Is the OAS Against Democracy?

The Organization of American States (OAS) finds itself in a conundrum. When it condemned last week's coup in Honduras, the OAS was convinced that it was defending democracy. Today, the OAS is not so sure. In his recent visit to Tegucigalpa, the OAS secretary general José Miguel Insulza found himself in the awkward position of threatening a government that is supported by virtually all democratic forces in the country.

This is a crisis of asymmetrical illegitimacy--an international condemnation of a domestically legitimate government--that the OAS does not know how to address. It could start by trying to understand why so many Hondurans support the new government.

When the Honduran military ousted a sitting president last Sunday, many analysts saw in this crisis the return of a Latin American ghost--the military coup, which had been relatively absent from the region for decades. But the coup, a deeply troubling event, was not the only ghost from the past to have re-emerged. The other ghost was hyper-presidentialism.

Hyper-presidentialism occurs when elected presidents try to take the law into their hands, ignore constitutional limits, supersede the Congress and the courts, and use every possible trick to prolong their stay in office. Hyper-presidentialism directs a grave assault on democracy, because it is a challenge to political institutions coming from none other than the commander and spender in chief.

Hyper-presidentialism has become a recurrent problem in many Latin American democracies since the 1990s, and it set the stage for the Honduras coup. The democratically elected president, Manuel Zelaya, tried to run roughshod over the judiciary and the legislature.

The trigger was Zelaya's desire to seek another term in office. The Honduran Constitution prohibits re-election and, remarkably, the mention of one's desire to end this prohibition. Under normal circumstances, calling to reform this excessive constitutional restriction would seem perfectly reasonable. But democratic presidents must convince people of the need to reform, not exacerbate citizens' insecurity. Zelaya failed in this task. Everything he did suggested that his ultimate goal was to empower the Executive to the detriment of the other branches of government, and this scared all democratic forces.

This dark scenario of an electoral referendum turning into a mechanism to undermine the existing branches of government was not that far-fetched. It mirrors previous actions by Venezuela's president Hugo Chávez, Zelaya's strongest current ally. In the early 1990s, "self-coups" staged by Alberto Fujimori in Peru and Jorge Serrano in Guatemala were internationally condemned. Chávez avoided such condemnation by acting through a constituent assembly, which in 1999 disbanded the other branches of government and granted formidable powers to the Executive.

Zelaya failed to provide credible assurances that he did not harbor similar undemocratic intentions. Zelaya's populist line--a center-right millionaire's sudden self-proclamation as the "champion" of the poor--convinced no one. Even Zelaya's own party and several cabinet members argued with evidence that Zelaya was breaking the law and hoping to usurp the roles of the Congress and the judiciary. Zelaya's decision on the eve of the coup to re-name the referendum as a "poll" so as to circumvent the Constitution was as insulting to everyone's intelligence as the Congress' claim the following day that Zelaya had resigned.

Ultimately, the tragedy is that the military played a crucial role, siding with the judiciary and legislature over the Executive branch and undermining the military's constitutional role as an apolitical institution. While certain Hondurans avoid labeling this as a coup, the curfew and the arrests of journalists have made the reality of the situation all too clear.

Yet, it is also clear that the constitutional order broke down before the military acted. In democracies, the military owes allegiance to the Presidency, but the Presidency owes allegiance the rule of law. That chain of command broke down in Honduras, but in reverse order.

The inter-American community, and especially the OAS, shares some of the blame for this mess because it provided virtually no help during the six-month standoff in Honduras. In similar Latin American crises, international actors have sometimes intervened with good results. The most recent example occurred in Bolivia last year, when South American countries forced the government and the opposition to yield in negotiations over constitutional reform. But this spring, the OAS was too busy addressing the non-urgent issue of Cuba's return to its ranks to be bothered with the troubling issue of hyper-presidentialism in Honduras. Largely devoid of international help, the efforts by democratic actors in Honduras to stop Zelaya failed, and the result was the coup.

The lesson for the inter-American community is clear. Unless it develops a more sophisticated mechanism for Latin American democracies to help themselves from hyper-presidentialism, the region will also fail to deal with the other ghosts of its authoritarian past.

Comments

[Vicious75]

At least in the US Oaths of Enlistment & Office mention defending the Constitution before following orders of the president.­..just saying - Constitution > President.­..

[Marmen]

1 of 2:
Talking about Mel’s unfitness to rule the country may not be the point, but it is relevant information for those of us who are Honduran citizens, for you it's just another "reality show".

But, please, let’s get to "the point":

In Honduras' latest constitution, passed in 1982 there are "7 articles that cannot be repealed or amended because they address issues that are critical for us. Those unchangeable articles deal with the form of government, the extent of our borders, the number of years of the presidential term; two prohibitions -one to reelect presidents and another one to change the article that states who can’t run for president- and one article that penalizes the abrogation of the Constituti­on."

"These are the hard facts. On friday, June 27 Mister Zelaya, with his cabinet, issued a decree ordering all government employees to take part in the “Public Opinion Poll to convene a National Constitutional Assembly” (Presidential Decree PCM-020). The decree was published on Saturday on the official newspaper. With this event, Mister Zelaya triggered a constitutional protection that automatically removed him from office.”

[SayWhatYouWill]

You mentioned that you are an average Honduran. Do you really believe the readers of this blog believe that you are an average Honduran?

It is wrong to proclaim yourself to be an average Honduran while typing away on a computer (let me guess, a Mac) in perfect English and representing yourself as speaking for the people. Grow up.

[RoloTomassi]

Excellent.

[Anoners]

Because only rich people use computers and speak strange foreign languages in a backwards third world country that doesn't have technology and are still virtually in the stone age... You're the one who needs 'growing up'.

I'd expect this kind of 'exc­rement' from certain conservative radio show hosts, not from members of this great openminded site of all places.

I've lived in Honduras for about 10 years, last time I visited was in 2005, the 'Internet cafe' business was booming all around Tegucigalpa and San Pedro Sula. The use/rental of computers at these cafes are virtually cheep (less than $2 an hour). They're like modern day video arcades. People of all kinds and classes visit them for all sorts of reasons. From students researching stuff for school.. to kids playing pre-installed video games.... etc.

I wouldn't know how to put this in a percentage, but I know for a fact that most public schools in Honduras teaches English as a secondary language. There are a great many (go as far as saying 'majority' of) schools in SPS and Tegucigalpa that are completely bilingual. The which most of all the classes are taught in English.

While I know Honduras is a very poor nation, doesn't excuse ignorant people claiming that a poor nation doesn't have intelligent (poor/midd­le/regular­/whatever class) people in them, who speak a foreign languages or know how to use a computer.

----------
On topic: I'm happy Chavez Jr. is out. (Bet knowone's surprised there.)

[kikaBisogno]

What is the problem with you? Can't an average Honduran speak perfect english? I'm an average Venezuelan and I can speak three languages and I am typing away from my Mac. Does that disqualify me from speaking for my countrymen?

I think you should take your own advice and GROW UP. We latin americans are not ignorant people

[Marmen]

2 of 2:
“When Zelaya published that decree to regulate an “opinion poll” about the possibility of convening a national assembly he acted against the unchangeable articles of the constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent."

"How is that kind of intent sanctioned in our Constitution? With the immediate removal of those involved in the action as stated in article 239 of the Constitution which reads: “No citizen that has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.” Notice that the rule speaks about intent and that it also says immediately –as in instant, as in no trial required, as in no impeachment needed."

Here's an expanded version by Octavio Sanchez:

http://www.csmonitor.com/2009/0702/p09s03-coop.html

[Alabama John]

In 1981 the intelligent ruling class of Honduras created a manifesto for a rich nobility dictatorship.

So what President Zelaya is trying to do is destroy a totalitarian despotism by creating a Constitution. For a Constitution can only be created by the will of the people and that is why he needed the consent of the people.

[Marmen]

part 2 of 2:
“When Zelaya published that decree to regulate an “opinion poll” about the possibility of convening a national assembly he acted against the unchangeable articles of the constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent."

"How is that kind of intent sanctioned in our Constitution? With the immediate removal of those involved in the action as stated in article 239 of the Constitution which reads: “No citizen that has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform, as well as those that support such violation directly or indirectly, will immediately cease in their functions and will be unable to hold any public office for a period of 10 years.” Notice that the rule speaks about intent and that it also says immediately –as in instant, as in no trial required, as in no impeachment needed."

Here's an expanded version by Octavio Sanchez:

http://www.csmonitor.com/2009/0702/p09s03-coop.html

[WorkingClass]

Does your constitution make no provision for impeachment? Who is authorized to make the decision to put a gun to the head of the president and whisk him out of the country in the middle of the night? How do we know the president is actually guilty if he has not had a trial? You may have your own reasons to embrace this coup but by pretending it is "legal" you make a fool of yourself.

[AntonioSosa]

Insulza, the OAS secretary general, has a long and shameful Marxist record. In the 70's, Insulza played an active role in Allende’s Popular Unity, which sought to impose Marxism in Chile. As OAS secretary general, Insulza PRETENDS to promote democracy, but has been helping Castro and Chavez enslave Latin Americans.

Venezuelans, Bolivians, Ecuadorians, etc. have written to Insulza explaining the fraud and abuses of Chavez, Morales, Ortega, Correa, and the rest of the Marxist thugs. Insulza has responded by declaring “transparent and democratic” the fraudulent elections of his Marxist friends. The insults from Chavez and Castro against the OAS serve only to fool people into believing that the OAS is not what it is -- a tool for Castro/Chavez to enslave the Americas. The OAS has become an enemy of freedom and democracy and should be dissolved.

[Marmen]

Thanks for the comment AntonioSosa. Everybody else in the US seems to think that Castro, Chavez, and their ilk have our best interest at heart. The US government hears the word "coup" and gets red faced with guilt, and then proceeds to the Chavez bangwagon.
What a shame.

[apduncan1]

Huh?

The deposing of President Zelaya was a coup d'etat ... call a spade a spade.

The shame is that a country like Honduras cannot have a representative democracy.

[apduncan1]

Allende was elected President of Chile. Remember?

What do you have against democracy?

[Butterfly8]

While the elected Caracas Mayor Antonio Ledezma is carrying out a hunger strike, now on its 5th day, because he was stripped by Chavez of his mandate, Chavez is defending Zelaya's votes. Democracy is not only voting, ask the people in Iran if they voted for Armadineja­d... Democracy is ruling with a majority but respecting the minority. Democracy is abiding by the rule of law... Democracy is defending its institutions. I'm glad people are starting to see the double standards that are prevailing in our (Latin American) democracies, especially the double standards of the infamous OAS. Thank you for writing objectively.

[apduncan1]

How can all the members of the OAS be wrong at the same time?

[tomorrowman58]

In Latin America the army is not "apolitical" and this coup, yes COUP proves that. All your arguments are pointless. If you do not like a politician­...well then don´t vote for him! Who cares if Zelaya was a good or bad persident ,a lefty or whatever, that is not the point. THAT IS WHAT VOTING IS FOR!. The OAS did the right thing, The UN did the right thing. Supporting the coup of your choice is NOT the right thing. If you can not understand this then you do not understand democracy or (you have another agenda.)

[AntonioSosa]

There was NOOOOOOOOO coup! Hondurans prevented a coup. They quite rightly ousted a man who was unlawfully preparing for a power grab which would have resulted in disaster for Hondurans. The same disaster that is destroying Venezuela, Bolivia, Ecuador, Nicaragua, and the rest of the countries ruled by Marxist thugs controlled by Castro/Chavez.

As Zelaya behaved illegally, the Supreme Court ordered the military to remove Zelaya and to elevate the person next in line under the Honduras Constitution. This is Constitutional Democracy in action combating illegal behavior by a sitting president.

[apduncan1]

An elected President removed by the force of arms signifies a coup d'etat ... go and look it up in a dictionary.

[Alabama John]

The vote of the people is the highest law in the land, even above the Constitution. And above a ruling class so fool as to thing it can create a Constitution so holy that is above the people and cannot be change by the people.

[Alabama John]

President Zelaya did the most legal thing possible, he appealed to the highest court in the land and the highest law in the land, the will of the people. For it is impossible for a majority of the people to act in harmony and in so doing break the law, as the people may at will create new law. For the people are the Constitution and a law unto themselves.

[Marmen]

This article is one of only a handful that are beginning to shed light on what's really happening in Honduras and put it in some context, instead of all the others who are calling for the immediate reinstatement of MEL, but fail to tell us why.

I will tell you why he shouldn't be. Mel is just a rich kid who never amounted to anything. A wannabe leftist with no ideology of his own who was ostracized by his own party and sought comfort in the arms of Hugo Chavez and his ilk. That is where he got this idea that he could be president for life by changing the constitution like his friends from down south have done (i.e. Venezuela, Ecuador and Bolivia, we were next) and he probably had aspirations of being in power for the next 50 years, like his idol Fidel Castro.

From the perspective of an average Honduran, the reason we don’t want him back is that we know where he comes from: a rich landowning family who decimated our beautiful pine forest in the department of Olancho, waged dirty wars against competing lumber mill owners. Bullied, intimidated and even killed people…

http://www.latribuna.hn/web2.0/?p=16396

As for the rest of the Honduran population, once he’d been in office no more than six months, they knew that they had just wasted their vote.

So, why would we want him back?

[apduncan1]

" ... in the arms of Hugo Chavez and his ilk. "

What a generalization! Hugo Chavez was elected president of Venezuela. What do you have against democracy?

[Ira7]

You call that democracy?

[Johnish]

Castro says the OAS is an unburied cadaver. Chavez threatens to pull out of the organization and take his ALBA cronies with him. Insulza runs around like a poodle on a Chavez leash. Obama screws up, basically hands Honduras over to Chavez (Castro that is) and heads for the big game in Russia.

Yes, the OAS is failing democracy, for sure, and this time I’m really wondering if Obama got it right.

Having said that I wouldn’t want Insulza’s job for all the tea in China.

[RoloTomassi]

Please, people with your simplistic mindset have no grasp of what you are talking about; if not for pin-headed pundits spouting nonsense in support of elitists--the source for every bit of nonsense that you regurgitate online--you'd have nothing to say at all.

[Johnish]

Huh, how much is Hugo paying you to make such comments. Totally unhelpful and adds no substance. You said, essentially, nothing at all.

Peace..