Constitution of the Republic of Honduras, 1982. With reforms to the Act 2 of 1999.
Last updated / last update: February 1, 1999.
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ORDER NUMBER N ° 131
January 11, 1982
PREAMBLE
PART I: THE STATE
CHAPTER I
STATE OF THE ORGANIZATION
Article 1 .- Honduras is a rule of law, sovereign republic established as free, democratic and independent to ensure its inhabitants the enjoyment of justice, freedom, culture and economic and social welfare.
Article 2 .- The sovereignty of the people from whom emanate all branches of government are exercised by proxy.
The supplanting of popular sovereignty and the usurpation of the powers that are typified as crimes of treason. The responsibility in these cases is essential, and may be deducted automatically or on request of any citizen.
Article 3 .- No one should obey a usurper government or to assume those functions or public by force of arms or using means or procedures that violate or fail to recognize what the Constitution and the laws. Acts by such authorities is zero.people have the right to resort to insurrection in defense of constitutional order.
ARTICLE 4 .- The form of government is republican, democratic and representative. Is exercised by three branches: legislative, executive and judicial branches, independent and non-complementary and subordinate relationships.
The alternation in the office of President of the Republic is required.
Violation of this rule constitutes the crime of treason.
Article 5 .- The government must be based on the principle of participatory democracy which is derived from national integration, which involves participation of all political sectors in public administration to ensure and enhance the progress of Honduras based on political stability and national reconciliation.
ARTICLE 6 .- The official language of Honduras is Spanish. The State shall protect the purity and increase their teaching.
ARTICLE 7 .- The national symbols: the flag, emblem and anthem.
The law shall establish its characteristics and regulate its use.
Article 8 .- The cities of Tegucigalpa and Comayagüela together constitute the capital of the Republic.
CHAPTER II
LAND
ARTICLE 9 .- The territory of Honduras is between the Atlantic and Pacific Oceans and the republics of Guatemala, El Salvador and Nicaragua. Its boundaries with the republics are:
1. With the Republic of Guatemala, those appointed by the arbitral award issued in Washington, DC, United States of America, January 23 of 1933.
2. With the Republic of Nicaragua, the Joint Commission established by the Honduran-Nicaraguan Boundary in the years 1900 and 1900 one, according to descriptions of the first section of the line, which appears in the second act of June 121900 and subsequent, to the Portillo de Teotecacinte and this place to the Atlantic Ocean to the arbitral award rendered towards His Majesty the King of Spain, Alfonso XIII, on 23 December of nineteen hundred and six whose validity was declared International Court of Justice in its decision of November 18 of 1960.
3. With the Republic of El Salvador established in Articles diez sixteen and seven of the General Treaty of Peace signed in Lima, Peru on October 30 of 1980, the instruments of ratification were exchanged in Tegucigalpa, Distrito Central, Honduras the tenth day of December 1980. In the remaining sections of quotes are generally subject to the provisions of Articles in the Treaty of reference.
Article 10 .- Honduras belong to the territories situated on land within its territorial limits, waters and islands, islets and cays in the Gulf of Fonseca that historically, geographically and legally incumbent and the Bay Islands, Swan Islands (Swan Islands) also called Santanilla or Santillana, Virillos, Seal and seal (or calf), Caratasca Drawers or hobbies, Over False Cape, Cocorocuma, Palo de Campeche, The Netherlands Pigeons, Media Luna, Gorda and Salmedina Banks, providence, De Coral, Cabo Falso, Rosalinda and Serranilla, and the other located in the Atlantic that historically, geographically and legally incumbent.
The Gulf of Fonseca may be subject to special rules.
Article 11 .- also belong to the State of Honduras:
1. Territorial sea, whose breadth is twelve nautical miles measured from the lowest tide line along the coast;
2. The area contiguous to its territorial sea, extending up to twenty-four nautical miles measured from the baseline from which the breadth of the territorial sea;
3. The exclusive economic zone, extending up to two hundred nautical miles from the baseline from which the breadth of the territorial sea;
4. The continental shelf, which comprises the seabed and subsoil of submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of continental margin or to a distance two hundred nautical miles from the baseline from which the breadth of the territorial sea where the outer edge of the continental margin does not reach that distance, and
5. As the Pacific Ocean all the above measures are counted from the closing line of the mouth of the Gulf of Fonseca, to the sea.
Article 12 .- The State exercises sovereignty and jurisdiction over the airspace and in the sub-soil of the mainland and islands, territorial sea, contiguous zone, exclusive economic zone and continental shelf.This statement does not deny legitimate sovereignty of other States similar rights on the basis of reciprocity or affect the rights of free navigation of all nations under international law nor the implementation of treaties or conventions ratified by the Republic.
Article 13 .- In the cases referred to previous articles, the domain is inalienable and indefeasible.
Article 14 .- Foreign States may acquire in the territory of the Republic, on a reciprocal basis, the property necessary for their diplomatic headquarters, without prejudice to the established international treaties.
CHAPTER III
TREATIES
Article 15 .- Honduras endorses the principles and practices of international law, which promote human solidarity, respect for self-determination of peoples, non-intervention and the strengthening of peace and universal democracy.
Honduras proclaims the validity and obligatory execution of arbitral and judicial international.
Article 16 .- All international treaties must be approved by Congress before their ratification by the Executive.
The international treaties signed by Honduras with other states, once they enter into force, are part of domestic law.
Article 17 .- Where an international treaty affects a constitutional provision must be approved by the same procedure governing the amendment of the Constitution before being ratified by the Executive.
Article 18 .- In case of conflict between a treaty or convention and the law prevail.
Article 19 .- No authority may conclude or ratify treaties or concessions that violate the territorial integrity, sovereignty and independence of the Republic.
Whoever does that will be tried for the crime of treason. The responsibility here is inalienable.
Article 20 .- Any treaty or convention entered into by the executive branch concerning the national territory, will require congressional approval by vote of not less than three-quarters of all its members.
Article 21 .- The Government may, on matters within its exclusive jurisdiction, conclude or ratify international agreements with foreign states or international organizations or accede to them without the prerequisite for congressional approval, which shall report immediately.
