Law on Mechanisms of Citizen Participation

This Law is of public order and has as its purpose to regulate the mechanisms of citizen participation: the referendum, the plebiscite, and the Citizen Law Initiative, indicated in Article 5 of the Constitution of the Republic.

For the purposes of this Law, the following definitions shall be considered valid: Referendum: Process by which citizens, through the casting of their vote, express their approval or rejection of an ordinary law or a constitutional norm or its reforms approved and issued by the National Congress of the Republic. Total Referendum: Consultation procedure in which a determined constitutional norm or an ordinary law in all of its articles is submitted to the decision of the citizenry. Partial Referendum: Consultation procedure in which a constitutional provision, one or more articles of an ordinary law, is submitted for consideration of the citizenry. Plebiscite: It is the consultation with citizens so that they pronounce themselves affirmatively or negatively on constitutional, legislative, or administrative aspects, on which the constituted powers have not taken any prior decision, provided that these aspects are valued as matters of fundamental importance in national life. Citizen Law Initiative: Mechanism by which at least three thousand (3,000) citizens present a law initiative to the National Congress for discussion and approval or disapproval of the Plenary, in accordance with the Constitution of the Republic, this Law, and the Internal Regulations of the National Congress. National, Regional, Subregional, Departmental, and Municipal Referendum or Plebiscite: These are mechanisms of citizen consultation, applied by level according to the political division, geographic distribution, and other criteria established in the Constitution of the Republic, this Law, the Law for the Establishment of a Vision of Country and the Adoption of a Plan of Nation for Honduras, insofar as applicable.

In referendum and plebiscite processes, voting is universal, obligatory, equal, direct, free, and secret.

The Referendum and Plebiscite may be requested by:

• 1)

  At least two percent (2%) of citizens registered in the National Electoral Census;

• 2)

  At least ten (10) Deputies of the National Congress; and,

• 3)

  By the President of the Republic in a Resolution of the Council of State Secretaries. When mechanisms of citizen participation at the regional, subregional, departmental, or municipal level are requested by citizens, it shall be necessary that two percent (2%) of the citizens registered in the National Electoral Census of the geographic jurisdiction where the consultation is conducted submit the request, which shall be determined by the Supreme Electoral Tribunal according to the level in question; and the authenticity of the signatures shall be verified by the National Registry of Persons.

The National Congress, before processing the request for any mechanism of citizen participation, referendum, plebiscite, or Citizen Law Initiative, shall request from the National Registry of Persons within a period not to exceed fifteen (15) days the verification of the authenticity of the signatures. The National Registry of Persons must perform the process of verification of the data of the citizens who present a Law Initiative or who request the carrying out of a Referendum or Plebiscite within the following periods: 1) For the Citizen Law Initiative within a maximum period of one (1) month; and, 2) For the Referendum or Plebiscite, two (2) months. These periods shall be counted from the transmission of the respective documents by the Secretariat of the National Congress.

The National Congress of the Republic shall hear and discuss petitions to promote the Citizen Law Initiative, the Referendum, or the Plebiscite within a period not exceeding fifteen (15) days from its presentation in the Plenary. Petitions for citizen consultations shall be considered approved if they receive the affirmative vote of the simple majority of the totality of its members, in the case of laws and ordinary matters, and of two-thirds of the totality of its members, in the case of constitutional matters. The National Congress must determine by Decree the scope of the consultation, ordering the Supreme Electoral Tribunal to convoke the citizenry for the Referendum or Plebiscite as applicable. It may also order that the consultation be held at the same time as the General Elections.

It is the sole responsibility of the Supreme Electoral Tribunal (TSE) to convoke, organize, and direct the consultations with citizens. The result of the voting generated by the application of the Mechanism of Citizen Participation shall be sent by the Supreme Electoral Tribunal to the National Congress so that it be published in accordance with the Law in the Official Gazette "La Gaceta". The publication referred to in this Article shall be exempt from the payment of publication fees.

A Constitutional reform, law, or general provision may not be submitted to a referendum if it does not have at least two (2) years in force. The foregoing provision shall not apply when it is a matter of constitutional reforms ratified or laws approved that have not yet come into force.

For matters not foreseen in this Law, the provisions of national legislation on electoral matters shall apply. Legislative sources for this purpose are the provisions, resolutions, declarations, treaties, and agreements of international organizations that have been issued on topics of citizen participation and those that best facilitate the process shall be applied. TITLE II OF THE CITIZEN LAW INITIATIVE

Citizens have the initiative to present law for all cases; this mechanism operates when at least three thousand (3,000) citizens present a law initiative before the National Congress in accordance with what is established in this Decree. For the verification of the data that support the Citizen Law Initiative, the provisions established for the requirements and mechanisms of Referendum and Plebiscite shall be applied.

The State shall contribute through the Supreme Electoral Tribunal (TSE) to the Organization, Promotion, and Training of Professional, Civic, Labor, Community, Youth, Charitable, or Common Utility Associations, non-governmental, without diminution of their autonomy, with the objective that they contribute to or construct democratic mechanisms of representation in the different instances of participation set forth herein.

The document containing the Citizen Law Initiative must be presented on plain paper and be accompanied by the following data:

• 1)

  Full Name;

• 2)

  Identification Number;

• 3)

  Domicile;

• 4)

  Fingerprint; and, 5) Autograph Signature. These data must be from each one of the citizens presenting the law initiative. The document containing the law initiative must have the same form and elements in which ordinarily decree projects are presented to the Plenary of the National Congress.

When a Citizen Law Initiative is presented, the Directive Board of the National Congress, at the proposal of the citizens who have presented the Decree Project, must determine a number of ten (10) citizens who shall participate with voice but without vote at the time of its discussion in the Plenary, who must be subject at all times to the parliamentary norms of the National Congress. TITLE III OF THE COMMON PROCEDURE FOR THE CARRYING OUT OF THE MECHANISMS OF CITIZEN PARTICIPATION THE REFERENDUM AND THE PLEBISCITE CHAPTER I OF THE COMMON PROCEDURE

The request shall be directed to the Secretariat of the National Congress and must contain the following: 1) The express mention of the matter that it is desired to submit to plebiscite or referendum; and, 2) Clear and detailed exposition of the reasoning with which it is sustained that said matter should be submitted to the consultation. If it is an initiative presented by deputies, it shall be done in accordance with what is established in the Internal Regulations of the National Congress.

The National Congress must process the request in accordance with what is provided by the Constitution of the Republic and the Internal Regulations for the process of formation, sanction, and promulgation of the Law, in the terms established in this Law.

If the National Congress finds the citizens' request admissible, it must approve a Decree ordering the Supreme Electoral Tribunal (TSE) to conduct the consultation and ordering, if applicable, that it be held on the same date as the general elections. In the same Decree, the budget allocation for conducting the process must be authorized. The Secretary of the National Congress shall send the certification of the point of record in which said Decree was approved to the Supreme Electoral Tribunal (TSE). This special Decree shall not be subject to veto by the President of the Republic; therefore, the National Congress shall proceed to its respective promulgation, in accordance with the constitutional formula.

The Supreme Electoral Tribunal (TSE), within fifteen (15) days following receipt of the certified copy of the point of record of the Decree ordering the consultation, shall hold a session to agree upon the procedure under which it will be conducted, in accordance with the bases established in the Legislative Decree. The Agreement of the Supreme Electoral Tribunal (TSE) must be published in the Official Journal "La Gaceta" and in at least two (2) newspapers of greatest national circulation.

The Supreme Electoral Tribunal (TSE), with the participation of the State Department of Finance, shall determine the cost of the respective procedure, which shall be covered in accordance with the provisions of the Special Decree that approves the implementation of the mechanism and that amends the General Budget of Income and Expenses of the Republic, specifically from the Supreme Electoral Tribunal (TSE).

The Supreme Electoral Tribunal (TSE) shall issue the call for the holding of the Referendum or Plebiscite, in accordance with the Decree issued by the National Congress. The Call must be disseminated by National Broadcast and at least three (3) times in two (2) of the newspapers of greatest circulation in the country and broadcast through mass media, within a period of one (1) month, except when the consultation is held on the date of the general elections.

The Call must contain at least the following requirements:

• 1)

  Modality of the procedure: Referendum or Plebiscite;

• 2)

  Level: National, regional, subregional, departmental or municipal;

• 3)

  Date, place and time of the citizen consultation day, which shall always be on Sunday;

• 4)

  Precise and detailed specification of the ordinary law or Constitutional provision or the reform or reforms approved, which shall be subject of the Referendum or, in its case, pronouncement on constitutional, legislative or administrative aspects that shall be subject of the Plebiscite;

• 5)

  The question or questions prepared by the Supreme Electoral Tribunal (TSE) that shall be answered by citizens. Citizens shall limit themselves to voting YES or NO to pronounce themselves on the aspects consulted in the Referendum or the Plebiscite, so the same must be formulated in a clear and precise manner that avoids confusion among citizens;

• 6)

  The number of citizens who must participate, as well as the minimum percentage required for the consultation to be valid, in accordance with what is provided in Article 5 of the Constitution of the Republic;

• 7)

  The statement of reasons why those requesting it consider that the ordinary law or a Constitutional Provision or its approved reform should be ratified or disapproved, as the case may be;

• 8)

  Dates in which citizen consultation tables shall be integrated, as well as their number and location;

• 9)

  Powers and obligations of the representatives of the citizen consultation tables;

• 10)

  Characteristics and deadlines for delivery of documentation and consultation materials;

• 11)

  Provisions of the disclosure campaign; and,

• 12)

  Other provisions that the Supreme Electoral Tribunal (TSE) deems appropriate for the most adequate regulation of the respective procedure. In the case of consultations at the Regional, Subregional, Departmental or Municipal level, the Supreme Electoral Tribunal (TSE) shall determine the scope of the advertising campaign.

According to the needs of the procedure and its nature, the Supreme Electoral Tribunal (TSE) must establish the minimum structure so that the referendum or plebiscite is conducted properly. The Local Electoral Courts are obligated to collaborate with the Supreme Electoral Tribunal (TSE) for the best and most adequate conduct of the citizen consultation procedure on the terms set forth in the instructions.

For the casting of votes, the corresponding ballots shall be printed, in accordance with the model approved by the Supreme Electoral Tribunal (TSE), and must contain, at least, the following information: the Supreme Electoral Tribunal (TSE), and must contain, at least, the following information:

• 1)

  The question or questions submitted to the vote of the citizenry, in such a manner that it does not generate confusion in the voter about their affirmative or negative will on the matter submitted for consultation;

• 2)

  Boxes or circles for Yes and for No;

• 3)

  The articles subject to Referendum, or the aspects submitted to pronouncement in Plebiscite; and,

• 4)

  Seals and printed signatures of the President and Secretary of the Supreme Electoral Tribunal (TSE).

The Supreme Electoral Tribunal (TSE) shall determine how many citizen consultation tables shall exist in accordance with the scope of the procedure; these must be integrated in accordance with what is established in the current Electoral Law, and their members have the powers and obligations that said regulation confers upon them.

In the citizen consultation procedure, the provisions of the Electoral Law and of Political Organizations relating to the figure of representatives of political parties, coalitions or fronts shall not be applied, nor their powers, rights and obligations in the citizen consultation tables during the electoral day, except in cases where the participation mechanisms are held on the same date as the General Elections. The Supreme Electoral Tribunal must establish the mechanism for integration of the Citizen Consultation Table. CHAPTER II ON THE COUNTING OF VOTES IN THE REFERENDUM AND PLEBISCITE

The Supreme Electoral Tribunal (TSE) shall count the votes cast in the Referendum or Plebiscite procedure and shall remit the corresponding resolution to the National Congress so that it may be published in the Official Journal "La Gaceta".

If the result of the vote is not affirmative, as the case may be, the consultation on the same subjects may not be conducted in the same or following Government period of the Republic. The submission of consultation requests, as referred to in this Law, shall only be permitted up to six (6) months before the General Elections by the Supreme Electoral Tribunal (TSE). CHAPTER III ON THE DISCLOSURE CAMPAIGN

For the purposes of this Law, disclosure campaign shall be understood as the activity carried out by those interested in the content of the Consultation submitted to the decision of the people; the Supreme Electoral Tribunal (TSE) shall ensure that the disclosure campaign conducted by those interested for or against the consultation proposal complies with the principles of respect, morality and ethics. Violation of the provisions of this Article shall be grounds for responsibility and sanctions in accordance with current electoral laws. Public funds cannot be used to contract advertising in private media by any of the sides of the consultation. State media may be used by the Supreme Electoral Tribunal (TSE) for an informational campaign on the topic that will be consulted with the population. TITLE IV ON REMEDIES CHAPTER I ON REMEDIES AND EFFECTS OF THE CONSULTATION

The authority and the citizens who have requested the referendum or plebiscite procedure may challenge before the Supreme Electoral Tribunal (TSE) through their legal representative, as the case may be, the resolutions issued, as well as the results recorded in the records, as the case may be, applying the respective provisions of the Electoral Law and of Political Organizations.

The Supreme Electoral Tribunal (TSE) is obligated to report within a period not exceeding ten (10) days the results of such consultation to the National Congress. If it is a plebiscite regarding decisions of the Executive Branch, it must send a copy of said communication to the same, without prejudice to the transfer of data that the National Congress makes.

The result of citizen consultations shall be binding: 1) If at least fifty-five percent (55%) of the total participation in the last general election participates and also depending on the level at which it is held; and, 2) If the affirmative vote achieves a simple majority of valid votes.

Once the National Congress receives the official communication of the result of the Plebiscite or the Referendum from the Supreme Electoral Tribunal (TSE), it shall read the same in Plenary, proceeding subsequently in the following manner:

• 1)

  If it is a referendum of a law of more than two years and the result of the consultation ratifies its content, the National Congress shall simply carry out through the Executive Power the publication of the official results sent by the Supreme Electoral Tribunal (TSE);

• 2)

  If, on the contrary, the result of the consultation is repealing, it shall return the communication to a commission for it to formulate the bill by which the constitutional article or its reform shall be declared repealed, or the ordinary law submitted to consultation shall be repealed. In the case of the repeal of a constitutional norm or its reform as a result of a citizen consultation, the ratification of the Decree in the following legislature shall not be necessary;

• 3)

  If it is a reform or law whose entry into force is subject from its origin to the result of a referendum, nothing more than the publication of the result shall be necessary. In case it is affirmative, the constitutional reform or the ordinary law shall enter into force immediately or on the terms that its normative body enunciates; in case it is negative, it shall not enter into force;

• 4)

  When it is a plebiscite that addresses aspects related to decisions that the Executive Power must make, the National Congress shall simply read the communication in Plenary and shall send it to the Executive Power for the purposes of making the decision on the subject submitted in accordance with the result of the consultation and respective publication.

• 5)

  If the Plebiscite refers to decisions that the Legislative Power must make, it must adopt them in accordance with the results of the consultation and in the forms permitted for the adoption of decisions in accordance with the Constitution of the Republic and the Internal Regulations of the National Congress.

The National Congress and the Executive Power must adopt the measures aimed at the materialization of the results of the voting, within a period not exceeding thirty (30) days following the date on which they receive the official communication from the Supreme Electoral Tribunal (TSE).

The "Special Law Regulating the Plebiscite and the Referendum", contained in Decree 135-2009 dated June 24, 2009, published in the Official Gazette La Gaceta on July 24, 2009, with Gazette number 31,972, is hereby repealed.

This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, Municipality of the Central District, in the Chamber of Sessions of the National Congress, on the twelfth day of the month of December of the year two thousand twelve. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power Therefore: Let it be executed. Tegucigalpa, M.D.C., December 20, 2012 PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF THE INTERIOR AND POPULATION CARLOS ÁFRICA MADRID HART