Honduras is a country located in Central America, bordered with Guatemala, El Salvador and Nicaragua and has a coast along the Gulf of Honduras giving access to the Caribbean Sea as well as access to the Pacific Ocean via the Gulf of Fonseca. The country’s capital city Tegucigalpa is located in the south of the country not too far from both the El Salvador and Nicaragua borders.
In the earliest recorded times the area was made up of various Mesoamerican indigenous peoples including the Lenca Peoples and the Mayans. Christopher Columbus landed on the coast of modern-day Honduras in 1502 on his Fourth and final Voyage. From 1524 onwards the Spanish conquest of modern-day Honduras begun as the areas was incorporated into the Spanish colonial Empire, although northern areas never fully fell to the Spanish, with the Miskito Kingdom being of particular note. The area would become Spanish Honduras and be incorporated as a province of the Captaincy General of Guatemala, also called the Kingdom of Guatemala.
Honduras would gain independence from Spanish rule in 1821 and would become part of the First Mexican Empire and the United Provinces of Central America, although these were short-lived only up until 1823. Honduras became a Republic during its independence. The country also took part in many failed attempts at unifying Central America all of which collapsed.
Several US-based fruit and infrastructure companies were granted land and substantial special exemptions in an attempt to try and develop the north of the country, although this intended goal wasn’t reached and instead the companies exerted massive influence of internal politics for the companies own personal gains at the country’s expense, which became known as a Banana Republic, there were also numerous US military interventions during this time in the early 1900s.
In the 1940s and 50s the country was hit by constitutional crisis and economic detriments from general strikes which led to some reforms. The Mosquito Coast was transferred from Nicaragua to Honduras in a ruling by the International Court of Justice. In 1963 a military coup toppled the democratically elected President.
Further political turmoil and disaster came through the remainder of the later 1900s, including a war with El Salvador in 1969 known as the Football War, which was caused in relation to immigration and border tensions between the countries, the relationship further deteriorated after a three-round football elimination match preliminary to the World Cup. Eventually Salvadoran troops invaded Honduras, a ceasefire was organised by the Organisation of American States and it took force 6-days after the invasion and Salvadoran troops began withdrawing in early-August. 130,000 Salvadoran migrants were expelled from Honduras in the aftermath.
In September 1974 Hurricane Fifi caused severe infrastructure damage in the country. In 1979 Honduras returned to civilian rule and elections were organised to take place again. From the 1980s the US established a presence in Honduras for Cold War operations in neighboring countries against Communist influence, Honduras conducted operations in its own country against such elements which included CIA-backed operations. Hurricane Mitch in 1998 caused massive damage to the country, with the President of the time saying 50-years of progress had been lost.
In the 21st Century Honduras has continued to struggle with political turmoil, corruption, high crime and murder rates, a poor economy, drug cartels, and a 2009 coup and constitutional crisis. US presence remains in the country to help combat influence of drug cartels.
The country’s official language is Spanish, the largest ethnic group is Mestizo. The largest religion is Roman Catholic closely followed by Protestantism. The country’s currency is the lempira and the population is closing in on 10 million.
Government Type
Honduras is a Presidential Representative Democratic Republic with a President who is both Head of State and Head of Government and a unicameral parliament called the National Congress that makes up the legislative government. Multiple parties are allowed. Political Parties that go against republican, democratic and representative system of government are not allowed.
Article 3 of the constitution gives the people the right of insurrection against any who usurp a democratically elected government either via force of arms or breaking of the constitution or other laws.
The country is divided into Departments which are headed by Governors who are appointed by the President of the Republic, the Governors are in-charge of each of the Departments executive branches, the Departments also have their own legislatures.
The Executive Government
The President is both the Head of State and Head of Government and has a number of executive powers at their disposal. The President and Executive is also checked and given oversight by the National Congress.
The President is elected alongside three Presidential Designates, the Designates exist in the case of permanent absence by the President where then the National Congree will choose one of the three Designates to fill out the remainder of the Presidential term. One of the designates will also fill in for the President during temporary absence.
If all three designates are also permanently absent then the presidency will be held by the President of the National Congress, or if they cannot then by the President of the Supreme Court of Justice, for the remainder of the presidential term.
If for whatever reason an election is not announced on time for President and Designates, then the executive power will be exceptionally exercised by the Council of Secretaries of the Cabinet, presided over by the Secretary of the Cabinet in the Departments of the Interior and Population. The Council of Secretaries of the Cabinet must convoke elections within 15-days.
President Powers and Duties
The President has the power to call a referendum relating to matters that are constitutional, legislative or administrative. The President can call one after resolution of the Council of Secretaries of State. At least 10 representatives of the National Congress can also bring forth a motion for a referendum and at least 2% of citizens registered in the National Electoral Census can petition for a referendum on a matter to the National Congress. Referendums are binding if the vote reaches a certain threshold (such as an absolute majority of voters on level with that who voted in the last General Election). Voting in referendums is compulsory.
The President complies with and enforces the constitution, treaties, conventions, laws and other legal provisions. The President represents the State and directs its policies. Maintains peace and internal security. The President freely appoints and removes Secretaries and Deputy Secretaries of the Cabinet as well as other officials and employees whose appointed is not assigned to other authorities.
The President works to give the legislative and judicial branches and the Supreme Elections Tribunal the assistance and force as they may need to implement their decisions. In accordance with the law the President issues decrees, directives, regulations and resolutions. The President directs foreign policy and relations.
The President concludes treaties and agreements and after National Congress approval will ratify them. Appoints heads of diplomatic and consular missions, who must be Honduran by birth except for those which are honorary posts or representations jointly by Honduras with other states. The President receives the heads of foreign diplomatic missions and representatives of international organisations.
The President is the Commander-in-Chief of the country’s armed forces and adopts necessary measures for the country’s defense. The President can declare war and make peace during recess of the National Congress, of which must then be immediately convened.
The President administers the public treasury. The President can adopt special economic and financial measures when the national interest requires and must then give an account to the National Congress. Negotiates loans and after National Congress approval concludes their contracts. The President regulates customs tariffs in accordance with the law. Sees that the revenues of the State are collected and regulate their investment. Directs economic and financial policy of the State. Revises and fixes the minimum wage.
The President exercises supervision and control of banking institutions, insurance companies, and investment houses through the National Commission of Banks and Insurance. Appoints President and Vice-Presidents of state banks.
The President draws up the National Development Plan, puts it to discussion of the Council of Ministers, submits it to the National Congress for approval, and then directs and executes it.
The President has the power to pardon and commute sentences.
Offices of the Secretaries of the Cabinet
The Secretaries of the Cabinet are bodies of the general administration of the country which is directly dependent on the President. They cooperate with the President in orientation, coordination, direction, and supervision of organs and agencies of the national public administration in their areas of jurisdiction.
Decrees, regulations, directives, orders and executive acts of the President of the Republic must be authorized by the Secretaries of the Cabinet within their respective areas of jurisdiction for them to have legal force. Secretaries of the Cabinet and Deputy Secretaries are jointly responsible with the President for any acts they authorize.
The Council of Ministers is the highest executive decision-making body and is convoked by the President and presided over by the President. Decisions are made by simple majority vote with the President having a casting vote on ties.
Secretaries of the Cabinet submit annual reports to the National Congress on work they have done in their respective departments.
Presidential Removal
Various officials can be impeached by the National Congress and removed from office including Presidential Designates, Justices of the Supreme Court, Representatives of the National Congress itself and Honduran members of the Central American Parliament, Representatives of Municipal Corporations and all public offices elected by the National Congress.
Bringing impeachment proceedings against such individuals can occur when there is a grave complaint against their performance in office for breaking the constitution, working contrary to the national interest and for manifest negligence, inability, or incompetence in the exercise of office.
The President of the Republic can also be impeached. Impeachment and removal against any official apart from the President require two-thirds of the National Assembly in favour, while for impeachment and removal of the President it requires a three fourths majority.
The impeachment includes two stages, an investigative period that lasts for an established period of time and then a debate and vote that lasts no longer than 5-days.
Emergency Provisions
The President has the power to suspend certain rights and guarantees during extraordinary events such as invasion of the national territory, serious disturbance of the peace, an epidemic or other general disaster. The President can decree a State of Emergency in agreement with the Council of Ministers. Such a decree must include reasons justifying it, guarantee or guarantees that will be restricted/suspended, territory affected, and duration.
Congress must be convened (if it has not been already) by the same decree in order that within 30-days it can take cognizance of such a decree and either ratify, modify or reject it.
Period of restrictions cannot go beyond 45-days for each time it is decreed.
The Legislative Government
The National Congress or Congress of Representatives is a unicameral house that makes up the legislative government. Its main job is to have legislation introduced, scrutinize and debate such legislation, possibly amend it, and also either pass or reject it. It is also the job of the Congress to give oversight of the Executive Power. The National Congress also scrutinizes the annual State Budget and can decide on modification.
Legislation can be introduced by the President of the Republic through Secretaries of the Cabinet. Members of the National Congress can introduce legislation. The Supreme Elections Tribunal and Supreme Court of Justice can also introduce legislation within their jurisdiction. At least 3,000 citizens also have the right to introduce a legislative bill.
Bills passed by the National Congress are sent to the Executive Branch for promulgation. The Executive Branch can choose to return a bill it disagrees on along with the reasons why, if the bill is passed again by at least a two-thirds majority without change then the Executive Branch must promulgate it. If a bill is rejected on the grounds of it being unconstitional then it will first go to the Supreme Court of Justice for an opinion before going back to the National Congress.
The National Congress currently has 128 members. Members must turn up for sessions unless they are incapacitated, such who are absent for unjustified reasons can be expelled from Congress and banned from running for public office for 10-years.
An extraordinary session of the National Congress can be called to focus on a specific urgent matter either by the Executive Branch, the National Congress Permanent Committee or by at least an absolute majority of Congress members.
The Bureau of the National Congress that includes directors and the President of the National Congress are elected by members of Congress, the President of the National Congress has a 4-year term (in line with the National Congress term) while the director’s serve 2-year terms. The President of the National Congress is also the President of the Permanent Committee.
Other Duties
The National Congress gives its consent to all international treaties before they can be ratified by the Executive Power. Article 21 does say that the Executive Power can, in matters of its exclusive competence, enter into, ratify or adhere to international conventions with foreign states or international organisations without the requirement of approval by the National Congress, but Congress must still be immediately informed of this.
The National Congress elects the members of the Supreme Elections Tribunal as explained in the Electoral System section.
Director and Sub-directors of the National Registry of Persons are elected for a period of five-years by the affirmative vote of at least two-thirds of the total members of the National Congress.
Elect the Justices of the Supreme Court of Justices from a pool of candidates proposed by the Nominating Board.
Also elects members of the Superior Tribunal of Accounts; Attorney General and Deputy Attorney General of the Republic; General Prosecutor of the Republic and the Adjunct General Prosecutor; Attorney for the Environment; National Commissioner for Human Rights; and the Superintendent of Concessions.
Accept or refuse to accept resignation of the President of the Republic. Gives approval for the President of the Republic to leave the national territory for longer than 15-days. Fills vacancies of the President of the Republican or Presidential-designate if they become permanently absent.
Can grant amnesty for political offenses or related common offenses.
Approves or disapproves contracts that involve fiscal exemptions, incentives, and concessions, or any other contract that is to take effect or continue to be valid.
Approves or disapproves of the administrative conduct of various areas such as executive branch, judicial branch, and independent bodies as well as a number of public offices and other institutions of the State.
Can appoint special committees to investigate matters of national importance. These committees will have special powers such as compulsory summons.
Can question Secretaries of the Cabinet and other officials of central government, decentralized institutions, state enterprises and any other entities the State has an interest, concerning public administration matters.
Gives consent to confer ranks at the proposal of the Commander-in-Chief of the Armed Forces.
Declare war or make peace. Order foreign troops off territory or give them permission of admission or to pass through.
The Electoral System
Presidential elections happen every 4-years and the President along with thee Presidential Designates are elected via a First-Past-the-Post System, where only a simple majority is needed to win.
Those running as candidates for President or Presidential Designates must be a Honduran citizen from birth, be over 30years of age, be in enjoyment of rights of citizenship, and be a layman.
Article 239 states that no one can hold office longer than a single term, but as I understand it the Supreme Court of Justice has ruled this unconstitutional and as such a person can serve a maximum of two terms.
Elections for the National Congress are held every 4-years. Members are elected from multi-seat Departments using a form of proportional representation where reaching a certain quota of the vote in each Department will guarantee a party seats.
To be a candidate for election to the National Congress one must be a Honduran citizen by birth, be at least 21-years-old, be in exercise of rights of citizenship, be a layman, and to have been born in the Department they are running in or to have lived there for at least 5-years prior to the convocation of the election.
Certain people are exempt from running such as those already holding public office, those in the military or security services on active duty, and those holding judicial office. Certain groups also have spouses and relatives exempt. (these restrictions on who can run also apply to the presidency).
There is a Supreme Elections Tribunal that organises and observes elections and referendums, settles electoral disputes and makes sure electoral law is abided by. The Supreme Elections Tribunal also gives its opinion and guidance on amendment and changing of or introduction of new electoral laws. This Body is made up of three Principal Justices and one Substitute who are elected by affirmative vote of at least two-thirds of the totality of the members of the National Congress for a term of 5-years and who can be re-elected, the members elect a President among themselves in a rotating-manner for a term of one year.
To vote one must be a citizen of Honduras and be at least 18-years-old. Citizens who are on active duty in the Armed Forces and State Security Forces are not allowed to vote. For those who can vote in elections, it is compulsory to do so.
Sources
The source for this post comes from Honduras’ constitution of 1982 with amendments through to 2013 and so should be as up to date as possible though of course there is a chance I misinterpreted some things and missed other things and of course the constitution can be changed and so this may eventually become outdated and as such cross-research is suggested for anyone using this seriously.
Amendments to the constitution are proposed by the National Congress with at least two-thirds majority vote, passage of an amendment requires a two-thirds majority vote in the next annual session. Articles on form of government, presidential term, and procedure for amending constitution cannot be amended.
Next up will be the government system of Hungary!
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