Why Zelaya's Actions Were Legal

Currently, there is a tragedy being staged in the Central American republic Honduras. Meanwhile, the rest of humanity follows the events, as spectators of an outdated event in Latin America, which could set a very unfortunate undemocratic precedent for the region. In their rage, the almighty gods of Honduran politics have punished an aspiring titan, President Manuel Zelaya, for attempting to give Hondurans the gift of participatory democracy. This generated a constitutional conflict that resulted in president Zelaya’s banishment and exile. In this tragedy, words are once again the healers of enraged minds. If we, the spectators, are not attentive to these words, we risk succumbing intellectually, willfully accepting the facts presented by the angry coup-makers and Honduran gods of politics.

In this respect, media coverage of the recent military coup in Honduras is often misleading; even when it is presenting a critical standpoint towards the events. Concentrating on which words are used to characterize the policies conducted by President Zelaya might seem trivial at first sight. But any familiarity to the notion of ‘manufacturing of consent’, and how slight semantic tricks can be used to manipulate public opinion and support, is enough to realize the magnitude of certain omissions. Such oversights rely on the public’s widespread ignorance about some apparently minor legal intricacies in the Honduran Constitution.

For example, most reports have stated that Manuel Zelaya was ousted from his country’s presidency after he tried to carry out a non-binding referendum to extend his term in office. But this is not completely accurate. Such presentation of “facts” merely contributes to legitimizing the propaganda, which is being employed by the coup-makers in Honduras to justify their actions. This interpretation is widespread in US-American liberal environments, especially after Secretary of State Hillary Clinton said that the coup is unacceptable, but that “all parties have a responsibility to address the underlying problems that led to [Sunday]’s events.” However, President Zelaya cannot be held responsible for this flagrant violation of the Honduran democratic institutions that he has tried to expand. This is what has actually happened:

The Honduran Supreme Court of Justice, Attorney General, National Congress, Armed Forces and Supreme Electoral Tribunal have all falsely accused Manuel Zelaya of attempting a referendum to extend his term in office.

According to Honduran law, this attempt would be illegal. Article 239 of the Honduran Constitution clearly states that persons, who have served as presidents, cannot be presidential candidates again. The same article also states that public officials who breach this article, as well as those that help them, directly or indirectly, will automatically lose their immunity and are subject to persecution by law. Additionally, articles 374 and 5 of the Honduran Constitution of 1982 (with amendments of 2005), clearly state that: “it is not possible to reform the Constitution regarding matters about the form of government, presidential periods, re-election and Honduran territory”, and that “reforms to article 374 of this Constitution are not subject to referendum.”

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