Honduras and the Rule of Law

What has happened recently in Honduras, and the Obama administration's response to the events is, I believe, very important. President Obama, joining forces with Hugo Sanchez and Raul Castro is condemning the actions by the Honduran Supreme Court, military, and congress in removing ex-President Mel Zelaya from office.

Following are excerpts from an article in today's Christian Science Monitor by Octavio Sánchez. Senor Sánchez is a lawyer, is a former presidential adviser (2002-05) and minister of culture (2005-06) of the Republic of Honduras. Senor Sanchez gives a very clear description of why the removal of Zelaya was urgent and necessary.

A 'coup' in Honduras? Nonsense.
Don't believe the myth. The arrest of President Zelaya represents the triumph of the rule of law.
By Octavio Sánchez

"Tegucigalpa, Honduras - Sometimes, the whole world prefers a lie to the truth. The White House, the United Nations, the Organization of American States, and much of the media have condemned the ouster of Honduran President Manuel Zelaya this past weekend as a coup d'état.

That is nonsense.

In fact, what happened here is nothing short of the triumph of the rule of law.

.....

Under our Constitution, what happened in Honduras this past Sunday? Soldiers arrested and sent out of the country a Honduran citizen who, the day before, through his own actions had stripped himself of the presidency.

These are the facts: On June 26, President Zelaya issued a decree ordering all government employees to take part in the "Public Opinion Poll to convene a National Constitutional Assembly." In doing so, Zelaya triggered a constitutional provision that automatically removed him from office.

Constitutional assemblies are convened to write new constitutions. When Zelaya published that decree to initiate an "opinion poll" about the possibility of convening a national assembly, he contravened the unchangeable articles of the Constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent.

Our Constitution takes such intent seriously. According to Article 239: "No citizen who has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform [emphasis in original], as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years."

Notice that the article speaks about intent and that it also says "immediately" – as in "instant," as in "no trial required," as in "no impeachment needed."

Continuismo – the tendency of heads of state to extend their rule indefinitely – has been the lifeblood of Latin America's authoritarian tradition. The Constitution's provision of instant sanction might sound draconian, but every Latin American democrat knows how much of a threat to our fragile democracies continuismo presents. In Latin America, chiefs of state have often been above the law. The instant sanction of the supreme law has successfully prevented the possibility of a new Honduran continuismo.

The Supreme Court and the attorney general ordered Zelaya's arrest for disobeying several court orders compelling him to obey the Constitution. He was detained and taken to Costa Rica. Why? Congress needed time to convene and remove him from office. With him inside the country that would have been impossible. This decision was taken by the 123 (of the 128) members of Congress present that day.

Don't believe the coup myth. The Honduran military acted entirely within the bounds of the Constitution. The military gained nothing but the respect of the nation by its actions.

I am extremely proud of my compatriots. Finally, we have decided to stand up and become a country of laws, not men. From now on, here in Honduras, no one will be above the law."

The Honduran Supreme Court, military, and Congress saw Zelaya following the example of Hugo Chavez, Robert Mugabe, and, for that matter Adolf Hitler: after attaining power via the democratic process, use the institutions of government to stay in power indefinitely.

Senor Sánchez is right to be proud of his compatriots. Their actions would be approved by our own Founding Fathers.

Posted by Gibbons J. Cooney