Archive for the ‘corruption in Honduras’ Category

Behind the label: how the US stitched up the Honduras garment industry

Photograph: Vasiliki/Getty/Guardian Design

Among the manifold complexities of the global supply chain, a simple principle holds: corporations will always go where their costs – and their responsibilities – can be kept to an absolute minimum

by Sofi ThanhauserTue 25 Jan 2022 06.00 GMT

‘It’s like a little Puerto Rico – we’re basically run by the US,” said Allan, as we drove around San Pedro Sula, the second largest city in Honduras and the country’s largest manufacturing centre one day. “Here there is more ‘freedom’,” he added, doing air quotes. Allan had spent most of his adult life working as a production manager for companies such as Gildan and Hanes, making socks and underwear for American bargain shoppers. All of this garment manufacture now takes place behind the gates of Honduras’s export processing zones.

https://www.theguardian.com/news/2022/jan/25/behind-the-label-how-the-us-stitched-up-the-honduras-garment-industry

When export processing zones (EPZs) proliferated in the 1980s and 90s, their boosters claimed that the employment opportunities inside them would lift up local economies. Allan’s story showed the holes in that argument. After all, he wasn’t just a low-paid garment worker: he was management. He had done everything right. And now, he said, he was moving to Canada.

Allan got a good start: privately educated, he graduated in industrial engineering and got his first job in 2010 at Gildan, as a process engineer. He made and maintained a manual of all the production processes, trained the workers and audited the production floor. After 10 months, he moved to product development. He went to work at Hanes, and for Kattan Group, a manufacturer for companies including Nike. Then he hit a pay ceiling when he was earning $700 (£520) a month.

When Allan spoke on the phone to his wife, who had gone ahead of him to Ontario to start her studies at a Canadian university, they compared grocery prices. Often, he said, items such as grapes cost less in Canada. That $700 a month salary didn’t go far in Honduras, he said, where his family of three typically spent $70-$85 a week on groceries, “and that’s just for what you need”.

He said it was difficult to imagine how the textile and garment workers who he used to manage, managed. Workers were paid between $263 and $465 a month. Many of these workers have three to four kids. The only other job his college degree could get him in Honduras, Allan said, was in a call centre, but that paid $500 a month at most. 

In scouring the globe for cheap labour, US clothing brands are not merely opportunistic, they are also sometimes actively parasitic. Honduras is a case study: one in which US corporations and the US state department have worked together for decades to bring cheap garments to American consumers, framing job creation as a blessing for the Honduran economy while simultaneously engaging in political interventions that keep Honduran citizens poor.

The story of Honduras’s emergence as a garment exporter began in the 80s, when Ronald Reagan moved to confront what he saw as a rising threat to US interests – a communist drift in the Caribbean Basin. His two-pronged strategy was to consolidate US military hegemony over the region, and to encourage the growth of export processing. He launched the Caribbean Basin Initiative (CBI), which granted military aid and one-way duty-free access to the US market for a designated range of products.

US garment and textile interests sensed an opportunity. In the early 80s, many US garment producers were struggling to compete with cheap imports from Asia. The Caribbean Basin offered companies cheap labour and geographical proximity – a manufacturing annexe where they could make goods at more competitive prices. US textile firms, meanwhile, saw that garment factories in the region could be a market for their cloth at a time when struggling US garment manufacturers were buying less and less. Asian garment manufacturers certainly weren’t going to buy American textiles when they had such a vast textile industry in their own back yard.

In 1984, the year the CBI first went into effect, US textile corporations, apparel firms, importers and retailers began lobbying to loosen import quotas and reduce tariffs in the Caribbean Basin. They added an important caveat: if US markets were to be thrown open to clothing sewn in the Caribbean Basin, they had to be made with US cloth. The result of these lobbying efforts was the 1986 Special Access Program (SAP), which allowed clothes made of US fabric and sewn in the Caribbean Basin to enter the US with low or no tariffs.

Reagan implemented SAP unilaterally and it went into effect in 1987. Under this programme, apparel exports to the US assembled in the Caribbean more than doubled in four years, from $1.1bn in 1987 to $2.4bn in 1991. “The Caribbean,” declared Forbes magazine in 1990, “is becoming America’s garment district.”


The Special Access Program for apparel enticed investment by making export to the US easier, and supplied funding for the development of local infrastructure. Offshore production in low-wage areas demands more than cheap labour. It requires water supply, transport, telecommunications, tax holidays, rental subsidies and training grants. EPZs in the CBI countries offered all these features, sponsored by the World Bank, the International Monetary Fund and United States Agency for International Development (USAid). USAid had been in existence since the early post-second world war period, funding programmes to support the infrastructure and social programmes of developing countries. Under Reagan, it began to move money through business promotion organisations rather than recipient governments

In some places, local garment manufacturers were thriving before the CBI ruined them. One of the first Caribbean leaders to enthusiastically embrace the logic and the opportunity of Reagan’s initiative was Jamaica’s prime minister Edward Seaga. Seaga undertook to transform his country into a garment exporter. In his first three years, US assistance amounted to $500m, compared to $56m in the last three years of the previous government. Jamaica became the second-largest per capita recipient of American aid. Loans from USAid, the Inter-American Development Bank, and commercial banks moved cash into the country, along with multilateral aid.

In the ensuing years, the Jamaican garment industry was transformed. Small and medium-sized local enterprises gave way to a group of large-scale firms, most of which were foreign-owned, and almost entirely export-oriented. In 1980, 85% of the clothing worn by Jamaicans came from domestic manufacturers. The industry exported only about a quarter of its products and most firms were Jamaican-owned. In 1992, by contrast, just 15% of the domestic market was supplied by the local industry. Upward of 97% of apparel exports were produced in free zones, and Jamaican ownership had fallen off precipitously. Jamaica became one of the most indebted nations in the world.

The story of Jamaica’s rapid rise as a garment assembler for the US was to be repeated throughout the basin. The so-called Three Jaguars – El Salvador, Honduras and Guatemala – surpassed Jamaica in the sheer quantity of clothing they exported to the US. Exports from El Salvador rose by 3,800% between 1985 and 1994. At the same time, the real wages of workers were slashed. In 1998, a garment worker in the EPZ made an average of 56 cents an hour, or $4.50 a day, which was nowhere near enough to provide for a family’s basic needs.

Practically all the major American clothing retailers had arrangements in the region. The list of those found operating in El Salvador, Honduras and Guatemala under the CBI included Walmart, Kmart, Saks Fifth Avenue, Calvin Klein, Christian Dior, Victoria’s Secret and Gap. Using anonymous subcontracting arrangements, these companies distanced themselves from some of the most exploitative working conditions in the Americas.

Asian factories in Central America and the Caribbean were notorious for brutal labour practices and anti-union tactics. A cross-border campaign in 1995 against Mandarin International, a Taiwanese-owned plant in the San Marcos Free Trade Zone in El Salvador, uncovered stories of abuse involving the employment of minors, death threats, physical violence, forced overtime, starvation wages and mass firings of workers who joined unions. Mandarin subcontracted for a number of US companies including JCPenney and J Crew. Asian companies gained a reputation for brutality, but they were operating on behalf of American retailers. In the words of sociologist Cecilia Green: “The most successful and ‘advanced’ fractions of capital do not appear to get their hands dirty.”


When I visited Honduras in 2019, Allan and I drove out to visit the garment factories in Choloma. I had requested access but had received no reply. On a recent reporting trip to Vietnam, I’d had no trouble gaining access to an EPZ by introducing myself as an interested investor. In Honduras, the act hadn’t worked. The reason no one returned my emails, I learned, was that Honduran EPZs and factories weren’t looking for outside investment. In Honduras, these zones are commonly owned and operated by the same small group that runs manufacturing facilities. They rent space in EPZs to themselves through a web of alias companies.

Shut out of the zones themselves, we took in the perimeter. Labourers were clearing out of work at one of the EPZs owned by Grupo Lovable as Allan and I drove down a side road, past guards with big guns and a wall topped with razor wire. A metal gate swung open to let out a truck. One couple came out of the factory gates, leaving together on a motorcycle. Three girls stopped to chat with a friend who owned a stall. There were a few women who looked older, but for the most part these workers appeared to be teenagers. 

The day before, Allan and I had driven to a squatter encampment by a riverbank on San Pedro Sula’s northern edge. Chickens pecked while milling about, and a kid climbed a pile of trash. Many of the people here work as house cleaners, Allan said. A lucky few get jobs in the EPZ. At another settlement of squatters by the nearly dried-up Río Blanco, a cow wandered the riverbed, while women with plastic bowls went down to the water.

The riverbank was lined with shanties made from panels of corrugated metal and castoff plywood stitched together. A few more durable cinder-block structures were scattered among them. Settlements like this have become an uncertain refuge for thousands of Hondurans pushed off their lands in recent years, such as those evicted from their farms when businessman Miguel Facussé acquired a 9,000-hectare palm oil plantation in the Aguán through a series of purchases from farmer cooperatives. Local people say these “purchases” were made through intimidation and coercion.

When the river rises, which happens increasingly often as tropical storms grow in intensity, Allan said, the people living on its bank lose everything. The smell of burning plastic hung in the air. Allan pointed to the cable that the community uses to siphon electricity from the grid.

Honduran president Manuel Zelaya in San Pedro Sula in 2007.

Honduran president Manuel Zelaya in San Pedro Sula in 2007.Photograph: Yuri Cortéz/AFP/Getty

The CBI didn’t create wealth for workers but, in Honduras, it did lead to the rise of a class of oligarchs who would exert a powerful right-leaning force on the nation’s politics. Many of Honduras’s elite families rose up in the 1980s on the business enabled by the Caribbean Basin Initiative. They made their wealth from the foreign investment that flowed through the garment export processing sector. So when the Honduran government attempted to improve conditions for workers, these elites were the people who had the most to lose, and they intervened.

Former Honduran president Manuel Zelaya was a member of one of the two traditional conservative parties that ruled Honduras for decades. Those parties ruled on behalf of a handful of oligarchic families who controlled, along with the US and transnational corporations, the vast majority of the Honduran economy. Zelaya was elected in 2006, and espoused progressive positions. He supported a 50% increase of the minimum wage and urged the government to restore the land rights of small farmers. He blocked attempts to privatise the publicly owned ports, education system and electricity grid. As a result, wealthy business owners who had backed Zelaya during his election withdrew their support, and his power began to slip.

In April 2009, Zelaya announced he was asking voters to decide on a constitutional question about expanding democratic rights for traditionally disfranchised groups including indigenous peoples, women and small farmers. On the eve of the June vote, the military refused to distribute the ballots.

At 5.30am on 28 June 2009, in the first successful Latin American coup in two decades, the Honduran military, acting on behalf of the oligarchs, deposed Zelaya, installing in his place Roberto Micheletti. Amid international outcry, and as Hondurans flooded the streets in protest, the Obama administration moved quickly to stabilise the situation, helping the new regime buy time until an already scheduled election in November could take place. That election was fraudulent – opposing candidates withdrew from the race. The US, however, quickly recognised the results and congratulated the new president, Porfirio Lobo, on his victory.

Honduras had long held strategic importance to the US. In the 80s, the US had used Soto Cano airbase at Palmerola, operated jointly with the Honduran government, in the contra war against the leftwing Sandinista government of Nicaragua. Soto Cano, staffed by 600 US troops, retained strategic significance for US military interests in Latin America and continues as a base today.

If the desire to keep Soto Cano was one factor that motivated the Obama administration to protect the coup, the blandishments of the Honduran business community, its garment and textile industry in particular, was another. Weeks after Zelaya’s ousting, in July 2009, Lanny Davis was on Capitol Hill, testifying against Zelaya before the House foreign relations committee. Davis had been hired by those responsible for overthrowing Zelaya. “My clients represent the CEAL, the [Honduras chapter of the] Business Council of Latin America,” Davis told a journalist. “I do not represent the government … I’m proud to represent businessmen who are committed to the rule of law.”

Juan Canahuati, who has been identified by the Honduran sociologist and economist Leticia Salomón as one of the main intellectual authors of the coup, was from one of Honduras’s largest garment manufacturing clans. The Canahuatis own Grupo Lovable, which owns three EPZs in Choloma and makes products for Costco, Hanes, Russell Athletic, Foot Locker, JCPenney and Sara Lee. It is one of the largest industrial groups in Central America. In 2010, another member of the Canahuati clan, Mario, was President Lobo’s foreign minister, even while he remained the director of Grupo Lovable. Jacobo Kattan, president of the Kattan Group, is another of the oligarchs named by Salomón as one of the brains behind the coup. The pro-business oligarchy was eager to keep US aid dollars flowing in, and it seemed the feeling was mutual.


Honduras first appeared on my radar in 2012. I noticed that the tag on my brother’s college hoodie read “Made in Honduras”. On the same day, I read an article in the New York Times that reported four Afro-Indigenous Honduran civilians, two of them pregnant women, had been mistakenly shot and killed by state department helicopters carrying Honduran security forces and US advisers. Four more were injured. How could our ordinary sweatshirts, I wondered, be made in places so apparently chaotic that innocent women were mistaken for drug traffickers and shot from helicopters? But this was flawed thinking. The violence in Honduras is a direct consequence of the export processing industry. One necessitates the other. EPZs provide islands of security and infrastructure to companies so they can avail themselves of advantageous labour rates. Meanwhile, average citizens struggle to find safety or security, and extralegal violence is sponsored by the police. The EPZ is an extraction unit, just like the sugar plantations or bauxite mines that came before it.

The office of the Honduran Manufacturers Association is located on the eighth floor of the Altia tower, inside the Altia “Smart City”, a gated enclave of San Pedro Sula just around a bend in the highway from a squatter settlement on the Río Blanco. The glittering glass tower forms a marked contrast to the appearance of the rest of the city. Inside the tower are call centres rented out to businesses by the owner, Yusuf Amdani, the president of Grupo Karims, a major presence in textiles and real estate in Honduras. A young Honduran like Allan could spend his entire life within Amdani’s suzerainty. Indeed, Allan almost had.

A textile factory in San Pedro Sula, Honduras, in 2005.

A textile factory in San Pedro Sula, Honduras, in 2005.Photograph: Reuters/Alamy

Amdami owns Unitec, Allan’s alma mater, which gives a discount to students who work in the call centres of the tower he also owns. Students and call centre workers on their lunch break can shop at Altera, a mall within the smart city, also owned by Amdani. When they graduate, they can find full-time work at the call centres, or in one of his many manufacturing facilities in Choloma. There, his holdings include spinning mills, fabric plants and garment factories. Past the Altia tower, Yusuf Amdani’s own house is easily recognisable from a distance because it is built higher up in the hills than any other structure in the city.

The day after Allan and I visited the EPZ, I stopped at the tower on my way to the major port in Puerto Cortés. With the help of my interpreter, Gustavo, I asked for a meeting with the manager of the Honduran Manufacturers Association. We waited in the conference room, where portraits of President Juan Orlando Hernández and first lady Ana García Carías hung on the wall beside a hash of flags and a wooden ship’s steering wheel. The manager came to meet us there. Alfredo Alvarado, a product of a powerful family and an expensive private school, took this job after working at Gildan, where he oversaw quality control. I understood suddenly Allan’s sense that without the right connections, he could not expect to rise any further in Honduras.

This port received goods from EPZs all over Honduras. Almost all of it, Alvarado said, went to the US. He was about my age, holding two phones in his hands. A busy man.

We chatted about the main imports – Texas cotton shipped from Houston, grain, fuel and textile machinery. The port is open 24 hours a day, he said. It’s three days by ship from here to Port Everglades, Florida, or to Houston or Miami.

I asked about the protesters who had been in the streets since April, following proposed laws to gut public health and education provision. Earlier that week, they had made a barrier of burning tyres on the bridge in Choloma, blocking access to the port. Yes, he said, shaking his head, like a wounded lover. “And not everybody wants to take the risk of trying to ship into this port when there are protests going on. That,” he said, looking at me with earnest eyes, “that’s like terrorism.”


As recently as 1997, more than 40% of all apparel bought in the US had been produced domestically. In 2012, it was less than 3%. The liberalisation of trade and the elimination of quotas to control the flow of garments around the globe eliminated all impediments to buyers, leaving them free to source from whatever country gives them the best price. After the last quotas were lifted in 2005, countries competed on price alone. Honduras is doing well as an exporter under this new paradigm simply because its workers are desperate.

As clothes get cheaper, people buy more. In 1984, 6.2% of the average household’s expenditure was on clothing; in 2011 it was 2.8%. Increasing wealth inequality and the abundance of cheap clothes have gone hand in hand.

The global supply chain that brings us our clothing can seem intimidatingly complex. But what if it isn’t? Clothing brands farm out the making of goods to whoever in the world can do it most cheaply, and then divorce themselves in the eyes of customers from the facts on the ground. That’s pretty simple. The complexity only comes in when brands really need it to: to prove how many layers removed they are from the human lives being touched – sometimes lost – as a direct result of their purchase orders.

A worker at the site of a collapsed garment factory building near Dhaka, Bangladesh, in 2013.

A worker at the site of a collapsed garment factory building near Dhaka, Bangladesh, in 2013. Photograph: Ismail Ferdous/AP

Western brands have come to prefer a model for ethical commitment, commonly enshrined in the Corporate Responsibility Code or the code of conduct. These codes proliferated in the early 2000s as a PR response to the revelations of labour abuse overseas. But studies conducted by sociologists on the ground suggest these codes make no fundamental difference to the way big retailers go about purchasing goods, or in the way contractors and subcontractors go about making them.

The effectiveness of such codes is demonstrated as follows: in Bangladesh, 256 factory fires occurred in the apparel industry between 1990 and 2012, resulting in the deaths of 1,300 workers and hundreds more injuries. In a study conducted of the six largest fires during these years, researchers found that in all cases “exits were blocked, firefighting equipment was deficient or absent and training was non- existent or minimal”. In every case, the companies sourcing from the factories were major European and North American brands. Each of these brands had codes of conduct with “specific references to safety standards and expectations of compliance among their contractors”. Clearly, these codes do little to protect workers.

This became spectacularly clear on 24 April 2013, at Dhaka’s Rana Plaza, a complex that produced garments for Bon Marché, Primark, Carrefour, Benetton, Walmart and many other major brands. That morning, a government engineer warned workers gathered outside the building that visible cracks in support columns showed that the building was not safe. Still, managers insisted that labourers enter the building to work. Virtually every brand and retailer that sourced from the complex administered their own code of conduct. The building had been built without full permits and floors had been added on top beyond original permissions. At 8.45am, as the workday began, the building collapsed. More than 1,100 workers were killed, and more than 2,500 were injured.

After the collapse, momentum was great enough to lead to the Accord on Fire and Building Safety in May 2013, currently signed by more than 150 global brands and retailers, by the powerful Bangladesh Garment Manufacturers and Exporters Association, and by two international union federations, IndustriALL and UNI. The accord rejected the voluntary code of conduct model and demanded, rather, that all signatories sign contracts that ensured joint financial responsibility between Bangladeshi manufacturers and the global brands and retailers that use them. These were legally binding obligations; their enforcement could take place in the court of the home country of the signatory party.

Although American retailers represent 22% of Bangladesh’s apparel export market, all of its biggest firms refused to join the accord. Gap, Walmart and at least 15 other companies that source products in Bangladesh instead established a rival Alliance for Bangladesh 

Worker Safety. The most important feature of the American “Alliance” is that it legally liberates American brands from ever being held accountable.

At El Sapo Enamorado, a working-class tourist spot on the beach in Puerto Cortés, my interpreter, Gustavo, and I had lunch, and I watched a container ship make its slow transit across the horizon. It was headed towards Houston, bearing its many tons of T-shirts and underwear, clean and ironed, their origins sealed up tightly as the containers. When it arrived, and the merchandise was unloaded, it would carry no visible signs of the country, or the history they are so entangled in.

 This article was amended on 26 January 2022. The major port and El Sapo Enamorado are in Puerto Cortés, not in San Pedro Sula or “Porto Sula” as stated respectively in an earlier version.

This is an edited extract from Worn: A People’s History of Clothing by Sofi Thanhauser, published by Allen Lane on 27 January and available at guardianbookshop.co.uk

Legal reflections on the political crisis in the national congress
FEBRUARY 3, 2022
By: Joaquín A. Mejía Rivera* and Ana A. Pineda H

From Legitimacy of Origin to Legitimacy of Exercise
Article 1 of the Constitution states that Honduras is a state governed by the rule of law. According to the UN Secretary-General’s Report on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, the rule of law can be defined as a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are subject to laws that are publicly promulgated, equally enforced and independently adjudicated, and are consistent with international human rights norms and standards. It also requires that measures be taken to ensure respect for the principles of the rule of law, equality before the law, separation of powers, participation in decision-making, legality, non-arbitrariness, and procedural and legal transparency.
In the same vein, the Constitutional Chamber of the Supreme Court of Justice establishes in its SCO-623-2013 ruling of 22 November 2016, that every rule of law aims to achieve the general welfare of its inhabitants, which are enshrined throughout the Constitution of the Republic as human and fundamental rights, with a series of formal and material guarantees, enshrining the division of powers and the principles of legitimacy and legality. These are all aimed at achieving the consolidation of peace and universal democracy.
From the previous sentence, it is important to highlight the principles of legality and legitimacy as essential aspects of the rule of law, as they prevent the omnipotence or tyranny of majorities, in the words of the French sociologist Alain Touraine. These two principles are what distinguish a democratic regime from a totalitarian regime such as fascism, Nazism or Stalinism, which enjoyed, at least at some point, the support of the majorities.
The horrors perpetrated by these regimes have taught us that the will of the majorities alone is not enough to guarantee a democratic system, since, as Luis Ferrajoli points out, “democracy does not consist in any way in the despotism of the majority”, for if it did, the Nazi (Holocaust) and Stalinist (Gulag) concentration camps could be classified as democratic only because both regimes enjoyed parliamentary majorities and, consequently, legitimacy of origin.
In this sense, legality ensures that the decision is the result of the will of the majority, and legitimacy ensures that the content of the majority’s decision does not violate the higher values contained in the constitution of the republic, including democracy itself, human rights, human dignity and the rule of law.
Therefore, following Max Weber, the 128 deputies of the National Congress enjoy indisputable legitimacy of origin, since their mandate comes from the manifestation of the principle of popular sovereignty expressed in the will of the majorities through free and authentic elections. However, as the jurist Romel Vargas points out, this mandate is not a blank cheque that the sovereign has granted from the ballot box to be exercised as it pleases or against the interests of its voters in particular and society in general.
Therefore, this legitimacy is not sufficient, nor can it be invoked by the deputies to exercise power and authority arbitrarily, but rather a legitimacy of exercise is required in the sense that their acts are based on the expression of the citizenry and do not violate human dignity and rights or run counter to the other higher values enshrined in the Constitution and to the conditions necessary to guarantee the validity of legal acts.
2. Legality and legitimacy as elements of the validity of legal actsIn the light of Article 1 of the Constitution, in a democratic society legality and legitimacy are two sides of the same coin, and in a true rule of law it implies two aspects:
That the requirements on the way in which legal acts are carried out and produced must be fulfilled in order to be considered existing (legality).That the requirements regarding their content, that is, their effects or meanings, must be met in order for them to be considered valid and, therefore, effective (legitimacy).Therefore, according to Luis Prieto Sanchís, for a legal act to be legally valid and effective, it must comply with certain conditions of form (formal) and certain conditions of content (material). The formal conditions have to do, firstly, with who carried out the act of creation, i.e. the requirement that it was carried out by the body competent to produce it; and, secondly, with how it was produced, i.e. the requirement that the established procedure was observed.
The formal conditions seek to ensure that legal acts cannot be manifested in any manner, but only in the manner prescribed by the legal system. In order to establish a formal defect, it is therefore only necessary to look at the body which produced the normative act and the procedure it followed.
In this sense, the Constitution of the Republic and the Organic Law of the Judiciary provide that with the concurrence of at least five deputies, the provisional board of directors will be organised, which will be presided over by the Secretary of State in the Offices of Governance, Justice and Decentralisation (art. 194 of the Constitution and 4 of the Organic Law of the Legislative Power). It is public knowledge that this Secretary of State failed to comply with the parliamentary techniques that make the act legal, in terms of verifying the quorum prior to the start of the session – even though it is obvious. Then, in accordance with the rules for debating draft decrees and motions, he announced the agenda for the day (election of the provisional board of directors), and then received the proposed motions, read them out in full and submitted them for debate in the order in which they were to be debated.
This space is extremely important, as it allows the deputies to freely express their opinions on the subject of the motion and allows the deputy making the motion to defend or clarify his or her proposal, and then to continue with the act of voting with half plus one of those present and to end with the solemn act of swearing in, and not in the midst of non-conformity and disorder. These formal conditions of the act of installation of the provisional board of directors were not observed, generating a serious defect in the object and form, which obviously entails legal consequences that affect the perfection of the act, both in its validity and its effectiveness, preventing the subsistence or execution of the act.
The material conditions, on the other hand, relate to how the legal acts created must be and how they must be justified, i.e. what they can prohibit, command or permit. In order to check a material defect, an interpretation is needed to determine whether or not the legal act in question contradicts the values contained in the Constitution of the Republic. Bearing in mind that representative democracy, popular sovereignty and the rule of law are essential principles of our constitutional framework, it can be concluded that these are violated by the legal effects of the act by which the provisional board of directors was elected.
If this original act does not meet the conditions of validity and effectiveness analysed above, the other acts arising from it are also vitiated by nullity. In this regard, it can be said that, in principle, the act of convening the session to elect the board of directors in ownership continued with the defects of nullity, when having been convened at a certain time and at the headquarters of the National Congress, the convened session is not attended and a new convocation is extended a few minutes before it is held and in a distant place, which makes it an impossible act. Given the seriousness of this flaw, another provisional board of directors was formed, which also failed to comply with the procedure, but which has been exercising legislative functions with an apparent higher level of legitimacy, that is, the support of an important sector of the citizenry, and of the president of the Republic, relieving any flaw derived from the original act. However, this should not be the rule in a genuine rule of law.
3. ConclusionThe crisis in the National Congress goes beyond the legal sphere and should be resolved through democratic dialogue, that is, dialogue that seeks to transform existing conflictive relations into concrete solutions in order to avoid major crises that undermine the rule of law, the general interests of society and the democracy to which they are beholden. The crisis of power in the National Congress is a reflection of how diverse society is in political and ideological terms, and this requires building a solid framework of permanent consensus within this branch of government for the design of the legislative agenda.
The 128 deputies have genuine democratic legitimacy, but this does not imply that they can exercise power outside or above the law and the Constitution. If this were the case, it would be a distorted conception of representative democracy and a mockery of the principle of popular sovereignty. A true rule of law has a Constitution that is respected and complied with, which is achieved by “strengthening genuine democracy, the effective protection of fundamental rights, respect for the principle of legality, control of administrative activity and an authentic division of powers”. Only in this way is it possible to “maintain the order and social peace that the human person yearns for, as the supreme goal of society and the State”, as stated by the Constitutional Chamber in the aforementioned SCO-623-2013 ruling.
The way out of this institutional crisis is to understand that the general welfare and human dignity should be the guiding principle of the national political class, and that democracy is not only a political system, but also a system of values on which the actions of those who exercise public power and a mandate of representation are based.
* Researcher at ERIC-SJ and deputy coordinator of the EJDH.
* University lecturer and researcher.

Honduras in legislative crisis ahead of inauguration

MGBy Marlon GonzálezThe Associated PressTue., Jan. 25, 2022
https://www.thestar.com/news/world/americas/2022/01/25/honduras-in-legislative-crisis-ahead-of-inauguration.html

TEGUCIGALPA, Honduras (AP) — Just two days from inaugurating its next president, Honduras was mired Tuesday in a legislative crisis bordering on the absurd.

Early in the morning, when the new Congress was scheduled to open its first session, rival congressional leadership teams convened two simultaneous, competing sessions.

One, loyal to President-elect Xiomara Castro, convened inside the National Congress chamber. The other, led by breakaway members of her own party, was carried out virtually, with the support of the party of outgoing President Juan Orlando Hernández and another opposition party.

The political schism has the potential to make it almost impossible for Castro to govern.

That would seem to be the primary objective for some of those involved. Hernández’s presentation of the results of his administration to the rebellious congressional leaders Tuesday bolstered the suspicions of many who see the situation as a move to spike Castro’s government before it even starts.

Hernández’s interior minister presided over the initial meeting of the new Congress Friday and didn’t allow Castro’s party to propose its formal choice for congressional president. Instead, 20 breakaway members of Castro’s party proposed someone else and chaos ensued.

“It is a major, major distraction,” a former U.S. ambassador to Honduras, Lisa Kubiske, said Tuesday in a talk hosted by the Atlantic Council. “It makes people wonder who’s in charge. It raises questions about to what extent is the government committed to rule of law and to separation of powers.”

She said the United States sees a tremendous opportunity in the region with Castro’s government. The Biden administration has not been getting on well with the governments in neighboring El Salvador and Guatemala, so a friendly administration in Tegucigalpa would be welcome in the region.

Vice President Kamala Harris is leading the U.S. delegation to Castro’s inauguration Thursday.

On Tuesday, the competing congressional presidents — Luis Redondo and Jorge Cálix — appeared set to carry forward leading parallel legislatures, despite questions about the legitimacy of both.

Political analyst and former Honduran lawmaker Efraín Díaz Arrivillaga saw the standoff as an effort to weaken the legislative branch and divide Castro’s Liberty and Refoundation Party, better known as Libre.

“Behind all of this is not only the National Party and Liberal Party, but also part of the important economic powers of Honduras that have benefitted under previous governments,” Díaz said.

Díaz suggested that a solution might be to choose a third person to preside over the Congress.

“What has to be guaranteed is a minimal governability so that Xiomara (Castro) can drive her plan of government,” he said.

__

AP writer Christopher Sherman in Mexico City contributed to this report

The US military trained him. Then he helped murder Berta Cáceres

US Military Academy graduating cadets march to their graduation ceremony in West Point.

US Military Academy graduating cadets march to their graduation ceremony in West Point. Photograph: Eduardo Muñoz/AP

The indigenous activist was opposing the construction of a dam being constructed by Roberto David Castillo’s company
Chiara EisnerTue 21 Dec 2021
https://www.theguardian.com/global-development/2021/dec/21/the-us-military-trained-him-then-he-helped-berta-caceres

Last modified on Wed 29 Dec 2021 13.43 GMT

When Roberto David Castillo graduated from the US Military Academy at West Point, the Honduran cadet was confident he’d leave behind a legacy.

“He will be remembered by all as being a fearless leader committed to God, his family and serving others,” read the caption under his yearbook portrait.

Castillo’s graduation photo. A part of the caption says he spent a lot of time “working in circuits, coding and doing research”.

Castillo’s graduation photo. A part of the caption says he spent a lot of time “working in circuits, coding and doing research”. Photograph: West Point

Castillo is certain to be remembered: earlier this year, the Honduran high court found him guilty as the joint perpetrator in the 2016 assassination of the indigenous activist Berta Cáceres, then one of Latin America’s most prominent environmental defenders.

Cáceres was killed by a team of hitmen after years of death threats linked to her opposition of the 22-megawatt Agua Zarca dam, approved by the government without permission from the local indigenous people.

Castillo was the president of the company building the dam and the court concluded that he had used his military training to stalk her for years, while secretly helping coordinate the assassination.Berta Cáceres court papers show murder suspects’ links to US-trained elite troopsRead more

Some of that training came from West Point, where Castillo studied from 2000-2004.

A Guardian investigation reveals how Castillo’s time at the prestigious military academy helped shape his career – and raises questions about the training provided by the institution to generations of Central American soldiers, some of whom later became involved with human rights abuses.

Xiomara Castro’s recent victory in presidential elections has raised hopes for ending a culture of impunity in Honduras. But Castillo has yet to be sentenced for his crime, and West Point has yet to publicly acknowledge the conviction of its alumnus.

Castillo was one of a handful of international students in his class at West Point. Travis Dent, a former roommate, remembers Castillo as a jovial and helpful friend. “I joke with him still that I failed English and he passed, because he was a very, very smart student when it came to the books,” Dent said. “We knew him just as another cadet.”

Roberto David Castillo escorted by penitentiary police to hear the verdict by the Honduras supreme court for murder of Berta Cáceres.

Roberto David Castillo escorted by penitentiary police to hear the verdict by the Honduras supreme court for murder of Berta Cáceres. Photograph: Elmer Martinez/AP

At West Point, Castillo studied the fundamentals of war, tactics and weaponry, later concentrating on electrical and computer engineering. But when international cadets return to serve in their home nations’ military, they benefit from more than just the academy’s training.

“It gives them institutional and social bragging rights,” said Martin Andersen, a former professor at the US National Defense University. And it can help them make powerful friends.

After graduating from the academy, Castillo returned to Honduras in 2006 to join the armed forces as a second lieutenant. His career illustrates what soldiers with connections can do in nations like Honduras, which has become notorious for its murder rate, state-sponsored violence and political impunity.

Castillo quickly became involved with the government-owned power company, first when the armed forces militarized it in 2007, then working with the company in 2008 once it had been taken over by the army.

Activists and supporters of Berta Cáceres stand outside the Honduran supreme court. The trial began five years after her murder.

Activists and supporters of Berta Cáceres stand outside the Honduran supreme court. The trial began five years after her murder. Photograph: Elmer Martinez/AP

While there, he joined the commission that negotiated contracts for Honduran hydroelectric projects with a subsidiary of Odebrecht S.A. The Brazilian conglomerate was later found guilty in the largest foreign bribery case in history after it paid hundreds of millions of dollars in bribes to government officials around the world.

By then, Castillo started a business that was caught selling equipment to the army at inflated prices. (He was later ordered to pay the government back.)

And when Castillo founded the energy company, Desa, in 2009, he again broke the rules, Honduran anti-corruption prosecutors argued in a separate case. Associates allegedly started it on his behalf while he continued to work for the government entity that approved the contract to purchase electricity from the future Agua Zarca hydroelectric dam.

“He got swept up into a power structure – and that’s the military in Honduras.” said Jackie McVicar, a human rights consultant who helped draw up a 2019 report on corruption in the Honduran energy industry.

When Desa began working on the dam, Castillo crossed paths with Cáceres.

Berta Caceres at the banks of the Gualcarque River in the Rio Blanco region of western Honduras.

Behind the brutal murder of an environment crusader

As she rallied protestors and lobbied international groups to withdraw their backing for the project, Cáceres was spied on, tracked and threatened. According to her daughter Bertita Zúñiga Cáceres, Castillo played a central role in the harassment, constantly sending her text messages to remind Cáceres that he knew exactly where she was.

By 2016, the mother of four was dead.

“He used his military skills to order her murder – and not just to kill her, but to persecute her,” said Brigitte Gynther, a human rights advocate who worked with Cáceres.

But after Castillo was arrested two years later, his former West Point roommate rallied the class in his defense. Dent lobbied the US ambassador to Honduras and contacted colleagues working for lawmakers and federal agencies.

“The vast majority of the entire class and everyone we talked to was up to help,” Dent said.

That Castillo had support from an influential US network was not an accident. West Point’s International Cadet Program “was established as a foreign policy tool to provide a means for the United States government to improve relations and to foster stability with friendly nations”, said a 1997 report in the academy archives.

And Central American cadets have been outsized fixtures of the program since it began in 1889. Since then, almost a fifth of the more than 500 international graduates have come from the seven small Central American countries.

US taxpayers have covered some or all of international students’ costs – an expense that should be viewed as an investment – the author of the 1997 report argued. After being exposed to US democratic ideals, he posited, they would spread those principles at home.

Similar arguments were made in support of the “School of the Americas”, a US Army program founded in 1946 to train Latin American soldiers – more than a hundred of whom have been accused of human rights abuse at home. Among them were two of the other seven men convicted in 2019 of participating in Cáceres’s murder.

“US-trained military figures have caused immeasurable destruction and death in Central America over the past several decades and continue to do so today,” said Gynther, now a coordinator at School of the Americas Watch.

Central American migrants hesitate as others climb the Mexico-US border fence in an attempt to cross to San Diego county, in Playas de Tijuana, Baja California state, Mexico.

Fleeing a hell the US helped create: why Central Americans journey north

Castillo is not the first example of a West Point graduate who failed to live up to the international program’s lofty ideals. After graduating from the academy in 1946, Anastasio Somoza Jr returned to Nicaragua where he became head of the national guard, then president and was accused of repeated human rights violations and the deaths of thousands. His son, Julio, was accepted by the academy in 1977, at the height of the regime’s war against Sandinista rebels.

In a recent presentation, West Point’s admissions team included Somoza in a list of “prominent international graduates” – with no mention of his career as a despot.

More Central Americans may have lived up to the ideals the program envisioned. But since the US army redacted the names of most previous international graduates on a list released to the Guardian and declined say how many former cadets have been accused of crimes, its effectiveness is difficult to measure.

West Point declined a request for an interview, referring the Guardian to the state department, which the academy said is involved in choosing which countries may send cadets to the academy. The state department referred a request for an interview to the Department of Defense, which referred the reporter back to the state department.

“This is a public institution that should be publicly accountable for what it does,” said Beth Stephens, a professor of international law and foreign relations at Rutgers Law School, adding that the onus should be on West point to demonstrate the program doesn’t lead to human rights abuses abroad.

As the US government protects West Point’s international program from scrutiny, Honduran leaders continue to be linked to undemocratic actions and illicit activity.

One human rights expert said: ‘This … reinforces calls that the US must withdraw military aid from Honduras where there’s been a bloodbath since the 2009 coup.’

Berta Cáceres’s name was on Honduran military hitlist, says former soldier

Juan Orlando Hernández became the country’s president five years after a Honduran graduate of the School of the Americas led a military coup in 2009. This year, the president – under whose rule hundreds of thousands of citizens have emigrated to escape poverty, violence and corruption – was identified by US federal prosecutors as allegedly taking bribes from drug traffickers and using the country’s armed forces to protect a cocaine laboratory. Hernández has repeatedly denied any ties to drug cartels.

Though shielded until now by a US policy of not charging sitting presidents, Hernández could be indicted as soon as Castro replaces him in January.

But Honduran cadets have kept training at West Point. One entered the academy in 2016, the year of Cáceres’s murder.

The Flame of Opposition in Honduras

As Honduras deals with the fallout of political scandals surrounding President Juan Orlando Hernández, ousted former president Manuel Zelaya and his LIBRE party mount their opposition.

September 5, 2019

Military police at a student protest in June (Photo by Seth Berry)

Military police at a student protest in June (Photo by Seth Berry)


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Manuel Zelaya, Honduras’s ousted ex-President, eased into the couch in the headquarters for his LIBRE party and laid out the opposition’s mounting insurrection.

This summer marked 10 years since Zelaya was overthrown in a U.S.-backed military coup. The decade since has transformed Honduras, exacerbating the Central American nation’s preexisting social problems by turning it into one of the poorest, most violent places in the hemisphere. Since the coup, a junta of right-wing, billionaire drug traffickers has slipped into political power—including President Juan Orlando Hernández, who U.S. prosecutors recently accused of complicity in a drug money scheme to illegally fund his 2013 presidential campaign.

“Ever since 2009, when they got rid of me,” Zelaya said, “an authoritarian military regime was installed that centralized power, sacked the [government’s] institutions and indebted the country to remain in power. The regime only represents the interests of transnational corporations. And as long as [Hernández] serves them, the United States is going to continue supporting him, regardless of the accusations.”

On August 9, Zelaya and his left-opposition LIBRE party organized a demonstration in Tegucigalpa’s Parque Central to demand the immediate resignation of Juan Orlando Hernández (or “JOH,” as he’s commonly known).  But the battle LIBRE waged this summer wasn’t only in the streets. It’s also in the National Congress, through a proposed “electoral reform” designed to fix a democracy many believe has been corrupted beyond repair.

“The electoral reform is an instrument for elections,” Zelaya said. “And because the [current] regime refuses to do it, we’re going on in an insurrection, which is a peaceful but active protest, in the streets and the Congress.”

The electoral reform consists of the creation of two main bodies, the Tribunal Electoral Justice and the National Electoral Council. Carrying 44 representatives from each main party, they would oversee the next election cycle. This could potentially augur radical change in the electoral processes in Honduras, as the two proposed bodies would entirely replace the TSE (Tribunal Suprema Electoral, or Supreme Electoral Tribunal), the judicial body which became notorious for legitimizing the fraudulent elections in 2013 and 2017.

For many members of the opposition, the hope for a democratic defeat of JOH is juxtaposed with the cynicism the last 10 years have corrupted Honduran democracy beyond the point of repair.

“The truth is that no state institution is functioning as it should—none. Not even the Congress in which we work. Because it’s corrupted, because narcotraffickers have penetrated the majority of state institutions,” said Lenín Laínez, a congressman for LIBRE. “The legislative insurrection that we’re waging in the national congress is precisely for that.”

Zelaya and LIBRE compose only one part of a wide-ranging, fractured opposition movement though. That opposition remains divided over their post-JOH vision for the country. Opposition leaders like Zelaya have also faced criticisms for being mere manipulators of electoral politics rather than consistent fighters for social justice. Even so, one thing unites the opposition: The country can no longer wait for the 2020 election to get rid of the president.

Ousted president Manuel Zelaya (Photo by Seth Berry)

Ousted president Manuel Zelaya (Photo by Seth Berry)

The Battle Against Privatization

For many Hondurans, the boiling point after ten years of “narco-dictatorship” came with Hernández’s latest proposal for privatizations.

In late April, Hernández announced a sweeping plan to privatize Honduras’s public health and education systems, while the government simultaneously agreed to a $311 million loan from the International Monetary Fund (IMF).

Rage accumulated over years of frustration with Hernández’s governance transformed the anger over privatization plans into an all-out demand for the president’s resignation. Health workers took to the streets alongside teachers to protest the proposal, where they were joined by a broad range of students and environmental, LGBTQ+, and Indigenous rights activists. The protests came just years after a $300 million corruption scandal in the dilapidated public health system took thousands to the streets for weeks in 2015 to demand JOH’s resignation. The president admitted millions in embezzled funds benefited his 2013 electoral campaign. Teachers, meanwhile, have long been on the front lines of post-coup resistance, holding the line against creeping privatization.

“This attempt to privatize health and education was received with enormous resistance,” said José Carlos Cárdona, a leader of the human rights group Jóvenes Contra el Fraude and a history professor at the National Autonomous University of Honduras (UNAH).

Cárdona believes that the attempted privatizations came after years of deliberately underfunding hospitals and schools in order to sell the idea that they’d function better if only they were turned into profit machines.

“But the people don’t believe that,” he said. “So all of the doctors declared themselves to be in rebellion against the government.”

Protests soon turned ugly. Night after night, massive crowds of protesters burned tires throughout Tegucigalpa, shouting Fuera JOH! (Get out JOH), and drawing the ire of security forces, who responded by raining down barrages of teargas on them—or occasionally, live bullets. On June 21, President Hernández dispatched the military throughout the country to crack down on protests.  On June 24, the military invaded the UNAH and opened fire on students, injuring eight.

“It was a day you couldn’t forget,” said Dorian Alvarez, a sociology student and activist at the UNAH. “The entire university was protesting, basically. There were several confrontations between the police and students in which the police broke inside. And once they got in, they started shooting the students.”

“I was leaving class when they started shooting at us,” said Wendy García, another student activist at UNAH. “There were completely innocent people who had nothing to do with what was going on outside.”

For poor students such as García, the privatizations would all but preclude them from being able to study. “To be able to study is extremely costly,” she said. “I’m one of the few people from my village who was able to go to the university, but none of us would be able to come if the public university were privatized.”

“Our role now,” said Alvarez, “is to protect the university from the claw of the neoliberal system trying to eat it up.”

Student protests in the name of defending public education against creeping fees and undemocratic university decision-making processes have been bubbling at UNAH for years.

The violent crackdowns on protest weren’t limited to Tegucigalpa. Anabell Melgar, a student activist and member of Frente Nacional de Juventudes en Resistencia (National Front of Youth in Resistance), had been approaching a protest on the afternoon of June 12 in La Esperanza, Intibucá, the mountainous western city where Berta Cáceres, the world-renowned environmentalist, was assassinated. Sensing that teargas would soon be fired at at the protest ahead of her, Melgar stayed back—only to be captured and beaten by four police officers.

“One took me by the hair,” she said. “Another, my arms. Another came with a club, and beat me in the legs. Another had a teargas canister. He set it off, and put it against my face. He burned me; burned my face.”

Student protests in August (Photo by Seth Berry)

Student protests in August (Photo by Seth Berry)

When she was finally able to escape after a senior officer forced the other four to let her go, Melgar got away and hid in a nearby house, where she watched as several hidden patrols of police ambushed a crowd of students as they fled from the initial demonstration, opening fire on them.

“They were able to escape and run,” she said. “But the five patrols caught them afterwards. Not just with teargas. They shot at them with live ammunition.”

Violent crackdowns have become characteristic of the JOH regime. At least 33 were killed by security forces in protests in the weeks of violence following the December 2017 electoral fraud. And many worry as protesters have faced increasingly bloody crackdowns with the creation of special military police units, such as the notorious Policía Militar del Órden Público (Military Police for Public Order, PMOP) in 2013, which was accused of killing protesters in 2017 and 2018. The creation of such special forces—including the U.S.-trained, SWAT-style TIGRES in 2013—exacerbates the human rights situation in a country where the military has patrolled the streets for years and has been accused of death squad activity against anti-government protestors.

“Military policemen are ex-members of the national army. The government created a special course to be able to call them military ‘police,’ and then dispatch them to maintain ‘public order,’” said Mario Argeñal, a leader in COPEMH, Honduras’ largest union, as well as LIBRE. He has been involved in anti-government protests in the 10 years since the coup. “It’s a disguise. It’s the military in the streets. It’s a highly militarized society.”

The Electoral Reform

Honduran democracy, some would say, is already doomed to failure.

But recognizing that doesn’t prevent people like Lenín Laínez, a 24-year-old representative for the LIBRE party, from believing that the best—and the only—way to fight the regime is by working through the corrupted system itself.

Laínez is one of LIBRE’s two diputados for the Intibucá department—the other is Bertha Zúñiga Cáceres, daughter of the murdered environmentalist. He is also the youngest member of Honduras’s National Congress, and speaks glowingly of the electoral reform. He holds faith that the peaceful route of elections and electoral reform can oust JOH. But that faith seems overwhelmed by bitterness over the depth of government corruption. It’s the reason, he says, so many have taken to the streets in often, volcanic displays of anger.

Protests in June (Photo by Seth Berry)

Protests in June (Photo by Seth Berry)

The latest blow came in November and December 2017, when JOH’S conservative Partido Nacionál (National Party) was widely suspected of stealing an election they’d already lost.

For people like Laínez, JOH’s fraudulent 2017 reelection stung particularly deep, not only because a democratic opening was lost, but because it was the latest in a succession of similarly corrupted elections. The opposition alleges JOH already stole the 2013 election from inaugural LIBRE candidate Xiomara Castro, wife of Manuel Zelaya. Salvador Nasrallah, the 2017 candidate for the opposition coalition between LIBRE and other smaller forces, also ran against in 2013 and alleged at the time JOH’s win was illegitimate.

“To participate in an electoral system without transparency is to certify the dictatorship,” said Argeñal of the need for electoral reform.

But he has his doubts about such reform efforts in the first place: He believes that as long as they work within the existing system, they’re still assenting to a regime that has rigged the democracy to its own advantage. For Argeñal, those doubts don’t come from nowhere. Criminal groups with suspected ties to the JOH administration assassinated his brother in 2013 after the electoral fraud took place.

LIBRE has been advocating electoral reform since before the 2017 vote, and European Union election observers have also stressed the need for reforms.

Laínez explained the proposal one evening in Santa Ana, Lainez’s rural home village in the state of Intibucá, watching the moon rise over the nearby mountains of El Salvador. The post-coup regime’s neglect of rural areas is palpable in Santa Ana. Its people are so impoverished that nearly half have left to the U.S. Potholes scar the road so deeply they’re nearly impassable. Now, Salvadoran gangmembers from MS-13—who began crossing the border in 2016 to escape their own government—have occupied several empty houses, killing three villagers in 2018, according to Laínez.

The place is haunted by a revolutionary past: only 10 yards from El Salvador, older residents remember when Salvadoran guerrillas used to pass through the village in the 1980s, ingratiating a mythology of armed struggle into the community. Yet despite revolutionary violence’s perverse allure as a tool for social change, Laínez adamantly rejects the notion of repeating that past.

“Any form of struggle, for us, is good as long as it doesn’t entail violence,” he said. “Any form of struggle. But principally, our objective is to take power through the path of peaceful elections.”

Even so, he’s well aware of the potentially bloody price they’ll have to pay should they fail in that endeavor.

“We’re conscious that if there aren’t electoral reforms, that if the electoral system isn’t cleaned up,” he said, “the next elections will come, and there will be a crisis even uglier than the one we had in 2017. More deaths. More repression.”

On the Verge of Collapse

If fixing Honduran democracy through electoral reform seemed useful after this summer’s protests, it became imperative—or, depending on who you ask, even more futile—after a damning report was released on August 3.

That day, a 44-page document from a U.S. district court seemed to confirm what Hondurans had known intuitively for years: Juan Orlando Hernández had colluded with cartels to illegally secure the 2013 presidential election. No longer could the graffiti scrawled throughout countless Tegucigalpa slums—Fuera, Narco-dictador! (Get out, Narco-dictator!)—be written off as mere hyperbole.

The summer’s second major wave of protests overtook the streets following the revelations, demanding once more that the president resign. And on August 15, 124 out of the 128 seats in the National Congress voted for the “Special Law for the Selection and Appointment of Electoral Authorities and Attributions,” which would stipulate the election of 44 representatives from each party to monitor election processes in 2020. The first major step towards completing a substantial electoral reform, after eight months of deliberations, was completed.

As of August 30, no further progress had yet been made.

“It’s divided between different sectors,” Zelaya said of the opposition to Hernández. “[But] we’re all united in that we want the regime to leave. We want the regime out. We’re telling the regime to get out. Fuera JOH. We’re all united in that 100 percent.”

Student protests (Photo by Héctor Edú)

Student protests (Photo by Héctor Edú)

“We can’t call it a dictatorship per se,” said a UNAH student, who asked to remain anonymous for safety reasons, of JOH’s legacy. “But we can call it an authoritarian government…You can see how this is all boiling to a tipping point—how Juan Orlando created a military police; how he’s giving unprecedented power to the military.”

After a few days, the flurry of international press coverage the revelations died off. Media analyst John McEvoy wrote how, because their government is a client regime carrying out neoliberal policies favorable to U.S. companies, Honduran victims are seen as “unworthy victims” in the eyes of mainstream media, as compared to victims of regimes that don’t heel to U.S. interests, such as those in Venezuela. Press coverage was capped with an article in Foreign Policy, which proclaimed that even JOH’s unlikely ouster or extradition wouldn’t change the entrenched problems exacerbated by the violent, post-coup decade. The headline was as straightforward as it was bleak: “Hondurans have little cause for hope.”

Soon after the revelations, with media attention drifting elsewhere, protests against JOH fizzled out with no changes in government; the country had returned to business as usual. Nancy Pelosi visited Honduras on an August 10 state visit, making statements about governance whose perfunctory mildness—“You cannot have security unless you end corruption,” she said—wildly understated the enormity of the accusations against Hernández. Hernández himself visited the Organization of American States in Washington D.C., where he discussed “good practices and technical support in the fight against illegal drug trafficking.”

For Zelaya, any chance of ousting Hernández depends on the fractured opposition’s ability to develop organizational skills greater than those of Hernández’s ruling National Party. “The political future for Honduras depends on the majority of its people’s capacity for political organization,” he said. “The elites are well-organized. The corruption is well-organized. The narcotraffickers are well-organized.”

But Hondurans are well aware of the implications of failing to oust Hernández. Human rights leader Jose Carlos Cárdona believes that, should nothing change, Honduras is on the precipice of a catastrophe unlike any the country has yet experienced.

“You don’t know how these assholes screwed everything,” he said, only a few yards from where the military police opened fire on students at the UNAH. “The level of extreme poverty in Honduras is at four million people…the country is on the verge of collapse. We’re going to collapse at any time. We just need a little flame. And then everything goes to hell.”


Jared Olson is a Pulitzer Center grantee, writer and freelance journalist whose work focuses on the struggle for justice in Central America. He is currently a senior at Flagler College in St. Augustine, Florida, studying international relations and journalism. He can be reached at Jolson455@flagler.edu or at jaredolson.org.

Jesuit Community of Honduras speaks out about the situation in the country

 

National Apostolic Council

Institutions of the Society of Jesus (Jesuits) of Honduras

 “Blessed are you when people hate you, when they expel you and insult  you, and come to call you delinquents on account of the Son of Man” (Lucas 6, 22).

Given the critical situation and deterioration suffered by the Honduran population and the loss of legitimacy that the various institutions of the State now experience, the apostolic works entrusted to the Jesuits of Honduras, now express our concern:

 

1.- We deplore the serious social and political crisis experienced by the Honduran population as a result of the historic violation of fundamental rights, the deterioration of the rule of law, and as a result of the erratic and corrupt practices of politicians and decision-makers in the public administration. 2.- We stand in solidarity with the victims of systematic repression by the various armed and security forces in their mandate to repress the social protests led by various sectors of the population demanding justice, respect for their fundamental rights that are violated, and to reject the government policies of concessions and privatizations of common goods and public services. This indiscriminate repression has left dozens of people injured and the murder of some citizens, including: Luis Antonio Maldonado; Erick Francisco Peralta and the teenager Eblin Noel Corea. We extend our sympathy in solidarity to their families and our commitment coming from our faith to remain faithful to the search for justice. 3.- We warn, call attention to and denounce the high risk to which the Honduran population are exposed when they take to the streets to exercise their right to peaceful protest when the National Council for Defense and Security, under the command of Mr. Juan Orlando Hernández, authorizes and sends the military and police forces to indiscriminately repress the protests of a population that demands justice, respect for the rule of law and the constitutionality of the country. This was most evident in the violation of university autonomy, when a squadron of the military police broke into the University City facilities, leaving at least four students injured … 4.- There has been a propaganda campaign filled with lies and manipulation to discredit defenders of human and environmental rights. The elaboration of profiles of people identified as leaders of the protests has the intention to criminalizing them and sets the context to justify repressive actions and judicial procedures against these profiled persons. The list of profiles includes Fr. Ismael Moreno (Melo), director of the Reflection, Research and Communication Team and Radio Progreso (ERIC-RP); and Leonel George and Juan López, delegates of the Word of God of the San Isidro Labrador de Tocoa Parish, who are falsely accused of leading an armed gang that confront the  police and other accusations that only seek to discredit their struggle for social justice, and to create conditions that would justify actions against them.

 

5.- We highlight and subscribe to the last message of the Episcopal Conference of Honduras (CEH), based on an analysis, reflection and prayer concerning the roots and consequences of the current crisis in Honduras. Any effort to “correct the path of Honduras” must go through the “rescue of ethical values” and overcome the “moral decadence in which the country is falling.”  The country yearns for a just society in solidarity with just laws, “in accordance with the dignity of the human person and seeking the common good”. The country must be able to dialogue when it has the confidence in the institutionality of the state, with a healthy political ethic and the truth as a search and starting point. It cannot be a society that militarizes security and state institutions.

 

6.- We fully adopt the call of the Episcopal Conference of Honduras (CEH)  “We want to make a call to the whole society so that, from the reality in which each person and each group lives, we consider the need to join the search for ways to solve these problems in Honduras. This can come through accords, agreements, reforms, platforms, a plebiscite or a referendum, or citizens’ initiative laws, etc. Let us become aware that a change is possible to improve this reality and the commitment to achieve it in solidarity.”

 

Consejo Nacional Apostólico

Obras de la Compañía de Jesús en Honduras

 

National Apostolic Council

Institutions of the Society of Jesus (Jesuits) of Honduras

 

June 26, 2019

10 years after the coup in Honduras, the US must reevaluate its policy

 
 
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Ten years ago, on June 28, 2009, a general trained at the U.S. Army School of the Americas arrived with troops at the home of the president of Honduras, Manuel Zelaya, and forced him at gunpoint onto a plane bound for Costa Rica. An interim president was appointed by his political opponents who was quickly legitimized by United States.

The United States has continued to support successive administrations in Honduras, even though elections have been biased by vote buying, fraud, and assassinations. The United States sends the Honduran military and police aid even though these security forces have been ordered to beat and shoot non-violent protesters and there are credible allegations of death squads formed to assassinate journalists and citizens working for social change. One of these citizens was the well-known environmental activist Berta Cáceres. No one is held accountable for these crimes.

The 10 years since the coup have resulted in increasing poverty, privatization of social goods keeping services out of the reach of the poor, violence from both drug cartels and state security forces against Honduran citizens, human and civil rights violations, corruption, and a dramatic increase of refugee migration fleeing the country, many to the United States. Almost 70 percent of Hondurans live in poverty, and Honduras now has the most uneven wealth distribution in Latin America. A narco-government has been consolidated around President Juan Orlando Hernández, who has appointed a national police chief and national security chief with cartel ties. The president himself and his sister have been investigated by the U.S. Drug Enforcement Agency for large-scale drug trafficking and money laundering, and his brother and other officials involved in the coup have been jailed in the U.S. awaiting trial for the same charges. Still, U.S. government support for the Hernández administration continues.

Since late April, widespread and ongoing protests by doctors, nurses, and teachers against the privatization of education and medical services have been taking place in Honduras. President Hernández has ordered his security forces to attack the protestors; some have refused to do so. Does the United States really want to continue to support a leader such as this?

Under the circumstances, it is shameful that our government continues to send aid to this corrupt and illegally-elected government in Honduras. The security aid in particular is being used to lift up a dictatorial president who abuses power and implicates our country in the human rights abuses of his regime. It is high time for my colleagues in the House to co-sponsor H.R. 1945, the Berta Cáceres Human Rights in Honduras Act, which would cut off U.S. aid to the Honduran military and police until such time as their human rights violations cease and impunity ends for the crimes they have committed.

Schakowsky represents Illinois 9th District and is a member of Tom Lantos Human Rights Commission.

‘They put a gun to my head,’ says Honduran mother

 
Elquin Castillo is seen near Casa Betania Santa Martha June 29, 2019, in Salto de Agua, Mexico. (CNS photo/David Agren)

TENOSIQUE, Mexico (CNS) — Maribel — a Garifuna woman from Honduras and mother of six children, ages 6 months to 16 years — only wanted to work.

She baked coconut bread and sold it the streets of San Pedro Sula, Honduras, until a gang started demanding a cut — roughly 20 percent of her earnings. After threats and violence and futile attempts at negotiating with the gang, she fell behind in her payments. Gangsters eventually showed up at her daughter’s school to send a message of intimidation, forcing Maribel and her family to flee the country.

“I was being pursued,” she said from a shelter run by the Franciscans in southern Mexico. “I’m scared they’re going to come looking for me here,” she added, noting that gang members were now threatening her sister in Honduras and asking about her whereabouts.

Maribel’s plight highlights the despair and desperation of many migrants, who flee violence, poverty and, increasingly, drought and the early effects of climate change in Central America.

Mexico has sent members of its National Guard to stop migrants at its southern border, and stories of overcrowding and unsanitary conditions in U.S. and Mexican migration detention centers have surfaced.

U.S. President Donald Trump — who threated Mexico with tariffs on its exports if migration was not stopped — has praised Mexico for its increased enforcement, telling reporters July 1: “Mexico is doing a lot right now. They have almost 20,000 soldiers between the two borders. … And the numbers are way down for the last week.”

But the migrants streaming out of Central America seem undeterred due to deteriorating conditions at home.

Few migrants grasp the geopolitics at play, focusing instead on seeking safety or escaping hunger at home. Staff at shelters in southern Mexico say the flow of migrants has remained high.

At La 72, the shelter in Tenosique, director Ramon Marquez reported receiving more than 10,000 guests so far in 2019, putting them on pace to break the record of 14,300 migrants welcomed in 2013.

Militarization, however, forces migrants to take paths less traveled to avoid police and soldiers, and this puts them more at risk, say shelter directors.

“Migrants don’t come here because they want to. Migrants leave their country because they don’t have any other alternative,” said Franciscan Sister Diana Munoz Alba, a human rights lawyer and a member of the Franciscan Missionaries of Mary who works at a migrant shelter in Chiapas. “(There’s) a paradox of risking their lives to save their lives, and this militarization (of Mexico) is not going to stop migration.”

Maribel, whose name was changed for security reasons, fell victim to criminals shortly after crossing into Mexico from Guatemala in late May. Three hooded assailants spotted her and her family walking along a rural road and robbed them of their meager possessions.

“They threw us face down … the kids face down. They were scared, crying,” she recalled.

Maribel said she had never thought much about migrating, despite the difficulties of life in the Atlantida department on the Honduras’ Atlantic Coast — an area populated by Afro-Hondurans, who have been abandoning the country in droves.

“I can’t go back to Honduras. These gangs have people everywhere.”

After her husband suffered a disability in his construction job, Maribel started her own informal business, harvesting coconuts and baking coconut bread in Honduras.

She sold $60 of bread daily, but had to hand over 20 percent daily to the Calle 18 gang. There were other expenses, too, she said, such as the cost of sending her children to school, even though education is supposed to be free for children in Honduras.

In December, the gangs made greater demands, which she refused. As she worked one day, “They put a gun to my head and took all I had,” Maribel said.

She eventually stopped paying. Then the gang came looking for her 16-year-old daughter. Maribel saved her money and left Honduras with her family.

Violence has sent thousands fleeing from Honduras. But observers say other factors are driving migration, including poverty and political factors. Migrants speak of the sorry state of services such as health and education.

“That’s why we’re looking to migrate, because the economy is so bad,” said Elquin Castillo, 26, who left a fishing village with his pregnant wife, infant daughter and 20 relatives in June.

Javier Avila, 30, gave up after drought in southern Honduras wiped out his melon crop for the second consecutive season. He borrowed $82 to rent a small plot for his crop — which was lost — but could not find the funds to sow again in 2019.

“It used to be normal that it rained in the winter, but not any longer,” he said from a migrant shelter.

Maribel expressed similar pessimism over Honduras. She was hoping to receive a document to travel freely through Mexico, though she was uncertain how much longer she would have to wait.

Hondurans Are Still Fighting the US-Supported Dictatorship

Ten years after the coup, they have become the largest single Central American nationality in the refugee caravans fleeing north.

By James North

JULY 1, 2019

 

Why People Flee Honduras

Immigrants at the U.S.-Mexico border are hoping to leave behind a home devastated by poverty, gangs and crime, and widespread violence against women.

06/07/2019

Honduras

Nichole Sobecki/VII

Hundreds and sometimes thousands at a time, Honduran migrants have joined caravans of Central Americans making their way north through Mexico to seek refuge in the United States. They arrive at the southern border only to face stricter asylum rules from an administration increasingly hostile to their entry. There are a number of reasons people may choose to flee their country, and when they do, it’s not an easy endeavor. Yet, they keep coming because of what they’re hoping to leave behind.

Honduras is one of the poorest countries in Latin America. Two-thirds of its roughly 9 million people live in poverty, according to the World Bank, and in rural areas, 1 in 5 lives in extreme poverty. With a growing population, combined with high underemployment and limited job opportunities because of a largely agricultural economy, many Hondurans seek opportunity elsewhere. And many who stay are dependent on remittances.

Women sit outside their home on the hills overlooking the city of Tegucigalpa.

Women sit outside their home on the hills overlooking the city of Tegucigalpa. | Nichole Sobecki/VII

A family looks out from their home in the impoverished neighborhood of San Pedro Sula.

A family looks out from their home in the impoverished neighborhood of San Pedro Sula. | Nichole Sobecki/VII

Honduras is one of the deadliest countries in the world and has one of the highest impunity rates. According to an analysis by InSight Crime, gang membership and activity have been on the rise in the past two decades, and the associated violence has hit the country’s urban areas the hardest. Extortion by gangs has forced many to flee in search of more security. Moreover, the Honduran police are both understaffed—in the northern district of San Pedro Sula, home to nearly 230,000 people and where well-known gangs like Barrio 18 and MS-13 operate, just 50 police officers watch over its 189 neighborhoods—and plagued by corruption and abuse.

Gang grafitti and policing in Honduras.

Top, the tag for MS-13 is sprayed across a wall in La Rivera Hernandez, one of the most dangerous neighborhoods in San Pedro Sula. Bottom, police officers frisk civilians and check their ID cards on a criminal database outside a pool bar, while others search the facility, in another neighborhood in San Pedro Sula. | Nichole Sobecki/VII

Violence—particularly domestic and sexual violence—in Honduras has taken or forever changed many women’s and girls lives. Gender-based violence is the second-leading cause of death for women of reproductive age. And in a country where emergency contraception and abortion are banned, even for rape victims, survivors of sexual violence have few options if they become pregnant. They can seek to terminate the pregnancy and risk prison time, or they can go through with it and face one of the highest maternal mortality rates in Latin America. As Jill Filipovic reports for Politico Magazine, for Honduran women, economic instability and physical insecurity are intertwined, and both are exacerbated by long-standing patriarchal social norms in the country.

Various women who have been affected by gender-based or sexual violence in Honduras.

Top, Debora Castillo, 17, outside her home in Corazol. Debora lost two children during childbirth. Honduras has an infant mortality rate over three times that of the U.S. Bottom left, Heydi Garcia Giron, 34, with her children, Daniel and Andrea, in their home in Tegucigalpa. Bottom right, Ricsy (a pseudonym), 19, outside her home in Choloma. Heydi and Ricsy are the victims of domestic and sexual violence, respectively. | Nichole Sobecki/VII

The cemetery in Corazol.

The cemetery in Corazol, Honduras. | Nichole Sobecki/VII

Buses ferry workers to and from their jobs at a clothing factory in Choloma, Honduras, one of the most dangerous cities for women in the world.

Buses ferry workers to and from their jobs at a clothing factory in Choloma, one of the most dangerous cities for women in the world. | Nichole Sobecki/VII

Almost 1,000 people gathered at the bus terminal in San Pedro Sula, after news of a new migrant caravan spread in April, one of several from Central America since late last year. The migrants travel the over 3,000-mile distance to the U.S. border in large groups for safety to avoid being robbed, kidnapped or killed by gangs on the way.

Members of a migrant caravan in San Pedro Sula.

A woman and her child rest on the floor with other participants in a migrant caravan leaving Honduras. | Nichole Sobecki/VII