We, the citizens of Honduras, men and women, convinced of the need to strengthen the state of rights, our constitution, and the laws of our Republic, deepen democracy, and secure the right of peace and tranquillity for our community. We have undertaken an intense and straight forward process of political dialogue to find a peaceful and negotiated exit to the crisis that has grown in our country in the last few months.
The fruit of this dialogue, in which the cordiality, tolerance, and patriotic spirit of all of the participants has predominated. We have adopted a political accord that will allow Hondurans to return to their normal lives and will assure an appropriate climate for democratic govern ability in our country. This agreement we are sure is the path to peace, reconciliation, democracy and the urgent demands of Honduran society.
This agreement demonstrates one more time that the Hondurans are capable of successfully exercising dialogue and thanks to this, society demands, and patriotism we are able to meet these demands.
In virtue of all of the before mentioned we have agreed to the following:
1) Government of Unity and National Reconciliation
To obtain reconciliation and fortalice democracy we will form a national unity and reconciliation government of the diverse political parties and social organizations, recognized for their capacity, honorability, ability to dialogue will be those who occupy the distinct secretaries and sub secretaries of the state and other dependencies of the state in conformation with article 246 and others of the Constitution of the Republic of Honduras.
Considering that before the 28th of June, the executive power had not submitted the general budget for consideration in Congress according to what is established in article 205 sec 32 of the constitution of the Republic of Honduras, this government of unity and reconciliation will respect the budget that was recently approved by Congress for the 2009 fiscal year.
2) Renouncing a Constituent Assembly or intent to reform the Constitution in an non reformable way.
To obtain reconciliation and fortalice democracy we reiterate our respect for the Constitution and the laws of our country. We will abstain from any calls to convoke a National Constituent Assembly, by direct or indirect form. We agree to renounce from any promotion or assistance of any popular consult that has the end result of reforming the constitution in the manner of permitting the re election of the president, modifying the form of government, or of any of the unreformable articles of our Carta Magna.
In particular we will not make public declarations nor exercise any influence that is inconsistent with articles 5,239,373, and 374 of the constitution of the Republic of Honduras. We energetically reject all manifestations that are contrary to the spirit of the mentioned articles and the special law that regulates the plebiscite and referendum.
3) General Elections and the Transfer of Government
To obtain reconciliation and fortalice democracy, we reiterate that in conformity with articles 41 and 51 of the constitution of the Republic of Honduras that the vote is universal, obligatory, equal, direct, free, and secret and corresponds to the Supreme Elections Tribunal, that is completely autonomous and independent supervises and executes all that is related to the acts and electoral process.
In this same way, we realize a call to the Honduran public that they participate in a peaceful way in the next general elections and to avoid all type of manifestations that are against the elections and their result or promote insurrection, illegal conduct, civil disobedience, or other acts that could produce violent confrontations or transgressions of the law.
With the end result to demonstrate transparency and legitimacy in the electoral process we insist on the Supreme Electoral Tribunal to authorize and accredit international missions from this very moment until the declarations of the results of the general elections and the same in the process of transfer of power that will take place in conformity of article 237 of the constitution of the Republic of Honduras, the 27th of January, 2010.
4) Armed Forces and National Police
To obtain reconciliation and fortalice the democracy, we ratify or desire to obey in all extremes article 272 of the constitution of the Republic of Honduras, which says that the Armed Forces are put in disposition of the Supreme Electoral Tribunal from one month before the general elections to guarantee the free exercise of suffrage, the custody, transport, security of the electoral materials and all other aspects of the security of the process. We reaffirm the professional character, obedience, non deliberance of the Honduran Armed Forces. In the same form, we confirm that the National Police should be strictly subject to what special legislation proscribes.
5) Executive Power
To obtain national reconciliation and fortalice democracy, in the spirit of the themes proposed in the San Jose Accord, both negotiation commissions have decided respectfully, that the National Congress, as an expression of their institutional popular sovereignty, in use of their faculties, in consultation with the instances they consider pertinent, like the Supreme Court of Justice, and in conformity with the law will resolve the following in respect to return the title of the Executive power to its state before June 28th until the conclusion of the period of government on January 27, 2010.
The decision adopted by Congress should be on the bases of obtaining social peace, political tranquillity, and democratic govern ability that society demands and the country needs.
6) The Verification Commission and the Commission of Truth
To obtain reconciliation and fortalice democracy we will be subject to the creation of a commission of verification of the assumed compromises in this agreement, and those derived from it. This will be coordinated by the Organization of American States. This commission will be integrated by two members of the International community, two members of the national community, and these last will be picked by each of the two parties.
The Verification Commission shall be in charge of giving faith to the strict compliance of all of these points in the agreement and will receive complete cooperation from all Honduran public institutions.
The non compliance of any of these points contained in this agreement, proven and declared by the commission will produce an activation of methods that the commission will establish for the transgressor or the transgressors.
With the end result of clarifying acts that occurred before, during, and after June 28, 2009 a Truth Commission will identify the actual acts that conducted the situation and will propose to the public elements to avoid these acts in the future.
This commission of dialogue recommends that the next government, in agreement with national consensus constitute the Truth Commission in the first semester of 2010.
7) Normalization of Relations of the Republic of Honduras with the International Community.
With the promise to complete faithfully the compromises assumed in the present accord, we respectfully solicit the immediate revocation of measures and sanctions adopted on a bilateral, multilateral level that in whichever way affects the reinsertion and full participation of the Republic of Honduras in the International community and access to all forms of cooperation.
We make a call to the International community to reactivate as quickly as possible projects in effect of the cooperation of the Republic of Honduras and continue with the negotiation of future projects. In particular, we insist on a solicitation of competent authorities to make effective the International cooperation that is necessary and opportune for the commission of Verification and the future commission of Truth to assure their faithful compliance and the following of the compromises established in this accord.
8) Final Dispositions
All difference in application or interpretation of this agreement will be submitted to the Verification commission, which will determine in accordance with the complaint and in agreement with the Constitution of the Republic, and with legislation in force and on behalf of an authentic interpretation of the present accord, the solution will correspond.
Taking into account the present accord is product of an understanding and fraternity between Hondurans, we vehemently solicit that the International community respect the sovereignty of the Republic of Honduras, and observe completely the sacred principle in the letter of the United Nations to not interfere in internal situations of other states.
9) Calendar of Compliance of the Agreements
Giving the entrance of immediate effect of this agreement after the date of subscription and with the end result to clarify compliance times and the following of compromises acquired to obtain national reconciliation we convene the following calendar of compliance.
30th of October 2009
1. Subscription and entrance of effect of this accord.
2. Formal deliverance of the agreement to Congress so that they can comply with point 5. Executive Power
2nd of November 2009
1. Conformation of a Verification Commission
From the present subscription of this agreement to no later than November 5, 2009
1. Conformation and installation of a government of Unity and National Reconciliation
27th of January 2010
1. Celebration of the transfer of government
First semester of 2010
1. Conformation of the Truth Commission
10) Final Declaration
In the name of reconciliation and patriotic spirit we have convened before the dialogue table, we promise to comply in good faith the present agreement and what is derived from it.
The world is a witness to this demonstration of unity and peace and we promise with our civic conscious and patriotic devotion together we demonstrate our valor and decision to fortalice the state of rights and construct a tolerant society, pluralist, and democratic.
We sign the present agreement in the city of Tegucigalpa, Honduras on the 30th of October, 2009.
We take advantage of this occasion to thank the international community for accompanying us, especially the OAS, and the general secretary Jose Miguel Insulza, the missions of councilors of the hemisphere, the president of Costa Rica Oscar Arias Sanchez, the government of the United States, their president Barak Obama, and their Secretary of State Hillary Clinton.
12) Entering of Vigilance of the Agreement Tegucigalpa/San Jose
For internal effects the agreement has complete effect upon signing. For protocol and ceremonial effect it will be done in a public act on the 2nd of November, 2009
Tegucigalpa, Municipality of the Central District, 30th of October, 2009