POLICY | Dispute power
Micheletti seeks to lead the National Unity Government
- Insulza, to said that they must restore Zelaya
- The Agreement of Tegucigalpa-San Jose has different interpretations
De facto President of Honduras, Roberto Micheletti, aims to lead the Government of National Unity, which according to the Tegucigalpa-San Jose Agreement, must be installed on Thursday.
Until Congress decides on the reinstatement of deposed president, Manuel Zelaya, holding the executive would "continue as it is,Michelett would remain in power,"his spokesman Vilma Morales told Efe , who represented him in negotiations that led to the pact, .
OAS Secretary General Jose Miguel Insulza said that "the only way to peace" is to restore the deposed President Manuel Zelaya to power , "the little time left in office. "
"We are concerned that these statements could be considered an interference in a still fragile process of resolving the crisis unfolding in our country," says a letter to Insulza by Vilma Morales, member of the commission of dialogue in negotiating Micheletti Honduran overcome the crisis.
The letter was circulated Wednesday by the Foreign Ministry and includes the Honduras facto government claiming Insulza for his statements to a radio station in Chile, which addressed the issue of restitution of Zelaya, who was ousted on June 28 past.
Charter
The letter adds that the "comments" stated by Insulza "are contrary to the letter and spirit of the Tegucigalpa-San Jose Agreement (signed on Friday), which literally states that the Congress will have the last word in deciding on the possible Mr Zelaya restitution to the presidency. "
"We write to express our deep concern over his repeated public statements concerning the Agreement Tegucigalpa-San Jose, whichnegatively impact the renewed spirit of cooperation and trust created in our country," the text of the letter to Insulza.
Morales said Insulza also expresses that "his statements could be used to sow doubt among our people about the agreement and the ability of the Organization of American States (OAS) to be an impartial third party in this process, as required by the agreement" signed Friday.
"Our committee has acted with prudence and caution since the signing of the agreement, actually to not hamper the process and confidence created from the date of signature. We ask you and your organization's staff do the same," concludes the letter.
Covenant
The Tegucigalpa-San Jose Agreement provides that Congress must decide on restitution in consultation with other state institutions as the Supreme Court.
But Zelaya and Micheletti disagree on the interpretation of this covenant.
While for the former means that Congress must approve his return to power and do it before Thursday, the day must come into office for a Unity Government, for the second Congress could vote against itand also has no deadline limit for its decision.
- Insulza, to said that they must restore Zelaya
- The Agreement of Tegucigalpa-San Jose has different interpretations
De facto President of Honduras, Roberto Micheletti, aims to lead the Government of National Unity, which according to the Tegucigalpa-San Jose Agreement, must be installed on Thursday.
Until Congress decides on the reinstatement of deposed president, Manuel Zelaya, holding the executive would "continue as it is,Michelett would remain in power,"his spokesman Vilma Morales told Efe , who represented him in negotiations that led to the pact, .
OAS Secretary General Jose Miguel Insulza said that "the only way to peace" is to restore the deposed President Manuel Zelaya to power , "the little time left in office. "
"We are concerned that these statements could be considered an interference in a still fragile process of resolving the crisis unfolding in our country," says a letter to Insulza by Vilma Morales, member of the commission of dialogue in negotiating Micheletti Honduran overcome the crisis.
The letter was circulated Wednesday by the Foreign Ministry and includes the Honduras facto government claiming Insulza for his statements to a radio station in Chile, which addressed the issue of restitution of Zelaya, who was ousted on June 28 past.
Charter
The letter adds that the "comments" stated by Insulza "are contrary to the letter and spirit of the Tegucigalpa-San Jose Agreement (signed on Friday), which literally states that the Congress will have the last word in deciding on the possible Mr Zelaya restitution to the presidency. "
"We write to express our deep concern over his repeated public statements concerning the Agreement Tegucigalpa-San Jose, whichnegatively impact the renewed spirit of cooperation and trust created in our country," the text of the letter to Insulza.
Morales said Insulza also expresses that "his statements could be used to sow doubt among our people about the agreement and the ability of the Organization of American States (OAS) to be an impartial third party in this process, as required by the agreement" signed Friday.
"Our committee has acted with prudence and caution since the signing of the agreement, actually to not hamper the process and confidence created from the date of signature. We ask you and your organization's staff do the same," concludes the letter.
Covenant
The Tegucigalpa-San Jose Agreement provides that Congress must decide on restitution in consultation with other state institutions as the Supreme Court.
But Zelaya and Micheletti disagree on the interpretation of this covenant.
While for the former means that Congress must approve his return to power and do it before Thursday, the day must come into office for a Unity Government, for the second Congress could vote against itand also has no deadline limit for its decision.
How to create unity and reconciliation (not)
The apparent unilateral intention of Roberto Micheletti to single-handedly decide who will form the government of "unity and reconciliation" exposes yet again the weakness of the Tegucigalpa Accord, including the lack of clear causal links between points and the absence of a separately enumerated deadline for action on "point #5" (the only way Micheletti's representatives can bring themselves to refer to restoration of President Zelaya) in the timetable.
Micheletti's adherents are claiming that point 1 (forming the interim government) and point 5 (returning the executive power to its situation prior to June 28) are somehow unrelated. So Micheletti is taking steps to form the "Government of Unity and National Reconciliation" all by himself, generously extending what his representatives say is the unrequired courtesy of consultation to Zelaya.
Let's review what Point 1 of the Accord says:
Let us start with the timetable, and remind ourselves of what was supposed to happen so far:
*30 of October of 2009
1. Signing and entry into effect of the accord.
2. Formal delivery of the accords to Congress for the effects of point 5, of "Executive Power".These steps were done. But notice that, although the Accord was delivered to Congress on October 30 specifically to set in motionthe consideration of restoral of President Zelaya, the Congress has stonewalled and delayed, seeking more reports than are called for in Point 5 of the Accord (which stated they should previously have a report from the Supreme Court).
*2 of November of 2009
1. Appointment of the Verification Commission
Appointments have indeed been made. But what is their role? As defined in Point 6 of the Accord
While Congressional leadership defers considering restoral of the Executive Power, the de facto regime is blithely at work meeting the next deadline in the Accord, under the theory that Point 1 is unrelated to Point 5, that there can be a partial implementation of the framework while what has always been the principal issue remains unresolved:
*Beginning with the signing of the present Accord and no later than the 5 of November
1. Appointment and installation of the Government of Unity and National Reconciliation
So, in theory, by tomorrow there needs to be the final definition of the government; and since Congress feels no obligation to conclude its deliberation over restoring Zelaya any time soon, Micheletti has decided in the meantime, he is the president and it is his reconciliation and unity government. Which leaves him deciding who to consult.
It seems self-evident that the intention was to have Congress consider restoration of President Zelaya starting on October 30, so that a week later, there would already have been resolution of this point and he would either have been the person overseeing the constitution of the interim government, or not.
Disputes in interpretation between the signatories in theory should be resolved by the Verification Commission, as called for in the first paragraph of point 8 of the Accord; but notice the clause in there that says this should be "in keeping with the Constitution and legislation" of Honduras:
In case the message wasn't clear, that what the Accord means will be subject entirely to interpretation within Honduras, in fact point 8 goes on to tell the international community to back off and stop interfering in "the internal affairs" of Honduras:
Every version of what started as the San Jose Accord has been full of proposals that favor the de facto regime, such as retaining the budget passed during the interim; propositions that presume Zelaya was guilty of what his opponents accused him of; and each has been missing any acknowledgment of the human rights violations that occurred and that surely must some day be accounted for. Even the "Truth Commission" is not intended to address violations of civil and human rights, but rather, is the response to the de facto regime's shrill insistence that "if only you let us explain what happened before the coup, you would see we had no choice".
So: the international community gets what it deserves. A sloppy and poorly constructed "agreement" that clearly one side has no intention of adhering to, that gives enough room for that side to claim its interpretation is the correct one.
Micheletti's adherents are claiming that point 1 (forming the interim government) and point 5 (returning the executive power to its situation prior to June 28) are somehow unrelated. So Micheletti is taking steps to form the "Government of Unity and National Reconciliation" all by himself, generously extending what his representatives say is the unrequired courtesy of consultation to Zelaya.
Let's review what Point 1 of the Accord says:
To achieve reconciliation and strengthen democracy, we will form a Government of Unity and National Reconciliation made up of representatives of the various political parties and social organizations, recognized for their capabilities, honesty, aptness, and willingness to dialogue, who will occupy the distinct secretariates and subsecretariates, as well as other dependencies of State, in conformity with article 246 and following of the constitution of the Republic of Honduras.What does this imply? how should it be interpreted? and who should interpret it? All are undefined. And that's where the trouble has started.
Let us start with the timetable, and remind ourselves of what was supposed to happen so far:
*30 of October of 2009
1. Signing and entry into effect of the accord.
2. Formal delivery of the accords to Congress for the effects of point 5, of "Executive Power".These steps were done. But notice that, although the Accord was delivered to Congress on October 30 specifically to set in motionthe consideration of restoral of President Zelaya, the Congress has stonewalled and delayed, seeking more reports than are called for in Point 5 of the Accord (which stated they should previously have a report from the Supreme Court).
*2 of November of 2009
1. Appointment of the Verification Commission
Appointments have indeed been made. But what is their role? As defined in Point 6 of the Accord
The Verification Commission will be charged with giving witness of the strict completion of all of the points of this Accord, and will receive for this the full cooperation of Honduran public institutions.They are to witness. And oh, what they are already witnessing.
While Congressional leadership defers considering restoral of the Executive Power, the de facto regime is blithely at work meeting the next deadline in the Accord, under the theory that Point 1 is unrelated to Point 5, that there can be a partial implementation of the framework while what has always been the principal issue remains unresolved:
*Beginning with the signing of the present Accord and no later than the 5 of November
1. Appointment and installation of the Government of Unity and National Reconciliation
So, in theory, by tomorrow there needs to be the final definition of the government; and since Congress feels no obligation to conclude its deliberation over restoring Zelaya any time soon, Micheletti has decided in the meantime, he is the president and it is his reconciliation and unity government. Which leaves him deciding who to consult.
It seems self-evident that the intention was to have Congress consider restoration of President Zelaya starting on October 30, so that a week later, there would already have been resolution of this point and he would either have been the person overseeing the constitution of the interim government, or not.
Disputes in interpretation between the signatories in theory should be resolved by the Verification Commission, as called for in the first paragraph of point 8 of the Accord; but notice the clause in there that says this should be "in keeping with the Constitution and legislation" of Honduras:
Any difference in interpretation or application of the present Accord will be submitted to the Verification Commission, which will determine, in keeping with that disposed in the Constitution of the Republic of Honduras and in the legislation in effect and through an authentic interpretation of the present Accord, the solution that corresponds.As if interpretation of the laws and constitution were not central to the disputes that led to the coup, and the continued crisis since then.
In case the message wasn't clear, that what the Accord means will be subject entirely to interpretation within Honduras, in fact point 8 goes on to tell the international community to back off and stop interfering in "the internal affairs" of Honduras:
Taking into account that the present Accord is a product of the understanding and fraternity among Honduran men and women, we ask vehemently that the international community respect the sovereignty of the Republic of Honduras, and fully observe the time-honored principle in the Charter of the United Nations of non-interference in the internal affairs of other States.
Every version of what started as the San Jose Accord has been full of proposals that favor the de facto regime, such as retaining the budget passed during the interim; propositions that presume Zelaya was guilty of what his opponents accused him of; and each has been missing any acknowledgment of the human rights violations that occurred and that surely must some day be accounted for. Even the "Truth Commission" is not intended to address violations of civil and human rights, but rather, is the response to the de facto regime's shrill insistence that "if only you let us explain what happened before the coup, you would see we had no choice".
So: the international community gets what it deserves. A sloppy and poorly constructed "agreement" that clearly one side has no intention of adhering to, that gives enough room for that side to claim its interpretation is the correct one.
The Verification Commission speaks
A press conference held by the members of the Verification Commission today, reported by the El Salvadoran website Telecinco, gives some insight into what we can expect of the next phase of the unfolding implementation of the Tegucigalpa Accord.
Headlined, "The differences in Honduras continue hours from the due date for the Government of Unity", the article starts "The differences and unknowns about the application of the Tegucigalpa-San Jose Accord in Honduras continue today a few hours before the due date established by the pact to comply with the installation of a Government of National Unity."
It then characterizes Hilda Solis, Ricardo Lagos, Jorge Reina and Arturo Corrales as "optimistic".
So what are they optimistic about?
Lagos is quoted as saying "I want to point out that the verification of the distinct stages of this accord is a complex and difficult theme."
According to the article, Lagos and Solis, the representatives of the international community, met with President Zelaya, and "other political actors of the country, among them five of the six presidential candidates... as well as representatives of the Supreme Electoral Tribunal" and unnamed members of Congress.
The report notes that after also meeting with Micheletti, Lagos "indicated that the de facto president was disposed to renounce presiding over the Government of National Unity."
He continued that Micheletti "understands that the constitution and installation of a Government of National Unity probably would be strengthened if he understands that he is in a position to resign the responsibilities that he holds."
The article rehearses the confusing statements made by many parties about whether the restoration of Zelaya is or is not required, is or is not supported. Jorge Reina, President Zelaya's representative on the commission, said that Zelaya does not have to follow through on a threat to withdraw his support from the Accord if not restored by tomorrow's deadline for the new unity government, "because we have perceived the will as well of the international community to support us".
Yet Micheletti is quoted as protesting José Miguel Insulza's statement that "the only exit to peace" is via restoral of President Zelaya.
"We are concerned that these declarations could be considered an interference in a still fragile process of resolution of the crisis that is unfolding in our country", Vilma Morales, the member of the commission representing Micheletti, wrote to Insulza.
Meanwhile, the Mexican Cronica de Hoy reported that the commissioners announced that the National Reconciliation Cabinet would be named tomorrow, "as the Tegucigalpa Accord established". This press report says that the cabinet "was designated both by the side of the overthrown president Manuel Zelaya as well as by the de facto government".
Reportedly, the Verification Commission also met with the general secretary of Congress, Ramón Velasquez, who was quoted as saying "They can not influence the determinations that the Hondurans are going to take, so that we have not spoken of the restitution or not of Zelaya".
A number of news media have interpreted statements by Lagos and Solis that the resolution of the conflict must take place "step by step" and that they are now working on the unity cabinet as a rejection of an interpretation that calls for Congress to reach a decision about the restoral of Zelaya, although when read in context, these statements do not actually respond to questions about that point.
Nonetheless, it is clear that what is occupying the commissioners at the moment is the Cabinet. Even here, though, they are taking a hands-off attitude that sees that decision as the business of the Honduran parties to the conflict. The Spanish El Economista quotesRicardo Lagos as saying
According to this report, after reiterating that there is no specific deadline, Solis acknowledged she was returning to the US and said that when she returned
Headlined, "The differences in Honduras continue hours from the due date for the Government of Unity", the article starts "The differences and unknowns about the application of the Tegucigalpa-San Jose Accord in Honduras continue today a few hours before the due date established by the pact to comply with the installation of a Government of National Unity."
It then characterizes Hilda Solis, Ricardo Lagos, Jorge Reina and Arturo Corrales as "optimistic".
So what are they optimistic about?
Lagos is quoted as saying "I want to point out that the verification of the distinct stages of this accord is a complex and difficult theme."
According to the article, Lagos and Solis, the representatives of the international community, met with President Zelaya, and "other political actors of the country, among them five of the six presidential candidates... as well as representatives of the Supreme Electoral Tribunal" and unnamed members of Congress.
The report notes that after also meeting with Micheletti, Lagos "indicated that the de facto president was disposed to renounce presiding over the Government of National Unity."
He continued that Micheletti "understands that the constitution and installation of a Government of National Unity probably would be strengthened if he understands that he is in a position to resign the responsibilities that he holds."
The article rehearses the confusing statements made by many parties about whether the restoration of Zelaya is or is not required, is or is not supported. Jorge Reina, President Zelaya's representative on the commission, said that Zelaya does not have to follow through on a threat to withdraw his support from the Accord if not restored by tomorrow's deadline for the new unity government, "because we have perceived the will as well of the international community to support us".
Yet Micheletti is quoted as protesting José Miguel Insulza's statement that "the only exit to peace" is via restoral of President Zelaya.
"We are concerned that these declarations could be considered an interference in a still fragile process of resolution of the crisis that is unfolding in our country", Vilma Morales, the member of the commission representing Micheletti, wrote to Insulza.
Meanwhile, the Mexican Cronica de Hoy reported that the commissioners announced that the National Reconciliation Cabinet would be named tomorrow, "as the Tegucigalpa Accord established". This press report says that the cabinet "was designated both by the side of the overthrown president Manuel Zelaya as well as by the de facto government".
Reportedly, the Verification Commission also met with the general secretary of Congress, Ramón Velasquez, who was quoted as saying "They can not influence the determinations that the Hondurans are going to take, so that we have not spoken of the restitution or not of Zelaya".
A number of news media have interpreted statements by Lagos and Solis that the resolution of the conflict must take place "step by step" and that they are now working on the unity cabinet as a rejection of an interpretation that calls for Congress to reach a decision about the restoral of Zelaya, although when read in context, these statements do not actually respond to questions about that point.
Nonetheless, it is clear that what is occupying the commissioners at the moment is the Cabinet. Even here, though, they are taking a hands-off attitude that sees that decision as the business of the Honduran parties to the conflict. The Spanish El Economista quotesRicardo Lagos as saying
We point out the need to constitute and install a government of unity and reconciliation, in accord with the terms of the commitment subscribed to the 30th of October...The way to advance in this government of national unity is incumbent on the parties that signed the accord...It is they that are going to workThe pro-coup La Tribuna of Honduras, predictably, departs from the consensus reporting, quoting Hilda Solis at more length in a passage that suggests the formation of the Cabinet might take more time:
everything will take its time, we do not have either the hour nor the date, but we are doing what is possible for those persons that are working on the plan to succeed in this plan, there are various persons that are talking, there are names, but we are still beginning.Solis is quoted as saying that Micheletti "made it clear that he would be disposed to step aside".
According to this report, after reiterating that there is no specific deadline, Solis acknowledged she was returning to the US and said that when she returned
I would like to find that the National Congress will comply with the accord.So would we. But we think it might need a bit more than the statements reported today.
Indigenous organization COPINH denounces Guaymuras Accords
Civil Council of Popular and Inidigenous 
Organizations of Honduras - COPINH.
THE TRAP OF THE ACCORDS OF THE GUAYMURAS-TEGUCIGALPA-SAN JOSÉ DIALOGUE"
PRESS RELEASE.
If the yankees had so much will to contribute to the resolution of this crisis, why so much tolerance, patience and complacency with the coup-makers in lending themselves to a dialogue where they present deceiving agreements as a solution?
Organizations of Honduras - COPINH.THE TRAP OF THE ACCORDS OF THE GUAYMURAS-TEGUCIGALPA-SAN JOSÉ DIALOGUE"
PRESS RELEASE.
The Civil Council of Popular and Indigenous Organizations of Honduras (COPINH), in the face of the signing of the accords to seek a solution to the crisis generatied by the military coup d'etat against the people of Honduras, emits the following communiqué:
1. We have no trust in the negotiating commission of the coup regime given that they have never demonstrated a willingness to reinstate the constitutional president of the republic and its only purpose is to buy time to consolidate the objectives of the coup d'etat in looting the national treasury and imposing neoliberal projects of privatization of natural resources and state institutions.
2. We denounce the malicious and intentional attitude of the government of the United States of America, who take on ambiguous positions but behind the scenes have supported the coup-makers and if not how can they explain that in the kidnapping of President Manuel Zelaya Rosales they used the Palmerola base?If the yankees had so much will to contribute to the resolution of this crisis, why so much tolerance, patience and complacency with the coup-makers in lending themselves to a dialogue where they present deceiving agreements as a solution?
3. We call out people not to rest until we achieve the convoking of a popular and democratic national constitutional assembly, which should be made up of the different social sectors of the country such as women, feminists, youth, indigenous and black peoples, workers, the LGTB community, community councils, representatives of marginalized neighborhoods, teachers, artists, peasants, honest business people, intellectuals, professionals, the informal economy sector, alternative media, among others.
4. We urge the National Front of Popular Resistance to raise an initiative of dialogue and negotiation towards more dignified agreements in which the mediation shouldn't be to the liking and oversight of the yankee government, which has helped drive the coup d'etat against our people, but instead by people like Rigoberta Menchu, Adolfo Pérez Esquivel, democratic countries that make up the Bolivarian Alternative of the Americas (ALBA) and UNASUR, foundations like the Carter Foundation, social movements of hte countries of Latin America and the world like the Landless Peoples Movement of Brazil, the Mothers of the Plaza de Mayo of Argentina, the Scream of the Excluded, Jubilee South, the Convergence of Popular Movements of the Americas, the School of the Americas Watch, the platforms of solidarity with the Honduran people and others. For this the front should name a negotiating commission that understands that the coup-makers are perverse and that the State Department, the Pentagon and the U.S. government in general are driving the coup d'etat and proposing as key points the restitution of the President of the Republic Manuel Zelaya Rosales to govern for the time that the coup-makers robbed of his governing period, the installation of a national constitutional assembly and the dissolution of the coup congress, of the coup supreme court, of the coup public ministry, the reduction and purging of the armed forves, the definitive purging of hte national police and the punishment of the people involved in the coup d'etat and the violation of human rights.
5. We urge once again to the candidates of the Democratic Unification Party, the Popular Independent Candidacy, the PINU party and the Liberals who are in resistance to be consistent and renounce once and for all the participation in the electoral farce set up by the coup-makers, to our people we urge you not to participate in the electoral circus and to boycott that act of the coup-makers.
6. To the international solidarity we invite you to strengthen the support to the Honduran people not just as a principle of solidarity but for reasons of self-defense since if the coup-makers consolidate in Honduras the democratic spring of the peoples of the world and particularly the peoples of our America will end.
With the ancestral force of Lempira, Iselaca, Mota and Etempica we raise our voices filled with life, justice, dignity, freedom and peace.
HERE NOBODY IS GIVING UP!
Given in Intibucá on the 4th of November, 2009
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