Constitution of Honduras
Encyclopedia
The Political Constitution of the Republic of Honduras (Constitucion Politica de la Republica de Honduras) was approved on 11 January 1982, published on 20 January 1982, amended by the National Congress
of Honduras
26 times from 1984 to 2005, and 10 interpretations by Congress were made from 1982 to 2005. It is Honduras' twelfth constitution since independence in 1838. Previous charters were adopted in 1839, 1848, 1865, 1873, 1880, 1894, 1906, 1924, 1936, 1957 and 1965.
The Constitution of Honduras gained a lot of international interest in June 2009 because of the 2009 Honduran constitutional crisis
which saw the removal of President Manuel Zelaya
and his replacement with Roberto Micheletti
.
In 1847 he founded the National Autonomous University of Honduras
(public) during the administration of President-elect John Lindo where taught civil law
, philosophy
and literature
, among others.
In 1860, after his defeat in Nicaragua
, Trujillo came to the U.S. (former president of Nicaragua) William Walker influenced by the ambiguous Monroe doctrine ( "America for Americans"). After deviating from his initial goal was the Bay Islands and the Mosquito
, which previously belonged to Britain, barricaded himself in the Fortress of San Fernando in Omoa and was shot in Trujillo on 12 September 1860, during the presidential General Jose Santos Guardiola
, who was assassinated two years after, the assassination took place before the end of his term.
Came to power in 1876, Marco Aurelio Soto
, and implemented liberal reforms in the country. These reforms of administrative, political, economic and social development, tried to spin 90 degrees to the disastrous situation lived Honduras
. Soto managed to improve lines of communication and others service. Construction of sections of railroad, the telegraph system and launched an education program unprecedented in the country. Despite the progress made during the administration, Honduras again fell back on social instability by failing to have products such as coffee grounds or snuff how to build a stable economy.
During the second half of the nineteenth century Honduras continued to participate in diplomatic efforts to restore political unity of Central America, and conference of (1872) and Guatemala
(1876). On 1 November 1898, the Greater Republic changed its name to Central America, but these were dissolved on 30 November and resumed sovereignty Honduras.
prepared a new constitution, agreed on it on 11 January 1982 and published it on 20 January 1982 in the official journal "La Gaceta". Since then, the National Congress of Honduras
made 26 amendments (ratified in 1984, 1986, 1987 (twice), 1988 (twice), 1990, 1991, 1995 (twice), 1996, 1998, 1999 (three times), 2000, 2001, 2002, 2003 (four times), 2004 (twice) and 2005 (twice)) and 10 interpretations from 1982 to 2005.
The 13th amendment to the Constitution was voted by Congress
on 30 September 1998, to make the President commander in chief of the armed forces. The amendment was ratified by Congress by a vote of 128-0 on 26 January 1999 and signed by President Flores. This ended 42 years of military autonomy; the military had previously been governed by a military parliament and a commander in chief from the armed forces.
, debate occurred in Honduran society regarding the creation of a constituent assembly
in order to rewrite the constitution, with support from many groups. President Manuel Zelaya
played an important role in the debate and was arrested and exiled to Costa Rica
by military officers on 28 June 2009. Whether or not it is constitutionally valid to hold a constituent assembly was a controversial issue, since Article 374 contains entrenched clauses regarding Article 373 and Article 374 itself, and Article 373 defines the method of modifying the constitution.
Article 373 is as follows - Article 373.- The reform of this Constitution may be ordered by the National Congress, in regular sessions, with two-thirds of votes of all of its members. The decree brought to the effect on the article or articles to be reformed, must be ratified by the subsequent regular parliamentary session of an equal number of votes, to enter into force.
.
A wide range of social organisations and some political parties coordinated together as the Frente Nacional de Resistencia contra el Golpe de Estado en Honduras
. In response to an international mediation meeting held in San Jose in Costa Rica in relation to the removal of the President, in which Zelaya would accept to take no actions that could lead towards a constituent assembly, the FNGE declared that it "strongly [supports] the continuation of processes for participatory democracy
, which will eventually lead to the convocation of the National Constituent Assembly and the prior definition of the criteria and requirements for the women and men who will be its members." On 28 August, in response to the nearing date of the Honduran general and presidential elections
that are planned to be held on 29 November 2009, FNGE declared its concerns regarding the electoral process and again called for a "popular, participatory, inclusive, non-discriminatory and democratic" constituent assembly to be held.
Following the removal of Zelaya, women's groups in Honduras, in particular Feminists in Resistance, have strongly supported the aim of holding a constituent assembly. Bertha Cáceres of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) and the Frente Nacional de Resistencia Contra el Golpe de Estado en Honduras
said that a constituent assembly would be important in order to defend women's rights
. She stated, "For the first time we would be able to establish a precedent for the emancipation of women, to begin to break these forms of domination. The current constitution never mentions women, not once, so to establish our human rights, our reproductive, sexual, political, social, and economic rights as women would be to really confront this system of domination."
On 31 August 2009, following the "XVIII National Gathering of Afro-Honduran Youth of the Organization for Ethnic and Community Development (ODECO)," Afro-Honduran youth leaders from several dozen different towns and cities made a declaration, of which some of the aims were the "immediate implementation of the right to plebiscite and referendum" and the convocation of a plebiscite in order to organise a constituent assembly
that would write a new constitution. The youth leaders called for the plebiscite to be held on the "last Sunday of November of 2010" and for "clear guarantees for wider and more representative participation among all sectors of the Honduran people".
Article 3 of the Constitution states that nobody has an obligation to obey a government that has taken power through armed force, that acts by such a government are [legally] null, and that people have the right to insurrection in order to defend constitutional government. The Constitution forbids handing over or expatriating Hondurans to foreign countries. A Honduran citizen who has held the title of Executive can not be President or Vice President of the Republic, and the person that breaks this regulation or proposes its amendment, as well as those who assist him directly or indirectly, will cease immediately to hold their respective offices, and will be disqualified for ten years from holding any public office. Article 373 states, "The reform of the Constitution can be decreed by the National Congress, in ordinary session, by a vote of two thirds the totality of its members, and must specify the article or articles that are to be reformed, and must be ratified by an equal number of votes in the subsequent ordinary legislature." Article 374 states, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to the form of government, to the national territory, to the presidential period, the prohibition to serve again as President of the Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period."
(Article 81), habeas corpus
(Article 84) and freedom of association
. On 29 September, one day after the decree was used to shut down the television stations Channel 36 and Radio Globo, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights (IAHCR) "expressed its most energetic rejection" of PCM-M-016-2009 and asked for the immediate suspension of its enforcement, because according to the IACHR, it "flagrantly [contradicted] the international standards for freedom of expression".
National Congress of Honduras
The National Congress is the legislative branch of the government of Honduras.The Honduran Congress is a unicameral legislature. The current President of the National Congress of Honduras is Juan Orlando Hernández. Its members are 128 deputies, who are elected on a proportional representation...
of Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
26 times from 1984 to 2005, and 10 interpretations by Congress were made from 1982 to 2005. It is Honduras' twelfth constitution since independence in 1838. Previous charters were adopted in 1839, 1848, 1865, 1873, 1880, 1894, 1906, 1924, 1936, 1957 and 1965.
The Constitution of Honduras gained a lot of international interest in June 2009 because of the 2009 Honduran constitutional crisis
2009 Honduran constitutional crisis
The 2009 Honduran constitutional crisis was a political dispute over plans to rewrite the Constitution of Honduras, which culminated in a coup d'état against Honduran President Manuel Zelaya by the Honduran military...
which saw the removal of President Manuel Zelaya
Manuel Zelaya
José Manuel Zelaya Rosales is a politician who was President of Honduras from January 27, 2006 until June 28, 2009. The eldest son of a wealthy businessman, he inherited his father's nickname "Mel," and, before entering politics, was involved in his family's logging and timber businesses.Elected...
and his replacement with Roberto Micheletti
Roberto Micheletti
Roberto Micheletti Baín is a former de facto president of Honduras who served as a result of the 2009 coup d'état. The Honduran military was ordered by the Supreme Court to forcefully detain President Manuel Zelaya once the Court stated he was violating the Honduran constitution; Zelaya was exiled...
.
1838–1981
Honduras broke away from the Central American Federation in October 1838 and became an independent sovereign state. However, in the 1840s and 1850s participated in several conferences Central American Union, which did not work, such as the Confederation of Central America (1842–1845), the covenant of Guatemala (1842), the Diet of Sonsonate (1846) and National Representation in Central America (1849–1852). Later adopted the name of Republic of Honduras.In 1847 he founded the National Autonomous University of Honduras
National Autonomous University of Honduras
The National Autonomous University of Honduras is the national public university of Honduras. It was founded in 1847 and has many campuses throughout the country.-Autonomy:...
(public) during the administration of President-elect John Lindo where taught civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
, philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
and literature
Literature
Literature is the art of written works, and is not bound to published sources...
, among others.
In 1860, after his defeat in Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
, Trujillo came to the U.S. (former president of Nicaragua) William Walker influenced by the ambiguous Monroe doctrine ( "America for Americans"). After deviating from his initial goal was the Bay Islands and the Mosquito
The Mosquito
The Mosquito or Mosquito alarm is an electronic device, used to deter loitering by young people, which emits a sound with a very high frequency...
, which previously belonged to Britain, barricaded himself in the Fortress of San Fernando in Omoa and was shot in Trujillo on 12 September 1860, during the presidential General Jose Santos Guardiola
José Santos Guardiola
General José Santos Guardiola Bustillo was President of Honduras from 17 February 1856 to 11 January 1862, when he became the only President of Honduras to be assassinated while in office in a crime committed by his personal guard.His parents were Esteban Guardiola and Bibiana Bustillo...
, who was assassinated two years after, the assassination took place before the end of his term.
Came to power in 1876, Marco Aurelio Soto
Marco Aurelio Soto
Marco Aurelio Soto was President of Honduras from 27 August 1876 until 19 October 1883. he was known as a liberal. He was a reforming President and had a great impact on the Honduras of his time, including the establishment of the Biblioteca Nacional de Honduras in 1880.-Biography:Dr. Marco...
, and implemented liberal reforms in the country. These reforms of administrative, political, economic and social development, tried to spin 90 degrees to the disastrous situation lived Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
. Soto managed to improve lines of communication and others service. Construction of sections of railroad, the telegraph system and launched an education program unprecedented in the country. Despite the progress made during the administration, Honduras again fell back on social instability by failing to have products such as coffee grounds or snuff how to build a stable economy.
During the second half of the nineteenth century Honduras continued to participate in diplomatic efforts to restore political unity of Central America, and conference of (1872) and Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
(1876). On 1 November 1898, the Greater Republic changed its name to Central America, but these were dissolved on 30 November and resumed sovereignty Honduras.
Constitution of 11 January 1982
Following several decades of military governments, a constituent assemblyConstituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
prepared a new constitution, agreed on it on 11 January 1982 and published it on 20 January 1982 in the official journal "La Gaceta". Since then, the National Congress of Honduras
National Congress of Honduras
The National Congress is the legislative branch of the government of Honduras.The Honduran Congress is a unicameral legislature. The current President of the National Congress of Honduras is Juan Orlando Hernández. Its members are 128 deputies, who are elected on a proportional representation...
made 26 amendments (ratified in 1984, 1986, 1987 (twice), 1988 (twice), 1990, 1991, 1995 (twice), 1996, 1998, 1999 (three times), 2000, 2001, 2002, 2003 (four times), 2004 (twice) and 2005 (twice)) and 10 interpretations from 1982 to 2005.
The 13th amendment to the Constitution was voted by Congress
National Congress of Honduras
The National Congress is the legislative branch of the government of Honduras.The Honduran Congress is a unicameral legislature. The current President of the National Congress of Honduras is Juan Orlando Hernández. Its members are 128 deputies, who are elected on a proportional representation...
on 30 September 1998, to make the President commander in chief of the armed forces. The amendment was ratified by Congress by a vote of 128-0 on 26 January 1999 and signed by President Flores. This ended 42 years of military autonomy; the military had previously been governed by a military parliament and a commander in chief from the armed forces.
From 2006 to 28 June 2009
Starting in 2006 and leading to the 2009 Honduran constitutional crisis and removal of Zelaya2009 Honduran constitutional crisis
The 2009 Honduran constitutional crisis was a political dispute over plans to rewrite the Constitution of Honduras, which culminated in a coup d'état against Honduran President Manuel Zelaya by the Honduran military...
, debate occurred in Honduran society regarding the creation of a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
in order to rewrite the constitution, with support from many groups. President Manuel Zelaya
Manuel Zelaya
José Manuel Zelaya Rosales is a politician who was President of Honduras from January 27, 2006 until June 28, 2009. The eldest son of a wealthy businessman, he inherited his father's nickname "Mel," and, before entering politics, was involved in his family's logging and timber businesses.Elected...
played an important role in the debate and was arrested and exiled to Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
by military officers on 28 June 2009. Whether or not it is constitutionally valid to hold a constituent assembly was a controversial issue, since Article 374 contains entrenched clauses regarding Article 373 and Article 374 itself, and Article 373 defines the method of modifying the constitution.
Article 373 is as follows - Article 373.- The reform of this Constitution may be ordered by the National Congress, in regular sessions, with two-thirds of votes of all of its members. The decree brought to the effect on the article or articles to be reformed, must be ratified by the subsequent regular parliamentary session of an equal number of votes, to enter into force.
- Article interpreted by Decree 169/1986
Since 28 June 2009
Following the removal of Zelaya, several organisations, including leaders of women's and Afro-Honduran organisations and a coalition of organisations in Honduras have continued to call for the holding of a constituent assemblyConstituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
.
A wide range of social organisations and some political parties coordinated together as the Frente Nacional de Resistencia contra el Golpe de Estado en Honduras
National Resistance Front (Honduras)
The National Popular Resistance Front or National People's Resistance Front , frequently referred to as the National Resistance Front, is a wide coalition of Honduran grassroots organisations and political parties and movements that aims to restore elected President Manuel Zelaya and hold a...
. In response to an international mediation meeting held in San Jose in Costa Rica in relation to the removal of the President, in which Zelaya would accept to take no actions that could lead towards a constituent assembly, the FNGE declared that it "strongly [supports] the continuation of processes for participatory democracy
Participatory democracy
Participatory Democracy, also known as Deliberative Democracy, Direct Democracy and Real Democracy , is a process where political decisions are made directly by regular people...
, which will eventually lead to the convocation of the National Constituent Assembly and the prior definition of the criteria and requirements for the women and men who will be its members." On 28 August, in response to the nearing date of the Honduran general and presidential elections
Honduran general election, 2009
The Honduran general election, 2009 was held in Honduras on 29 November 2009, including presidential, parliamentary and local elections. Voters went to the polls to elect:*A new President of Honduras to serve a four-year term starting January 27, 2010....
that are planned to be held on 29 November 2009, FNGE declared its concerns regarding the electoral process and again called for a "popular, participatory, inclusive, non-discriminatory and democratic" constituent assembly to be held.
Following the removal of Zelaya, women's groups in Honduras, in particular Feminists in Resistance, have strongly supported the aim of holding a constituent assembly. Bertha Cáceres of the Civic Council of Popular and Indigenous Organizations of Honduras (COPINH) and the Frente Nacional de Resistencia Contra el Golpe de Estado en Honduras
National Resistance Front (Honduras)
The National Popular Resistance Front or National People's Resistance Front , frequently referred to as the National Resistance Front, is a wide coalition of Honduran grassroots organisations and political parties and movements that aims to restore elected President Manuel Zelaya and hold a...
said that a constituent assembly would be important in order to defend women's rights
Feminism
Feminism is a collection of movements aimed at defining, establishing, and defending equal political, economic, and social rights and equal opportunities for women. Its concepts overlap with those of women's rights...
. She stated, "For the first time we would be able to establish a precedent for the emancipation of women, to begin to break these forms of domination. The current constitution never mentions women, not once, so to establish our human rights, our reproductive, sexual, political, social, and economic rights as women would be to really confront this system of domination."
On 31 August 2009, following the "XVIII National Gathering of Afro-Honduran Youth of the Organization for Ethnic and Community Development (ODECO)," Afro-Honduran youth leaders from several dozen different towns and cities made a declaration, of which some of the aims were the "immediate implementation of the right to plebiscite and referendum" and the convocation of a plebiscite in order to organise a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
that would write a new constitution. The youth leaders called for the plebiscite to be held on the "last Sunday of November of 2010" and for "clear guarantees for wider and more representative participation among all sectors of the Honduran people".
Debate about the constitutionality of the 2009 presidential ouster
The constitutionality of the removal of Zelaya from Honduras on 28 June 2009 was controversial.Articles of the 1982 Constitution
Several articles of the 1982 Constitution that were referred to during the crisis include the following.Article 3 of the Constitution states that nobody has an obligation to obey a government that has taken power through armed force, that acts by such a government are [legally] null, and that people have the right to insurrection in order to defend constitutional government. The Constitution forbids handing over or expatriating Hondurans to foreign countries. A Honduran citizen who has held the title of Executive can not be President or Vice President of the Republic, and the person that breaks this regulation or proposes its amendment, as well as those who assist him directly or indirectly, will cease immediately to hold their respective offices, and will be disqualified for ten years from holding any public office. Article 373 states, "The reform of the Constitution can be decreed by the National Congress, in ordinary session, by a vote of two thirds the totality of its members, and must specify the article or articles that are to be reformed, and must be ratified by an equal number of votes in the subsequent ordinary legislature." Article 374 states, "It is not possible to reform, in any case, the preceding article, the present article, the constitutional articles referring to the form of government, to the national territory, to the presidential period, the prohibition to serve again as President of the Republic, the citizen who has performed under any title in consequence of which she/he cannot be President of the Republic in the subsequent period."
Decree PCM-M-016-2009
From 22 September 2009 to 19 October 2009, five constitutional rights were suspended in the Micheletti de facto government's Decree PCM-M-016-2009: personal liberty (Article 69), freedom of expression (Article 72), freedom of movementFreedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
(Article 81), habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
(Article 84) and freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
. On 29 September, one day after the decree was used to shut down the television stations Channel 36 and Radio Globo, the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights (IAHCR) "expressed its most energetic rejection" of PCM-M-016-2009 and asked for the immediate suspension of its enforcement, because according to the IACHR, it "flagrantly [contradicted] the international standards for freedom of expression".
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
External links
- Constitución Vigente de Honduras, National Congress of HondurasNational Congress of HondurasThe National Congress is the legislative branch of the government of Honduras.The Honduran Congress is a unicameral legislature. The current President of the National Congress of Honduras is Juan Orlando Hernández. Its members are 128 deputies, who are elected on a proportional representation...
- Honduran Constitution with 2005 reforms, Georgetown UniversityGeorgetown UniversityGeorgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
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