A decade since the protracted political brinkmanship leading up to 2009 coup, Honduras has yet to fully deal with the bitter fallout. In some ways, little has changed, with the traditional political actors still entrenched in power, with little real voice for the under-represented underclass majority.
On 27 January, marking the 12-month anniversary of Juan Orlando Hernández’ inauguration for a second presidential term, thousands took to the streets in the capital Tegucigalpa and across some 14 of the country’s 18 departments, calling for his resignation. According to local press, thousands of police mobilised to prevent protesters from obstructing movement of vehicles and individuals, which led to violent clashes and tear gas being fired.
Days later, Mauricio Oliva, congress president and senior member of the ruling Partido Nacional (PN), declared a package of constitutional changes approved by the 128-member legislature as “the most important electoral reforms in the country’s history”.
The changes incorporate recommendations that came out of the recent United Nations (UN)-facilitated national political dialogue in the country, which ended last year without a formal agreement. The dialogue process was called to address the severe crisis surrounding Hernández’ controversial re-election in November 2017, which was followed by weeks of fatal clashes between protestors and the security forces.
The left-wing opposition, including the defeated presidential candidate Salvador Nasralla, still maintain that the November 2017 ballot was fraudulent. While the opposition participated in the election, thereby giving it legitimacy, it continued (and continues) to reject a prior 2015 supreme court ruling allowing for presidential re-election, which was expressly banned by the country’s convoluted 1982 constitution (written by the retreating military administration).
This situation is exacerbated by (and ultimately dates back to) the June 2009 coup in the country, which saw the military ouster – on the orders of the supreme court and congress – of former president Manuel Zelaya (2006-2009), ostensibly on the grounds that Zelaya was seeking ways to perpetuate himself in power beyond his single four-year term, in contravention of the same 1982 constitution.
Zelaya now heads up a radical leftist opposition bloc at the helm of his Libertad y Refundación (Libre) party, which backed Nasralla in the 2017 election, and which continues to wage a running battle against the country’s powerfully entrenched conservative PN. Under the military-linked Hernández, the PN has tacked to the hard right and re-consolidated its traditionally strong links with the country’s powerful land-owning elite and US-facing business sector. Meanwhile, the other traditional Partido Liberal (PL), last in office with Zelaya, never recovered from the 2009 coup and is much reduced, riven into competing factions.
Having stacked the supreme court with sympathisers, and with the PN dominant in congress in his first term, Hernández’ move to run again in 2017 was a tale foretold. The key difference in 2017 was that Hernández had all the legal dressing for his move that Zelaya never managed to achieve. Inevitably, the situation created huge anger on the Left, which alleges the continued abuse of power by the traditional political class, long backed by its US equivalent.
This bitterly polarised battle between the radical Left and the US-backed conservative Right has kept Honduras locked in perpetual conflict for a decade now since 2009, preventing anything other than marginal progress in lifting the majority of the population out of a long cycle of poverty and severe citizen insecurity, and prompting the most vulnerable, largely young men, women and children, to join the US-bound migrant caravans so publicly reviled by President Donald Trump.
Political-electoral reform
Approved on 25 January by 113 deputies – well over the two-thirds needed for constitutional changes – this latest reform package on paper answers many of the demands for reform made by Libre and external observers such as the UN and the European Union (EU). The package was put together by a special multi-party commission comprising nine deputies: three from the ruling PN; two from Libre; two from the traditional PL, currently split into two main factions, one aligned with bench leader Elvin Santos, and the other with the PL’s 2017 presidential candidate, Luis Zelaya; and one each from the Democracia Cristiana and Alianza Patriótica.
The proof of the pudding will be in their implementation, however. Electoral rules and authorities are only as good as their enforcement and independence from political influence (and other vested interests).
Among the main changes, the existing electoral authority – the TSE – is dissolved, and replaced with a new national electoral council, the CNE, henceforth to be responsible for organising and supervising electoral processes.
A new electoral justice court (TJE) will be set up, with a remit to settle electoral disputes, including complaints related to electoral activity.
This new CNE will comprise three main councillors and an alternate, elected for a five-year period, while the TJE will comprise three principal magistrates and two alternates, also serving five-year terms.
The changes also restructure the much-discredited national registry office (RNP) – which administers the electoral roll. This now will be administered by a permanent commission, the three members of which will serve five-year terms and be tasked with purging the electoral register of anomalies, among other things.
Finally, reforms would also allow for the possibility of forms of popular consultations and for a second round of voting to take place for the presidential election.
Hailed by Oliva and Hernández, congressional approval of the initiative was also welcomed by the secretary general of the Organization of American States (OAS), Luis Almagro, and the UN representative in Honduras, Igor Garafulic. On 24 January, ahead of the final approval of the reforms, the long-standing US chargé d’affaires in Honduras, Heidi Fulton (carried over from the Barack Obama administration, 2009-2017), also tweeted: “The Honduran people deserve electoral reforms that strengthen Honduran electoral institutions, increase transparency, and inspire confidence in the electoral process – including a continuation of the Clean Politics Unit. We support efforts that improve democratic processes.”
Re-election - and how often would you like that, sir?
Even as Hernández and the PN take credit for these electoral reforms, the party is already thinking ahead. In early February, congressional vice president Antonio Rivera Callejas (PN) – one of two VPs – suggested a popular consultation to gauge public support for presidential re-election in the country, with a view to limiting re-election to once only.
A few days earlier, his PN colleague, deputy Walter Chávez, had submitted an initiative to limit re-election to one term. After the contentious 2015 supreme court ruling, which left the matter open, Hernández – magnanimously – pledged legislation to limit re-election to a single term. However, Zelaya, backed by Libre and its allies (and some sections of the PL), rejected that gesture out of hand, because the reality was that the supreme court ruling left it open for Zelaya to run again too, and he clearly wanted (and still wants) to keep his options open. (Never let it be said that Honduran politicians miss a trick.)
In reference to Chávez’s initiative, Rivera Callejas noted that it would be difficult for the PN to win support for it given its current (weaker) position in congress, where it now has just 61 seats. “In congress, we don’t have sufficient votes, but we could still regulate re-election by popular consultation,” he told journalists. He suggested that citizens could be asked whether they wanted re-election for one period or indefinitely.
Callejas’ proposal will be yet another stick in the craw for Zelaya, whose wings were so severely clipped in June 2009 for merely proposing – never mind organising – a non-binding plebiscite on the issue of political reform, which his opponents took to mean term limits. Callejas, for his part, was unclear as to whether his proposed consultation would be binding or indicatory.
But it is most likely, in our view, that long suffering Hondurans – still not too far removed from the last military period – would reject the idea of indefinite re-election. That would effectively put an end to Zelaya’s lingering presidential ambitions, and allow Hernández to take the credit for another ‘sensible’ and ‘modernising’ political reform in Honduras.
Given the PN’s hold on the country – and the continued disarray in the opposition – it is also quite likely that the PN will manage to remain in office under a Hernández protégé, not least given the continued swing back towards the Right across Latin America, and the tacit US support for the PN.
Calls for Hernández to be investigated
While Hernández seems to have a strong grip on the country’s political and constitutional affairs, he may yet run into difficulties over apparent links to corruption and other illicit activities.
Honduras remains well down on Transparency International (TI)’s Corruption Perceptions Index, ranking at 132 of 180 countries in 2018, with the local TI chapter noting continuing threats against corruption investigations, including by the OAS-sponsored Mission to Support the Fight against Corruption and Impunity in Honduras (Maccih). For local anti-corruption activists, the fate of the UN-backed anti-impunity commission in Guatemala (CICIG), the Maccih parallel in neighbouring Guatemala, will be a cautionary tale.
On 21 January, Acción Ciudadana Contra la Dictadura (ACCD), an umbrella group including dozens of political and social organisations, filed a request with the attorney general’s office (AG) for Hernández to be investigated in relation to the arrest of his brother Juan Antonio ‘Tony’ Hernández. A former PN deputy (2013-2017), ‘Tony’ Hernández was charged on 25 November in the US with drug trafficking, among other offenses.
Melvin López, a lawyer for the ACCD, told reporters that the request was for the AG to investigate Hernández’s “personal conduct” in his capacity as the country’s head of state and brother of a convicted criminal. The ACCD emphasised that Hernández, as president, possessed enough information and power to stop the illicit activities involving his brother. According to a US Department of Justice press release, Tony Hernández was charged in a Manhattan federal court with conspiring to import cocaine into the US, “related weapons offenses involving the use and possession of machineguns and destructive devices, and making false statements to federal agents”.
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Other doubts over Hernández
President Hernández previously faced some uncomfortable questions last year, after a lawyer defending one of the 38 suspects in the so-called ‘Pandora’ corruption case – uncovered by the Maccih – pointed to the existence of a “criminal organisation directed from the state”. The Pandora case involves claims that public funds to the tune of HL282m (US$11.7m) meant for agricultural, agro-industrial, and horticultural projects were used to finance the political campaigns of both the PN and the PL ahead of the 2013 general election (won by Hernández).