Posted: August 10, 2009 12:09 PM
Honduran Coup Decree Shows Coup "Justification" Was After the Fact
~snip~
Posted: August 10, 2009 12:09 PM
Honduran Coup Decree Shows Coup "Justification" Was After the Fact
Supporters in the U.S. of the coup in Honduras have frequently made two claims to justify it which are demonstrably false, which have nonetheless been widely accepted in the U.S., because they have been largely unchallenged in the U.S. media: the Honduran Congress authorized Zelaya's removal, and the basis for that removal was Article 239 of the Honduran Constitution, which forbids someone from being President if he has already been President, and says that anyone who advocates changing this provision will cease to be President.
The actual decree of the Honduran Congress is attached. Note the following.
1) the document never mentions Article 239.
2) the document is dated "MIERCOLES 1 DE JULIO DEL 2009," i.e. Wednesday, July 1, 2009, three days after the coup on Sunday, June 28.
So: 1) the decree of the Honduran Congress, which is being cited as justification for it, was produced when the coup was already three days old, and 2) this decree never mentioned Article 239.
Note that President Zelaya didn't advocate the extension of his term, contrary to the claim that is often made in the U.S. He proposed a nonbinding referendum on whether there should be a constitutional convention, a longstanding demand of social movements in Honduras. Even had the nonbinding referendum been successful, there is no plausible scenario in which it would have led to a change in this provision of the constitution prior to the scheduled November election in which Zelaya was to be replaced and in which he was not a candidate. At most it could have resulted in a binding referendum for a constitutional referendum on the same November ballot on which Zelaya would have been replaced. So the claim that President Zelaya was "trying to extend his term" is not only false, but logically impossible.
More:
http://www.huffingtonpost.com/robert-naiman/honduran-coup-decree-show_b_255600.html~~~~~ Honduras: Lawyers Question Basis of Zelaya Ouster
Written by Jennifer Moore
Friday, 25 September 2009 06:26
~snip~
a preliminary report by an international delegation of lawyers that visited Honduras in late August affirms that a military coup is what took place. The report considers the lack of an independent judiciary in Honduras as part of the context in which this occurred and points to powerful economic and political groups opposed to social advances promoted by President Zelaya as the driving force behind the coup.
The report, drafted by members of the American Association of Jurists, the National Lawyers Guild, the International Association of Democratic Lawyers and the International Association Against Torture, further states that the military overthrow was a clear violation of Honduras' 1982 Political Constitution. Among various constitutional articles that the report claims were violated includes Article 102, which states: "No Honduran may be expatriated nor delivered by the authorities to a foreign state." <1>
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According to the report, the opinion poll was a "determining factor" in the coup. They explain that "powerful economic and political sectors including those who control the Honduran media vehemently opposed the move and recurred to the courts and the legislature to put in motion a very accelerated lawsuit, lacking assurances of due process in order to justify actions without grounds against President Zelaya, who they intended to try." Other reforms Zelaya was enacting which enraged to the business class included the rise in the minimum wage, the exclusion of intermediaries from state fuels purchases and the decision to purchase oil from the cheapest provider - the Venezuelan oil company Petrocaribe.
~snip~
Concerns over weaknesses in Honduras' judiciary have been raised before. The Inter American Human Rights Commission has criticized the country for lack of an independent and efficient judiciary, notes another member of the delegation. Furthermore, a report from Freedom House states, "The judicial branch of government in Honduras is subject to intervention and influence by both the elected branches and wealthy private interests." <4> The US State Department profile of Honduras also mentions that "Although the constitution and law provide for an independent judiciary, the judicial system was poorly funded and staffed, inadequately equipped, often ineffective, and subject to patronage, corruption, and political influence." <5>
More:
http://upsidedownworld.org/main/content/view/2132/1~~~~~ Honduras' PR Coup
Submitted by Brendan Fischer on December 20, 2010 - 9:03pm
~snip~
Wikileaks recently published documents suggesting that PR spin helped determine the final outcome of the June 2009 Honduran coup. At the same time that a July 2009 diplomatic cable from the U.S. Ambassador in Honduras to top government officials confirmed that the Honduran president’s removal was illegal, professional lobbyists and political communicators were beginning a PR blitz, eventually managing to manipulate America into believing the coup was a constitutional act.
~snip~
Zelaya was no angel, and an earlier Ambassador described him as a “rebellious teen” in a different cable released by Wikileaks. Zelaya had pushed the limits of his power by requesting a non-binding referendum (essentially an opinion poll) about whether there should be a second, binding referendum to convoke a constituent assembly that would rewrite the Constitution (many believed Zelaya’s goal was to revise the Constitution’s one-term requirement so he could make a second presidential run). The Honduran Constitution can only be amended through a two-thirds vote of Congress in two consecutive sessions, so had the assembly actually been invoked, its proposed constitutional changes would have been invalid. Zelaya pushed forward with the referendum after the opposition-controlled Congress passed a law prohibiting it and two lower courts had ordered him to suspend his efforts. When the head of the military refused to carry out the poll, the president dismissed him, and refused a subsequent Supreme Court order to reinstate the General. That refusal led the Court to order his arrest; in carrying out the arrest, the military pulled him from bed at gunpoint and sent him out of the country.
Whether this conduct and arrest order justified forcible removal by the military was another matter. Both the Supreme Court and Congress were dominated by Zelaya opponents who were disturbed about the president's leftward shift, and with Zelaya opponent Roberto Micheletti in line to succeed the president, the judicial and legislative branches had clear incentives to favor Zelaya's removal. Congress’ after-the-fact resolution supporting the coup had the effect of ascending Micheletti to the presidency, clearly benefiting party interests.
The Embassy Deemed the Coup Illegal, but the Obama Administration Hesitated
With the methods and motives of Honduran political actors in question, the U.S. was correct to tread cautiously. By July 24, though, the U.S. government was informed by the American embassy in Honduras that “there is no doubt” that the events of June 28 “constituted an illegal and unconstitutional coup.” The Ambassador sent top U.S. officials a cable titled “Open and Shut: The Case of the Honduran Coup” on July 24 that analyzed and dismissed each of the constitutional and legal arguments made by coup supporters. The cable notes that Zelaya never actually modified the Constitution to allow presidential reelection, and many other Honduran officials, including presidents, had proposed presidential reelection without being deemed illegitimate and removed from office. The Embassy's legal analysis states that the Constitution does not clearly delineate impeachment procedures, but "confirms that the removal of the president is a judicial matter" where the Attorney General files charges with the Supreme Court, the Court indicts the accused president, and a full, transparent trial takes place. Congress' after-the-fact resolution "disapproving" of Zelaya also did not make the removal Constitutional. While acknowledging that there may be a prima facie case against Zelaya, the cable notes “there was never any formal, public weighing of the evidence nor any semblance of due process” as required by the Honduran Constitution. Because an alleged Constitutional violation was the purported basis for Zelaya’s removal, it is necessary that opponents follow the Constitution’s removal procedures and due process requirements—a Constitutional wrong is not made right by committing another Constitutional wrong. “No matter what the merits of the case against Zelaya,” the cable says, “his forced removal by the military was clearly illegal, and Micheletti's ascendance as ‘interim president’ was totally illegitimate.”
More:
http://www.prwatch.org/node/9806 ~~~~~ Rerun in Honduras
Coup pretext recycled from Brazil ’64
By Mark Cook
The pretext for the Honduran coup d’état is nothing new. In a remarkable replay, bogus charges that the corporate media in the U.S. and Europe have repeated endlessly without attempting to substantiate—that Honduran president Manuel Zelaya sought to amend the country’s constitution to run for another term—are virtually identical to the sham justification for the 1964 coup against Brazilian president João Goulart.
The Brazilian coup, depicted at the time as a victory for constitutional democracy, kicked off a series of extreme right-wing military coups against democratically elected governments throughout the Southern Cone of Latin America and beyond. Brazil was turned into a base for subversion of neighboring democratic governments (National Security Archive, 6/20/02); Goulart and a previous Brazilian president, Juscelino Kubitschek, both died in 1976 in incidents that have since been attributed to the multinational assassination program Operation Condor (Folha, 1/27/08; Carta Maior, 7/17/08). Given that history, the strength and unanimity of Latin American and international condemnation of the Honduran coup—despite a worldwide media disinformation campaign against Zelaya—is hardly surprising.
On March 31, 1964, the democratic government of Brazil’s Goulart, a wealthy rancher hated by big business for having dramatically raised the minimum wage, was overthrown in a coup d’état organized by ultra-rightist elements in Brazil’s military and strongly backed by the U.S. government. For decades, U.S. officials denied involvement in the coup, but in 2004 the nongovernmental National Security Archive (3/31/04) published newly declassified documents revealing President Lyndon Johnson’s personal involvement and a massive U.S. military and CIA commitment.
~snip~
The U.S. corporate media have carefully averted their eyes from such history as that of General Alvarez—as from the role of School of the Americas graduates in the current coup. It was thanks to the School of the Americas Watch and the National Catholic Reporter (6/29/09), not the corporate media, that the public learned of ongoing U.S. training of the Honduran military, despite the Obama administration’s claim to have cut military ties. When history repeats itself, don’t look for accurate coverage from those who got it wrong the first time around.
More:
http://www.fair.org/index.php?page=3893 ~~~~~ January 14, 2011
The Known Unknowns in Honduras
Leaked cables reveal U.S. government knowledge of disastrous military coup.
By Jeremy Kryt
When is a coup not a coup? Taken altogether, the secret diplomatic cables released by WikiLeaks have exposed multiple instances of deception by the U.S. State Department, in relation to foreign dignitaries, friendly nations and even U.N. Representatives. But recently leaked cables sent from the U.S. Embassy in Tegucigalpa, the Honduran capital, offer evidence that the State Department was, in at least one instance, also misleading the American people.
In June 2009, Manuel Zelaya, the democratically-elected president of Honduras, was ousted from power by a coalition of military leaders and far-right political elites, plunging the country into an economic and human rights nightmare from which it has yet to emerge. A month after the putsch, after weeks of rigorous investigation, U.S. Ambassador to Honduras Hugo Llorens cabled the State Department to say that, based on his research, the coup had been “illegal” and “unconstitutional.” The cable concluded by calling the putsch a throwback to “the way Honduran presidents were removed in the past: a bogus resignation letter and a one-way ticket to a neighboring country.” Honduran soldiers had kidnapped Zelaya in his pajamas and a “totally illegitimate” puppet government was installed.
This in turn led to mass protests across the country, followed by harsh crackdowns under martial law. According to human rights groups, scores of peaceful demonstrators, union leaders, journalists and teachers have been slain by government forces since the coup, and hundreds of others have been beaten and detained when police and soldiers attacked peaceful marches and demonstrations. (Ten journalists were murdered in 2010, making it the most dangerous country in the world for members of the press on a per capita basis.)
But the State Department chose not to tell the American people about atrocities. Instead the coup was portrayed as a murky legal situation and the Obama administration made little mention of the civil rights violations. Most important of all, say critics, the State Department never designated the takeover a “military coup,” which under U.S. law would have necessitated the cessation of all aid programs.
More:
http://www.inthesetimes.com/article/6842/the_known_unknowns_in_honduras