"Do you think that the November 2009 general elections should include a fourth ballot box in order to make a decision about the creation of a National Constitutional Assembly that would approve a new Constitution?" Yes or No.At last we have a comprehensive account of the events in Honduras. Alberto Vallente Thorensen's
Why Zelaya's Action Were Legal, published today in Counterpunch, provides a step by step analysis of the coup d' etat and its standing viz a viz the Honduran constitution.
The
Honduran Supreme Court of Justice, Attorney General, National Congress,
Armed Forces and Supreme Electoral Tribunal have all falsely accused
Manuel Zelaya of attempting a referendum to extend his term in office.
According
to Honduran law, this attempt would be illegal. Article 239 of the
Honduran Constitution clearly states that persons, who have served as
presidents, cannot be presidential candidates again. The same article
also states that public officials who breach this article, as well as
those that help them, directly or indirectly, will automatically lose
their immunity and are subject to persecution by law. Additionally,
articles 374 and 5 of the Honduran Constitution of 1982 (with
amendments of 2005), clearly state that: "it is not possible to
reform the Constitution regarding matters about the form of government,
presidential periods, re-election and Honduran territory", and
that "reforms to article 374 of this Constitution are not subject
to referendum."
Nevertheless,
this is far from what President Zelaya attempted to do in Honduras the
past Sunday and which the Honduran political/military elites disliked
so much. President Zelaya intended to perform a non-binding public
consultation, about the conformation of an elected National Constituent
Assembly. To do this, he invoked article 5 of the Honduran "Civil
Participation Act" of 2006. According to this act, all public
functionaries can perform non-binding public consultations to inquire
what the population thinks about policy measures. This act was approved
by the National Congress and it was not contested by the Supreme Court
of Justice, when it was published in the Official Paper of 2006. That
is, until the president of the republic employed it in a manner that
was not amicable to the interests of the members of these institutions.
Thorensen goes on to note that the constitution is silent on the subject of "conformation of a Constituent Assembly" so there's no illegality there applicable to the president.
Recalling
these observations, we can once again take a look at the widespread
assumption that Zelaya was ousted as president after he tried to carry
out a non-binding referendum to extend his term in office.
The
poll was certainly non-binding, and therefore also not subject to
prohibition. However it was not a referendum, as such public
consultations are generally understood. Even if it had been, the
objective was not to extend Zelaya's term in office. In this sense, it
is important to point out that Zelaya's term concludes in January 2010.
In line with article 239 of the Honduran Constitution of 1982, Zelaya
is not participating in the presidential elections of November 2009,
meaning that he could have not been reelected. Moreover, it is
completely uncertain what the probable National Constituent Assembly
would have suggested concerning matters of presidential periods and
re-elections. These suggestions would have to be approved by all
Hondurans and this would have happened at a time when Zelaya would have
concluded his term. Likewise, even if the Honduran public had decided
that earlier presidents could become presidential candidates again,
this disposition would form a part of a completely new constitution.
Therefore, it cannot be regarded as an amendment to the 1982
Constitution and it would not be in violation of articles 5, 239 and
374. The National Constituent Assembly, with a mandate from the people,
would derogate the previous constitution before approving the new one.
The people, not president Zelaya, who by that time would be
ex-president Zelaya, would decide.
There you go...President Mel couldn't have been trying to extend his terms, as so many seem to believe. No Chavesque conspiraciy here.
Thorensen also has the kicker: If the charges against Zelaya had any merit,
they could have followed a legal procedure sheltered in article 205 nr. 22
of the 1982 Constitution, which states that public officials that are
suspected to violate the law are subject to impeachment by the National
Congress.
Isn't it obvious that because there were existing legal remedies other than kidnapping a president in his pajamas and sending him into exile that the coup is not on the up and up? And why the news blackout? The "everything was proper and legal" agument makes no sense whatsoever.