Friday, July 3, 2009

does article 239 slam the door in Zelaya's face?

The citizen who has held the title of the executive branch may not be President or President Designee. Anyone who violates this provision or proposes its reform, as well as those who support doing so whether directly or indirectly, will immediately cease the discharge of their respective duties, and are disqualified for (10) years to exercise any public role.

- Article 239, Honduran Constitution

Zelaya was head of the executive branch. He was arrested by the military executing an arrest warrant issued by the Supreme Court and removed from the country "for his own safety." The Honduran Congress then proceeded to "disapprove" of his illegal conduct, dismiss him as President of the Republic, and name Roberto Micheletti to replace him. In other words, since Manuel Zelaya has already been President and lost the title (after he was fired and replaced by Congress) according to article 239 he cannot again hold the title of President. Returning him to the Presidency would be unconstitutional. Looks like any way you cut it "Mel" is S.O.L. The majority of Hondurans don't want him back and it would be unconstitutional to reinstate him. And let's not forget that little arrest warrant detail. Brilliant!

1 comment:

Jeff M. said...

Thanks for keeping us informed of the "people's perspective" in Honduras. Here in the U.S., the media doesn't even tell us what is going on in our own country, much less anywhere else.

At first glance, it looked like a simple military coup, but the truth is a bit deeper. We're so used to our President getting away with EVERYTHING, including toture and murder, that it's refreshing to see a country actually hold their highest office to constitutional principles.