Celeo Alvarez Casildo: The Moment Has Come for a New Constitution in Honduras

It would help all of us who want to see democracy in Honduras to know:  What are the specific features in the old constitution which are oppressive, and maintain the rule of the oligarchy, and what specific new constitutional provisions are needed?  I hope someone can tell us.  I have wanted to know since the day of the coup, but I have never seen a precise description of what the anti-coup forces want constitutionally.

Thankyou,

Laurence

Laurence, I can't speak for the Resistance, but I can tell you some of the key issues that absolutely must be changed. I would also point out that Oscar Arias has called the Constitution "the worst in the world."  You can't find a precise description of the necessary changes, because the steps for reform are: "first, throw it out." 

Anyway:

1. The Constitution has articles which can't be changed--can't even be discussed, if you believe the coupistas. This is not acceptable. Earlier generations cannot predict the needs of later ones, and so they may not bind them.
2. The present Constitution makes the Armed Forces a permanent institution (Art. 272). Many Hondurans would like to follow Costa Rica into abolishing the Armed Forces. Involvement of the Armed Forces in elections is a Very Bad Idea (Art. 272).
3. The provision allowing people to be permanently stripped of citizenship (Art. 42) is not consistent with treaties to which Honduras is a signatory. Its application to Father Tamayo was incredibly arbitrary.
4. One very sore point is that fundamental human rights in the Constitution have been usurped by globalization treaties. Fundamental human rights are, as our Declaration recognizes, inalienable.
5. The Constitution lacks a clear procedure for impeachment.
6.  The Congress has usurped powers of the courts by claiming a right to "interpret" the laws and the Constitution (Art. 205, sec. 10).
7. The poor of the country would like the rights to an education, basic healthcare, and a livelihood formally recognized.
8.  After the attack on opposition media, one can bet that people want stronger protections, including probably a right to media independent of the oligarchy.
9.  One can also bet that they want to make sure there is no more use of chemical weapons and banned crowd suppression devices.
10. Having the Supreme Court appointed by the Congress for short terms is a Bad Idea (Art. 315).  

The Constitution is too long, because it contains things that there should be laws. A Constitution is a framework, and needs to be simple.