Sunday, July 26, 2009
Consolidating democracy, human rights, and the rule of law
By Gerald Latouche JP
Honduras President, Manuel Zelaya, should be returned to office to serve out his presidential tenure which ends sometime after the constitutionally due elections of 29 November 2009. However, he, Manuel Zelaya, should also be taught to respect the constitution, the Supreme Court and the rule of law!
In contradiction to the Honduran constitution, Mr Zelaya organised a referendum on convening a constituent assembly – similar to what President Hugo Chavez established in Venezuela. This exercise violated the constitution of Honduras and both Congress and the courts were openly and vehemently opposed to it – yet he went ahead trying to consolidate autocratic rule! Why? Why does this keep happening I ask myself?
Last year, in celebration of Dominica’s 30th Anniversary of independence I wrote a series for the Chronicle and the Dominican.net entitled, “The rule of Law vs the law of the jungle.” I made reference to a string of countries from Asia, Africa and the Americas that had suffered economic hardship, social strife and underdevelopment at the hands of power hungry men.
Men who got into government either by participating in free elections or through armed uprising, then once in power would change the rules to favour themselves. Men who would dare to change a country’s constitution to favour a political party and their political aspirations!
In Niger today, on the African continent, we again have a similar crisis to that which is unfolding in Honduras. Niger’s constitution allows a president to serve a decade in office, two five-year terms. In May 2009, the constitutional court of Niger rejected a bid by its current President Mamadou Tandja, to hold a referendum on extending his time in office. The court proclaimed this act illegal, just like the Honduran court told President Zelaya!
The Niger President Mamadou Tandja reacted by dissolving parliament and imposing emergency rule! Welcome to our brave new world – where men come into office and defy the constitution, the court and the rule of law, to hold on to power for as long as they wish! But ask yourself, why do other democratically elected leaders do not denounce this type of behaviour?
Opponents of President Mamadou Tandja of Niger have accused him of trying to turn the country into a dictatorship. Human rights campaigner Abdoul Kamara Dine said it reminded him of the worst kind of African dictatorships from the 1970s. But no word from the African Union!
These are similar fears that opponents of President Zelaya have expressed in Honduras. Where was the OAS when President Zelaya was violating the constitution? Hondurans want to see a progressive government whose priority is, “Consolidating democracy, human rights, and rule of law.”
They do not want a Cuba or a Venezuela in their country. As noble as the social policies of Cuba and Venezuela may be, not everyone want “social equity” at the expense of their freedom to choose, freedom to move, and freedom to speak and oppose! So yes let us have President Zelaya back to serve out his elected term in office, but let us also instruct our leaders in the respect for the constitution, for the court, and for the law! And those who do not choose to ‘leave by the law’ must be brought down by the law!
There are legitimate reasons why some countries have enshrined limited term for Presidential rule into their constitution – usually what most of these countries have in common is a history of military rule and dictatorship.
Having recently broken away from such bondage, these countries have seen it fit to protect their freedom and liberty by restricting the term of office for the President, and thereby reducing the chances of dictatorship. Interestingly both Honduras and Niger have a history of decades of authoritarian and military rule.
Niger gained independence from France on the 3rd August 1960 and from the first military coup in April 1974 until 1999, Niger had a history of being ruled by a succession of military dictators who held the populace hostage and subjected the country to periodic bloodbath.
In the first proper elections of October 1999, President Tandja won those elections for a five-year term. In December 2004, he won re-election for a final five- year term, which is expected to end this year. He refuses to go, so now he rules by decree! They should try him for treason and hang him!
Honduras gained independence from Spain in 1821 when Spanish rule collapsed. However authoritarian rule started as early as the 1940s and since 1963 when a military coup was mounted against the democratically-elected president, Honduras has known military rule up until the 1980s.
President Zelaya was sworn into office in January 2006 after winning the very controversial 2005 elections. On 28 June 2009, the Supreme Court, acting in accordance with Article 237 of the Honduran constitution, ordered the Honduran military to remove President Manuel Zelaya, for breaching the constitution.
If the President should be allowed to serve out his term in office, the OAS should also ensure that he shows respect for the Honduran constitution, and be concerned with this trend! Thank God we in the Caribbean do not know this pattern of behavior! Memories of slavery will not allow us to be ruled by a whip hand!
Honduras President, Manuel Zelaya, should be returned to office to serve out his presidential tenure which ends sometime after the constitutionally due elections of 29 November 2009. However, he, Manuel Zelaya, should also be taught to respect the constitution, the Supreme Court and the rule of law!
 President Zelaya of Honduras. |
In contradiction to the Honduran constitution, Mr Zelaya organised a referendum on convening a constituent assembly – similar to what President Hugo Chavez established in Venezuela. This exercise violated the constitution of Honduras and both Congress and the courts were openly and vehemently opposed to it – yet he went ahead trying to consolidate autocratic rule! Why? Why does this keep happening I ask myself?
Last year, in celebration of Dominica’s 30th Anniversary of independence I wrote a series for the Chronicle and the Dominican.net entitled, “The rule of Law vs the law of the jungle.” I made reference to a string of countries from Asia, Africa and the Americas that had suffered economic hardship, social strife and underdevelopment at the hands of power hungry men.
Men who got into government either by participating in free elections or through armed uprising, then once in power would change the rules to favour themselves. Men who would dare to change a country’s constitution to favour a political party and their political aspirations!
In Niger today, on the African continent, we again have a similar crisis to that which is unfolding in Honduras. Niger’s constitution allows a president to serve a decade in office, two five-year terms. In May 2009, the constitutional court of Niger rejected a bid by its current President Mamadou Tandja, to hold a referendum on extending his time in office. The court proclaimed this act illegal, just like the Honduran court told President Zelaya!
The Niger President Mamadou Tandja reacted by dissolving parliament and imposing emergency rule! Welcome to our brave new world – where men come into office and defy the constitution, the court and the rule of law, to hold on to power for as long as they wish! But ask yourself, why do other democratically elected leaders do not denounce this type of behaviour?
Opponents of President Mamadou Tandja of Niger have accused him of trying to turn the country into a dictatorship. Human rights campaigner Abdoul Kamara Dine said it reminded him of the worst kind of African dictatorships from the 1970s. But no word from the African Union!
These are similar fears that opponents of President Zelaya have expressed in Honduras. Where was the OAS when President Zelaya was violating the constitution? Hondurans want to see a progressive government whose priority is, “Consolidating democracy, human rights, and rule of law.”
They do not want a Cuba or a Venezuela in their country. As noble as the social policies of Cuba and Venezuela may be, not everyone want “social equity” at the expense of their freedom to choose, freedom to move, and freedom to speak and oppose! So yes let us have President Zelaya back to serve out his elected term in office, but let us also instruct our leaders in the respect for the constitution, for the court, and for the law! And those who do not choose to ‘leave by the law’ must be brought down by the law!
There are legitimate reasons why some countries have enshrined limited term for Presidential rule into their constitution – usually what most of these countries have in common is a history of military rule and dictatorship.
Having recently broken away from such bondage, these countries have seen it fit to protect their freedom and liberty by restricting the term of office for the President, and thereby reducing the chances of dictatorship. Interestingly both Honduras and Niger have a history of decades of authoritarian and military rule.
Niger gained independence from France on the 3rd August 1960 and from the first military coup in April 1974 until 1999, Niger had a history of being ruled by a succession of military dictators who held the populace hostage and subjected the country to periodic bloodbath.
In the first proper elections of October 1999, President Tandja won those elections for a five-year term. In December 2004, he won re-election for a final five- year term, which is expected to end this year. He refuses to go, so now he rules by decree! They should try him for treason and hang him!
Honduras gained independence from Spain in 1821 when Spanish rule collapsed. However authoritarian rule started as early as the 1940s and since 1963 when a military coup was mounted against the democratically-elected president, Honduras has known military rule up until the 1980s.
President Zelaya was sworn into office in January 2006 after winning the very controversial 2005 elections. On 28 June 2009, the Supreme Court, acting in accordance with Article 237 of the Honduran constitution, ordered the Honduran military to remove President Manuel Zelaya, for breaching the constitution.
If the President should be allowed to serve out his term in office, the OAS should also ensure that he shows respect for the Honduran constitution, and be concerned with this trend! Thank God we in the Caribbean do not know this pattern of behavior! Memories of slavery will not allow us to be ruled by a whip hand!
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// posted by TheDominican.net @ 10:06 PM
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