The Return of Zelaya And Why It Doesn’t Matter

September 25, 2009

In the early hours of June 28, 2009, Honduran President Manuel Zelaya was torn from his bed at gun point, ushered onto a military aircraft and dropped, in his pyjamas, on a Costa Rican runway. On Monday, September 21, after almost three months, the popular leader, confidently wearing his iconic white cowboy hat, returned to the country that elected him in 2006. Zelaya’s triumphant reply to the threat of arrest and prosecution was however, short-lived, as he was quickly ushered into the secure and sovereign confines of the Brazilian embassy in Tegucigalpa.
Outside the embassy gates, the pro-democracy movement celebrated the small but symbolic first step in what was hoped to be an eventual return to Honduran democracy. Supporters could be heard shouting “Adelante, adelelante la lucha es constante,” (Forward, forward the struggle will continue) the rallying cry of the pro-democracy movement. Despite the strict curfew imposed that Monday and the continuing threat of arrest and violent repression at the hands of security forces, protestors stood their ground. “Tienen miedo porque no tenemos miedo,” (They are scared because we have no fear) crackled from a megaphone outside the barricaded Brazilian Embassy, referring to the increasingly isolated interim government of Roberto Micheletti; a government that, despite growing internal and international pressure, remains defiant, refusing to accept a negotiated return to democratic rule and relying increasingly on military repression to maintain its hold on power.
Five such protesters stand accused of sedition against the State, and participating in an illegal protest. They were caught spray-painting "golpistas" (coup supporters) on the walls of the National party. The crimes of sedition and illegal protest carry sentences of 15-20 and 6-8 years, respectively. The five were detained during a violent confrontation that began when the Liberal party Mayor of Choluteca, Quintín Soriano, arrived with 100 men to confront a peaceful protest organized by the National Front Against the Coup. Mayor Quintín Soriano himself was filmed on national TV (channel 36 news) carrying a nine-millimetre pistol as he walked with his men towards the protesters. No charges were laid against Soriano or any of his men, who – with machetes and rocks - attacked the protesters.
The Inter-American Human Rights Commission, an autonomous arm of the Organization of American States, has confirmed earlier allegations of the use of disproportionate force by the interim government’s security forces. This has included arbitrary detentions, cruel, inhumane and degrading treatment, violations of freedom of expression and involvement in at least four related assassinations. The most recent crackdown has produced at least two additional civilian deaths while countless numbers of opposition protestors remain in government detention.
Five such protesters stand accused of sedition against the State, and participating in an illegal protest. They were caught spray-painting "golpistas" (coup supporters) on the walls of the National party. The crimes of sedition and illegal protest carry sentences of 15-20 and 6-8 years, respectively. The five were detained during a violent confrontation that began when the Liberal party Mayor of Choluteca, Quintín Soriano, arrived with 100 men to confront a peaceful protest organized by the National Front Against the Coup. Mayor Quintín Soriano himself was filmed on national TV (channel 36 news) carrying a nine-millimetre pistol as he walked with his men towards the protesters. No charges were laid against Soriano or any of his men, who – with machetes and rocks - attacked the protesters.
In spite of such grave personal risk, vocal and visible opposition to Micheletti’s illegal government continues to grow. Alfredo Lopez from the National Black Fraternal Organization sees the increasing protests as part of a longer term movement towards a more just, Honduran society. To that end, Lopez predicts the protests won’t stop even if Zelaya returns as President within the framework of a negotiated settlement. Lopez refers to the San Jose Accords, recently reached between representatives of Zelaya and Micheletti under the supervision of Nobel Peace Laureate and Costa Rican President Oscar Arias. “The accords are useful for the president to return,” says Lopez, “but they will not stop us from demanding what we want which is a new constitutional framework for the country in which we are all included.”
The Honduran constitution like many others of the region was negotiated behind a retreating military regime in 1982. As such, the document is largely seen as the most significant obstacle to a modern and equitable Honduran society. The country remains one of the poorest states in the Americas, second only to the republic of Haiti, and suffers from one of the worst levels of inequality in the world.
Lopez continues: “We don’t want a congress that makes decisions for us without consulting us. We don’t want a supreme court that sells justice by the kilo. We don’t want the riches that the rich have. They will continue to be rich but they should share their power.”
The terms of the San Jose accords would provide for a return of Zelaya who, during his presidency, increased the minimum wage by over 60%, improved labour standards and is largely perceived to speak for the historically under-represented sectors of Honduran society. His return however, would be conditional on the establishment of a coalition government with limited legislative powers; specifically the new government would be expressly forbidden from pushing further for constitutional change. The future of Honduran democracy hinges on this point. The constitution in its current form shackles any government effort to cultivate meaningful change and progress in the country. The real issue of the outmoded constitution was largely deflected by Zelaya’s detractors, using it instead as political currency.
The limitation on constitutional reform is rooted in the perception that Zelaya’s planned plebiscite scheduled for June 28, 2009 was an act of sedition against the state. Micheletti and his congressional and judicial supporters accuse Zelaya of intending to use the non-binding referendum to repeal the single term limit and extend his own rule. Under article 239 of the Honduran constitution, the mere mention of repealing the term limit is expressly forbidden, the penalty—the immediate removal from office and a 10 year suspension from returning to political life. NO concrete evidence has surfaced indicating Zelaya would change that limit and it is an accusation he adamantly denies. Furthermore, the proposed referendum was limited to measuring popular support for the establishment of a third-party assembly to assess the merits of Constitutional reform.
Ironically, coup leader, Roberto Micheletti was one of twelve members of congress to sign a motion in 1985, legalizing the repeal of term limits. In what has become an increasingly personal feud between Zelaya and Micheletti, the popular desire and social need for concrete changes in Honduras’ legal charter, has been lost.
Even the strict tenets of the San Jose Accords have failed to appease de facto president Micheletti, who refuses to endorse the negotiated settlement. Coup backers are relying instead on upcoming elections to legalize and entrench their power. The National Front Against the Coup has denounced the very idea of holding "democratic" elections in a country controlled by an oligarchic-military regime. They have stated: “Without the restitution of constitutional order, the general elections would be the legalization of the military violence against the state; for that reason, they are unacceptable.” The U.S. appears to agree, recently stepping up sanctions—withdrawing millions of dollars in aid and cancelling diplomatic visas to coup leaders—and saying it will not recognize the outcome of any election held under current conditions. Nevertheless, the government and pro-coup supporters are gearing up for a November 29 vote.
The LaTribuna.hn newspaper reported on 9 September, 2009, that some wealthy sectors of Honduras will even offer discounts to people who vote. LaTribuna.hn interviewed Adolfo Facusse, the president of the National Association of Industry (ANDI) and vocal coup supporter. Facusse has promised that on November 29, ANDI would provide real incentives for Hondurans to get out and vote: “We are thinking of ways to enthuse the voters. So, we will offer discounts in all our businesses to all people who vote. They just have to show up with the finger died in ink [proof they voted], and they will get an automatic discount in any store anywhere in the country.”
In the context of the determined and growing protests and increasing demands for a return to normalcy, democracy and the rule of law, it remains to be seen whether such publicity stunts will get the populace to the polls, or if the political agenda of the coup can be sold to Hondurans at the price of store discounts. What is clear is the Honduran people are finding a voice, a voice that will likely endure much longer then the political machinations of Micheletti or Zelaya.

Interviews courtesy of Jennifer Moore (Rights Action).Interviews courtesy of Jennifer Moore (Rights Action).

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