| Legal reforms looking to strengthen the judicial branch
Anette Emanuelsson
Honduras This Week
The President of the Supreme Court Vilma Morales as she hands over the proposal for the Law of the Judiciary Council and the Judicial Carrier to Roberto Micheletti, the President of Congress. Seven legal reforms. That is what the President of the Honduran Supreme Court Vilma Morales hopes to achieve during the coming years. One law, the new civil code, was already passed by Congress last year. Still missing is, for example, a new criminal code, a law for witness protection, new legislation regulating the prison system, and also the Law of the Judiciary Council and the Judicial Carrier. The later will create an independent body, a council, which will manage matters within the judicial branch that are administrative rather than judicial in their nature. It will also make sure that the judicial personnel in the Honduran courts are hired and evaluated on merit and not because of political recommendations. "This law will generate a system that is sustainable over time and that has nothing to do with politics. It will separate the judge entirely from that sort of activity, only obeying our laws," Morales said. However, Morales doesn't agree that the naming of judges is influenced by politics today. "The political hand doesn't intervene, only merits are considered by the tribunals naming the candidates."
That opinion is challenged by Felix Avila, judge in the Tribunal de Sentencia in Tegucigalpa, a court of first instance. He says that a vast majority of judges are appointed thanks to political recommendation. "A very small percentage has gone through a competitive process and later an open selection process." Avila himself and his generation of judges in the Tribunal de Sentencia were selected in a competitive process, thanks to requirements set up by the Spanish cooperation agency that supported their training. He emphasizes the importance of appointments not influenced by politics. "A legal official that knows that he owes his position to an official in the executive branch isn't independent. A judge that has been hired through a competitive process doesn't owe anything." As proof, he cites the fact that only one judge has been forced to leave the Tribunal de Sentencia since it was created in 2002, while there have been several cases of suspended judges in other courts.
Rigoberto Cuellar coordinates projects for judicial reform at FOPRIDEH, an umbrella organization for development NGOs. He believes that the importance of a separation of powers cannot be overemphasized. "The experience from other countries shows that an independent judicial branch is the essential ingredient in the development and advancement of a country, that the checks and balances between the executive, legislative and legal branches work." A lack of checks and balances, on the other hand, leads to corruption. Just like Avila, Cuellar sees the appointment of judges as the key. While the current Supreme Court judges were elected in a transparent manner and according to new regulations, he is convinced that many members of the committee that named the candidates didn't look at merit. The established standards that the candidates had to fulfill were simply too low. "With requirements that almost anyone could live up to, it was possible to corrupt the process, even though it was transparent." The requirements - being a lawyer, have many years of experience, and being "recognized for integrity - he describes as insufficient and vague.
Cuellar doesn't want to speculate in the extent of corruption in the Honduran legal system, although he says that the political influence is obvious in cases against important political figures where the eight judges belonging to the National Party and the seven judges with ties to the Liberals always vote according to party color. Still, the suspicion of corruption is the larger problem. "What is most important isn't whether there is or there isn't corruption but rather whether the conditions that could result in corruption exist. Even if there were no corruption the system would always be suffering due to a lack of credibility among the public. And the fundamental requisite of a legal system should be the people's faith in it."
Morales agrees that people's perception is of great importance. She names as a source of optimism a recent survey carried out by the judicial branch. The results showed that 60 percent of those who had no personal experience from the courts had doubts about the system, while among those who had personal experience less than 50 percent didn't trust the system.
Cuellar emphasizes that the laws themselves aren't the most important factor. "There are already laws regulating the appointment of judges but it is not always implemented. This new law will strengthen the old one, but the real problem is found in the implementation." His hope is that a new generation of lawyers with a higher sense for independence will make better use of the laws. "When they decide to advance the independence of the judicial branch, the legal structures are already in place."
Fuel agreement could be signed in coming weeks
Álvaro Morales Molina
Honduras This Week
Courtesy of the Presidential Palace
Andrew Shasha, the representative of Conoco Phillips in Latin America, announcing the company's willingness to use DIPPSA's terminals. The Minister in charge of the fuel auction process, Enrique Flores Lanza, assured, on Thursday, that the agreement with the North American oil company, Conoco Philips, is definitely on the right way, after the government obtained a judicial order from the Procuraduria General del Estado (the legal representative of the government) to take over and manage Dippsa's fuel terminals.
Conoco Philips won a recent public auction for being the sole provider of fuel to Honduras, but doesn't have its own terminals in the country.
Even though the possibility of a direct negotiation with Henry Arevalo, owner of the Honduran company Dippsa, for the administration of the terminals is out of question, Conoco's representative Andrew Shasha, confirmed via telephone on a national television news program, that as long as there is a guarantee for them to import the fuel, with no risk, they will be signing the agreement with Honduran officials in the next two weeks and deliver the first shipment by mid-March.
The legal process that the government lawyers are planning to follow is really abbreviated and will be cleared in one week, according to Rosa America Miranda, the legal representative of the Honduran government, because it is an executive lawsuit, which will allow the government to have the terminals ready in less than 30 days.
According to the original agreement of establishment between Petrotela, subsidiary of Dippsa, and the government, the company obliges it self to make the terminals available to the government whenever in the case of an emergency or national interest, and that happened when Congress declared fuel and its derivates as strategic products on the beginning of the fuel auction process in 2006.
Arevalo was asking for US$0.03 per gallon in storage and another US$ 0.0327 for administration, including receiving, storing and delivering the product, while the government offer is US$ 0.03 for the complete process. According to Flores Lanza, there is a Peruvian company that will charge US$0.02 for administrating the terminals.
National Health Plan 2021: Enough to change Honduran health?
Sasha Arms
Honduras This Week
Archive/Honduras This Week
Hospital Escuela, the largest hospital in Honduras. The health system in Honduras in disarray. Since Orison Velasquez resigned as Minister of Health in July last year, there have been a number of replacement Ministers come and go. Jenny Mesa is the current Minister, although there are rumours that she will not be a permanent fixture either. Hospitals are crying out for help because there aren't enough medical supplies to treat patients. The government makes sufficient pharmaceutical orders, but the medicines are not reaching the hospitals and medical centres. The Ministry of Health is nervous to comment on the state of health in the country at the moment, but nevertheless they do have a plan - the 'National Health Plan 2021'.
Identifying poverty, education and inefficient infrastructure as being key factors in the poor health system in Honduras, the National Health Plan 2021 was born in 2001 out of the passing of two legal acts. Act 145 recognizes the human right to the protection of the health and that it is the State's responsibility to conserve the environment to protect the health of all people. Act 149 more specifically states that all health organizations in Honduras, public and private, should be centralized with the formation and execution of the National Health Plan 2021.
The National Health Plan addresses the fact that poverty has a direct correlation with poor health. Two out of three homes in Honduras are classified as poor, and there are more poor rural households than urban ones. According to Dr. Ana Esbanda, Technical Assessor in the Evaluation and Monitoring Unit of the Ministry of Health, "4.5million people do not receive their basic food needs, and 3.3million of these people - 65.5% of the population - live in extreme poverty." Furthermore, according to the Ministry of Health, 46.2% of the Honduran population survives on less than $1 per day.
Dr Esbanda also discusses how education has a big part to play in poor health in the country. She blames poor lifestyles for creating increased health problems in Honduras: "There is a high incidence of bad health habits in our country - alcohol and drug consumption, gang activity and violence, irresponsible parents not looking after their children's nutrition properly… A healthy environment is not a privilege but a fundamental human right."
Of course poverty and education are key factors affecting poor health in Honduras, but the fact remains that the health system does not currently possess effective infrastructures to treat people and make a start in improving the national system. A key reason for this is that there are three health institutions that are not co-coordinating and working to make one global, efficient system for the people. In the public sector there is the Ministry of Health and the Honduran Institute of Social Security, while there are also the private sector hospitals and medical centres. According to statistics from the Ministry of Health, there are currently 32 public sector hospitals in the country, and a massive 325 private sector hospitals and clinics, which the poor majority of the country clearly do not have access to. Also according to the Ministry of Health's statistics, there are currently 2,680 trained doctors working in the public sector in Honduras. Based on Honduras' current estimated population of 7.3million, that equates to one trained doctor for every 2,724 people. In comparison, the United States has a ratio of one doctor to 437 people (www.healthaffairs.org).
So the Ministry of Health and the National Health Plan 2021 have identified the problems, and the aim is that by 2021 Honduras' health system will be far more effective and will be treating patients efficiently. The key to this will be revamping the infrastructure so that there is one united form of healthcare, rather than the current disjointed mix of healthcare institutions. Some key priorities that the National Health Plan 2021 aims to achieve by 2021 is to increase the average life expectancy to 75 years old (it is currently 69.3), to reduce the cost of healthcare for patients by at least 30% and that at least 90% of the population have access to some form of basic healthcare. They also plan that 100% of healthcare establishments are properly licensed and accredited.
At this stage is it unclear whether or not the National Health Plan 2021 is on track to achieving these goals together with the massive overhaul of the system vitally needed, but one certainly hopes so for the sake of the thousands currently going without medical attention at all.
Honduras celebrating patron saint Suyapa
Alex Jones
Honduras This Week
Alex Jones/ Honduras This Week
La Hermita was built by Jose Midence after he was miraculously cured of his kidney stones On a cool Saturday evening of January 1747, Alejandro Colindres and Lorenzo Martínez, two young and humble peasant boys, were returning to their home in the village of Suyapa. They had been gathering corn all day, and were tired from the heat and hard work. Then, as they crossed the Piligüin ravine, night began to fall. The two young boys decided that this would be a good place to sleep, and so laid down their things to rest.
Alejandro, however, was unable to get comfortable. Something, he thought a stone, was irritating him. In the darkness he fumbled around with his hands and found the thing that was bothering him. He stood up and threw it far away. To his surprise, however, upon sitting back down he felt the same discomfort. This happened three times, but on the fourth time, intrigued by the mysterious object, he tucked it safely into his bag.
Day broke and the two boys, upon returning home, looked to see what it was and showed it to their mother. They had discovered a tiny but charming image of a lady, immaculately carved in cedar wood. Their mother was so taken by the object that she started taking it around to various nearby small houses, where they would pray to it - asking for favors and help. Jose Midence, a wealthy land owner at the time, was sick with kidney stones and, upon hearing about this carving, wondered if it could help him. Indeed his wish was granted, securing the carving as an object of great religious significance. In thanks he built a church, where 'La Senora de Suyapa' could sit and be respected - that church is now known as La Hermita.
Over 250 years on and today, February 2nd, millions of people from all over Honduras will conclude their annual pilgrimage to the small carving to give thanks for bygone miracles or request help in future endeavors. "It is the biggest celebration of the year" says Paula Montoya, a 66 year old woman living Tegucigalpa. "I have a faith in my heart that this woman (La Senora de Suyapa) is the mother of all creation and God" she tells me, sitting alongside three generations of her family. "I have come here every year since I was little…and have experience of miracles that have happened." A family who had traveled all the way from Orica tells me how, long ago - they weren't sure exactly - a farmer had found the carving which they pray to, in order to give thanks and ask for favors. Like Paula Montoya, the Grandmother of this family has made the journey to La Hermita and El Santuario (a larger Basilica made next to La Hermita after the Pope named La Senora de Suyapa as Patrona de Honduras in 1954) every year since she was young, and is glad that her Grandchildren will be able to come for many more years yet.
Alex Jones/ Honduras This Week
Indigenous people camping outside El Santuario during the celebration
"The celebration lasts for 15 days", Father Hermer recounts, "and every year it gets bigger and bigger." Last year two million people made it to Honduras' capital city for the fiesta, which starts on January 24th with a walk from a downtown church to El Santuario, and builds up to it's climax of a huge open mass, attended my all the Honduran authorities and many thousands of the general public, at 9.00am on February 3rd. The Father told me how "the biggest days are the 2nd, 3rd and 4th of February". Indigenous people, who come here from all over the country, arrive at noon on the 2nd. According to the Father, "most (of the indigenous people) do not have access to a car or bus, so some have been walking for up to six days".
That evening is the 'celebracion de la luces'. This is exclusively for the indigenous peoples, and is a nighttime parade where everyone holds candles to light the way. At various stops along the walk they will pray for something specific on the behalf of their group, and then continue their path. Following this, at 10.00pm, is La Alborada. Here national actors, singers and other celebrities get together for a celebration that will be filmed broadcast right across Honduras. This is topped by another mass at 1.00am, Vigilia, which is traditionally a happy, joyous and loud affair with much singing and dancing on the part of everyone. Then, bright and early at 9.00am is that great mass attended by thousands to close the celebrations on Sunday morning, ready for everyone to pack up and start their trips home on the 4th.
So many people come to Suyapa, the Father tells, that "in the past we have had to move campers from the areas surrounding the churches to areas where there is space." It is perhaps because of the miracles that happen each year that it continues to grow as the major event in the Honduran Catholic calendar. The Father explained to me how last year, in El Salvador, there lived a lady with a little girl who was confined a wheelchair. Then one afternoon a short, dark and skinny lady appeared. 'Who are you, and what are you doing?' the Salvadorian mother asked. To this the mysterious woman replied 'I am here from Honduras, to help your child.' Following this the child found that she could finally walk. The Salvadorian mother and child were so amazed by the miracle that they had seen, that when they heard about La Senora de Suyapa they decided to make the journey to Tegucigalpa, as, they figured, perhaps she was to thank. When they arrived at El Santuario and saw the tiny carving they were shocked and amazed to see that the small, dark, skinny lady who had claimed to be from Honduras to help the child was also the woman depicted on the small piece of cedar wood.
Honduras-Denmark tie in lackluster soccer match
Patrick Ahern
Honduras This Week
Patrick Ahern/Honduras This Week
Danish fans cheering for their team. Saturday, January 27 was a perfect day to catch the late afternoon sun in the National Stadium to watch the National Team of Honduras play against the national team of Denmark. This was the first "friendly" or warm-up match in the long journey toward the World Cup in the Republic of South Africa in 20010.
The game ended in a 1-1 tie. Fifty-eight minutes into the game Denmark's Kristian Nielsen seriously beat the Honduran defense and missed an easy shot. Nielsen redeemed himself later in the game with a header into the goal. With about seven minutes (no functioning scoreboard in the National Stadium!?) remaining in the game, Honduras was given a penalty kick on a questionable call within the box. Saul Martinez who plays professionally in China converted to tie the game.
The Danish team looked light deprived and out of practice from the dark and cold northern winter they had just left. The Honduran team looked like a combination of experienced players who were saving their energy for the local league and younger players new to the national team who were nervous.
One had to enjoy the view of the mountains as the sun was setting because the play on the field was slow and not pretty. Although the game was not particularly friendly, with elbows flying and two near fights, the crowd in my section exchanged good natured barbs with a tiny, but vocal group of young Danish fans who are in Nueva Suyapa for six months working with youth. The Honduran crowd was not happy with the play on the field and began to boo their own team. When the Danish team scored first, many fans cheered for them and began the traditional victory chant of "olé, olé." Interim coach and current Congressman Chelato Uclés responded angrily to the press about the fans cheering for the Danes. He particularly lashed out at radio announcer Luis Vallejo for putting the "public against the Honduran Selection." Uclés, who coached the Honduran team into its only appearance in the World Cup in 1982, stepped in to fill the gap left by Flavio Ortega who suffered a life threatening aneurism several weeks ago. In the stands, and looking quite concerned, was Reinaldo Rueda from Colombia who was just named to be the permanent Honduran national team head coach last week.
Next week the stakes will be raised as Honduras will begin competing in a Central American tournament, La Copa de las Naciones.
Suazo awarded Italian Oscar
Álvaro Morales Molina
Honduras This Week
Honduran footballer Oscar David Suazo, captain and leading scorer of Italian team Cagliari in the world's most competitive league, was elected the most valuable foreign player of the 2006 season on Monday night, an honor that he shared with Brazilian player Kaka from Milan.
The award, known as Oscar, is the most important award in Italian football. During the ceremony, held in Milan on January 29th, the best players and coaches in Serie A were awarded.
King David, as he is known in Honduras, is 28 years old and has played for Cagliari for nine years. He has turned into the icon of his team, as last year's leading scorer with 24 goals and also having led his team from Serie B to Serie A a few years back.
Teams such as Juventus and Inter from the Italy, Barcelona and Sevilla from Spain, Ajax from the Netherlands and Manchester United from England have all been interested in the player, but he has stayed faithful to Cagliari.
At the same ceremony, Real Madrid's Favio Cannavaro was named the best Italian player, Lucciano Spaletti best coach and Roberto Rosetti best referee. In a comment, Suazo said that he was very honored, especially since he was being compared to players from the 1982 World Cup.
|
Watermelon plague hits Honduran crops
The Secretariat of Agriculture and Cattle ranches (SAG) has announced that 80 per cent of watermelon crops have been destroyed in the south zone of Honduras due to a plague. Most producers have in fact lost 100 per cent of their crops and the expected financial loss is some 800,000 lempiras. The plague is in the form of an insect, which lives in the watermelons until they are yellow in colour and dried-out. The plague has been affecting the South Zone, namely Valle and Choluteca, for 3 years now and the percentage of infected plants is increasing. El Heraldo
Transparency law in action
As of this week, citizens of Honduras will now be able to make use of the Law of Transparency and Access to the Public Information - after the legal paper was published on 30th December 2006. Information that citizens now have access to includes statistics, acts, resolutions, liquidations, budgetary licenses of all types, donations and acquisition of goods, as well as much more. To request information, citizens must make an official request in writing or electronically, indicating the specific details of the information requested. The law also protects personal data, access to which will only be granted as a result of judicial decree or at the request of the person themselves. If an applicant is denied data after a request, they have the right to go before the Institute of Access to Public Information (IAIP) to ask for the revision of decision. The IAIP then have 10 days to review the appeal and make a final decision. El Heraldo
Life sentence in deaths of 19 immigrants
Tyrone Williams, the driver of the semi-trailer smuggling at least 74 undocumented workers from Harlingen to Houston Texas in which 19 including a Honduran died of heat suffocation in May 2003, was sentenced to life imprisonment on January 19th. Williams could have been sentenced to death, but the jury chose life instead. The original verdict was thrown out on appeal and this was a re-trial. Karla Chavez, a Honduran living in Texas, was previously sentenced to seventeen years for organizing the 'shipment.' Ten 'coyotes' and others had previously been convicted for their roles in the tragedy and are serving sentences of varying terms. Houston Chronicle
|
