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2009 Honduran constitutional crisis

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  • Ministry of Foreign Affairs
    Minister: Eduardo Enrique Reina

The 2009 Honduran political crisis is an ongoing constitutional crisis, in which President Manuel Zelaya, who was insisting on holding a referendum which had been declared illegal by the congress and both the nation's highest courts, was sent into exile by the military.

The armed forces of Honduras arrested President Manuel Zelaya, on June 28, 2009, at his home -- just hours before a controversial referendum[1] -- after he violated rulings of the Supreme Court of Honduras. Zelaya was held in an airbase outside Tegucigalpa[2] before being flown to Costa Rica.[3] During the action, communications and electricity were briefly interrupted. Zelaya's exile took place about an hour before polls were to open in a public consultation to approve a referendum to convoke a constituent assembly to modify the constitution. Later in the day, the Honduran Supreme Court said it had ordered the removal of the president.[4]

Roberto Micheletti, a member of the same party as Zelaya, has been sworn in as President by the National Congress on a show of hands on the afternoon of Sunday 28 June[5] for a term that ends on 27 January 2010.[6] The event was greeted with applause in Congress, which had denounced Zelaya's repeated violations of the constitution and the law and disregard of orders and judgments of the institutions.[7]

Background

Manuel Zelaya was elected for a non-renewable four-year term in 2006.

On May 24, 2007, Zelaya ordered "all the country's TV and radio stations to carry government propaganda for two hours a day", according to the BBC.[8] A journalist who criticized Zelaya's rule was murdered by unidentified gunmen.[9] Zelaya began to lose the support of even his own party.[10] Zelaya was said to have "a very strong appetite for power" and that he was trying to be the victim in the 2009 crisis.[11]

President Manuel Zelaya's intended to hold a "nonbinding" public referendum, on June 28, on whether to call National Assembly to rewrite the constitution, to take place concurrently with this year's elections. It has been interpreted as a plan to allow his own re-election, something which is strictly forbidden by the current constitution. The intended referendum was rejected by Congress and ruled illegal by the Supreme Court, and provoked a serious political crises in the country.[12] The military is in charge of security and logistics in elections in Honduras. Zelaya asked them to perform their election role for the referendum, but the head of the military command, General Romeo Vásquez Velásquez, refused the order to pass out the election materials. Zelaya removed him from his position but the Honduran Supreme Court ordered him reinstated. Zelaya staged a protest at an airforce base and led a citizen march to take possession of the referendum materials stored there, which were then guarded by the national police.[3]

In addition to the Supreme Court, Zelaya's referendum was declared illegal by Congress, the attorney general, and the top electoral body.[13][14] Congress had begun discussing how to impeach Zelaya but lacked a viable way to do so.[15] Congress had voted Zelaya "mentally incapable", and Zelaya responded to the congressional leader Roberto Micheletti, a member of the same party who has since been sworn in as President in his stead, by saying "What's with you, Roberto?. I was elected by the people, not the congress. How would you make me ineligible, you're a crappy second-rate congressman who got your post because I gave you space in my party." [16]

The Supreme Court, the Congress, and the military recommended that voters stay home because the referendum would be neither fair nor safe to voters. The National Human Rights Commissioner, Ramon Custodio, said "I would tell the people to stay calmly at home in order not to get involved in any incident or any violence by going to vote 'no,' because they might be assaulted by these mobs," referring to Zelaya's supporters.[17]

Developments

The presidential residence was seized by military troops. A group of around 150 people that supported Zelaya gathered outside the building in protest, throwing stones at soldiers and shouting "traitors, traitors".[18][19] According to the New York Times, "several thousand protesters supporting the (ousted) president faced off against soldiers outside the presidential palace, burning tires."[20]

The power and telephone lines were suspended on Tegucigalpa about the time of the arrest of President Zelaya but they were restored at about 11:00 a.m. local time (16:00 GMT). Soldiers occupied several strategic areas of the capital but there are no restrictions on traffic, many stores are open, no shootings were registered. In addition to the President, La Prensa reports that there are arrest orders for all of his cabinet ministers. In addition there are reports that several people trying to vote in the referendum were arrested in Tegucigalpa and San Pedro Sula. Some military jets overflew the capital early in the morning but they returned to their bases and at 11:30 local time (16:30 GMT) only some helicopters are patrolling in support of the police to prevent riots or looting, which have not been reported.

Within several hours of his removal, Zelaya spoke to media in San José, Costa Rica, calling the events "a coup" and "a kidnapping." He stated that soldiers pulled him from his bed and assaulted his guards. Zelaya stated that he would not recognize anyone named as his successor, and that he wants to finish his term in office. He also stated that he will now be meeting with diplomats.[21]

According to Venezuela's ambassador to the OAS, the ambassadors of Cuba, Venezuela and Nicaragua were kidnapped by the military and transported to the airport.[18] Venezuelan President Hugo Chávez stated that the Venezuelan ambassador was assaulted by Honduran soldiers and left by the side of a road.[22]

Later that day, the Supreme Court issued a statement that it had ordered the army to remove Zelaya from office.[2] The Supreme Court stated "The armed forces, in charge of supporting the constitution, acted to defend the state of law and have been forced to apply legal dispositions against those who have expressed themselves publicly and acted against the dispositions of the basic law".[23]

The National Congress has voted to accept what they claimed is Zelaya's letter of resignation, but Zelaya has said he did not write the letter. Later the Congress voted unanimously to remove Zelaya for "manifest irregular conduct" and "putting in present danger the state of law" and named the President of the National Congress as his successor.[24]

Venezuela has reportedly sent a plane to pick up Zelaya and take him to an extraordinary meeting of the Central American Integration System in Managua, Nicaragua.[25] A Venezuelan radio station owned by Hugo Chavez government claimed that Cesar Ham was killed by the army.[26]

The new president started a curfew for two nights.[27]

International reaction

Every Latin American nation (besides Honduras), plus the United States, Spain, France, and others, have publicly condemned the forced removal of Zelaya as undemocratic and most have labelled it as a coup d'état.[citation needed]

Hugo Chávez, President of Venezuela, threatened to invade Honduras. He has said that his nation would respond militarily if the Honduran military enters the Venezuelan embassy and that it would mean a "de-facto state of war".[28] President of Paraguay Fernando Lugo said that the coup participants belong in prison.[29]

No nation has publicly declared support for the Honduran military's actions or for the new acting President Roberto Micheletti.[citation needed]

Reactions

  • United Nations: Secretary-General of the United Nations Ban Ki-moon "expresses his strong support for the country's democratic institutions and condemns the arrest today of the constitutional President of the Republic," a U.N. spokesman said in a statement. "He (Ban Ki-moon) urges the reinstatement of the democratically elected representatives of the country and full respect for human rights, including safeguards for the security of President Zelaya, members of his family and his government. He calls on all Hondurans to engage peacefully and in the spirit of reconciliation to resolve their differences. The Secretary-General welcomes the prompt diplomatic efforts of the Organization of American States, whose Permanent Council is holding a special meeting this morning. The United Nations stands ready to provide assistance in overcoming this crisis."[30]
  • Mercosur and Paraguay: President of Paraguay and current president pro tempore of Mercosur Fernando Lugo condemned the coup and said that no member state of Mercosur will recognize a Honduran government that is not led by Manuel Zelaya. Lugo also called for those behind the coup to be punished by serving prison sentences.[34]
  • European Union: The European Union called on the Honduran military to release the president and restore constitutional order.[2]
  • Argentina: Argentine President Cristina Fernández de Kirchner said: "I'm deeply worried about the situation in Honduras. It reminds us of the worst years in Latin America's history. We will demand that the OAS (Organization of American States) fully comply with the democratic charter that requires unconditional respect for democracy and, above all, the restoration of the Honduran president. I do not hesitate to call this a return to barbarity. All countries of the continent and the entire international community should demand the return of the democratically elected president.[35]
  • Bolivia: Evo Morales, President of Bolivia, condemned the military action. "To allow people to participate and decide the future of their country through their vote, it is not possible that some groups ignore this, including the military."[36].[37]
  • Brazil: Celso Amorim, the Brazilian Minister of External Relations issued a press release "strongly condemning the military action that resulted in the ousting of the President of Honduras," urging for his "immediate and unconditional return to power," and expressing "solidarity with the Honduran people."[38]
  • Chile: The Chilean government also condemned the coup and referred to Zelaya as "legitimately elected by the people".[39]
  • Colombia: The Colombian government released a four point statement where they expressed profound concern by the break in constitutional order, rejected the removal by force of the democratically elected President Zelaya, called for the re-establishment of constitutional and legal order, and supported the actions of the OAS in its attempts to find democratic solutions for the crisis in Honduras.[40]
  • Costa Rica: In a joint press conference with Manual Zelaya, Costa Rican President Óscar Arias condemned the coup and said that it "indicates that democracy in Latin America and its institutions are fragile and vulnerable". Arias also said that Zelaya was personally in "good condition" and that Costa Rica was offering Zelaya "all the courtesies that he deserves".[41]
  • Cuba: The Cuban government condemned the coup d’état.[42]
  • Dominican Republic: "This coup d ' état represents a step backwards because it violates the Democratic Charter of the Organization of American States (OAS)", says Leonel Fernández, President of Dominican Republic.[43]
  • El Salvador: "(The Government of El Salvador) asks for the immediate restoration of the constitutional president of Honduras, Manuel Zelaya", said Salvadoran President Mauricio Funes in a press conference. Funes also said that he had a telephone conversation with Zelaya, in which he expressed "solidarity" with the deposed Honduran president. The Salvadoran Minister of the Defense, David Munguía, said that the Salvadoran military will reinforce three border crossings between El Salvador and Honduras.[45]
  • France: The French Foreign Ministry said in a statement: "France firmly condemns the coup that has just taken place in Honduras. The arrests and expulsions of diplomatic envoys are a grave breach of the Vienna convention. They are unacceptable. The constitutional order must be restored at the earliest opportunity. France calls on all parties to act with respect for the principles and values of democracy."[46]
  • Guatemala: Guatemalan President Álvaro Colom said in a press conference that Guatemala "recognizes President Zelaya as the democratically chosen president". Colom said that he will discuss with fellow Central American presidents in Managua about how to restore democracy in Honduras.[47]
  • Mexico: The Mexican government condemned the arrest and forced exile of Zelaya to Costa Rica.[48]
  • Nicaragua: President of Nicaragua Daniel Ortega invited Zelaya to come to Nicaragua and attend the Central American Integration System presidents' meeting. "Come here. We are not going to recognize any spurious, coup government that installs itself in Honduras. We will not recognize it," Ortega said.[49]
  • Panama: The Panamanian government condemned the coup.[51]
  • Peru: José García Belaúnde, the Foreign Minister of Peru, said that his government "strongly condemns" the coup and will push for the re-establishment of democracy in Honduras.[52]
  • Spain: A spokesperson for Spanish Prime Minister José Luis Rodríguez Zapatero released the following statement: "The head of the government expressed his strongest condemnation for the illegal detention and expulsion of the constitutional president of the Republic of Honduras, Manuel Zelaya. The solution to any dispute must always be found through dialogue and respect for democratic rules. There is not, neither can there ever be, a solution to the Honduran crisis outside the country's constitutional framework."[35]
  • United Kingdom: Chris Bryant, the British Under-Secretary of State for Foreign Affairs, said: "The UK condemns the expulsion of President Zelaya and calls for the restoration of democratic, constitutional government in Honduras. We support the Organisation [sic] of American States' call supporting the rule of law and are deeply concerned about the deployment of military personnel onto the streets of Tegucigalpa."[53]
  • United States: United States recognizes ousted President Manuel Zelaya as the only constitutional president of Honduras[54] President Barack Obama is said to be "deeply concerned" about the developments in Honduras. He called on all political and social actors in Honduras to respect democratic norms, the rule of law and the tenets of the Inter-American Democratic Charter.[2][55] In a written statement, Secretary of State Hillary Clinton said, "The action taken against Honduran President Mel Zelaya violates the precepts of the Inter-American Democratic Charter, and thus should be condemned by all." [56]
  • Uruguay: Vice President of Uruguay Rodolfo Nin Novoa condemned the coup and called for the re-establishment of democratic order in Honduras.[57]
  • Venezuela: Venezuelan President Hugo Chavez said that the coup called for Obama to speak out because the US "has a lot to do" with what happens in Honduras.[58] A few hours later, Chavez put his military on alert and said he would do everything necessary to abort the coup in Honduras if anything were to happen to its embassy.[59] He also warned that if a new government was sworn in he would "bring them down".[60]

Controversies

There is contention[who?] over whether or not the events constitute a coup d’état. Article 239 of Honduran Constitution, which forbids any former chief executive from being re-elected President, states that any citizen (including the president) who proposes reforming this law, and any others who support such a person directly or indirectly, are to immediately "cease carrying out" any public charge.[61] There is, however, no constitutional process for impeachment or removal of a president.

The military claims to have been acting under the instruction of the Supreme Court of Justice, and their actions were ratified afterwards by both the court and the Liberal-majority National Congress. Zelaya is a member of the Liberal party. The National Congress named and ratified Roberto Micheletti, the next person in line for the presidency, within hours. The 3 state powers (Legislative, Judicial and Executive) are meant to act as checks and balances of each other, with the constitution being the basic law.

Also a document sent to Congress purports to be a resignation from President Manuel Zelaya. President Zelaya denies quitting and the authenticity of this document. The succession, however, is based on Congress having removed him from office, not simply on his own alleged resignation.

References

  1. ^ "Troops oust Honduran president in feared coup". Sydney Morning Herald. 2009-06-29. Retrieved 2009-06-29. {{cite web}}: |first= missing |last= (help)
  2. ^ a b c d e "Honduran leader forced into exile". BBC News. June 28, 2009. Retrieved June 28, 2009.
  3. ^ a b "Honduras president detained, sent to Costa Rica, official says". CNN. June 28, 2009. Retrieved June 28, 2009.
  4. ^ "Honduran leader forced into exile". BBC News. 2009-06-28. Retrieved 2009-06-28.
  5. ^ "Honduran military ousts president ahead of vote". The Washington Post. 2009-06-28. Retrieved 2009-06-28. {{cite web}}: |first= missing |last= (help)
  6. ^ "Congress names new interim Honduran president". The Sidney Morning Heralde. 2009-06-29. Retrieved 2009-06-28.
  7. ^ New Honduran leader sworn in
  8. ^ Honduras TV gets government order
  9. ^ Journalist murdered following threats, government harassment of critical radio station
  10. ^ Profile: Honduras' Manuel Zelaya
  11. ^ Honduras Lurches Toward Crisis Over Election
  12. ^ "Honduran leader defies top court". BBC News. June 26, 2009. Retrieved June 28, 2009.
  13. ^ ALBA bloc leaders' main obsession: indefinite rule
  14. ^ Honduras Lurches Toward Crisis Over Election
  15. ^ "Honduras Crisis Opens Regional Rift".
  16. ^ "El Congreso hondureño inicia una investigación urgente al presidente" (in Spanish). La Vanguardia (España). 27/06/2009. Retrieved 28/06/2009. {{cite web}}: Check date values in: |access-date= and |date= (help) "¿Qué te pasa Roberto?. A mí me eligió el pueblo y no el Congreso. ¿Por qué me vas a inhabilitar, eres un pinche diputado de segunda categoría que saliste en ese puesto porque te di espacio en mi corriente."
  17. ^ Honduran leader pushes ahead with divisive vote
  18. ^ a b Ordaz, Pablo (June 28, 2009). "El Ejército expulsa al presidente hondureño, Manuel Zelaya". El País (in Spanish). Retrieved June 28, 2009.
  19. ^ Honduran Military Ousts President
  20. ^ See "Honduran President is Ousted in Coup," New York Times, 28 June 2009[1]
  21. ^ "Honduran president calls arrest a 'kidnapping'". The Washington Post. Associated Press. June 28, 2009. Retrieved June 28, 2009.
  22. ^ "Honduras' Congress Names Acting President". SKY News. 2009-06-28. Retrieved 2009-06-28.
  23. ^ Honduras supreme court 'ordered army coup'
  24. ^ "Honduran military ousts president ahead of vote". Associated Press. 2009-06-28. Retrieved 2009-06-28. {{cite web}}: |first= missing |last= (help)
  25. ^ "Venezuela sends aircraft to pick up Honduran president Zelaya". Trend News. 2009-06-28. Retrieved 2009-06-28. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  26. ^ "Aseguran que el dirigente de izquierda y congresista hondureño César Ham está vivo y resguardado" (in Spanish). Gobierno Bolivariano de Venezuela - Ministerio de lo Poder Popular para la Comunicacion y la Informacion. 2009-06-28. Retrieved 2009-06-29. {{cite web}}: |first= missing |last= (help)
  27. ^ New Honduras leader orders 48-hour curfew
  28. ^ Chavez threatens to invade as Honduran army stages coup
  29. ^ "Mercosur condena el golpe militar y exige la inmediata restitución de zelaya" (in Spanish). Telecinco. 2009-06-29. Retrieved 2009-06-29.
  30. ^ "U.N.'s Ban Ki-moon condemns Honduras leader's arrest". Reuters. 2009-06-28. Retrieved 2009-06-29.
  31. ^ "OEA convoca una reunión de urgencia para analizar Golpe de Estado en Honduras". El Mercurio (in Spanish). EFE. June 28, 2009. Retrieved June 28, 2009.
  32. ^ "La comunidad internacional pide que se restablezca el orden constitucional" (in Spanish). El Mundo. 2009-06-28. Retrieved 2009-06-29.
  33. ^ Chavez threatens military action over Honduras coup by Frank Jack Daniel and Enrique Andres Pretel, Reuters (reprinted by the National Post), June 28, 2009.
  34. ^ Cite error: The named reference lugo was invoked but never defined (see the help page).
  35. ^ a b "World reaction: Honduran crisis". BBC News. 2009-06-28. Retrieved 2009-06-29.
  36. ^ "World condemns coup in Honduras". The Christian Science Monitor. 2009-06-28. Retrieved 2009-06-28. {{cite web}}: |first= missing |last= (help)
  37. ^ "Morales pidió repudiar levantamiento en Honduras". La Tercera (in Spanish). EFE. June 28, 2009. Retrieved June 28, 2009.
  38. ^ Nota nº 303 - 28/06/2009 Situação em Honduras Ministry of External Relations of Brazil. Retrieved on 2009-06-28. Template:Pt
  39. ^ "Gobierno chileno condenó Golpe de Estado en Honduras" (in Spanish). El Mercurio Online. 2009-06-28. Retrieved 2009-06-28.
  40. ^ "Comunicado del Ministerio de Relaciones Exteriores". Presidency of of the Republic of Colombia. 2009-06-28. Retrieved 2009-06-29.
  41. ^ "Costa Rica repudia golpe de Estado en Honduras". Radio Nacional de Venezuela. 2009-06-28. Retrieved 2009-06-29.
  42. ^ "Cuba condemns coup d'état in Honduras". Digital Gramma Internacional. 2009-06-28. Retrieved 2009-06-28.
  43. ^ "Dominican Republic Government rejects coup d ' état against Zelaya". Diario Libre. 2009-06-28. Retrieved 2009-06-28.
  44. ^ "FACTBOX: Reaction to coup in Honduras". Reuters. 2009-06-28. Retrieved 2009-06-28.
  45. ^ "El Salvador condena golpe y pide restitución presidente Honduras" (in Spanish). Reuters. 2009-06-28. Retrieved 2009-06-29.
  46. ^ "FACTBOX: Reaction to coup in Honduras". Reuters. 2009-06-28. Retrieved 2009-06-29.
  47. ^ "Guatemala sólo reconoce a Zelaya como presidente de Honduras, dice Colom" (in Spanish). ADN. 2009-06-29. Retrieved 2009-06-29.
  48. ^ "MÉXICO CONDENA LA DETENCIÓN DEL PRESIDENTE DE HONDURAS MANUEL ZELAYA Y SU SALIDA POR LA FUERZA DEL PAÍS" (in Spanish). Secretary of Foreign Affairs (Mexico). June 28, 2009. Retrieved June 28, 2009.
  49. ^ "Honduran president forced to travel to Costa Rica". Xinhua. 2009-06-28. Retrieved 2009-06-29.
  50. ^ "Norge tar avstand fra kuppet i Honduras" (in Norwegian). Dagbladet.no. 2009-06-29. Retrieved 2009-06-28.
  51. ^ "Panamá condena el golpe de Estado en Honduras" (in Spanish). Ministerio de Relaciones Exteriores (Panama). 2009-06-28. Retrieved 2009-06-29.
  52. ^ "El Perú expresó su condena al golpe de Estado en Honduras" (in Spanish). Perú21. 2009-06-28. Retrieved 2009-06-29.
  53. ^ "Honduras: UK condemns the expulsion of President Zelaya". Foreign and Commonwealth Office of the United Kingdom. 2009-06-28. Retrieved 2009-06-29.
  54. ^ "U.S. says Zelaya is the only president of Honduras". Reuters. 2009-06-28. Retrieved 2009-06-28.
  55. ^ "Obama calls for order as Honduran military arrests President". Fox News. June 28, 2009. Retrieved June 28, 2009.
  56. ^ "Situation in Honduras". US Dept State. June 28, 2009. Retrieved June 28, 2009.
  57. ^ "Uruguay condenó destitución" (in Spanish). Espectador. 2009-06-28. Retrieved 2009-06-29.
  58. ^ "Chávez califica de "troglodita" golpe de Estado contra Zelaya". La Tercera (in Spanish). EFE. June 28, 2009. Retrieved June 28, 2009.
  59. ^ Frank Jack Daniel and Enrique Andres Pretel (2009-06-28). "Chavez threatens military action over Honduras coup". Reuters India. Retrieved 2009-06-28.
  60. ^ "World leaders condemn Zelaya's ouster". France 24. 2009-06-28. Retrieved 2009-06-28. {{cite news}}: Check date values in: |accessdate= and |date= (help)
  61. ^ Article 239 of the Honduran constitution: "El ciudadano que haya desempeñado la titularidad del Poder Ejecutivo no podrá ser Presidente o Vicepresidente de la República... El que quebrante esta disposición o proponga su reforma, así como aquellos que lo apoyen directa o indirectamente, cesarán de inmediato en el desempeño de sus respectivos cargos y quedarán inhabilitados por diez (10) años para el ejercicio de toda función pública." Translation: Any citizen who has carried out the function of titular head of the Executive power may not be President or Vice-president of the nation. One who breaks this rule or proposes its reform, as with those who support such a person directly or indirectly, will immediately cease carrying out their positions and will be ineligible for any public charge for ten (10) years.
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