto Rico to be a bad place to hang out. Where were all these guys with guns and triple bars on the windows and stray dogs? (I did see a couple stray horses in Arecibo, though.)

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^ 13

Re: Unrelated comment.

pO157.

Mon Jun 29, 2009 at 03:54:07 PM EST

none

My sister was put in charge of a family trip, so she picked Puerto Rico because my bro in law has a clearance and is too lazy to fill out the damn paperwork to leave the country or something. Who knows. Anywho, to "save money" we stayed at some rental place in Loiza. Good times. My dad also likes visiting "ethnic places" that are "local" and "off the beaten path" which means "Let's act like a fucking tourist and try to get mugged by walking in circles in the fun part of San Juan trying to find a place to go to Lunch that's not listed in the guidebook --- because its better that way." It's probably a good thing we weren't using the guidebook because we went way outside the tourist area.

There was at least one time when my parents, sister and her husband were standing on a corner in some random alley as my dad and my sisters husband pulled out their brand new digital cameras and started taking pictures of everything, maps in hand.

But then again, when my dad visits us he likes to drive through the bad parts of town and rolls down the window to talk to (and later give money to) the 'locals' who stagger up to his car at red lights. Because 'they're just having a rough time and need a bit of temporary help.' And let's not forget that he really doesn't believe my area is all that bad. To demonstrate this he likes to drive through the area on visits with his doors unlocked despite my pointing out "Hey, dad, somebody got shot in broad fucking daylight on this corner right here last week." or whatever.

Street smarts, my parents have none.

♫You's a superstar boy, why you still up in the hood?♫

15

The Poll Question

moo.

Mon Jun 29, 2009 at 06:02:50 PM EST

5.00 (interesting)

Here is the question of the non-binding poll (from BoRev):

"Do you agree that, during the general elections of November 2009 there should be a fourth ballot to decide whether to hold a Constituent National Assembly that will approve a new political constitution?"

Was using the military at that point really necessary?

No wait,  the resignation letter makes it all okay :3

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Re: The Poll Question

delete me.

Mon Jun 29, 2009 at 06:55:57 PM EST

none

So those are the words, but what is the stated intent?

- derumi (del-me)
"It is the farewell kiss, you dog!" - Muntadhar al-Zaidi

18

details from local outlets

DEMachina.

Mon Jun 29, 2009 at 08:32:35 PM EST

5.00 (sad, informative)

I couldn't find anything directly on point in the Honduran constitution, but that doesn't mean it's not there; I just skimmed it.  The act of the legislature removing Zelaya from office cites articles 1, 2, 3, 4, 205(20), 218(3), (242), (321), (322), and (323).

A summary (Spanish) in El Heraldo says that a commission of the legislature had proof of "the illegal acts committed by [the President] in his plan to take the country to totalitarianism" and that's why the legislature voted him out.

That same article says that Zelaya signed a letter of resignation, sealed on June 25.  The legislature accepted his resignation, and then went through the formal process of removing him from office.  Zelaya denied this (Spanish) on CNN's Spanish-language channel.

The quicky summary on the front page of El Heraldo's special on this says:


The Armed Forces capture Zelaya Rosales, remove him from the country and prevent the inquiry*, on orders from the courts.  The National Congress approves a decree to remove Zelaya from the presidency.  The legislators elect Micheletti to finish the presidential term.  The TSE [Supreme Electoral Tribunal] guarantees elections in November.  The international community asks for respect of democracy.

* It seems this was something planned before all this went down (both based on context of the above and references elsewhere).

I don't know the politics of this newspaper at all, so make of it what you will.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

30

Not a coup

Steve Urkel.

Wed Jul 01, 2009 at 09:16:55 PM EST

5.00 (informative)

Informative article. It clarifies the chain of events [emphasis added]:

"The Honduran Attorney General, an independent official, ruled the referendum illegal and the matter was brought before the Honduran Supreme Court, which also ruled it against the Constitution and outside the powers of the presidency. The Court precluded Mr. Zelaya from using public funds to carry it out. At that point, Hugo Chavez intervened in the affair, caused the referendum ballots to be printed by the Venezuelan government and flew them into Honduras. Mr. Zelaya then ordered the Armed Forces Chief to organize the referendum, set up polling places and distribute the ballots. Once again, the Supreme Court entered an order prohibiting the Armed Forces from participating in Mr. Zelaya's illegal sham. When the Armed forces Chief refused to violate the Supreme Court order, Mr. Zelaya fired him, again in further violation of the Constitution. Title I, Chapter X, Article 279 of that document states that the Armed Forces Chief is named by the Congress and can only be fired by the Congress. The Supreme Court declared Mr. Zelaya's action invalid and restored the Army Chief.

Finally, the Honduran Congress took up the matter of the removal of Mr. Zelaya from the Presidency in accordance with its powers under Title V, Chapter I, Article 205, paragraph 15, which authorizes the Congress to bring up charges against the President. By unanimous vote of the Representatives, including the members of Zelaya's party, who constitute a majority of the legislative body, he was removed. Beyond his shameless disregard for the Constitution and of the Legislative and Judicial branches of the government, Mr. Zelaya was cited for failing to submit to the Legislature a budget that was due since September 15 of last year. In effect, he had been spending public funds for nine months without accounting for their use.

Mr. Zelaya was removed by the Armed Forces, but under the orders of the Supreme Court, as provided in Title VI, Chapter XII, Article 313 of the Constitution. Unlike what happens in a coup-d'état, the Honduran military has not assumed control of the government. The current President, Roberto Micheletti, also a member of Mr. Zelaya's own political party, was the President of the Honduran Congress, and the appropriate constitutional successor when a President is removed.

Obama backing Zelaya because his ideological kinsman Chavez tells him to is revolting but unsurprising. A Honduran Supreme Court justice weighs in , so does the military.

31

Constitution Changed to Allow Torture?

moo.

Thu Jul 02, 2009 at 05:23:28 AM EST

4.50 (scary, interesting)

According to the  IKN blog  the new government suspended six constitutional articles, among them article 88 which bans torture.

1

Via a Spanish-speaking friend

delete me.

Mon Jun 29, 2009 at 12:46:53 AM EST

none

According to Spanish television, the former President was generally
 unpopular and he tried to extend his power. So the Senate extended THEIR
 power by ousting him with a false "Letter of Resignation" and giving the
 thumbs up for the Army to participate/look away from the impending coup.

While there are reports of protests on the Univision broadcast, there aren't any real footage. The ex-president has some loyalists in the military, as well as in his own political party.

- derumi (del-me)
"It is the farewell kiss, you dog!" - Muntadhar al-Zaidi

22

Update from my Honduran friend

delete me.

Wed Jul 01, 2009 at 03:09:14 AM EST

none

I'm just going to paraphrase what she said below:

The president was replaced because what he wanted people to vote on was considered illegal according to Honduran law and constitution. He claimed he just wanted to know what the people's opinion would be, but a Supreme Court investigation found that he wanted to be re-elected and make Chavez-style changes to the National Constitution. The international news is calling it a coup d'etat, but the Hondurans (in general) don't see it that way).  There has been some disorder in the capital caused by Zelaya's loyalists, so there is a protective curfew from 9pm to 5am. My friend is safe and hoping for things to get normal again.

- derumi (del-me)
"It is the farewell kiss, you dog!" - Muntadhar al-Zaidi

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