Appendix 13 – Letter from the Government of Honduras on actions taken

OFFICIAL LETTER No.1077-DGPE/DSM-10

Tegucigalpa, June 4, 2010

Excellency,

It is my honor to present my compliments and to say that the purpose of this letter in follow- up to the two notes sent to the international community in April 2010 is to express our desire for genuine understanding of the situation in our country and that the international community be suitably and correctly informed of the efforts of the Government of Honduras to implement a real process of national unity and reconciliation.

I should begin by drawing attention to the fact that our president, Mr. Porfirio Lobo Sosa, has set about the task of leading the country with the strength afforded him by the legitimacy of a transparent election extensively observed by the international community, in which the majority of the people of Honduras clearly, lawfully, and unmistakably expressed their will in the search for peace, stability, and restored unity.

This electoral process, called by the Supreme Electoral Tribunal under the administration of former President Zelaya Rosales, was preceded by the primary elections in which all legally registered political parties chose their candidates to the National Congress, Municipalities, and the Presidency of the Republic, a process monitored by international observers—including those from the Organization of American States (OAS)—who noted the transparency and success thereof.

I am at pains to draw your attention to the fact that Article 51 of the Constitution of Honduras defines the Supreme Electoral Tribunal as an autonomous and independent entity responsible for the convocation, organization, direction, and supervision of electoral processes. Elections are neither called nor supervised by the executive branch; rather they are presided over by the Supreme Electoral Tribunal in the framework of the autonomy that the Constitution accords it.

I wish to point out that the November 2009 elections in Honduras were not a consequence of the political crisis that arose in the wake of June 28. This electoral process was legally scheduled as part of Honduras’ ongoing democratic system that began in 1980, when the country enjoyed a felicitous return to democracy and citizen participation in its leadership.

Jose Miguel Insulza Secretary General of the Organization of American States (OAS) Washington, D.C. The mandate of the Honduran people was overwhelming and President Lobo Sosa was elected with the highest number of votes in the country’s history. Never before has a president received as many votes as President Lobo Sosa did in the elections of November 2009.

Having been appointed president, and in spite of the political cost which that represented, the government of Honduras has decided–not as an obligation but as the result of a deep-seated conviction–to continue to comply with each of the undertakings given in the Tegucigalpa-San Jose Accord, with the assurance that its represents a path toward social peace, unity and reconciliation for the country.

Excellency, I should underline the fact that upon winning the elections, President Lobo Sosa, despite having no obligation, told the world that as president he would embrace the commitments and recommendations set out in the Accord signed by former presidents Zelaya Rosales and Micheletti Bain on October 30, 2009. The foregoing is not the upshot of a legal mandate or duty, nor even of a political undertaking; the decision to implement the Tegucigalpa-San Jose Accord is the result of a personal conviction as premier of a desire for real change, peace, reconciliation, and a new beginning for Honduran society.

Thus, since taking office, President Mr. Lobo Sosa has succeeded in setting the following initiatives in motion:

1. The issuance by the National Congress of a political amnesty, which, though not provided for in the Tegucigalpa-San Jose Accord, was regarded as a mechanism to encourage reunification;

2. The organization of a Government of National Integration in which three of the presidential candidates from the five legally registered political parties represented in the November 2009 general elections have a part. I should note, for your information, that this Government of National Integration also includes officials from the government of former President Zelaya Rosales and other individuals who steadfastly stood by him in all his endeavors, including Marvin Ponce, deputy for the Democratic Unification Party, as Deputy Speaker of the National Congress; Cesar Ham, President of the Democratic Unification Party, currently Minister-Director of the National Agrarian Institute; and Jorge Arturo Reina Idiaquez, Ambassador to the United Nations under the government of President Zelaya, and who President Lobo Sosa has appointed Roving Ambassador attached to the Ministry of Foreign Affairs.

3. The creation and installation of a Truth Commission, which formally took up its duties on May 4 last and is composed of highly prestigious individuals from Honduras and other countries, who shall have complete freedom of action over the coming eight months before presenting a report to the nation with recommendations designed to prevent a repetition of the events that occurred in the country on June 28, 2009.

4. The creation of an office with ministerial rank to implement a government policy on human rights as a measure in addition to the efforts to protect and advance these rights in Honduras. The strengthening of the human rights ombudsman, increasing its budget and investigation capacity, as well as inviting the participation of nongovernmental agencies involved in human rights in the country. Reference should also be made to the assistance requested from the Governments of Spain, Colombia, and the United States, in order to contribute to investigation procedures in pending cases for which Honduras must answer to the relevant human rights bodies at the regional and international level. Observance of human rights is a fundamental concern for this government.

5. Parliamentary approval and presidential sanction of the Law on a Vision for the Country and a National Plan, which lays the groundwork for development in Honduras over the next 28 years. Never before in its history has the country had a long-range plan that addresses the expectations of the nation by setting national objectives, priority goals, strategic guidelines, and progress indicators, in parallel with the creation of the Technical Secretariat for Planning and External Cooperation as the body responsible for follow-up on this long-term national vision for the future.

6. The creation of different forums to allow permanent civil society participation, together with the declaration of citizen participation as a core tenet of governance for the Government of Honduras.

7. Observance of fair-trial guarantees for those who were indicted for the alleged commission of political and related crimes, as well as the application thereto of the provisions of the Amnesty Law. The most widely publicized instance of this is the decision adopted by the judge presiding over the prosecution of Rebeca Patricia Santos, former Minister of Finance under the administration of President Zelaya Rosales, who has been granted an amnesty. Just as Rebeca Santos has, many of the former officials of the Zelaya Rosales administration who faced civil suits and criminal charges have returned to the country and received the full protection of the law in order to stand trial under Honduran Justice. Not one of them is in prison and all are answering the charges against them under the benefit of precautionary and non-custodial measures. Others have been tried and acquitted.

The Government of Honduras has made significant strides in the process of national unity and reconciliation and will continue to regard as its responsibility the need to pursue efforts toward peace, stability, and reunification of the Honduran family.

On the international plane, more than 90% of our diplomatic relations have been normalized and, at this writing, a very substantial portion of multilateral cooperation agencies have also been normalizing their technical assistance and loan programs in the country. Little by little Honduras is regaining its confidence, private enterprise is retaking its rightful place as a pillar of economic development, and civil society is playing a daily growing role in the country’s development.

In spite of that, the challenges are enormous, some two-thirds of the Honduran population live in poverty and more than a third endure extreme poverty. Only 25% of our households are connected to the sewerage system. The average school attendance rate in our country remains among the lowest in Latin America, and the healthcare system is still far from meeting the expectations and needs of eight million inhabitants. International cooperation plays an important role in tackling these challenges in the country. The assistance provided by international financial agencies such as the IDB and World Bank is essential for the meeting the basic needs of millions of Hondurans. The solidarity of the international community is necessary in this process, and we are convinced that any interruption in assistance to Honduras, even where it impairs the administrative capacity of the government, has a stronger impact on the aspirations and dreams of those who for a long time have yearned to improve their standard of living. I feel I must insist that we cannot continue to make decisions that hurt those who had least to do with the crisis and who, alas, have borne the brunt of the consequences.

There have been positive developments at the international level, such as the attendance of President Porfirio Lobo Sosa at the EU-Central America Summit and the signing of the Association Agreement between the two regions. That instrument was signed on an equal footing by all the member states of the European Union and Central America, in full exercise of their sovereignty, bearing in mind its importance and relevance for Honduras now and in the future.

Honduras has responded with tangible acts to the confidence and support shown by tens of nations around the world who have regarded the elections of November and the decisions adopted to date by President Lobo Sosa as the means to ensure democracy, peace, and development in a nation that aspires to continued progress.

Hondurans yearn for their sister nations to whom they have been bound by ties of friendship for decades and which have not yet normalized their relations with Honduras to recognize the efforts of a government that is struggling with all its might for the country’s progress, which it conceives on the basis of peace and unity, reconciliation and justice, poverty alleviation and equity; progress built on democracy.

Excellency, the government of President Porfirio Lobo Sosa will persevere with its efforts to reconcile the Honduran family as mandated by the people of Honduras at the ballot boxes, and on the foreign front, acting with responsibility and pragmatism, it will maintain, develop and strengthen ties of democratic solidarity with all the friendly governments that allow their relations with Honduras to be governed by the purposes and principles enshrined in the United Nations Charter.

Excellency, I avail myself of the opportunity to renew the assurances of my highest and most distinguished consideration.

Mario Canahuati Government Minister Progress in policy and human rights commitments in Honduras

The political events in Honduras of June 28, 2009, which led to the change of government whereby Roberto Micheletti Bain replaced Josè Manuel Zelaya Rosales as President of the Republic, resulted in the Guaymuras Dialogue or Tegucigalpa-San Jose Accord, the purpose of which was nationwide reconciliation and the strengthening of democracy in the country.

The commitments generated by the Guaymuras Dialogue and formalized in the Tegucigalpa- San Jose Accord included the following:

a. Formation of a government of unity and national reconciliation b. Creation of the Verification Commission c. Creation of the Truth Commission.

Once the elections in Honduras had been successfully and transparently completed, supported by the high number of voters that made it the electoral process with the largest turnout in the country’s democratic history, the new government went on to take office in January of this year under the presidency of Porfirio Lobo Sosa, who, in keeping with the undertakings given in the Tegucigalpa-San Jose Accord, formed a cabinet with representatives of the various political sectors and social groups in the country. Thus, a “Government of Unity and National Reconciliation” was formed, which has gradually been recognized by the international community and multinational organizations.

The new government has also honored the commitment to ensure the creation and operation of a Verification Commission and a Truth Commission, the former having completed its activities on December 12, 2009, which confirms compliance with each of the commitments adopted in the Tegucigalpa-San Jose Accord.

The issue of human rights is of vital importance and interest for the current administration and it has implemented and responded to the requests from different international agencies and nongovernmental organizations concerned with human rights.

President Lobo Sosa recently dispatched two letters to international human rights agencies: one to the Organization of American States (OAS-IACHR) and the other to the Human Rights Council and the Office of the United Nations High Commissioner for Human Rights. The purpose of these letters was to invite these important organizations to visit Honduras as often as necessary with the permanent and unconditional support of his government; he also invited the OHCHR to set up an office in Honduras.

An Interagency Commission is working permanently to provide an immediate response to the various requests and precautionary measures issued by the Inter-American Commission on Human Rights (IACHR) and to provide the information sought by the Office of the UN High Commissioner for Human Rights.

To date, consensus has been reached on a total of 190 precautionary measures and justice operators are working on the review of the rest of these measures in order to assess progress and respond to any requests for their suspension from the IACHR in those cases where there are no longer necessary. The response capacity of the Interagency Commission is under review and, where necessary, will be enhanced and improved as far as logistical support and funding is concerned.

The Human Rights Technical Unit was created in order to expedite the state response to requests from the Inter-American Commission on Human Rights and other international or domestic organizations and entities.

A Human Rights Investigative Unit was set up in the Office of the Attorney General in order to support and move forward investigations in cases of human rights violations.

Particular attention is being given to investigations where killings of journalists are concerned. Support has been received from friendly countries to strengthen the investigative process and, as a result, most of these cases are at the final investigation stage; in others the process has concluded and they have been referred to the Office of the Attorney General for indictment.

It is important to note that the executive branch, through the Ministry of Security, presented to the national Congress a detailed report describing the progress in the investigations into the deaths of the journalists killed. However, this report is being kept confidential so as not to impair the investigations in these cases.

President Porfirio Lobo Sosa has created a new position within the executive branch, namely that of Advisory Minister on Human Rights, to which the lawyer Ana Pineda has been appointed. Its purpose is to investigate human rights violations under a plan of action on which the government is currently working, without prejudice to the authority of other human rights agencies.

It has being considered advisable to have in place a body to oversee state observance of human rights. Accordingly, the Human Rights Observatory has been created with the specific purpose of contributing to the documentation, monitoring and disclosure of human rights violations as a result of the political crisis in the country.

The importance that the Honduran government attaches to the issue of human rights is reflected in the National Plan, which is the touchstone of the planning process for economic, social and political development.

The National Plan contains the following guiding principles on development: a focus on the individual and their equitable and comprehensive development; respect for the dignity of the human person; liberty as part of individual development; gender equity; respect for preservation of the culture and customs of ethnic groups, and other significant human rights precepts that are already part of the identity of the Honduran state and future generations. The Situation in Honduras

May 17, 2010

1. Article 51 of the Constitution of Honduras provides that “For all matters related to electoral acts and procedures there shall be an autonomous and independent Supreme Electoral Tribunal, which shall have legal personality as well as jurisdiction and authority throughout the Republic. Its organization and operations shall be established by the Constitution and the Law, which shall also determine all matters pertaining to the other electoral agencies.”

2. On May 15, 2008, during the presidency of Manuel Zelaya and in accordance with the Honduran Elections Law, the Supreme Electoral Tribunal, an autonomous and independent body, called primary elections in which the Liberal and National parties registered lists of candidates owing to the fact that they had more than one internal movement. These primaries were held on November 30, 2008, in a process monitored, observed, and qualified by the OAS.

3. Elections are held in two stages. In the first each political party holds its own elections to choose the citizens who will stand for the posts to be filled by popular ballot. The second consists of the general elections, which start with the registration of the candidates proposed by political parties as well as independent candidacies. This process has occurred in accordance with the Constitution every four years since 1980 without interruption.

4. President Porfirio Lobo Sosa was the winner in the National Party’s internal elections and emerged victorious from the general elections held on November 29, 2009. The process was extensively observed by international organizations and independent international observers, and enjoyed the highest-ever turnout of Honduran citizens at the polls.

5. The general elections were also called under the Zelaya administration, on May 28, 2009. What matters is that they were called not by the Zelaya government but by the Supreme Electoral Tribunal, a constitutionally recognized body, the specific functions of which are to organize, direct, and supervise elections in Honduras.

6. It was in the internal elections in 2008 that Porfirio Lobo was chosen as the presidential candidate for the National Party of Honduras, the opposition party at the time.

7. As a member of an opposition party and as a presidential candidate, during his campaign President Lobo said that the events of June 2009 had no bearing on the legitimacy of the elections already called.

8. On November 29, 2009, the Honduran people went to the polls in unprecedented numbers to reward Lobo with the clearest mandate in the history of Honduras. The seal of legitimacy is given by the people, not diplomatic relations.

9. During the Guaymuras process, which was an internal negotiation effort in which representatives of Manuel Zelaya and Roberto Micheletti voluntarily took part, the parties signed agreements which were welcomed by the international community as Honduran process to settle a domestic problem in accordance with Honduran law.

10. President Lobo was present at the inaugural ceremony of the Guaymuras process on October 30, 2009, which was attended by more than 11 foreign ministers as well as a large number of OAS and UN officials.

11. The Guaymuras Accord, accepted by Manuel Zelaya and Roberto Micheletti, offers unconditional support to the electoral process convened and underway at the time of its signing.

12. Not having been involved in the negotiations, President Lobo adopted no commitment under the Tegucigalpa-San Jose Accord, either as an individual or as a candidate.

13. However, upon winning the elections, without any obligation he announced to the world that as president he would embrace the commitments and recommendations set out in the Accord. Not only that: he instituted measures for which no provision was made.

14. Thus, since taking office as president, Mr. Lobo has successfully implemented, inter alia, the following initiatives:

a. The issuance by the National Congress of a political amnesty which was not provided for in the Tegucigalpa-San Jose Accord.

b. The granting of a safe-conduct to Mr. Zelaya Rosales who had been sheltered in the Brazilian embassy for four months since his return to Honduras.

c. The organization of a government of unity and national reconciliation composed of all five legally constituted political parties and representatives of all the political sectors in the country.

d. The creation and installation of the Truth Commission, which formally took up its functions on May 4 of this year and acts independently in accordance with the agreed terms of reference.

e. The creation of an office with ministerial rank to pursue a government policy on human rights as an additional measure in the efforts to protect and advance those rights.

f. The creation of a National Forum for permanent civil society participation.

15. The Government has made significant strides in implementing the agreements and is not subject to any interdiction or tutelage on the part of the international community.

16. It is for the international community to express its will and comply with the agreements reached in the Guaymuras Dialogue by revoking those measures and penalties that in any way impair the full participation and reincorporation of the Republic of Honduras. 17. Honduras has suffered unwarranted isolation from the point of view of international law; the government of Honduras continues to be the object of discrimination from certain governments.

18. In the Central American arena the unlawful and unjustified treatment accorded to Honduras by a certain other state has paralyzed the regional integration process. Honduras is the pretext, not the problem.

19. Honduras hopes to consolidate the normalization of its relations with the sister countries with which it has historically enjoyed close ties of friendship and cooperation, based on the principles of sovereign equality, mutual respect, and reciprocal benefit.

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