Saturday, October 31, 2009

Translated Text of Honduras Accord

This is a Google translation of the Honduras Accord, signed on 30 October 2009

PREAMBLE

We Honduran citizens, men and women convinced of the need to strengthen the rule of law under our Constitution and laws of our Republic, deepen democracy and ensure a climate of peace and tranquility to our people, we had a strong and frank political dialogue process to find a peaceful and negotiated solution to the crisis our country has been plunged in recent months.

As a result of this dialogue that sanity has prevailed, tolerance and the patriotic spirit of all its participants, we drafted a political settlement that will restore the peaceful coexistence of citizens and ensure a climate conducive to democratic governance in our country. This agreement, we are sure, will mark the path to peace, reconciliation and democracy, urgent demands of Honduran society.

The conclusion of this agreement demonstrates once again that the Hondurans are able to successfully practice dialogue and thank him and through it, achieve the lofty goals that society demands and the nation requires of us.

Under this, we have agreed to the following agreements.

1 .- ON THE GOVERNMENT OF NATIONAL UNITY AND RECONCILIATION
To achieve reconciliation and strengthen democracy under a Government of Unity and National Reconciliation, composed of representatives of various political parties and social organizations, recognized for their ability, honesty, competence and willingness to talk, who will occupy the various secretaries and deputy secretaries, and other state agencies in accordance with article 246 and following of the Constitution of the Republic of Honduras.

Given that prior to the June 28, the executive branch had sent to Congress the draft National General Budget of Revenue and Expenditures, in accordance with the provisions of Article 205, paragraph 32 of the Constitution of the Republic of Honduras, the government of national unity and reconciliation, respect and operate on the basis of the general budget, recently approved by Congress for fiscal year 2009.

2 - ON THE WAIVER to convene a National Constituent Assembly Amend the Constitution AS unreformable.

Fundamental. To achieve reconciliation and strengthen democracy, we reiterate our respect for the Constitution and laws of our country, refraining from making appeals to the convocation of a Constituent National Assembly, directly or indirectly and also giving to promote or support any referendum with the aim of reforming the constitution to allow presidential reelection, modify the form of government or contravene any of the articles of our Constitution irrevocable.

In particular, we will not make public statements or exert any influence inconsistent with Articles 5, 239; 373 and 373 of the Constitution of the Republic of Honduras, and strongly reject any expression contrary to the spirit of such items and special law regulates the referendum and the plebiscite.

3 - ON THE GENERAL ELECTION AND THE TRANSFER OF GOVERNMENT

To achieve reconciliation and strengthen democracy, we reiterate that, in accordance with Articles 44 and 51 of the Constitution of the Republic of Honduras, the vote is universal, compulsory, equal, direct, free and secret, and for the Supreme Electoral Tribunal with full autonomy and independence, control and implement all related to the acts and election processes.

Also make an appeal to the Honduran people to participate peacefully in the next general election and avoid all demonstrations to oppose the election or its outcome, or promoting the insurrection, unlawful conduct, civil disobedience or other acts that could produce violent confrontations or breaches of the law.

In order to demonstrate the transparency and legitimacy of the electoral process, we urge the Supreme Electoral Tribunal which authorizes and certifies the presence of international missions from now until the declaration of the result of general elections and the hand over to take place in accordance with Article 237 of the Constitution of the Republic, 27 January 2010.

4 - ON THE ARMED FORCES AND NATIONAL POLICE

To achieve reconciliation and strengthen democracy, we reaffirm our willingness to abide in all respects Article 272 of the Constitution of the Republic of Honduras, in accordance with which the Armed Forces, are available to the Supreme Electoral Tribunal from a month before the general elections, in order to guarantee the free exercise of suffrage, custody, transparent and monitoring of election materials and other aspects of process safety. We reaffirm the professional, apolitical, obedient and not deliberating the Honduran Armed Forces. Similarly, we agree that the national police must adhere strictly to what is prescribed special legislation.

5 - THE EXECUTIVE

To achieve reconciliation and strengthening democracy in the spirit of the themes of the proposed San Jose Accord, both negotiating committees have decided, respectfully, that the National Congress as an institutional expression of popular sovereignty, using its powers, in consultation with relevant bodies to consider as the Supreme Court and in accordance with law, resolve as appropriate in respect of "to roll back the ownership of the executive branch to its status prior to 28 June until the end of the current governmental period on 27 January 2010.

The decision to accept the Congress should provide the basis for achieving social peace, political peace and governance demanded by society and the country needs.

6 .- VERIFICATION ON THE COMMISSION AND THE COMMISSION ON THE TRUTH

To achieve reconciliation and strengthen democracy, we have the creation of a Credentials Committee of the commitments made in this Agreement, and those derived from it, coordinated by the Organization of American States (OAS).The commission shall consist of two members of the international community and two members of the national community, the latter shall be chosen one by each of the parties.

The Credentials Committee will be responsible for attesting to the strict compliance with all points of this agreement and will receive for it the full cooperation of the Honduran public institutions.

Violation of any of the commitments contained in this Agreement, established and declared by the Credentials Committee, will produce the activation of measures developed by the Commission to the offender or offenders.

To clarify the events before and after 28 June 2009, it will also establish a Truth Commission to identify the actions that led to the current situation and to provide the people of Honduras elements to prevent these acts were repeated in the future.
This Dialogue Commission recommends that the next government, as part of a national consensus, constitutes the Truth Commission in the first half of 2010.

7. ON NORMALIZATION OF RELATIONS OF THE REPUBLIC OF HONDURAS TO THE INTERNATIONAL COMMUNITY

By committing to faithfully fulfill their commitments in this Agreement, we respectfully request the immediate revocation of those measures or sanctions taken bilaterally or multilaterally, that somehow affect reintegration and full participation of the Republic of Honduras in the international community and access to all forms of cooperation. We call upon the international community to relaunch as soon as possible the current projects of cooperation with the Republic of Honduras and continue with the negotiation of future. In particular, we urge that, at the request of the competent authority becomes effective international cooperation that is necessary and timely for the Verification Commission and the Truth Commission in the future to ensure the faithful implementation and monitoring of the commitments made in this Agreement.

8. FINAL PROVISIONS

Any differences in interpretation or application of this Agreement will be submitted to the Credentials Committee, shall determine, in keeping with the provisions of the Constitution of the Republic of Honduras and current legislation and by an authentic interpretation of this Agreement, the solution appropriate.
Taking into account this Agreement is the product of understanding and brotherhood among Hondurans, strongly request the international community to respect the sovereignty of the Republic of Honduras, and fully observe the principle enshrined in the Charter of the United Nations not interference in the internal affairs of other States.

9 .- SCHEDULE OF COMPLIANCE AGREEMENTS

Given the entry into force immediately after this agreement after your subscription date, and in order to clarify the time of implementation and monitoring of commitments made to achieve national reconciliation, agree to the following schedule of compliance.

* October 30, 2009
1 .- Subscription and entry into force of the agreement.
2 .- formal delivery of the agreements to Congress for the purpose of Section 5, the "Executive".
November 2, 2009
1 .- Establishment of the Credentials Committee.
* From the signing of this Agreement and no later than November 5.
1 .- Formation and installation of the Government of Unity and National Reconciliation.
* January 27, 2010
1 .- Celebrating hand over of government.
* First half of 2010
1 .- Establishment of a Truth Commission.

10 .- FINAL DECLARATION

In the name of reconciliation and the patriotic spirit that has brought us together at the negotiating table, we undertake to comply in good faith under this Agreement and what you as a result.

The world is witness to this demonstration of unity and peace, which commits us our civic duty, and patriotic devotion. Together, we shall demonstrate our courage and resolve to strengthen the rule of law and build a tolerant, pluralist and democratic.
We signed this Agreement in Tegucigalpa, Honduras, on 30 October 2009.

11 .- THANKS

We take this opportunity to thank the support and the good offices of the international community, especially the Organization of American States and its Secretary General Jose Miguel Insulza, the Missions of Foreign Ministers of the Hemisphere, the president of Costa Rica, Oscar Arias Sanchez, the final government of the United States, its President Barack Obama and his Secretary of State Hillary Clinton.

12 .- ON THE ENTRY INTO FORCE OF THE AGREEMENT TEGUCIGALPA / SAN JOSE
For internal purposes, the agreement takes full effect after its signing.
For purposes of protocol and ceremonial, will be held a public subscription on 2 November 2009.

Tegucigalpa Central District Municipality, 30 October 2009.

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