THE NATIONALITY AND CITIZENSHIP

CHAPTER I  OF THE HONDURANS
 
ARTICLE 22.- Honduran nationality is acquired by birth and naturalization.

ARTICLE 23.- Are hondurans by birth:
1. Those born in the national territory, with the exception of the children of diplomatic agents;

2. The foreign-born father or mother hondurans by birth ;
* [#]" Interpreted by Decree 13/2001

3. The born on boats or aircraft honduran war, and those born in merchant ships that are in territorial waters of Honduras; and,

4. The infante of unknown parents found in the territory of Honduras.

ARTICLE 24.- Are hondurans by naturalization:
1. The central american by birth who have a year of residence in the country;

2. The Spaniards and ibero-American by birth who have two consecutive years of residence in the country.

3. Other foreigners who have resided in the country more than three consecutive years;

4. The obtaining of naturalization decreed by the National Congress by extraordinary service provided to Honduras;

5. The immigrants that forming part of selected groups brought by the government for scientific purposes, agricultural and industrial after a year to reside in the country fulfill the requirements of Law; and

6. The person foreign woman married to honduran by birth.

In the cases were referred to in the numerals 1, 2, 3, 5 and 6 the applicant must first renounce his citizenship and express their desire to opt for Honduran nationality to the competent authority.

Where there treaty of dual nationality, the honduran opting for foreign nationality, not lose honduran.

In the same circumstances do not require abroad to renounce its nationality of origin.

ARTICLE 25.- while residing in Honduras no honduran by birth may invoke a nationality other than honduran.

ARTICLE 26.- No naturalized honduran may play in their country of origin, official functions on behalf of Honduras.

ARTICLE 27.- Neither marriage nor its dissolution affect the nationality of the spouses or their children.

ARTICLE 28.- No honduran by birth may be deprived of their nationality . This right we retain the hondurans by birth even when acquire another nationality.

A Special Law called Nationality Law regulated concerning the pursuit of political rights and everything that deems relevant in this area.

* Amended by Decree 345/2002 and ratified by Decree No. 31/2003

ARTICLE 29.- Honduran nationality by naturalization is missing:
   1. By naturalization in country abroad; and
   2. By the cancellation of the charter of naturalization in accordance with the law.

* Amended by Decree 345/2002 and ratified by Decree No. 31/2003

CHAPTER II  FOREIGNERS

ARTICLE 30.- foreigners are forced from their entry into the national territory to respect the authorities and to enforce the law.

ARTICLE 31.- foreigners enjoy the same civil rights of hondurans under restrictions for reasons of qualified public order, security, interest or convenience social established by the laws.

The foreigners, are also subject to the same tributes ordinary and extraordinary of a general nature are obliged the hondurans, in accordance with the law.

ARTICLE 32.- foreigners may not develop in the country political activities of a national or international , under penalty of be punished in accordance with the law.

ARTICLE 33.- foreigners may not make claims nor demand compensation from the State but in the form and in cases in which might do so hondurans.

May not resort to the diplomatic channel only in cases of denial of justice. To this effect is not understood by denial of justice that failure is unfavourable to the claimant. Those who contravene this provision lost the right to live in the country.

ARTICLE 34.- foreigners only may, within the limits set by the Act, to perform jobs in the teaching of science and arts and provide the State technical services or advice, when there is no hondurans who can play those jobs or provide such services.

ARTICLE  35.- immigration is conditional upon the interests social, political, economic and demographic of the country.

The Law will establish the requirements, quotas and conditions for entry of immigrants to the country, as well as the prohibitions, restrictions and sanctions to be observed by foreigners.
 
CHAPTER III  OF THE CITIZENS
 
ARTICLE 36.- Are citizens all hondurans over 18 years .

ARTICLE 37.- Are the rights of citizens:
1. Choose and be elected;

2. Eligible for public office;

3. Associate to form political parties; enter or abandon them; and

4. Others to recognize this Constitution and laws .

The citizens of high in the Armed Forces and Security Forces of the State may not hold the vote, but if you will be eligible in the cases not prohibited by law.

ARTICLE 38.- All honduran is obliged to defend the homeland, respect the authorities and help support moral and material of the nation.

ARTICLE 39.- All honduran must be registered in the National Registry of people.

ARTICLE 40.- Are duties of the citizen:
1. Meet, defend and to ensure that meet the Constitution and laws;

2. Get your Identity Card;

3. The right to vote;

4. Play, except excuse or resignation with cause, the popularly elected positions;

5. Comply with the military service; and

6. The other to establish the Constitution and laws.

ARTICLE 41.- The quality of the citizen is suspended:
1. By auto imprisonment decreed by offense that merits more;

2. By conviction handed down by cause of crime; and,

3. By judicial interdiction.

ARTICLE 42.- The quality of citizen gets lost:
1. By providing services in time of war to enemies of Honduras or its allies;

2. By assisting in against the State of Honduras, an alien or a foreign government in any claim diplomatic or before an international tribunal;

3. To play in the country, without a license from the National Congress , the employment of foreign nation, the bouquet military or political;

4. By restricting freedom of suffrage, adulterate electoral documents or use fraudulent means to circumvent the will of the people;

5. To encourage, promote or support the continuity or the reelection of President of the Republic; and,

6. By reside hondurans naturalized, by more than two consecutive years, abroad without prior authorization of Executive Power.

In the cases were referred to in the numerals 1) and (2), the statement by the loss of citizenship will make the National Congress through file detailed that form the effect. For the cases of the numerals 3) and 6), this declaration will make the Executive Branch through governmental agreement; and for the cases of the (4) and 5) also by governmental agreement, after conviction handed down by the competent courts.

ARTICLE 43.- The quality of citizen re-establishing:
1. By dismissal confirmed;

2. By judgment signature acquittal;

3. By amnesty or pardon; and

4. For compliance with the penalty.

CHAPTER IV  THE VOTE AND THE POLITICAL PARTIES
 
ARTICLE 44.- suffrage is a right and a public function .

The vote is universal, binding, equal, direct free and secret.

ARTICLE 45.- punishing any act by which prohibit or restrict the participation of citizens in political life of the country.

ARTICLE 46.- adopting the proportional representation system or by a majority in the cases determined the law, to declare elected in their charges to the candidates of popular election.

ARTICLE 47.- The legally registered political parties are institutions of public law, whose existence and free functioning guarantees this Constitution and the law, to achieve the effective political participation of citizens.

ARTICLE 48.- prohibits political parties attacking the republican system, democratic and representative of government.

ARTICLE 49.- The State help to finance the costs of the games, in accordance with the law.

ARTICLE 50.- political parties may not receive subsidies or grants by governments, organizations or foreign institutions .
 
CHAPTER V   OF THE ELECTORAL FUNCTION

ARTICLE 51.- For everything related to the acts and electoral procedures will be a Supreme Electoral Tribunal, autonomous and independent, with legal personality, with jurisdiction and competition throughout the Republic, whose organization and operation shall be established by the Constitution and the Law, which set equally as regards the other electoral agencies.

The Law regulating the electoral matters, can only be amended or repealed by the qualified majority of the two-thirds of the votes of the totality of the members of the National Congress, which must request the prior opinion of Supreme Electoral Tribunal, where the initiative does not come of it.

* Amended by Decree 295/1993 .
* Amended by Decree 188/1997.
* Amended by Decree 246/1998 and ratified by Decree No. 3/1999.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

ARTICLE 52.- The Supreme Electoral Tribunal be composed of three (3) Judges Owners and a (1) Alternate, elected by the affirmative vote of the two-thirds of the votes of the totality of the members of the National Congress for a period of five (5) years, and may be reappointed.

To be a Judge of Supreme Electoral Tribunal is needs to be honduran by birth, more than 25 years, of recognized integrity and fitness for office and be in full exercise of their civil rights.

They may not be elected judges of the Supreme Electoral Tribunal:
  1. Those who have disabilities to be Judges of the Supreme Court of Justice;
  2. Those who are nominated to fill or hold elective office; and
  3. The who are playing positions in the legally registered political parties.
The Judges of Supreme Electoral Tribunal may not carry out or participate in directly or indirectly in any political party activity, except cast their votes on election day, or play any other office paid, except the teaching.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

ARTICLE 53.- Judges Owners of Supreme Electoral Tribunal chosen among them to the President on a rotating basis by the end of 1 (a) year, who may be re-elected.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

ARTICLE 54.- The National Registry of People is an autonomous institution with legal personality, technical and independent, has its seat in the capital of the Republic and authority in the national territory.

Will Be administered by (a) 1 Director and two (2) Deputies to be elected by a period of five (5) years by an affirmative vote of the two-thirds of the whole of the Members of the National Congress.

Should possess university degree, the highest technical qualifications and morales and shall be subject to the same requirements and disabilities as the Constitution of the Republic to be a Judge of Supreme Electoral Tribunal.

* Amended by Decree 188/1997.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

ARTICLE 55.- The National Register of People, in addition to the functions that it says the Law, will be the agency responsible for the Civil Registration, to extend the identity card only to all hondurans and to provide permanently in a timely manner and without cost, the Supreme Electoral Tribunal, all the necessary information so that it develop the national voter census.

* Amended by Decree 188/1997.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

ARTICLE 56.- The National Voter Census is public, permanent and unalterable. The registration of citizens, as well as the changes occurring by death, change of neighborhood, suspension, loss or restoration of citizenship, is checked at the time limits and with the modalities as determined by law.

ARTICLE 57.- criminal action by the electoral crimes established by the law is public and prescribed in four years.

ARTICLE 58.- ordinary justice , without distinction of fueros, deal with the crimes and misdemeanors elections.