Honduran Constitution: Still Explosive, But No Longer Set in Stone
Written by Rodolfo Pastor Fasquelle
Friday, 21 January 2011 14:44
The Honduran Congress's decision last week to allow popular referendums to amend the Constitution is nothing short of momentous given the country's tumultous historical span of the last two years. The new measures need to be approved a second time when Congress begins a new session on Tuesday.
The significance, if not the irony, lies in the fact that many of these representatives who support these constitutional reforms opposed them when they were put forward by former President Manuel Zelaya. In total, 103 of 128 members of Congress voted to reform Article 5 of the constitution. Furthermore, they used Zelaya's initiative for constitutional reform to justify the illegal military coup on June 28, 2008 which deposed the former president. So today’s reformers have in theory legalized consulting the sovereign citizenry on whatever it deems appropriate. At the same time they have in hindsight legitimized Pres. Zelaya’s argument that changes to unchangeable laws were needed. The difference, says the President of Congress Hernandez, is that this reform was “done legally”, after extensive consultation, whereas Zelaya’s presumably was not.
It does not matter if this claim is true. The vote was not completely unexpected and not altogether contradictory, since prior to the coup Lobo—who in June 2009 was president of the Nationalist Party—had repeatedly declared that he personally was in favor of a “constitutional consultation” on a constituent assembly. Lobo’s decision to lead his Party into the coup was widely perceived to be an act of desperate opportunism. At the time he was also the designated National Party presidential candidate for the November 2009 elections, and was seriously lagging behind Liberal Party candidate Elvin Santos. No strategy had seemed to work in his favor despite divisions amongst liberals, and he was expected to lose the national elections for a second time in a row (Zelaya had defeated him in 2005). The coup would, and in fact did, divide the Liberal Party irremediably and guaranteed Lobo a triumph.
But his triumph would prove to be bittersweet. Due mostly to the stance of South American countries, the OAS—which expelled Honduras under the coup regime—refuses to readmit the country until Lobo remedies some of the outstanding injustices the coup had generated, such as widespread acts of violence and repression against the Resistance movement and the forced exile of the deposed president and many of his more loyal collaborators. In the meantime, Honduras has become virtually ungovernable; its two principal cities have been listed amongst the ten most violent in the world, just after Kandahar. The country has also lost international credit, and the economy might have collapsed if not for U.S. foreign assistance propping it up, along with a boom in coffee prices. On the other hand, the President of Congress J. Orlando Hernandez has sustained that rather than being “the same thing Zelaya was calling for,” as most observers have argued, last week’s reform of Article 5 of the Constitution is a completely different beast. He argues, albeit unconvincingly, that in fact, it makes the Constituent Assembly to rewrite the constitution superfluous since any aspect of the constitution can now be amended through a referendum authorized by Congress. We must consider the intent behind and benefits derived from this surprising development as well as the factors that will influence its outcome.
More:
http://upsidedownworld.org/main/honduras-archives-46/2874-honduras-constitution-still-explosive-but-no-longer-set-in-stone