THE STATE

PREAMBLE

Us, deputies elected by the sovereign will of the honduran people, gathered in National Constituent Assembly, invoking the protection of God and the example of our fathers, with our faith in the restoration of the central american union and interpreting faithfully the aspirations of the people that we gave its mandate, decreed and sanction this Constitution to strengthen and perpetuate a rule of law to ensure a society politically, economically and socially just to affirm the nationality and conducive conditions for the full realization of the man, as human person , within the justice, freedom, security, stability, pluralism , peace, representative democracy and the common good.
 
CHAPTER I OF THE HONDURAS CONSTITUTION (OF THE ORGANIZATION OF THE STATE)
 
ARTICLE 1.- Honduras is a rule of law, sovereign, formed as a republic free, democratic and independent to assure its inhabitants the enjoyment of justice, freedom, culture and the economic and social welfare .

ARTICLE 2.- The sovereignty belongs to the people of which emanate all the powers of the State to be exercised through representation.

The sovereignty of the People may also exercised directly, through the plebiscite and the Referendum.

The impersonation of Popular Sovereignty and the usurpation of the authorities constituted designated as offenses of treason . The responsibility in these cases is imprescriptible and may be deducted ex officio or at the request of any citizen.

* Amended by Decree 295/1993.

ARTICLE 3.- Nobody should obedience to a usurper government nor to those who assume functions or public jobs by the force of arms or using media or procedures that violate or unaware that this Constitution and the laws. The acts verified by such authorities are zero. people have the right to appeal to the insurrection in defense of the constitutional order.

ARTICLE 4.- The form of government is republican, democratic and representative . Is exercised by three powers: legislative, executive and judiciary, complementary and independent and without reporting relationships.

The alternation in the exercise of the Presidency of the Republic is mandatory.

The infringement of this standard constitutes the crime of treason .

ARTICLE 5: The government must be based on the principle of participatory democracy from which the national integration, which implies participation of all political sectors in the public service, in order to ensure and strengthen the progress of Honduras based on the political stability and in the national conciliation.

In order to strengthen and operate the participatory democracy are instituted as mechanisms of consultation of citizens the referendum and plebiscite for matters of vital importance in national life.

A special law approved by two thirds of the totality of the members of the National Congress, determine the procedures, requirements and other aspects needed for the exercise of the popular consultations. The referendum will convene on an ordinary law or a constitutional rule or its reform adopted for its ratification or disapproval by the citizenship.

The plebiscite will convene requesting of citizens a pronouncement on constitutional, legislative or administrative, on which the Authorities Constituted have not taken any prior decision.

On the initiative of at least ten (10) Members of the National Congress, the President of the Republic in Council resolution of Secretaries of State or 6 percent (6%) of citizens, entered in the National Electoral Census, empowered to exercise their right to vote, through their signatures and thumbprints duly noted by the Rostrum Supreme Electoral Council, the National Congress hear and discuss such requests, and if the approved with the affirmative vote of the two thirds of the totality of its members; adopt a Decree that will determine the ends of the consultation, ordering the Supreme Electoral Tribunal, to convene, organizing and directing the consultations to the citizens identified in the preceding paragraphs .

The exercise of the vote in the consultations citizens is mandatory. It will not be subject to referendum or plebiscite projects aimed at reforming the article 374 of the Constitution.

It also may not be used these consultations on matters relating to tax matters, public credit, amnesties, national currency, budgets, treaties and conventions and social achievements.

Corresponds to the Supreme Electoral Tribunal, reporting in a period of no more than ten (10) days to the Congress Nacionial the results of these consultations. The result of the consultations citizens will be onbligatorio compliance:

  1. If involving at least the fifty-one percent (51%) of citizens registered in the National Voter at the time to be practiced the consultation; and
  2. If the affirmative vote majority of valid votes.
If the result of the vote is not so, the consultation on the same themes may not take place in the next period of Government of the Republic. The National Congress ordered the entry into force of the rules are as a result of the consultation through constitutional procedure of validity of the law. Not applicable the presidential veto in cases of consultation through referendum or plebiscite . Accordingly, the President of the Republic ordered the enactment of the rules adopted.

* Amended by Decree 242/2003 and ratified by Decree No. 177/2004

ARTICLE 6.- The official language of Honduras is Spanish. The State shall protect its purity and increase their education.

ARTICLE 7.- Are national symbols: The Flag, emblem and Anthem.

The Law will establish its characteristics and cover their use.

ARTICLE 8.- Tegucigalpa , and Comayag├╝ela together constitute the capital of the Republic .
 
CHAPTER II OF THE HONDURAS CONSTITUTION (THE TERRITORY)

ARTICLE 9.- The territory of Honduras is between the Atlantic and Pacific Oceans and the republics of : Guatemala, El Salvador and Nicaragua. Its limits with these republics are:

1. With the Republic of Guatemala those set by the arbitral award issued in Washington, D.C. , United States of America, the 23 January 1000 nine hundred and thirty-three.

2. With the Republic of Nicaragua, the established by the Joint Commission on the Limits honduran-Nicaraguan in the years of one thousand nine and one thousand nine one, as descriptions of the first section of the dividing line, contained in the record second of 12 June one thousand nine and in subsequent, until the Portillo of Teotecacinte and this place until the Atlantic Ocean according to the arbitration award for his Majesty the King of Spain, Alfonso XIII, the 23 December one thousand nine six whose validity was declared by the International Court of Justice in judgment of 18 November one thousand nine 60.

3. With the Republic of El Salvador as laid down in Articles 10 and 6 and 10 and seven of the General Treaty of Peace Treaty signed in Lima, Peru on 30 October 1000 nine hundred, whose instruments of ratification were exchanged in Tegucigalpa, Central District, Honduras, the 10 december 1000 nine hundred. In outstanding sections of delimitation are subject to the provisions in the relevant articles of the Treaty of reference.

ARTICLE 10.- Belong to Honduras the territories situated on land within its territorial limits, inland waters and the islands, islets and atolls in the Gulf of Fonseca that historical, geographical and legally, as well as the Islands of the Bay, the Islands of the Swan (Swan Islands) also called Santanilla or Santillana, Virillos, Seal or foca (or Calf), Caratasca, drawers or Hobbies, Older than Out False, Cocorocuma, Stick of Campeche, The Low Pigeons, Half Moon, Gorda and the Banks Salmedina, providence, Of Coral, Cape False, Rosalinda and Serranilla, and the other located in the Atlantic that historical, geographical and legally you relate.

The Gulf of Fonseca may subject to a special regime.

ARTICLE 11.- also belong to the State of Honduras:

1. The territorial sea, whose width is 12 nautical miles from the line of more low tide along the coast;

2. The area adjacent to its territorial sea, which extends to the 24 nautical miles, counted from the line of base from which is measured the width of the territorial sea;

3. The exclusive economic zone, which extends to a distance of 200 nautical miles from the baseline from which is measured the width of the territorial sea;

4. The continental shelf, which includes the bedding and sub-soil of underwater areas, which extends beyond its territorial sea already throughout the natural extension of its territory to the outer edge of the continental margin, or until a distance of 200 nautical miles from the baseline, from which is measured the width of the territorial sea in cases in which the outer edge of the continental margin fail to arrive at that distance; and

5. With regard to the Pacific Ocean previous measures shall be counted from the line of closure of the bocana of the Gulf of Fonseca, toward the high seas.

ARTICLE 12.- The State exercises sovereignty and jurisdiction in the airspace and in the sub-soil in its territory continental and island , territorial sea, contiguous zone, exclusive economic zone and continental shelf.

This declaration of sovereignty is not unknown legitimate rights similar to other States on the basis of reciprocity and does not affect the rights to freedom of navigation of all nations under international law or the performance of the treaties or conventions ratified by the Republic.

ARTICLE 13.- In the cases were referred to in the previous articles , the domain of the State is inalienable and imprescriptible.

ARTICLE 14.- foreign States may only be acquired in the territory of the Republic, on the basis of reciprocity, the buildings needed to headquarters of their diplomatic missions, without prejudice to establish international treaties.

CHAPTER III OF THE HONDURAS CONSTITUTION (OF THE TREATIES)
 
ARTICLE 15.- Honduras endorses the principles and practices of international law to promote the human solidarity, the respect of the self-determination of peoples, to the non-intervention and the strengthening of peace and democracy universal.

Honduras proclaims the validity and mandatory enforcement of arbitral and judicial international in nature.

ARTICLE 16.- All international treaties must be approved by the National Congress prior to ratification by the Executive Branch.

The international treaties concluded by Honduras with other states, once who came into force, are part of domestic law.

ARTICLE 17.- When an international treaty affects a constitutional provision , must be approved by the procedure which governs the reform of the Constitution, similarly the constitutional precept concerned should be amended by the same procedure, before being ratified the Treaty by the Executive Branch.

(Article amended by Decree 243/2003)

ARTICLE 18.- In case of conflict between the treaty or convention and the Law prevail the first.

ARTICLE 19.- No authority may hold or ratify treaties or grant concessions which adversely affects the territorial integrity, sovereignty and independence of the Republic.

Who do will be judged by the crime of treason . The responsibility in this case is imprescriptible.

ARTICLE 20.- Any treaty or convention to hold the Executive Branch on the national territory, require the approval of the National Congress by voting no less than three quarters of all of its members.

ARTICLE 21.- The Executive Branch can, on matters within its exclusive competence, hold or ratify international conventions with foreign states or international organizations or acceding to them without the prerequisite of the approval of Congress , which must inform immediately.