Tegucigalpa – San Jose Accord

We, Honduran citizens, men and women, convinced of the need to strengthen the rule of law, protect our Constitution and the laws of our Republic, deepen democracy and ensure a climate of peace and tranquility for our people, have carried out an intense and frank process of political dialogue to seek a peaceful and negotiated solution to the crisis in which our country has been submerged in recent months.

As the result of this dialogue, in which the common sense, tolerance and patriotic spirit of all participants have prevailed, we have drawn up a political Accord that will allow civic coexistence to be reestablished and ensure a suitable climate for democratic govern-ability in our country. This Accord, we are certain, will mark the road toward the peace, reconciliation and democracy Honduran society urgently requires.

The acceptance of this Accord demonstrates, yet again, that Hondurans are capable of successfully conducting a dialogue and, through it and by it, achieving the high goals set by our society and demanded by our country.

Pursuant to the preceding, we have agreed to the following accords.

1. Regarding the National Unity and Reconciliation Government

To achieve reconciliation and strengthen democracy, we will form a National Unity and Reconciliation Government composed of representatives from various political parties and social organizations, recognized for their capacity, integrity, competence and willingness to dialogue, who will fill the different Secretariats, Sub-secretariats and other agencies of the State, in conformance with Article 246 and succeeding articles of the Constitution of the Republic of Honduras.

In view of the fact that, prior to June 28, the Executive Branch had not sent the National Congress a draft of the General Budget for Revenue and Disbursement, as established in Article 205, Subsection 32 of the Constitution of the Republic of Honduras, this National Unity and Reconciliation Government will respect the General Budget recently approved by the National Congress for fiscal year 2009 and will operate on its basis.

2. Regarding Renunciation of a Call for a National Constituent Assembly and Amending the Unamendable Articles of the Constitution

To achieve reconciliation and strengthen democracy, we reiterate our respect for the Constitution and the laws of our country, abstaining from calls for a National Constituent Assembly, either directly or indirectly, and also renouncing the promotion or support of any public consultation for the purpose of reforming the Constitution to permit presidential reelection, modify the form of Government or contravene any of the unamendable articles in our Founding Charter [constitution].

In particular, we will not make public statements or exercise any sort of influence inconsistent with Articles 5, 239, 373 and 374 of the Constitution of the Republic of Honduras and we will energetically reject any expression contrary to the spirit of said articles and the Special Law to Regulate Referendums and Plebiscites.

3. Regarding General Elections and the Transfer of Government

To achieve reconciliation and strengthen democracy, we reiterate that in conformance with Articles 44 and 51 of the Constitution of the Republic of Honduras, suffrage is universal, obligatory, egalitarian, direct, free and secret, and it is the responsibility of the fully autonomous and independent Supreme Electoral Tribunal to supervise and administer every facet of electoral activities and processes.

Likewise, we call on the Honduran people to peacefully participate in the coming general election and to avoid any type of demonstrations that oppose the elections or their results, or promote insurrection, unlawful conduct, civil disobedience or other acts that could result in violent confrontations or transgressions of the law.

For the purpose of demonstrating the transparency and legitimacy of the electoral process, we urge the Supreme Electoral Tribunal to authorize and accredit the presence of international missions from now until the announcement of the general election results, as well as during the transfer of power that will occur, in accordance with Article 237 of the Constitution of the Republic, on January 27, 2010.

4. Regarding the Armed Forces and the National Police

To achieve reconciliation and strengthen democracy, we affirm our willingness to comply, in all its terms and conditions, with Article 272 of the Constitution of the Republic of Honduras, in accordance with which the Armed Forces are placed at the disposition of the Supreme Electoral Tribunal from one month before the general elections for the purpose of guaranteeing the free exercise of suffrage, the custody, transport and surveillance of electoral materials and other security aspects of the process. We reaffirm the professional, apolitical, obedient and non-deliberative character of the Honduran Armed Forces. Likewise, we agree that the National Police should strictly abide by the terms of its special legislation.

5. Regarding the Executive Power

To achieve reconciliation and strengthen democracy, in the spirit of the subjects of the proposal for the San Jose Accord, both negotiating commissions have respectfully decided that the National Congress, as an institutional expression of popular sovereignty, in use of its authority, in consultation with the entities it believes pertinent such as the Supreme Court of Justice and in accordance with the law, resolve the issue regarding “restoring possession of the Executive Power to its status prior to June 28 until conclusion the current governmental period on January 27, 2010.”

The decision the National Congress adopts should establish a basis for achieving the social peace, political tranquility and democratic govern-ability the society requires and the country needs.

6. Regarding the Verification Commission and the Truth Commission

To achieve reconciliation and strengthen democracy, we stipulate the creation of a Verification Commission to verify commitments made under this Accord and those deriving from it, coordinated by the Organization of American States (OAS). Said Commission will be composed of two members of the international community and two members of the national community, the last two to be chosen, one each, by the parties [i.e., one by Micheletti and one by Zelaya].

The Verification Commission will be responsible for attesting to the strict compliance with all of the points of this Accord and will receive the full cooperation of Honduran public institutions for that effect.

The failure to comply with any of the commitments contained in this Accord, as verified and declared by the Verification Commission, will result in the activation of measures the Commission will establish for the transgressor or transgressors.

For the purpose of clarifying the events occurring before and after June 28, 2009, a Truth Commission will also be created to identify acts that led to the current situation and provide the people of Honduras with elements to avoid repetition of these events in the future.

This Dialogue Commission recommends that the next government, in the framework of a national consensus, constitute said Truth Commission in the first half of 2010.

7. Regarding the Normalization of Relations between the Republic of Honduras and the International Community

On committing ourselves to faithfully comply with the commitments made in this Accord, we respectfully request the immediate revocation of those measures or sanctions adopted bilaterally or multilaterally that in any way affect the reinsertion and full participation of the Republic of Honduras in the international community, and its access to all forms of cooperation [aid].

We call on the international community to reactivate, as quickly as possible, the cooperation projects in effect with the Republic of Honduras and to continue the negotiation of future projects. We especially urge that, at the request of competent authorities, necessary and timely international cooperation be provided so that the Verification Commission and the future Truth Commission ensure faithful compliance and follow-through for the commitments made under this Accord.

8. Final Dispositions

Any differences regarding interpretation or application of this Accord will be submitted to the Verification Commission, which will determine, in adherence to the Constitution of the Republic of Honduras and legislation in force, and through an authentic interpretation of the present Accord, the corresponding solution.

Taking into account that this Accord is the product of the understanding and fraternity of Hondurans, we vehemently request that the international community respect the sovereignty of the Republic of Honduras and fully observe the established principle in the United Nations charter of non-interference in the internal affairs of other States.

9. Calendar for Compliance with the Accords

Given that this Accord takes immediate effect upon the date of its signing and for the purpose of clarifying the time for compliance and follow-through for the commitments made to achieve national reconciliation, we agree to the following calendar for compliance:

October 30, 2009

1. Signing and entrance of the Accord into effect.
2. Formal delivery of the Accord to Congress for the effects of Point 5, “Regarding the Executive Power.”

November 2, 2009

1. Formation of the Verification Commission.

After the signing of this Accord and no later than November 5

1. Formation and installation of the National Unity and Reconciliation Government

January 27, 2010

1. Celebration of the transfer of government.

First half of 2010

1. Formation of the Truth Commission.

10. Final Declaration

On behalf of reconciliation and the patriotic spirit that has brought us to the dialogue table, we commit ourselves to complying in good faith with this Accord and what derives from it.

The world is witness to this demonstration of unity and peace, in which we commit our civic conscience and patriotic devotion. Together, we will know how to demonstrate our courage and decision to strengthen the rule of saw and build a tolerant, pluralistic and democratic society.

We sign this accord in the city of Tegucigalpa, Honduras, on October 30, 2009.

11. Acknowledgments

We take this opportunity to thank the International Community for its accompaniment and good offices, especially the Organization of American States and its Secretary General, Jose Miguel Insulza; the [diplomatic] Missions of Foreign Ministers in the Hemisphere; the President of Costa Rica, Oscar Arias Sanchez; the Government of the United States, its President Barack Obama, and his Secretary of State, Hillary Clinton.

12. Regarding the Tegucigalpa/San José Accord’s Entrance in Effect

For internal purposes, the Accord takes full effect upon signing.

For ceremonial purposes, a public signing ceremony will be held on November 2nd.

Tegucigalpa, Municipio del Distrito Central, October 30, 2009

[Signed: Armando Aguilar Cruz, Vilma Cecilia Morales Montalván, Arturo Gerardo Corrales Alvarez, Victor Orlando Meza López, Mayra Janeth Mejía del Cid, Rodil Rivera Rodil]


25 Responses to "Tegucigalpa – San Jose Accord"

  1. Musu  November 1, 2009 at 4:23 pm

    Do you mean fowl language or foul language? 😛

    Let’s try the clean version..

  2. Administrator  November 1, 2009 at 2:55 pm

    Thanks for the note; his posting has been deleted.

  3. miraclemant  November 1, 2009 at 2:08 pm

    MUSU……please keep your fowl language out of your posting, or forgo posting if you can not keep it clean…….

  4. Musu  November 1, 2009 at 11:20 am

    ~ THE VOTE WOULD BE A REELECTION BECAUSE IT IS A VOTE.
    ~ THE REINSTATMENT WOULD BE ILLEGAL BECAUS IT IS A RE-INSTATEMENT.
    ~ THE PRO-REINSTATMENT VOTERS WOULD THUS VIOLATE THE AGREEMENT (EXPLICITLY RESPECTING ARTICLE 239) BY SUPPORTING RE-INSTATEMENT EXPLICITLY FORBIDDEN BY ARTICLE 239 (EXPLICITLY RESPECTED BY THE AGREEMENT)

    THE VOTE (ACCORDING TO THE AGREEMENT) CAN THUS NOT (AS ACCORDING TO THE AGREEMENT) RE-INSTATE ZELAYA.

    THE AGREEMENT TIED THE HANDS OF PRO-ZELAYAS. THEY LOST AND THEY AGREED: SEE AGREEMENT 😀

  5. Musu  November 1, 2009 at 11:11 am

    UNDER THIS CIRCUMSTANCES THE AGREEMENT IS NOT DISSMISSED BY ARTICLE 239.

    MICHELETTI AND CO. – IN CONTRAST TO ZELAYA AND CO – DID NOT DELEGALIZE THEMSELVES (by virtue of article 239) BY ACCEPTING THE ACCORD.

    SHOULD THE ACCORD, HOWEVER, BE INTERPRETED AS ALLOWING REINSTATEMENT OF ZELAYA; THEN THE ACCORD AND THEIR SUPPORTERS ARE DISMISSED BY ARTICLE 239.

    ZELAYA IS OUT.
    THE GAME IS OVER.

    HAVE FUN
    THUS

  6. Musu  November 1, 2009 at 11:03 am

    OH; SEE THE DETAILS:

    “2. Regarding Renunciation of a Call for a National Constituent Assembly and Amending the Unamendable Articles of the Constitution

    To achieve reconciliation and strengthen democracy, we reiterate our respect for the Constitution and the laws of our country, abstaining from calls for a National Constituent Assembly, either directly or indirectly, and also renouncing the promotion or support of any public consultation for the purpose of reforming the Constitution to permit presidential reelection, modify the form of Government or contravene any of the unamendable articles in our Founding Charter [constitution].

    SINCE THAT IS PART OF THE ACCORD, NO AGREEING PARTY WAS TRYING TO AMEND ARTICLE 239.

    THAT MEANS THAT NO AGREEING PARTY WANTS TO HAVE A REELECTION.
    THE VOTE CAN THEREFORE – EVEN ACCORDING TO THE AGREEMENT – NOT HAVE A PRO RE_INSTANTION RESULT! 😀

    ZELAYA EAT THE LURE (THE VOTE) AND SWALLOWED CONCIOUSLY OR UNCONCIOUSLY THE FISHING GAFF: ACCEPTING ARTICLE 239 FORBIDING HIS ACTAL REELECTION!

    In particular, we will not make public statements or exercise any sort of influence inconsistent with Articles 5, 239, 373 and 374 of the Constitution of the Republic of Honduras and we will energetically reject any expression contrary to the spirit of said articles and the Special Law to Regulate Referendums and Plebiscites.”

    THAT MEANS THAT – AS ACCORDING TO ARTICLE 239 EXPLICITLY RESPECTED – NO PRO ZELAYA RESULT IS LEGALIZED EVEN BY THE AGREEMENT! 😀

    ISN’T IT NICE? ZELAYA RE-DELEGALIZED HIMSELF! 😀 😀

  7. Al  November 1, 2009 at 10:44 am

    In the next few days we will see where this flagrant intromission into the sovereignty of Honduras on the part of the international community, especially the ALBA backed by the Obama government will take Honduras as a nation and as part of Latin America as a whole.

  8. gonow  November 1, 2009 at 10:24 am

    and while you are at it get ….. obama to change your financial system ….. that would be nice ….. i live in canada and in a few years i will get 50 lps for one canadian dollar………

  9. gonow  November 1, 2009 at 10:04 am

    if zelaya gets voted back in ..you must throw away your costitution ………… and ask obama and clinton…….to draw you up a new one….becouse you feel you are not able enough yet to it yourself and the ”wise” …”white”…father in washington must do it for you ……wonder why micheletti was so strong and honest about the constetution for a long time and than all oversudden changed….???$$$???

  10. Musu  November 1, 2009 at 8:26 am

    In view of Article 239, the “Agreement” has the chance to be legal at most when ist was clear from the beginning that the result of the vote could not be Zelayas reinstatement (see above mentioned explanation).

    In this case however: Zelaya conciously agreed to dispense with something he had not even the right to have or even demand: the second presidency.

  11. Musu  November 1, 2009 at 7:54 am

    In Sum:

    In view of Article 239 of the Honduran Constitution:
    – (A) Zelaya cannot become legal President (under any circumstance)
    – (B) Anyone voting or even intending to vote for Zelayas reinstatement is disqualified by the Honduran Constituition.
    =>
    The outcome of the vote (if legal at all) cannot be Zelayas reinstatment; since any pro Zeleaya voter is a priori disqualified by the Honduran Constitution.

    So in any case: No Chance Amigo 😀 😀

  12. Musu  November 1, 2009 at 7:17 am

    And that is why I say: Follow your heart, not an Illusion 😉 Only just can you be free..

  13. Musu  November 1, 2009 at 6:52 am

    Only the fact that Zelaya was removed, he has been bagging to be reinstated, made it impoosible for him to become legal honduran president again.

    He already lost his game then.
    There was nothing to discuss.

    Nothing will ever change this.

  14. Musu  November 1, 2009 at 6:48 am

    Everyone who supported the “Agreement” is dsiqualified by even cosidering respecting it 😀

    The “Agreement” has thus never been agreed to by Executive Forces 😀

  15. Musu  November 1, 2009 at 6:45 am

    This is an legenat feature of the Honduran Constituition.

    – Article 239 cannot be amended.
    – Any violation and any attempt of violation of Article 239, be it explicitly or implicitly, leads to disqualification for 10 years.

    Since the porposal had to be formulated before it has bee signed, and becaus it had to be proposed first, the proposing sinde could onlx propose it, by not being in executive power.
    The proposal accepting side is also disqualified, since it supports the proposal.

    Thus, under the Honduran constition, it is never the Executive that can agree on such a proposal 😀

    Under the Honduran Constition, The “Agreement” has been Propsed and Agreed by bpeople which are actually not in power 😀

    Zelaya will never be legitimate President of Honduras; never.

  16. Musu  November 1, 2009 at 6:38 am

    sorry for my spelling mistakes 😀

  17. Musu  November 1, 2009 at 6:37 am

    😀 😀 😀

    Article 239:

    “The citizen who has played the title of Executive Power may not be President or Vice President of the Republic.

    The who broke this provision or propose its reform, as well as those who support directly or indirectly, cease immediately in the performance of their respective positions and will be disqualified by ten (10) years for the exercise of public office.”

    ===

    – The “Agreement” must not be respectet by the Executive; accordiung to the Honduran Constitution. Why?
    * Because anyone woh accepts the “Agreement”, which considers to reinstate Zeleaya and thus to be a proposed reform of Article 23, is disqualified by ten (10) years for the exercise of public office.
    – The vote aimed by the “Agreement” is illegal under the Honduran Constitition.

    No Honduran can respect this “Agreemnt” (whatever the vote’s outcom is) without thereby losing ist executive right. The Honduran Constitution makes it under any circumstances illegal that Zelaya become President.

    The “Agreement” is not only illegitimate but also illegal in view of the Honduran constition.

    The “Agreement” is thus both naturally and legally null and void.

  18. Musu  November 1, 2009 at 6:10 am

    I don’ t how you all handle things; but for me it is clear:
    Nothing stands above Freedom.
    Nothing stands above Justice.

    And it is beacause I respect this;
    even if i am the only one in the world doing so;
    that I am Free, Souvereign and Independent; whatever you do, whatever you want, whatever you think.

    That is Freedom. The Americans seemingly forgot..

  19. Musu  November 1, 2009 at 6:02 am

    It is all in the word: “reinstate”.

    Obama is an ass-hole.

  20. Musu  November 1, 2009 at 6:01 am

    “Zelaya may not unambigously not be reinstated.”

    (Correction; in view of Article 239) =>

    “Zelaya may unambigously not be reinstated.”

    ===

    Obama, Clinton, Zelaya and so forth do want Article to be 239 violated.

  21. Musu  November 1, 2009 at 5:48 am

    Viewed form the Honduran Constituition:
    – Zelaya may not unambigously not be reinstated.

    The “Agreement” however aims at considering reinstating Zelaya and thus to violate the constition.

    Isn’t it what Zelaya and his supporters always wanted?

    The “Agreement” is not valid.

  22. Musu  November 1, 2009 at 5:39 am

    Funny in this context:

    As far as I know:
    – (A) Does the Honduran Constitution allow a removal of a President under certain conditions.
    * Have this conditions been met?
    * Do already-made-facts or afterward-arbitrary-vote decide?

    – (B) Does the Honduran Constitution allow a President to be President only one time.
    * Has Zelaya been removed?
    (a) If he actually has been:
    +Can he be President a second time?
    (b) If he actually was not:
    +Why the “Agreement”?

    ===

    (A): Is a matter of truth.

    (B): Is a matter of fun:
    – The “Agreement” implicitly states, that Zelaya has been removed.
    – This statement is the basis for the “Agreement”.
    – In view of this statement, to which Zelaya and his supporters actually agrees, in view of the Honduran Constitution the questions can be raised:

    **Can a vote -aiming at reinstating Zelaya- not be anti-constitutional?

  23. Musu  November 1, 2009 at 4:37 am

    (becomes)..

  24. Musu  November 1, 2009 at 4:36 am

    – Legitimate claims do not compete with other legitimate claims.
    – Only illegitimate claims do compete with legitimate claims.

    – Fair contracts do only respect legitimate claims.
    – Fair contracts do never respect any illegitimate claim.

    – Only fair contracts are legitimate.

    – Unfair contracts do respectively respect at least one illegitimate claim.
    – Unfair contracts are thus a priori null and void.

    There is no legitimitate claim that Zelaya gets President.

  25. miraclemant  October 31, 2009 at 11:27 pm

    so much for Micheletti stating that no agreement would be agreed upon before the elections of Nov. 29th.

    I believe it would be so easy and fairly inexpensive for Chavez to buy off enough members of congress (possible with 19,000,000L to each member of congress) to support z’liar, that I fear for the future of Honduras.

    I see nothing in this agreement to prevent the government of Honduras from arresting z’liar as soon as he steps out of his hiding hole, and put him where he belongs in a prison cell.

    Why would Micheletti give in to pressure when Honduras was so very close to the up coming elections.

    Is Honduras so weak that they feel they have to cave into international pressure???

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