Responses to the Coup d'etat in Honduras on Sunday June 28, with special emphasis on producing English-language versions of commentaries by Honduran scholars and editorial writers and addressing the confusion encouraged by lack of basic knowledge about Honduras.

Thursday, October 22, 2009

What Micheletti wants: Recognition before Restitution

As published in La Tribuna, the latest "proposal" from the de facto regime, has been distributed at a press conference.

Apparently, it irritates the de facto regime that no one will agree they are a constitutional government; remember, what is offered here is intended for signature by Zelaya's representatives, who thus would be included in the "we" agreeing that the present claimed Executive branch is legitimate:

New Proposal of the Commission of the President, Roberto Micheletti

We recognize the legitimacy of the constituted powers, Executive, Legislative, Judicial, and the Supreme Electoral Tribunal (TSE) for having been conformed according to Articles 202, 205 points 9 and 11 of the Constitution of the Republic.

Recognizing that the different parties intervening in this dialogue have proposed different instances of public power, on the one hand, the Supreme Court, on the other, the National Congress, to decide about the pretension of the citizen, José Manuel Zelaya Rosales, we propose that the parties exercise their constitutional rights to petition before whoever is appropriate for support of the processual guarantees that the State of law would establish.

The preceding implies a commitment by the parties to put an end to the situation in which the country lives, as a consequence of this accord the parties would remain obligated and commited to support the electoral process already underway to the effect that the same will be realized in an atmosphere of order, tranquility, and transparency, legitimacy and full participation by the Honduran electorate, as has been agreed in the point relative to general elections and the transfer of government in the present accord.

Translation: we will never admit that you are the constitutional President. We will never agree which body of government has authority to rescind the actions we took on June 28. We insist that you go along with our assertion that we are having a free election so that it will be recognized internationally. That's why we forced you to sign that point of the accord first. We are the legitimate President because we interpret the constitution as we see fit. Good luck with getting anyone to support your claim that your rights were violated, but feel free to bring it to anyone you want.

The claimed Constitutional basis for this latest "proposal" cites Articles 202 and 205. These citations illustrate the degree to which simply shouting "Constitution" has become an empty symbolic gesture for the de facto regime.

Article 202 simply defines the makeup of Congress.

Article 205 sets out the duties and powers of Congress. Number 9 cites the role of Congress in naming the commission that nominates Supreme Court Justices.

Article 205, number 11 simply notes that that Congress names the Supreme Electoral Tribunal.

Update 3:10 PM PDT: Rodil Rivera, a negotiator for Manuel Zelaya, says "leaving out a few paragraphs", the proposal is within the framework of the San Jose Accord and is therefore negotiable. "We have studied it, we've analyzed it and now we'll go consult with President Zelaya" he added.

Negotiations to resume at the Hotel Clarion at 5 pm Tegucigalpa time.


Doug Zylstra said...

This seems confusing, maybe on purpose. The governwnt referred to in the first paragraph could as easily refer to Zelaya's prior to June 28; as I remember, the language was similar to their proposal from last Friday.

Anonymous said...

It's unclear to me why Zelaya is negotiating with Micheletti. Micheletti denies that he has the authority to reach an agreement. Therefore, it seems to me they should break off any further negotiations and begin direct negotiations with the Congress and, to kill any remaining process against Zelaya, the Supreme Court.

I think the point of this addition is to provide effective amnesty to the coup participants: if they were usurpers, they have no protection from Honduran or international law for their crimes. If they were the government, then they gain sovereign immunity. But there's no doubt that if Zelaya were to sign, the Congress and the Supreme Court would simply say, "Having heard your petition to return to office, we reject it." And he could do nothing, because he had recognized their right to decide.

BTW, I think the LaT link was volatile. This one may be stable. Or not. The coup newspapers are very quick to re-write history.


Doug Zylstra said...

Re-read it, and Micheletti is indeed forcing Zelaya to recognize him as President before he gets a chance to have his case adjudicated.

Hopefully that's one of the few paragraphs they want to get rid of.

Nell said...

Zelaya has rejected the Micheletti "proposal".

It's over.