Tuesday, June 30, 2009

What the Honduran Constitution States and the current situation of Honduras:

This is from the blog of Laura Miranda-Flefil's Blog. She is a Honduran lawyer in Tegucigalpa. it shows prrof that the world governments are wrong, an that this was not a coup.

What the Honduran Constitution States and the current situation of Honduras:

The Honduran Constitution has been enforced in Honduras since January 20th 1982
This is the longest running Constitution in the History of our country
It was a Historical document that put an end to a time of great crisis in our country, after decades of military coups and presidents who abused reelection (one of whom stayed in power for 17 years)
The Honduran Constitution has a total of 379 articles
According to article 373, articles of the constitution can be reformed by declaration of the National Congress, in ordinary sessions, by a vote of no less than 2/3 of Congressmen.
Article 374 establishes the following prohibition: UNDER NO CIRCUMSTANCE CAN THE FOLLOWING ARTICLES BE REFORMED:
o Form of Government - article 4 of the Constitution
o National Territory – articles 9, 10, 11, 12, 13 and 14 of the Constitution
o The way the constitution can be changed – article 373 of the Constitution
o Presidential Term (4 years) - article 237 of the Constitution
o Prohibition of Reelection to the Office of President of the Republic – article 237 of the Constitution
o Disposition of those who can’t serve as President
Every article that doesn’t talk of such things CAN BE and some HAVE BEEN REFORMED
Question: what exactly did Mr Zelaya intend with his “cuarta urna” election last Sunday?
If anyone thinks he didn’t want to be reelected or stay in continuous power, he or she need only look at his various speeches over the last months, one of them last Thursday given over the course of 2 hours in which he stated “the reelection of a president will be a subject of discussion of the new national constitutional assembly” (what he wanted to install with the cuarta urna)
A constitutional assembly can’t coexist with Congress, installing one would mean the dissolution of this power.
A constitutional assembly means rewriting the whole constitution, which is unconstitutional.
The "cuarta urna" was declared illegal by the Court of Administrative Law, ratified by the Court of Appeals. The action to have them declared as such was started by the District Attorney’s office; the Attorney General answered the action by saying that the “cuarta urna” was UNCONSTITUTIONAL and ILLEGAL.
The Superior Electoral Tribunal declared the “cuarta urna” to be illegal and all material to be used for it to be illegal material.
The constitution and the actions in its defense are being supported by Congress, Supreme Court of Honduras, Superior Electoral Tribunal, Attorney General, District Attorney, Armed Forces, Human Rights Movement, Democratic Civil Movement, Generation X and Y Movement, Alliance for Peace and Democracy, the Catholic Church, Evangelical Churches and the majority of the Honduran Population.
Last week at least 50,000 people in San Pedro Sula, the industrial capital of Honduras, protested against the illegal “cuarta urna”.
Manuel Zelaya fired the Joint Chief of Staff for not accepting the unconstitutional order to make the armed forces guard the “cuarta urna” actions, congress (using article 205, numeral 20 of the Constitution) disapproved this action and reinstated the Joint Chief of Staff in his post. The Supreme Court of Justice admitted 2 writs by the District Attorney and a private attorney, temporarily reinstating the Joint Chief of Staff pending further review.
Last Thursday, Mr Zelaya and his supporters stormed the Air Force Base in Toncontin and extracted the “cuarta urna” materials that had been declared illegal; the material had been made and printed in VENEZUELA.
THIS IS NOT A MILITARY COUP. The Supreme Court of Honduras ordered the military to seize any illegal material, some of which was in the Zelaya household.
No constitutional power has been dissolved. All institutions are still at work and have the same elected leaders.

Article 42, numeral 5 of the Honduran Constitution states that citizenship is LOST if you incite, promote or support the continuity or reelection of the President of our Republic.
Article 3 of the Honduran Constitution states that “nobody owes obedience to a usurper government…who breaks or doesn’t acknowledge what the Constitution and its laws state. The acts that these authorities verify are NULL AND VOID. The population has the right to resort to insurgence in defense of CONSTITUTIONAL ORDER”
Article 2 of the Honduran Constitution states that the usurpation of any power of the government constitutes a crime typified as TREASON AGAINST THE COUNTRY and that these cases are imprescriptible and the action can be started by the state or by any citizen.
Honduras doesn’t have a vice president, he resigned to run for president himself, and by article 242 of the Constitution the President of Congress becomes the President of Honduras
128 of the 128 congressmen approved the decree that made Roberto Micheletti Bain the current president; he is no longer a congressman, he doesn’t hold any congressional office, he is no longer the president of the Honduran Congress, in other words he doesn't hold 2 offices.
Until last Sunday Honduras had yet to have an approved budget, Manuel Zelaya had yet to send it to Congress for its approval. This constitutes Penal Crimes of Abuse of Power and Disobedience.
Article 40 of the Constitution states that all citizens of Honduras have the obligation to abide by, defend and uphold the Constitution and it’s laws
Upon taking power every president (and every public officer) after 1982 have taken the following oath “I Promise to be faithful to the Republic, to abide by and uphold the Constitution and its laws.” Mr Zelaya took this oath and so did Constitutional President Roberto Micheletti Bain. (article 322 of the Honduran Constitution)

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