Honduras' non-coup
Los Angeles Times Opinion
By Miguel A. Estrada
EXCERPT:
<<<SNIP>>> Emphasis added throughout by ME <<<SNIP>>>
Under the country's Constitution, the ouster of President Manuel Zelaya was legal.
July 10, 2009
Honduras, the tiny Central American nation, had a change of leaders on June 28. The country's military arrested President Manuel Zelaya -- in his pajamas, he says -- and put him on a plane bound for Costa Rica. A new president, Roberto Micheletti, was appointed. Led by Cuba and Venezuela (Sudan and North Korea were not immediately available), the international community swiftly condemned this "coup."
Something clearly has gone awry with the rule of law in Honduras -- but it is not necessarily what you think. Begin with Zelaya's arrest. The Supreme Court of Honduras, as it turns out, had ordered the military to arrest Zelaya two days earlier. A second order (issued on the same day) authorized the military to enter Zelaya's home to execute the arrest. These orders were issued at the urgent request of the country's attorney general. All the relevant legal documents can be accessed (in Spanish) on the Supreme Court's website. They make for interesting reading.
What you'll learn is that the Honduran Constitution may be amended in any way except three. No amendment can ever change (1) the country's borders, (2) the rules that limit a president to a single four-year term and (3) the requirement that presidential administrations must "succeed one another" in a "republican form of government."
In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection "shall cease forthwith" in his duties, and Article 4 provides that any "infraction" of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
As detailed in the attorney general's complaint, Zelaya is the type of leader who could cause a country to wish for a Richard Nixon. Earlier this year, with only a few months left in his term, he ordered a referendum on whether a new constitutional convention should convene to write a wholly new constitution. Because the only conceivable motive for such a convention would be to amend the un-amendable parts of the existing constitution, it was easy to conclude -- as virtually everyone in Honduras did -- that this was nothing but a backdoor effort to change the rules governing presidential succession. Not unlike what Zelaya's close ally, Hugo Chavez, had done in Venezuela.
It is also worth noting that only referendums approved by a two-thirds vote of the Honduran Congress may be put to the voters. Far from approving Zelaya's proposal, Congress voted that it was illegal.
<<<SNIP>>>
If there were any doubt on that score, the Congress removed it by convening immediately after Zelaya's arrest, condemning his illegal conduct and overwhelmingly voting (122 to 6) to remove him from office. The Congress is led by Zelaya's own Liberal Party
<<<SNIP>>>
It cannot be right to call this a "coup." Micheletti was lawfully made president by the country's elected Congress. The president is a civilian. The Honduran Congress and courts continue to function as before. The armed forces are under civilian control. The elections scheduled for November are still scheduled for November.
<<<SNIP>>>True, Zelaya should not have been arbitrarily exiled from his homeland. That, however, does not mean he must be reinstalled as president of Honduras. It merely makes him an indicted private citizen with a meritorious immigration beef against his country.
END EXCERPT
National Review's Andy McCarthy had this nice little summation:
Bottom line: Hugo Chavez wants Zelaya in, the law of Honduras says Zelaya must be out; Obama sided with Chavez.
Los Angeles Times Opinion
By Miguel A. Estrada
EXCERPT:
<<<SNIP>>> Emphasis added throughout by ME <<<SNIP>>>
Under the country's Constitution, the ouster of President Manuel Zelaya was legal.
July 10, 2009
Honduras, the tiny Central American nation, had a change of leaders on June 28. The country's military arrested President Manuel Zelaya -- in his pajamas, he says -- and put him on a plane bound for Costa Rica. A new president, Roberto Micheletti, was appointed. Led by Cuba and Venezuela (Sudan and North Korea were not immediately available), the international community swiftly condemned this "coup."
Something clearly has gone awry with the rule of law in Honduras -- but it is not necessarily what you think. Begin with Zelaya's arrest. The Supreme Court of Honduras, as it turns out, had ordered the military to arrest Zelaya two days earlier. A second order (issued on the same day) authorized the military to enter Zelaya's home to execute the arrest. These orders were issued at the urgent request of the country's attorney general. All the relevant legal documents can be accessed (in Spanish) on the Supreme Court's website. They make for interesting reading.
What you'll learn is that the Honduran Constitution may be amended in any way except three. No amendment can ever change (1) the country's borders, (2) the rules that limit a president to a single four-year term and (3) the requirement that presidential administrations must "succeed one another" in a "republican form of government."
In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection "shall cease forthwith" in his duties, and Article 4 provides that any "infraction" of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
As detailed in the attorney general's complaint, Zelaya is the type of leader who could cause a country to wish for a Richard Nixon. Earlier this year, with only a few months left in his term, he ordered a referendum on whether a new constitutional convention should convene to write a wholly new constitution. Because the only conceivable motive for such a convention would be to amend the un-amendable parts of the existing constitution, it was easy to conclude -- as virtually everyone in Honduras did -- that this was nothing but a backdoor effort to change the rules governing presidential succession. Not unlike what Zelaya's close ally, Hugo Chavez, had done in Venezuela.
It is also worth noting that only referendums approved by a two-thirds vote of the Honduran Congress may be put to the voters. Far from approving Zelaya's proposal, Congress voted that it was illegal.
<<<SNIP>>>
If there were any doubt on that score, the Congress removed it by convening immediately after Zelaya's arrest, condemning his illegal conduct and overwhelmingly voting (122 to 6) to remove him from office. The Congress is led by Zelaya's own Liberal Party
<<<SNIP>>>
It cannot be right to call this a "coup." Micheletti was lawfully made president by the country's elected Congress. The president is a civilian. The Honduran Congress and courts continue to function as before. The armed forces are under civilian control. The elections scheduled for November are still scheduled for November.
<<<SNIP>>>True, Zelaya should not have been arbitrarily exiled from his homeland. That, however, does not mean he must be reinstalled as president of Honduras. It merely makes him an indicted private citizen with a meritorious immigration beef against his country.
END EXCERPT
National Review's Andy McCarthy had this nice little summation:
Bottom line: Hugo Chavez wants Zelaya in, the law of Honduras says Zelaya must be out; Obama sided with Chavez.
