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Part 3: A referendum?

Part 3: A referendum?

Last Updated on Wednesday, 12 August 2009 13:26

The international community has constantly referred to Mr. Zelaya’s Project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) as a referendum. Let me make it clear that it is not a referendum. Article 5 of the Constitution of Honduras states “The government must uphold the principle of a participative democracy with the finality of achieving national integration, it involves the participation of all political sectors in the public administration of the State, with the goal of ensuring and strengthening the progress of Honduras and based on political stability and national conciliation. See Decree 242-2003, dated January 20, 2004, and titled: Constitutional Reform: Referendum.” The constitutional reform to article 5 of the Constitution reads as follows:

To strengthen and enforce the concept of a participative democracy the instrument known as Referendum is hereby established to consult all citizens on matters considered important to national interests. A special law approved by 2/3 of the members of Congress shall determine the procedures, requirements, and other aspects necessary to the execution of this popular vote.

The Referendum can be summoned based on an Ordinary Law, a Constitutional norm or its previously ratified reform to be approved or disapproved by all citizens.

By request of at least 10 members of Congress, The President of the Republic in a joint effort with his Cabinet, or 6% of all registered voters, the National Congress will acknowledge and discuss such a request; and if approved by 2/3 of its members will issue a decree to determine the extent and limit of the popular vote, ordering the Supreme Electoral Tribunal (Tribunal Supremo Electoral) to summon all citizens to participate in the referendum.

It is the sole responsibility of the Supreme Electoral Tribunal (Tribunal Supremo Electoral) to summon, organize and direct the popular vote mentioned in the previous paragraphs. The referendum cannot be used to reform Article 374 of this constitution. Likewise it cannot be used to consult the population on matters related to Taxes, Public Credits, Amnesties, the National Currency, Budgets, and International Treaties or Agreements.

After reading the above it should be perfectly clear that Mr. Manuel Zelaya’s project for a Fourth Ballot Box (Proyecto de la Cuarta Urna) was not a referendum, and that a referendum is the only legally established way to conduct a popular vote to consult the general population. Mr. Manuel Zelaya’s project was something not legally contemplated by the Honduran Judicial System, and prohibited by the Constitution and its laws, and therefore illegal.