Honduras – Coup or Not? And What’s in a Word?

Honduras – Coup or Not? And What’s in a Word?

Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion.  However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what constitutes a “coup d’etat” and what constitutes a military coup.  I have simply not delved sufficiently into the facts to offer an opinion, but I thought it would be, umm, unseemly for us here at OJ not to make note of these events.

As to the debate, Robert Lovato at HuffPo calls it a military coup and for the US to use its considerable powers of pressure to reverse it.  Lovato compares the Honduran situation to Iran (I’ve delinked some of Lovato’s links as they can cause problems with the OJ site; see the original for his links):

Viewed from a distance, the streets of Honduras look, smell and sound like those of Iran: expressions of popular anger – burning vehicles, large marches and calls for justice in a non-English language – aimed at a constitutional violation of the people’s will (the coup took place on the eve of a poll of voters asking if the President’s term should be extended); protests repressed by a small, but powerful elite backed by military force; those holding power trying to cut off communications in and out of the country.

These and other similarities between the political situation in Iran and the situation in Honduras, where military and economic and political elites ousted democratically-elected President Manuel Zelaya in a military coup condemned around the world, are obvious.

But when viewed from the closer physical (Miami is just 800 miles from Honduras) and historical proximity of the United States, the differences between Iran and Honduras are marked and clear in important ways: the M-16’s pointing at this very moment at the thousands of peaceful protesters are paid for with U.S. tax dollars and still carry a “Made in America” label; the military airplane in which they kidnapped and exiled President Zelaya was purchased with the hundreds of millions of dollars in U.S. military aid the Honduran government has been the benefactor of since the Cold War military build-up that began in 1980’s; the leader of the coup, General Romeo Vasquez, and many other military leaders repressing the populace received “counterinsurgency” training at the Western Hemisphere Institute for Security Cooperation (WHINSEC), formerly known as the infamous “School of the Americas,” responsible for training those who perpetrated the greatest atrocities in the Americas.

The big difference between Iran and Honduras? President Obama and the U.S. can actually do something about a military crackdown that our tax dollars are helping pay for. That Vasquez and other coup leaders were trained at the WHINSEC, which also trained Agusto Pinochet and other military dictators responsible for the deaths, disappearances, tortures of hundreds of thousands in Latin America, sends profound chills throughout a region still trying to overcome decades U.S.-backed militarism.

Hemispheric concerns about the coup were expressed in the rapid, historic and almost universal condemnation of the plot by almost all Latin American governments. Such concerns in the region represent an opportunity for the United States. But, while the Honduran coup represents a major opportunity for Obama to make real his recent and repeated calls for a “new” relationship to the Americas, failure to take actions that send a rapid and unequivocal denunciation of the coup will be devastating to the Honduran people — and to the still-fragile U.S. image in the region.

The WSJ’s Mary Anastasia O’Grady says, on the contrary, that the military action was under the orders of the Honduras Supreme Court and therefore not a military coup, but instead the military carrying out lawful civilian orders of the court.  She says, moreover, that although Honduras’s constitution can be amended to permit an extension of the presidential term, it cannot be accomplished by referendum, as the vote was intended to do, but instead requires a different constitutional mechanism.

That Mr. Zelaya acted as if he were above the law, there is no doubt. While Honduran law allows for a constitutional rewrite, the power to open that door does not lie with the president. A constituent assembly can only be called through a national referendum approved by its Congress.

But Mr. Zelaya declared the vote on his own and had Mr. Chávez ship him the necessary ballots from Venezuela. The Supreme Court ruled his referendum unconstitutional, and it instructed the military not to carry out the logistics of the vote as it normally would do.

The top military commander, Gen. Romeo Vásquez Velásquez, told the president that he would have to comply. Mr. Zelaya promptly fired him. The Supreme Court ordered him reinstated. Mr. Zelaya refused.

Calculating that some critical mass of Hondurans would take his side, the president decided he would run the referendum himself. So on Thursday he led a mob that broke into the military installation where the ballots from Venezuela were being stored and then had his supporters distribute them in defiance of the Supreme Court’s order.

The attorney general had already made clear that the referendum was illegal, and he further announced that he would prosecute anyone involved in carrying it out. Yesterday, Mr. Zelaya was arrested by the military and is now in exile in Costa Rica.

It remains to be seen what Mr. Zelaya’s next move will be. It’s not surprising that chavistas throughout the region are claiming that he was victim of a military coup. They want to hide the fact that the military was acting on a court order to defend the rule of law and the constitution, and that the Congress asserted itself for that purpose, too.

I express no view at this stage; to start with, I have not looked at the Honduran constitution (I will do so however, and report back).  However, it is striking just how much the two accounts above are ships passing in the night.

For Lovato, core is the identity of the Honduran general and the claim that it is a military coup.  For O’Grady, core is that the military is not acting on its own, but merely exercising police powers under instruction by the supreme court, the congress, and the attorney general, pursuant to a constitutional procedure; it was the referendum, not the arrest of the president by the military under civilian orders, that was extra-constitutional, according to O’Grady.  The underlying political issue for each, of course, is Hugo Chavez, Chavist populism, and the Chavist path to holding power; Stratfor’s analysis is here.

The US position, meanwhile, is not very clear to me and seems to be shifting; perhaps ‘deliberately ambiguous’ is the best description.  According to this WP news story, posted 5:15 Monday, Secretary Clinton is declining to characterize the action as a “coup” – the article notes, however, that coup is a term of US domestic law, the finding of which triggers a cutoff of (parts of) US aid:

Secretary of State Hillary Rodham Clinton said today the U.S. government is refraining from formally declaring the ouster of Honduras’s president a “coup,” which would trigger a cutoff of millions of dollars in aid to the Central American country.

Her statement appeared to reflect the U.S. government’s caution amid fast-moving events in Honduras, where President Manuel “Mel” Zelaya was detained and expelled by the military yesterday. But the move could put Washington at odds with the rest of the hemisphere, which has roundly condemned the Honduran military’s actions.

“We are withholding any formal legal determination,” Clinton told reporters at a State Department briefing. She acknowledged, however, that it certainly looked like a coup when soldiers snatched a pajama-clad Zelaya and whisked him off to Costa Rica.

President Obama, meanwhile, has called the Honduran action “not legal”, according to the same article:

Later in the day, President Obama said the U.S. government believed the takeover was “not legal” and that Zelaya remained the country’s leader.

White House officials made it clear they would like to see Zelaya restored as president of the country, but left vague any specific efforts the country’s diplomats are making toward that goal.

Again, I am not yet conversant enough with things to make an evaluation of all this.  I did find interesting this piece by Jason Steck, a PhD grad student writing at RCP blog, on the meaning of coup – I stress, I’m not necessarily convinced, but I found it an interesting read.  A bit (again, I’ve stripped out the links):

The expulsion of former Honduran President Manuel Zelaya by the Honduras military has sparked a lively debate over whether or not the takeover should be called a “coup”. The reason for the debate is simple enough — “coup” conjures images of a military junta seizing power by extralegal force and repressing all opposition akin to Argentina in the early 1980s. Defenders of the Honduran military action point out that this action was not extralegal and was, in fact, authorized by the legislature and the courts in response to Zelaya’s own illegal attempt to extend his power in an imitation of his international mentor, Venezuelan dictator Hugo Chavez. Critics, however, believe that this is just a rhetorical shill to cover up some kind of bias against Zelaya’s leftist politics.

What both sides miss is that a “coup” isn’t always extralegal. In short, what is happening in Honduras may be an example of a coup that is not only legal, but mandatory. The oddness of this concept to American minds requires an explanation.

Civil-military relations in the United States are founded on assumptions both inside and outside the military that derive from the work of the late Samuel Huntington in The Soldier and the State. Under Huntington’s ideal of “objective civilian control,” the military is granted substantial autonomy over a professional sphere of managing the application of violence, but is given no political role. Various forms of “subjective civilian control” where the military becomes embroiled in civilian political struggles are argued by Huntington to be militarily deficient and presumed by most westerners to be morally deficient as well. Americans frequently assume that this ideal is universally shared as an intrinsic component of a democracy ….

As more news continues to filter out of Honduras, it appears as if the Honduran military was specifically authorized by a court order to arrest a President that was judged to be out of control. The fact that the American military would never be so authorized should not distract us from the possibility that legal authorizations for military interventions into politics might exist in other countries’ constitutional arrangements. The takeover in Honduras might be, in fact, a legal coup.

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International Human Rights Law, Latin & South America, National Security Law, North America
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AGD
AGD

I can’t say whether it was a coup or not under Honduran Law, but I do think the issue goes farther than the legal question. In the short run, a very important question for Latin American politics is whether Honduras will remain sided with Chavez or if he will (for the first time) lose an ally; and -if he ends up losing Honduras- whether the manner in which Zelaya was ousted strenghten or weaken his bloc.

Matthias
Matthias

I am no expert in Honduran constitutional law, but I am pretty sure that the destitution of a President cannot be made by a single order of the Supreme Court. If an impeachment procedure does exist, it should be followed strictly, as it was when Fernando Collor de Mello was removed from presidency in Brazil in 1992. If such a procedure doesn’t exist, then it means that it was the intent of the Constitution that Presidents be above removal during their term. So I find the argument that the military were ‘simply executing a Supreme Court order’ unconvincing. I don’t see how the Supreme court could be allowed to remove a president at will. Even less expel him from the country. As to the illegality of the referendum, I have two points to make. The first is that, unlike in other countries, it seems the Honduran Constitution cannot be amended by referendum. This would make the exercise of the referendum not illegal (as in contrary to the law or constitution), but legally ineffective (as in not binding on any of the other powers). It is somewhat like a survey of opinion, politically used to put pressure on the law-makers to… Read more »

NatSecLawGuy
NatSecLawGuy

I haven’t reviewed the Honduran Constitution either, but I would note the odd relationship the Honduran Constitution places between the legislature and supreme court.  According to CIA World Factbook, it appears the supreme court is appointed by the legislature for a term of 7 years.  This undoubtedly creates a dependancy between the courts and legislature, probably to the detriment of the executive.  Making a fight between the legislature and executive a biased fight when taken to the courts.  I found it an interesting footnote to the events occurring there.

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M. Gross
M. Gross

It should be mentioned the “coup” was, while based on the events of the referendum, pretty much put into motion when Zelaya sacked the heads of the military, after they refused to get involved in his illegal referendum.

Once it was clear Zelaya planned to basically replace military leadership with his own cronies, I’d argue the military was morally obligated to remove him.  There was already a coup in progress there, just, not by the military.

Matthias
Matthias

M. Gross suggests that sacking the head of the military was something that could justify a coup.

Assuming the sacking of military leadership was illegal — not so obvious, given that after all he is the President and usually that position carries with it supreme command over the military — it is still to be proven that this illegal administrative act carries with it the legal consequence of removal from office, and expulsion.

It doesn’t. It’s just nonsense to claim that Zelaya’s mismanagement of the Honduran Republic somehow gives carte blanche to the military, or somehow allows the Supreme Court or the Legislative Branch to ignore legal procedure and just kick the president out of office.

Every single military government in Latin-America was established by military claiming to be upholding the Constitution. Then, as now, their case was threadbare at best.

davod
davod

“It doesn’t. It’s just nonsense to claim that Zelaya’s mismanagement of the Honduran Republic somehow gives carte blanche to the military, or somehow allows the Supreme Court or the Legislative Branch to ignore legal procedure and just kick the president out of office.”

If the legal procedure is exactly what you state then they have every right.

Heavens – The guy was thumbing his nose at the laws of Honduras.  Laws which were put in place to stop a president from being able to become president for life.

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Matthias
Matthias

“Heavens – The guy was thumbing his nose at the laws of Honduras.” Then prosecute him. And impeach him first, if you must do that to remove his immunity. It was done in other countries, and could be done in Honduras. When someone is suspected of a crime, we don’t authorize the police to break into his house, drag him out in his pajamas, and ship him abroad. Why should this be different? “Laws which were put in place to stop a president from being able to become president for life.” I’m not sure what you’re referring to, but this is not a case of someone seeking to become president for life. I might not be well-informed, but as far as I know, this was the pursuit of a second (four-year) mandate. And as far as I know, constitutional checks and balances (opposition from the judiciary and the legislative branch) had stopped him from getting what he wanted. His ‘referendum’ — a procedure of no legal consequence under Honduran law — can be at best described as a gamble to show his proposal of a second mandate had popular support. He could have succeeded in his gamble, or failed. It was however… Read more »

humblelawstudent
humblelawstudent

Matthias, Here is what I’ve learned about the Honduran Constitution.  First, their Constitution specifically states that a President can never seek another term.  Two, their Constitution states that the above Constitutional prohibition can only be changed by a referendum that is approved by their Congress (other parts can be changed through popular referendum but not the second term provision).  Three, their Constitution has a specific provision that states that any elected official that advocates for or tries to circumvent the Constitutionally mandated process for such a referendum ceases to retain their elected position.  The Honduran Constitution both permits impeachment in general and states that an elected official ceases to retain their office in the above situation.  Their Constitution does not, however, spell out the exact process for removal in either instance.  So, in this situation, you have every major institution (their Supreme Court, their Congress, his own Attorney General, and an independent election commission) declaring that the Honduran President violated that specific popular referendum prohibition in their Constitution.  Unless you are proposing that the President is the sole arbiter of the Constitutionality of his own actions, then you have to conclude that he acted in violation of that Constitutional provision.  In this situation,… Read more »

Matthias
Matthias

I beg to differ, HumbleLawStudent. “First, their Constitution specifically states that a President can never seek another term” I agree with this. Article 4(2) of the Constitution of 1982, read together with Article 374, suggests that there can be no reelection, and that this provision cannot be ammended. It can neither be reformed by referendum, nor by normal constitutional reform procedure. That covers your second point too. Your third point, about automatic loss of mandate, seems to stem from article 239 of the Constitution: it states that anyone who exercised the chief position of the Executive can no longer be President, or be designated to exercise the presidency. Paragraph 2 says that whomever violates this rule, or proposes it’s modification, will cease the exercise of their functions immediately and will lose political rights for ten years. Now, again, not being a specialist in Honduran constitutional law, I can’t say for sure how this provision is interpreted in practice. It strikes me, however, that such a decision could be left to the judiciary, with no due process guarantees for the defendant. It also strikes me that nowhere in the Constitution do I see any authorization to exile former heads-of-state. I checked… Read more »

Adam
Adam

Given what appears to be limited familiarity with both the Honduran Constitution, the full extent of the Honduran Supreme Court’s authority as well as any particular laws or judicial interpretation regarding the extent of the Supreme Court’s authority, let us posit — for just a moment — that the statements by the Honduran Supreme Court, military authorities, and Congress are correct; i.e., that the President’s attempt to effectuate a referendum illegally in an attempt to unlawfully change the Honduran Constitution is of such a nature that the Honduran Supreme Court can issue an order to the military to arrest the president. The issue above all else is whether Honduras is a system of laws or not. The President has allegedly broken those laws. The system of laws and constitutional procedures in Honduras are not those we have in the United States and may not have a twin in any other country. That certainly does not in any way diminish their value. That undoubtedly does require, at least, a more tempered response from the President of the United States, the UN Secretary General, and others especially when one finds oneself in the company of leaders who have clawed away at the… Read more »

Matthias
Matthias

“The issue above all else is whether Honduras is a system of laws or not. ” I whole-heartedly agree. Now, intuitively, I find it hard to believe that the rule of law in Honduras is best served by storming the presidential palace at dawn, with soldiers wearing masks, hurrying the president in his pajamas to a military airport, and then exiling him to a neighboring country. I would find it very surprising to see that as a routine procedure in cases of a President challenging the constitution. It has all the appearance of an arbitrary, ad hoc and hurried decision. Whatever happened with the old days when ‘rule of law’ meant that the accused had their day in court, that punishment was previously established by law and not by some military commander, and that pending trial, one was treated with the respect and dignity that are called for by the presumption of innocence? You know, the whole ‘taking your own procedural and substantive rules seriously’ bit of the rule of law… I am more than willing to assume that the Supreme Court acted lawfully when it prohibited the referendum. I’m also willing to believe a court order saying that the… Read more »

Jose Avila
Jose Avila

Let’s set the facts straight: Dictator Micheletti, is just that, a dictator! Presidents are elected, this guy came to power by militarily kidnapping president Zelaya who was elected by the people. Second, if the people really didn’t want him, there was an election coming up. Why couldn’t they wait just a little bit longer till the election. Third, why is this dictator so afraid of a free press and is jamming TV, radio and internet signals of those who oppose him? Fourth, why is that his supporters are allowed to demonstrate and rally, but his opposition is beaten, tear-gased and shot at with rubber bullets?

The truth is that the the super rich of this Honduras don’t want the poor to have any rights, they are afraid of change. And yes, there are foreign powers at play, it is Venezuela fighting for the rights of the poor and marginalized and Israel and Hong Kong fighting for the rich and powerful so that they can keep with the tradition of oppressing their own people.

Those are all the facts. Now you decide for yourself and if you don’t believe me, just Google those things and you will see for yourself.

JorgeFromHonduras
JorgeFromHonduras

Lets not also forget that Zelaya HAD due process.  As a matter of fact, he had over 40 of his attorneys fight the supreme court ruling deeming his actions uncostitutional.  His attorneys even fought for appeals in higher courts who again ruled in favor of the Honduras Constitution.
People who are not well informed, also do not know that during his last days in office, Zelaya had blatantly become an outlaw, PERSONALLY leading an  asault with deadly wheapons and theft of material confiscated by Honduras courts.
Is this the kind of President the OAS wants unconditionally in office ?
Also, Honduras constitution makes a provision of removal of ANY PUBLIC OFFICIAL (does not exclude the president) that is proven to have broken Petrean Articles in the constitution (these are articles that prevent Chavez-Like Regimes).  Remember, Zelaya had 40 lawyers trying to disprove this in court but failed to do so.
So Zelaya DID have his day in court.  It may NOT look like a US impeachment, but it IS proper Rule of Law for Honduras constitution. 

Matthias
Matthias

JorgefromHonduras, could you please point to links regarding the judicial procedure against Zelaya?

I have been trying to find a judicial decision that would suggest that he was ousted on the grounds that he attempted to modify the core, unchangeable provisions on reelection. So far I haven’t been able to.

If he had due process, that would be new to me. Also, let us distinguish a case against the administration (striking down of the referendum, for instance) and a case against the president (removing him from office). There should have been due process for both.