拉丁美洲之民主治理與公民社會賦權–以宏都拉斯為例 - 政大學術集成

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(1). International Master’s Program in International Studies National Chengchi University 國立政治大學國際研究英語碩士學位學程. Democratic Governance and Civil Society Empowerment in Latin America: The 政 Case 治 of Honduras 大. 立. ‧ 國. 學. ‧. 拉丁美洲之民主治理與公民社會賦權 –以宏都拉斯為例 n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. MONICA OSORIO Advisor: YUNG-FANG LIN. May, 2016.

(2) . 摘要: 本研究目的為擴大詳述目前與拉丁美洲相關的文獻，主要重點在於一些相同特性的國家，並可以普遍的將研究發現適用於其他地區。從拉丁美洲中的一般認知中，將宏都拉斯獨立選出，是考慮到能挑戰國家的負面印象，特別是關於 2009 年後所出現的政治危機。本研究檢視宏都拉斯民主化的過程，與國家和公民社會之間的正向互動。拉丁美洲的一些主要國家因相同的要素而改變，也因此有很多重要的改變可以在這期間進行研究。因此在這研究中，發現有三個關鍵的要素可適用於相同歷史時間中的宏都拉斯與拉丁美洲一些主要的國家。本研究的重要性在於進一步了解，宏都拉. 政治大斯公民社會在 2009 年之前與到 2009 年時危機發生之間的轉變。在此同時，也能發掘立. ‧ 國. 學. 出民主治理的好處。. Nat. y. ‧. 這三個關鍵的要素為:憲政工程、軍民關係與選舉，且這些要素在本研究中均有. er. io. sit. 對宏都拉斯與其他拉丁美洲國家的公民社會賦權有所影響。另藉由自由之家(Freedom. n. a House)所提出的民主治理檢核表，來了解民主治理與公民社會賦權。 iv. l C hengchi Un 在拉丁美洲中此三個關鍵要素的變化，提供了建置良好的民主治理的可行性。. 然而，本研究也暗示了未來的相關研究，例如地方與區域性的治理，以及會產生直接影響的外部因素。研究發現也暗示了在宏都拉斯 2009 年政治危機之後透過了民主治理的好處，對公民社會賦權產生了正向的結果。.

(3) . Table of Contents Chapter 1 Introduction ………………………………………………………………………1 1.1 Research Background and Purpose ……………….………………………………..1 1.2 Research Questions and Main Argument …......…………………………..………..6 1.3 Literature Review .………………………………………………………………….8 1.3.1 Democratization .…………………………………………………………… 8 1.3.2 Civil Society .……………………………………………………………….12 1.4 Research Method and Analytical Framework ,………………………………….…16 Chapter 2 Constitutional Engineering and Civil Society Empowerment ……....…………..22 2.1 Constitutions and Civil Society .………………………………………………..22 2.2 Constitutional Engineering in Latin American .……………...…………………28. 政治. 2.3 Constitutional Engineering and Civil Society大 in Honduras,…………………….31. 立. ‧ 國. 學. 2.4 Conclusion .………………………………………………………..……………44. ‧. Chapter 3 Civil-Military Relations and Civil Society Empowerment…………….………...45. sit. y. Nat. 3.1 Civil-Military Relations ……………………………………………..………….45. er. io. 3.2 Civil-Military Relations and Civil Society in Latin America ………..…………53. n. 3.3 Civil-Military Relations aand .……………………….63 iv l Civil Society in Honduras. n U i e h n 3.4 Conclusion .……………………………………………...………………………72 gc Ch. Chapter 4 Elections and Civil Society Empowerment…………………………….………..73 4.1 Elections and Democracy……………………………………………...………..73 4.2 Elections in Latin America………………………………………..…………….79 4.3 Elections and Civil Society Empowerment in Honduras……………………….89 4.4 Conclusion………………………………………………………………………98 Chapter 5 Conclusion…………………………………………………....…………………..99 Bibliography……………………………………………………………………….……….105. Annex……………………………………………………………………………….………111.

(4) . Table of Illustrations Figures 1.1 Democratic Timeline of Honduras…………………………………………………….19 1.2 Analytical Framework………………………………………………..………………..21 2.1 World Suffrage…………………………………………………………………………27 2.2 Cycle of State and Suppressed Civil Society…………………………………………..37 2.3 Demonstration Against the Coup……………………………………...……………….38 2.4 Demonstrations in favor of the Coup………………………………………….……….39 2.5 Independence day parade………………………………………………………………41 2.6 Interest in Politics………………………………………………………………………43. ‧. ‧ 國. 學. 3.1 World Military Expenditure 2014………………………………………………………48 3.2 Share of Government Spending………………………………………………….……..57 3.3 Latin America’s Military Expenditure 2014……………………………………………58 3.4 Constitutional Role % of GDP…………………………………………………………59 政治大 3.5 Tiburcio Carias Andino………………………………………………………...……….63 3.6 “Resistencia” Demonstration………………………………………………...…………67 立 3.7 Honduras’ Military Expenditure…………………………………………………..……69 3.8 Military Police of Public Order (PMOP)……………………………………...………..71. y. sit. io. n. er. Nat. 4.1 World Electoral Integrity………………………………………………………………..76 4.2 ALBA Presidents……………………………………………………………..…………81 4.3 Latin America’s Elections 2005-2006…………………………………………….…….83 4.4 Trust in Political Parties 2015…………………………………………………………..85 al iv 4.5 Participation through vote………………………………………………………………93 n Ch engchi U 4.6 Presidential Ballot………………………………………………………………………94 4.7 Interest in Politics……………………………………………………………………….96 Tables 3.1 Institutional Trust 2011……………………………………………………...………….62 4.1 Latin America’s voter turnout…………………………………………………………..88 4.2 Freedom House checklist-Honduras 2015………………………………………….…..91.

(5) . 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v.

(6) . Chapter 1 Introduction. 1.1 Research Background and Purpose The 1980s for Latin America was a crucial period of change: Mexico was trying political liberalization; countries from South America were going through an authoritarian downfall; and Central America was transiting from military ruling to civilian presidency. This period of time represented the quest for democracy for these countries of the region. Contestation over policy and political competition for office, participation of the citizenry through partisan, associational, and other forms of collective action, accountability of rulers to. 政治大 the ruled through mechanisms of representation and the rule of law, and civilian control over 立. ‧ 國. 學. the military, are all dimension that politically conceptualizes democracy (Karl, 1990).. ‧. In 1982, Honduras changed its Constitution to ensure democratic governance;. sit. y. Nat. restricting the Armed Forces' power by limiting them to be apolitical, obedient and non-. n. al. er. io. deliberant1, and avoiding military coups as a way to empower civil society to their democratic. iv. C h the military rights. Before this time in Honduran history, U nwas responsible for leading various engchi. coup d’état and a fifteen-year long dictatorship. Military actors have been of great power and importance in Latin America, and with transitions to democracies, countries like Honduras, El Salvador, Guatemala and Nicaragua had to shift from militarized to civilian regimes, establishing defined relations between the civilian rule and military that would guarantee stability and prevent military coups. The need to simmer down the military actions in the political spectrum was not only a problem for Honduras, the rest of the Central American countries were going through the same situation. In 1983, Ministers of Foreign Affairs from Colombia, Mexico, Panama and. 1. Constitution, 1982: Art. 272 (Appendix 1). 1 .

(7) Venezuela gathered in Panama, and created the “Grupo Contadora”2 for the development of a solution for the military conflicts that reigned Central America, and to put an end to civil society’s suffering from these conflicts in the five countries, offering democratic means to safeguard human rights and peace. With the support of additional countries like Peru, Brazil, Uruguay and Argentina, as well as the European Union, Central America was on its way to restoring peace and democracy. The “Grupo Contadora” was established to defend the principles of self-determination, no intervention, demilitarization and democratization, and consequently signed a convention for Peace and Cooperation in Central America. In may 1986, they formed the Central American Parliament in the meeting known as “Esquipulas”, to carry on with the initiative from “Grupo Contadora” 政治to remain in peace and democracy. The. 大立 demilitarization momentum, not exclusive to Honduras, was an ongoing regional dilemma in. ‧. ‧ 國. 學. Central America.. Reducing the power of the Armed Forces in Honduras marks a new democratic path.. y. Nat. er. io. sit. Civil society was indirectly empowered, and the military institution was weakened in terms of. n. power. Things noticeably changed afor the military institutions. v It wasn’t until 1996 that the. i l C n U h ngchi Police was transferred from military to civileauthority, and until 1998 the National Police had its own organic law and designated Minister of National Security. Regarding the Armed. Forces, in 1999 the Art. 277 (appendix 2) of the Constitution was reformed to eliminate the position of “Chief of Armed Forces” and was replaced by a “Minister of Defense”, which cannot be active in military service. The limits for the Armed Forces have been strictly traced ever since, and as a result, it can easily be expected for democracy to have a better consolidation. It is important to mention that this Constitution also prohibited presidential reelection, which caused speculations in the 2009 crisis and is currently under consideration for present elections. Every four years, elections were constantly held and not interrupted until 2. Grupo Contadora was named after the place of meeting; Isla Contadora in Panama.. 2 .

(8) the political crisis of 2009. Honduran presidency has been bipartisanship since the elections of 1982, with small political parties represented in the National Congress. “Democracy, although welcomed and supported by broad swaths of Latin American societies, did little to eradicate the region's secular plagues: corruption, a weak or nonexistent rule of law, ineffective governance, and the concentration of power in the hands of a few.” Castañeda (2006). The creation of new democracies under any of the circumstances enlisted hitherto, and the negotiation of power between elites for economic or armed reasons, led to the creation of. 政治. 大 did not satisfy civil society and new institutions under biased and weak structures that simply. 立. ‧ 國. 學. their needs. Some elites in Latin America were financially supported in certain areas by foreign. ‧. countries, and mostly by United States. In Honduras, the United States has been using the. sit. y. Nat. military base “Soto Cano” since the early 1980s initially to fight against the communism wave. er. io. in Nicaragua and El Salvador. Nowadays the base is still used by the United States, under the. n. a. iv. pretext of fighting in drug wars andl the C hmuch neededU nhumanitarian aid. Not only does it. engchi. highlight the direct influence the United States has in the territory, but once again, the importance of the military in Honduran history of democracy. Weak institutions became the basis of democracy, and the armed violence was often used to enforce the status quo in these countries. Civil society was powerless, and the economic exclusion of social class was another obstacle in Latin America’s transition to democracy. Weak institutions and a weak judicial system increased elite corruption and illegal economic networks. Every so often, the repressed civil society had to communicate through violence in forms of gangs (“maras” in Spanish), narcotic activity, armed groups such as paramilitary (“guerrillas” in Spanish), economic or ideological groups. Indigenous movements have been a. 3 .

(9) great part of Latin America’s history, as one of the repressed groups of civil society pushing towards the inclusion of their rights. States were incapable of providing social equality and security since many of its institutions were unstable and focused on specific sectors, and therefore had to deal with groups that felt excluded or victims of unfairness and used violence against them in response, creating a never ending cycle of use of violence or force. For over twenty-five years in Honduras, elections were constantly held and presidential terms were persistently every four years. In 2005, Manuel “Mel” Zelaya was elected as President, and took office in 2006. President Zelaya was well known for his evoking populism and during the last year of his presidency, was trying to implement the “Cuarta Urna”3. As a. 治. result, in 2009 Honduras went through a 政 political crisis大 when the then president Zelaya was. 立. ‧ 國. 學. thrown out of his presidency because he was desperate to implement the “Cuarta Urna” which its opposition claimed it had a rooted socialist approach and was considered to endanger. ‧. democracy. Some contemplate this event as a military coup, since the Armed Forces had the. sit. y. Nat. er. io. mission of the taking the former president Zelaya out of the country. The Chairman of Congress. n. a l of 6 months untili the v next scheduled elections. This became the interim president for a period n Ch. engchi U. marked important outcomes for Honduras. Civil society was dramatically divided into two major groups; those in favor of the presidential secession and the opposition. People became more politically active, and the role of the state was exposed as only having democratic ideas of how to maintain democracy in the country but no real vision and plan of how to remain in democratic rules and practices. With elections scheduled shortly, this political event was also an opportunity for new political parties to be considered as an option to challenge bipartisanship, representing different political perspectives from the population. Bureaucracy was highly judged for its actions during the presidential secession; even though their claimed. 3. Cuarta Urna would be used to ask in the upcoming elections if the people wanted to have a Constitutional Assembly, to eventually change the Constitution.. 4 .

(10) intentions were keeping a democratic state as opposing of what the former president Zelaya was trying to lead the State into. Elections were held as usual, and a new president was elected. For the following elections, the opposition had its chance to institutionalize themselves into a political party, and are now part of the Congress. Bureaucratic actions taken to maintain democracy in Honduras make an interesting case, as they can be understood from positive or negative perspectives. Democratic consolidation is still an issue for the State, and even though civil society seems to be more politically active nowadays, it doesn't ensure the best of practices. The impact of presidential instability on the path of democracy has had a big impact on the nature of the new division in civil society and its relation to the bureaucracy.. 立. ‧ 國. 學. Purpose of Research. 政治大. ‧. This research examines the effect of democratic governance on civil society in. Nat. io. sit. y. Honduras. It intends to analyze the variables individually and to have a clear understanding on. er. how at the moment of interaction they a are not exclusive from each other. Literature on Latin. n. iv l C n h e n gcountries, America tends to focus on the same specific c h i U and generally applies the research. findings to the rest of the region. The need to single out Honduras from the general knowledge of Latin America is combined with the need to challenge the negative impression of the country, especially after and regarding the 2009 political crisis. The research examines the process of democratization in Honduras, and the interactions between the state and civil society. The purpose of this research is to provide a different perspective on how civil society was impacted with the political crisis in 2009, exploring how the then criticized democratic means were useful for the indirect empowerment of civil society. It tries to discuss in detail, the nature of change in civil society, to the point of institutionalizing by forming political. 5 .

(11) parties based on their ideologies manifested initially by civil society groups. Also to outline how civil society has evolved by democratic means through analyzing its initial interaction with the State to eventually becoming a part of it. There is little done to provide a different perspective of the event that changed the course of democracy in 2009, and most of it focuses on the negative scope such as repression, stagnation of economy, cease of ODA4, and so on. Nevertheless, this research intends to explore the positive outcome, and to do so by looking at the transformation in civil society before and after the events of 2009. This research aims to augment to the literature focused on Honduras, and to bestow better understanding of its process to accomplish democratic consolidation. In addition, this research aims to expand the comprehension of Honduran democracy, 政 as a fundamental (but not the only) pillar of civil 治. 大立 society empowerment and its development in the political spectrum, regardless of ideology and. ‧. ‧ 國. 學. political orientation.. y. Nat. al. er. io. Research questions. sit. 1.2 Research Questions and Main Argument. n. v ni U e n g cthe h i study aims to explore the following As the research purpose mentioned above, Ch. questions: •. How has the process of over twenty years of democratization in Honduras changed the sector of civil society?. •. What has been the influence of democratic governance on Honduran civil society?. •. How has civil society been empowered to enhance democratic governance?. After the 2009 political crisis in Honduras, civil society was split into two extremes, the ones that favored the presidential impeachment and the opposition. The opposition favored former president Zelaya and his socialist ideals which he had been promoting during his 4 Official Development Assistance 6 .

(12) presidency and proliferating through his populist speech to the working class and the lowincome population. The criticism of democracy and democratic means rose louder than ever with the opposition, as they tried to devalue the State’s actions in the endorsement of democracy through mass strikes and violent demonstrations. As the State carried out with its democratic ways, the opposition had to find new ways to challenge democracy, and they did so by forming new political parties. In terms of new political party formation, some were in complete opposition as previously mentioned, and others represented the need to overcome historical bipartisanship in Honduras. This research intends to demonstrate how democratic governance has been the catalysis for civil society to transform itself into different political parties.. 政治. 大 As previously mentioned, Honduras changed its Constitution in 1982 in the expectation. 立. ‧ 國. 學. of fully democratic regimes. The elimination of militarized regimes being able to hold. ‧. presidency marked a new beginning not only for Honduras, but for the rest of Central America.. sit. y. Nat. Democracy cannot be easily measured, and in this sense, it can be left to its simple. er. io. interpretation of being a form of government by the people or as institutionalization of the. n. a. iv. l C n society and democratic regimes people’s power (Welzel 2009). The interactions between Ucivil h engchi. are subject to many studies. Analyzing the nature of change in civil society will help understand, regardless of the numerous flaws, how democracy permits rather than prohibits empowerment of the people. The changes from transition to consolidating a democracy create and/or limit opportunities for the people to shape their preferences in democratic governance. For a better understanding, not only democratization as a whole will be studied, but also the historical factors of democracy in Latin America and Honduras specifically.. 7 .

(13) 1.3 Literature Review. 1.3.1 Democratization Considering democratization, Welzel (2009) argues that it can be interpreted as not only the establishment of democracy in a non-democratic regime, but also as the strengthening of democratic qualities of a given democracy and the enquiry of the survival of it. This broadens the perception of democratization as a process of regime change, but it also includes the established democracy and the changes within itself. It can be appraised that the process of democracy is ongoing, as it builds up on its qualities without limitations in and of itself. He suggests that one of the basic conditions or quality is the balance of power between elites and. 治. the masses which leads to coordination of政 social movements. 大 Before going into further detail. 立. ‧ 國. 學. of social movements, the previously stated helps understand the intertwined relationship between power elites and civil society, keeping in mind that what is at stake is not only the. ‧. y sit er. io. disagreement between both.. Nat. governing of the people but also the management of resources; which can also be sources of. n. a. v. i effective state - civil society l C improvement nof Democratization as a continuous hengchi U. correlation, it brings with it modernization (Welzel 2009), as a constructive mean to strengthen the state through the empowerment of the people it represents. It can be considered as a cycle, the states provides the people with the necessary tools to develop, and through their development the State becomes more powerful in political, economic and social terms. Valenzuela & Valenzuela (1978) in their study provide an interesting evaluation between modernizing and dependent states, mostly looking at the economic implications of these, which give a broader understanding of what limits the state, but also making clear how it has an impact on not only the state but their civil society.. 8 .

(14) . Latin America Regarding Latin America, O’Donnell (1978) proceeds to explain what he denominates as a bureaucratic-authoritarian state; directly linking it to capitalism, however what is most important to the discussion in this research is how he goes about explaining bureaucraticauthoritarian states. Although this article was written before the change to democracy in Latin America; and specifically Honduras, some of the characteristics linger to the present day. Bureaucratic-authoritarian states according to O’Donnell (1978) are defined by five characteristics, but for effects of this research only two will be considered of high importance. The two characteristics are “political exclusion, in that it aims at closing channels of political. 政治. 大 them politically, not by means of access to the popular sector and its allies so as to deactivate. 立. ‧ 國. 學. repression but also through the imposition of vertical controls by the state on such. ‧. organizations” and “de-politicization, in the sense that it pretends to reduce social and political. sit. y. Nat. issues to technical problems to be resolved by means of interactions among the higher echelons. er. io. of the mentioned organizations.” Therefore, although through a democratic regime, a state. n. a. iv. l C as bureaucratic-authoritarian can of course share distinctive properties states through the Un h engchi. previously mentioned characteristics, and also these characteristics can be a cause for social movements. Even to this day, the history behind democracies in Latin America further the understanding of social class division and the clash between social groups; usually elites and masses, determined by not only social class but also political affiliation regardless of the inclusiveness of democracy (Desmond & Goldstein 2010). Another approach to understanding the arena of Latin American states is through its long lasting dependency that can be tracked from its history. Highly linked to what is known as the “resource curse”, it also helps understand how its socio-economic matters are directly associated with the management of these resources and how the state and the elites took part. 9 .

(15) in it, therefore adding to understanding the sources of the bureaucratic-authoritarian states (Desmond & Goldstein, 2010). The dependency perspective (Valenzuela &Valenzuela, 1978) helps bring more factors into context. Honduras In Honduras the discourse of social movements can always be traced back to the percipience of the inevitable social division and their interactions with the state; as some are perceived as being more influential and others rather forgotten or used to the advantage of the elites. In agreement with Desmond & Goldstein (2010), the limited political participation and protection of the masses is determined by the control of the elites and how they interact with the state. This is one of the main arguments of the opposition that emerged from the 2009. 政治. 大 regarding civil society. The state political crisis, and it will be further explained in the section. 立. ‧ 國. 學. and its institutions had to act upon democratic means to make use of a proper operation for the. ‧. removal of the president (Hochstetler, 2015), which used the legislative and judicial branch.. sit. y. Nat. These actions were made on behalf of maintaining democracy and preventing the chances of a. er. io. left-oriented regime, and it can be considered as a crucial point for the story of democratic. n. a. iv. governance in the country. However,l itCcan U n that these actions were based on h also be argued. engchi. corporatism; as is the perspective of the opposition. Some analyze the groups that supported the government institutions and their strategies to take these actions (Malloy, 1977). One thing is for certain after the presidential removal, the state now faced substantial legitimacy issues (Cavatoria, 2013) concerning regime and ideology and subsequently economic issues in the international spectrum. In contrast of providing ease to the ideology of democratization, it brought upon violent pluralism (Desmond & Arias, 2010), and by reaction, a few violent contingencies from the state’s legal pluralism. But this has not been the only time the Honduran state has had to respond in a repressive manner to violent manifestations of civil society, during the former presidency of Ricardo Maduro, he implemented what was known as “iron fist”. 10.

(16) (mano dura for its translation in Spanish), which was a reaction to the growing acts of gangs. Both of these state actions have been made through democratic means. Democratization is an ongoing process of establishing and improving democracy, and within this process states can only be expected to modernize. Considering modernization as a by-product of democracy, the state is expected to deliver accordingly, and to do so by enhancing productivity, education, income, technology, etc. for all of its population (Welzel, 2009), matter in which the Honduran State has failed to do throughout the years. The Human Development Index ranked Honduras in the 129th position out of 187 territories which demonstrates how the State seemingly has failed at providing its citizens with a decent living, however, when looking into the period of democratization in Honduras, the HDI incremented. 政治. 大 the positive change between by 33.9% from 1980 to 2013 (UNDP, 2014), marking. 立. ‧ 國. 學. demilitarization and democracy in the hands of civilians.. ‧. The expectancy of the state modernizing to provide better opportunities to its people is. sit. y. Nat. still in the hopes of Hondurans every time elections come up, having a mindset ready for change. er. io. magically handed to them, instead of becoming part of what needs to be changed.. n. a. iv. n Modernization consists of changing l some and values (Valenzuela & C h of the old Utraditions engchi. Valenzuela, 1978) in order to achieve a different state with different potentials, and of course this goes hand in hand with enhancing the economy. However as previously mentioned, for this to happen there needs to be more receptiveness and participation from the civil society. In this sense, traditional values predominate the idea of modernizing the society. It is necessary to keep in mind that the state is expected to provide security for all sectors, including itself, and this allows it to take legal actions to contain disorder, even if it means against social movements and violence provoked by it. Considering pluralism and the violence it brings, the state can only use its tools; usually armed by the police or military, in the hopes of maintaining social order (Desmond & Goldstein, 2010). This was the case during. 11.

(17) the manifestations after the political crisis in 2009, although the state tried to prevent violent outcomes, it had to face the violent forms of communication from the opposition, and it was through a display of its armed forces that it had to prove itself able to have legitimacy and control. 1.3.2 Civil Society Broadly understood, civil society is colloquially known as the people or masses that are not within the state but represented from it. Similarly, UNDP (2005) defines it equally, and adds that not only are they not the sate but neither the private industry. This emphasizes how they are neither the power elites nor the economic power in a State, therefore their struggle to be a driving force within a State is higher than the other sectors previously mentioned, and in. 政治大 a way it can be understood from this 立definition their disadvantage regarding their influence.. ‧ 國. 學. This should not be understood as if they have no influence whatsoever, instead as a limitation. ‧. to its effect. In the same report, it is mentioned how civil society works as “an arena of both. sit. y. Nat. collaboration and contention” (UNDP, 2005). Thinking of civil society as an arena for the State. er. io. and private sector, can also lead to thinking of the State as an arena for civil society and private. al. n. iv n C U are highly intertwined with each sector and vice-versa. The conditioning of h ealln gthese c h iactors other.. However, not being the state nor the private sector doesn't restraint the importance it can have in the interaction with the previously mentioned. As a matter of fact, the internal groupings of civil society are often the striving factors of change for the other sectors. Their organizations and groupings are based on the representation of specific if not general community interests; such as non-governmental organizations, associations, foundations, trade unions, academics and other forms of organizations (IDB). All sectors have generally the same goal; to achieve development, but the means to achieve it vary from sector to sector, therefore creating variations of expectations and tolerances of actions.. 12.

(18) Latin America The different classes in civil society are inevitable in any region of the world, and they fundamentally represent the difference between interests, segmentation, preference over state policies, etc. Latin America has had difficulty establishing equality and guaranteeing the most common basic needs to all of the population, despite of democratic regimes. The on-going fight of the people in Latin American states can always be historically traced; since the time of colonialism to the present day, to acquire civic freedoms among other entitled rights. Nowadays, the fight of civil society is for different reasons, but one similarity is inevitable: the people have always been sustained by power elites. Considering that putting a fight has been a continuous factor of history, violence in a way or another has been the strongest characteristic. 政治. 大 society exists in violence, but also of Latin America. This is important not only because civil. 立. ‧ 國. 學. because they often communicate through violence as well. Desmond and Goldstein (2010). ‧. conceptualize the region as “violently plural”, which clearly explains that not only states. sit. y. Nat. manifest through violence, but also the other sectors do as well.. er. io. Similarly, the state and any other sector; private sector or s sector of civil society, can. n. a. iv. work together and cooperate with one lanother C h in the opposition U n (with or without violent means). engchi. of a targeted sector (Cavatora, 2013), and when the interaction is between a group and the State; it can be considered as corporatism (Malloy, 1977). The different social divisions surge different alliances between sectors, and often end up by being the elites and the state repressing the opposing social class (Welzel, 2009). In the region, civil society has been both a supporter of democracy and its process, as well as supporter of authoritarianism (Cavatora, 2013). It is also important to consider not only the different groupings, but how civil society actually commits to one idea represented by a group or actor, specially when it appeals to nationalism and/or national identity (Lambert, 2006). When it regards Latin America, not only. 13.

(19) pluralism plays an important role in civil society, in addition populism is important to understand the discourse (Malloy, 1977). Honduras Previously mentioned about civil society, the different social divisions give room to pluralism; regardless of the type of segregation or differentiation between classes, coexisting in democratic settings. In addition, every sector although having different goals will have competitive relations with and between each other (Cavatora, 2013), and this can be one of the general characteristics of Honduran civil society. The economic disparity marks the highest of all disparities in Honduras, having an income inequality of 46.8% and an economic inequality of 29.6% (UNDP, 2014). This helps have a clearer perception of the context in which civil. 政治. 大 society struggles day to day in Honduras, and it helps understand the surge of activism in civil. 立. ‧ 國. 學. society, as a call for safeguarding and promoting the defense and need of their civil rights.. ‧. Contrary to the belief that democratization provides the necessary civic freedoms that. sit. y. Nat. permit the state to have its preferences oriented to successfully governing the general public. er. io. (Welzel 2009), the groupings within civil society and their activism can not only be considered. n. a. iv. n to promote democratization, as they lcan of democratic process and C hbe formed in Uopposition engchi. intended to have an effect upon state policies (Cavatora, 2013), in the sense that they mostly feel underrepresented and in the need to stand up for themselves. In addition to the inability of the state to provide for everyone and in view of the activism that comes from it, some groups within civil society instead of acting through peaceful ways, often act through violent dispositions and use it as the base of their organization (Arias & Goldstein, 2010), becoming vigilant to the state’s weakness’ and inequalities to its citizens. This is one of the major, if not the most important, of the characteristics of the opposition formed in Honduran civil society after 2009. The perception of unfairness in the destitution of former President Zelaya, along with the already established force of populism and collective action created an opposition of. 14.

(20) considerable size, that had not only the people suffering social and economic disparity, but also from many other organizations within civil society. The pontificate populism of Zelaya was based on the aberration of economic gap and lack of opportunities for the people; making use of national identity since he is from the rural area, attracting therefore the working class and most segregated groups of society. National identity is one of the oldest tools for social actors to gain influence and power, as well as to keep it (Lambert, 2006). The National Front of Popular Resistance (FNRP for its words in Spanish) which supports former president Zelaya, was rapidly formed and manifested violently time and time again. The dichotomy between civil groups and uncivil groups can be examined through their actions and its effects on national level policies (Arias & Goldstein, 2010), and through an in-. 政治. 大 society after 2009 the distinctions depth examination of the FNRP as the strongest actor of civil. 立. ‧ 國. 學. between their actions will become clear.. ‧. The activism of civil society is not limited to just grouping, in addition it can become. sit. y. Nat. so strong that it has the momentum to expand or integrate into another sector (i.e. the State),. er. io. forming with their ideology new political parties, like in the case of Honduras after the first. n. a. iv. l C resulted of four new elections post-2009 political crisis, which U n political parties (Process Digital, h engchi. 2012). The consulted work makes it possible to understand the individual sphere of a democratic state and civil society, as well as interactions between sectors. Thus explanations for each sector may have similar goals, the means for each to reach vary deeply in their own context, and can easily translate into clashes among them. General conceptualization makes it possible to understand the region of Latin America and to specifically look into Honduras. The research will go in depth to examine the interaction of arenas from democratic governance and the change of civil society.. 15.

(21) 1.4 Research Method and Analytical Framework The research method used in this thesis is qualitative method; making analytical use of an extensive amount of literature. The focus is the case study of Honduras, exploring its democratic governance effect on civil society. The materials are rather important when it comes to studying the democratic governance, especially the event of the 2009 coup d’etat, as it has contributed to the changing nature of civil society. Scholarly articles, studies, journals and also newspapers and public opinion enquiries will be used as forms of data collection to understand the different points of view regarding democratic governance and the actions of civil society. The collection of these give a wider range perspective on the expectancy of results regarding specific events or actions, however it. 政治大 also challenges the generalizations of 立expectancy in the view of how an event truly developed.. ‧ 國. 學. Therefore, the data has to be thorough enough to provide room for in-depth analysis of not only. ‧. expectations and reality, but furthermore explanations of the outcome.. sit. y. Nat. The use of a chronicle timeline will provide an easier follow up of the sequence of. er. io. events in the case study, not only for historical reasons, but also to evaluate the change and. al. n. iv n C conditions produced from it to the variables h eimportant n g c h i toUthe research.. The implementation of a case study is not only important for understanding the context in which a State operates, but also for further research as a tool for comparative perspectives and understanding between different cases and/or regions. The comprehension of the impact caused by democratic governance in general gives room to the expectation of an accelerated boost of well-being provided by a state to all of its population. Democracy has been sought as the solution to oppression, poverty, violent conflict, etc., however, the reality varies widely in the context of each State. Guidelines regarding democratic governance will be used as a supporting material for identifying key elements that broaden its understanding.. 16.

(22) The expectation of a civil society to obtain the known benefits of ideal democracy is highly crucial to the interaction between them and the State. Considering democracy as an ongoing process of presumed development in all sectors of the state and specially in human empowerment, the fixed idea works not only as political speech and goals within government institutions, but also as speech of the already tired-of-expecting masses in an attempt to challenge the State. This research proposes that the democratic governance in Honduras, although on-going for over two decades now, is still a work in progress aimed to stabilize or acquire democratic consolidation, and in that process the expectations of civil society change into major significant groupings within itself; manifesting in defense of their civic freedoms. Therefore, as the state. 政治. continues to undergo democratization, the process itself 大 has caused some of the groups in civil. 立. ‧. ‧ 國. 學. society to oppose, and rather attempt for non-democratic solutions.. er. io. sit. y. Nat. Analytical framework. The comprehension of Honduran democratic governance is highly important for the. n. understanding of the arena in whicha the State makes use ofvits tools in public administration. i l C hengchi Un and in benefit of the common wealth. For a better understanding of democratic governance, the definition used by Freedom House regarding National Democratic Governance will be used, and it interprets it as “democratic character and stability of the governmental system; the independence, effectiveness, and accountability of legislative and executive branches; and the democratic oversight of military and security services”. In addition to its definition, there are five key questions and sub-questions to each that denote the guidelines of National Democratic Governance (Freedom House) and they are the following:. 1. Is the country’s governmental system democratic? 2. Is the country’s governmental system stable? 17.

(23) 3. Is the legislature independent, effective, and accountable to the public? 4. Is the executive branch independent, effective, and accountable to the public? 5. Are the military and security services subject to democratic oversight?. Each questions leads to a separate set of questions that further the conception of each, which will broaden the discussion for democratic governance. The research provides an overview of the democratic transition process, as shown in Figure 1.1 in a historical approach, analyzing the important events during this process and the results from it. Therefore, a part of the analysis in the research will be focused on the State and its democratic transition. The top-down perspectives aim to explain the resources to maintain. 政治. democracy, social order, etc., and the management of 大 the resources as well. This approach. 立. ‧ 國. ‧. plays an important role.. 學. amplifies the understanding of the State and its tool, and within that context, institutionalism. sit. y. Nat. In a general overview, Hall & Taylor (1996) define institutions as “formal or informal. er. io. procedures, routines, norms and conventions embedded in the organizational structure of the. n. a. iv. polity or political economy”, and alsol define C h institutionalism U n as “the role that institutions play. engchi. in the determination of social and political outcomes”. Institutionalism can be divided into three school of thoughts; historical, rational choice and sociological institutionalism, and for effects of this research, the focus will be on historical institutionalism. The State; under a historical institutionalist viewpoint, is a system of institutions with the ability to shape the nature and results of group conflict. Another important remark from historical institutionalism is its apprehension that an idea can have an important political effect possibly on the development of institutions and their operation. Path dependency is generally used as a tool for historical institutionalism, emphasizing its need in this research.. 18.

(24) Figure. 1.1 Democratic Timeline of Honduras. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. i Un. Ch. v. e n society, g c h i grasping its characteristics, divisions Subsequently, the focus turns to civil within, as well as their responsiveness to the State actions. For the strongest new political parties, a brief historical summary of their formation concerning ideology, struggles, etc., will explain their view of the State and its governance reflected on their needs and freedoms. This will also enlighten the understanding of the change in the formation of groupings within civil society, and the causes of their demands and manifestations. The previously mentioned is bound to be seen from a bottom-up approach, as the main actors are civil society groups that are and have been prone to pass judgment and take collective actions in specific events. The institutional approach also plays a role in this analysis, considering it focuses on power relations not only of the State, but also with and to other. 19.

(25) groups. According to Thelen and Steinmo (1992), institutional context includes characteristics such as “the rules of electoral competition, the structure of party systems, relations among various branches of government and the structure and organization of economic actors like trade unions”, features which will help develop the interaction between the State and other actors. For both approaches, the most important contemporary event is the 2009 coup d’etat, which depending on the perspective of analysis can be considered as presidential impeachment or democratic breakdown. Either way, this event is highly defining for the understanding of the interaction between the State and civil society, in addition it marks the most notorious change in the nature of civil society’s organization. Institutional dynamism (Thelen & Steinmo,. 政治. 大 change in power these elements 1992) can be a result of political or socioeconomic context,. 立. ‧ 國. 學. can result in change in goals or strategies caused by external changes, and institutional change. ‧. caused by political strategies. The change in institutions help understand each side’s. y. sit er. io. struggle.. Nat. perspective, as well as the moment these approaches collide and the result of the political. n. a. iv. l C Overall, as illustrated in Figure 1.2, h the analysisUisnfocused on democratic governance, engchi. the state and civil society, with specific and relevant characteristics for each of the mentioned.. 20.

(26) . Figure 1.2. Analytical Framework. State • Demilitarized Constitutional Engineering. ‧ y. Nat io. sit. Democratic Governance. n. al. er. • 2013 Presidential Election. ‧ 國. • 2009 coup d'etat. 學. • Top-down approach • Government Institutions: • National Congress 政治大立• Supreme Court of Justice • Armed Forces. Ch. engchi. 21. i Un. v. • Bottom-up approach • Forms of organization (political parties): • Libertad y Refundacion • Partido Anti Corrupcion • Alianza Patriotica • Frente Amplio Politico Electoral en Resistencia Civil Society.

(27) Chapter 2 Constitutional Engineering and Civil Society Empowerment. A Constitution is defined as a structure of fundamental principles or an established guideline through which a State governs. This body of law defines the appointed framework for the system it represents, as well as the institutions and division of powers (legislative, executive, and judicial). A Constitution determines whether it will function through presidentialism or parliamentarism, thus being of almost basic knowledge to how a State is governed. It also includes fundamental guidelines for either system mentioned previously, denoting its limits and general roles. That could be considered as the first division of power; whether the State is governed through presidentialism or parliamentarism.. 政治. 大 through a Constitution is the The second part of the division of power established. 立. ‧ 國. 學. branches of its government. The legislative whose main role is the creation of laws, the judicial. ‧. which construes on them, and lastly the executive in charge of their implementation. The. y. sit er. io. a State.. Nat. defining of the roles of these government branches is intended to preserve the functionality of. n. a. iv. l Ca system and its ndivision of power and the general In addition to the defining of U h engchi. dispositions of the State, a Constitution specifies territorial delimitations, political division within a nation, the rights and guarantees for its citizens and foreigners, and also special organizations which can range from political parties to financial and economic regimens, as well as the State’s security and its tools.. 2.1 Constitutions and Civil Society The Constitution of a State can be understood as its core values and intentions; a blueprint of how not only the State is conformed and structured, but also of its interaction with its people and how both subsist.. 22.

(28) The Greeks used the term “politeia” to refer to a Constitution, and it specified the political and social order and its relationships within a “polis”; it implies citizens and the State’s administration. Polis was the term for a state, and its sense of community. Since the time of great political philosophers such as Plato and Aristoteles, the relationship between a State and its citizens has been furthermore than just a set of rules or laws to control the people. From the time of classical Greek civilization, the understanding of civil rights has always been present, and although in that time it tended more to excluding rights to certain sectors of its citizens, the politeia intended to include what it defined as citizens and to do so by having a hearing of their opinion and granting them a vote in matters regarding the State. For the argument of how a Constitution can empower civil society, it is important to. 政治. point out what has changed historically. For instance, the大 classical Greek civilization period at. 立. ‧ 國. 學. the time excluded women, minors, slaves and foreigners of what it considered as citizens.. ‧. Although not considered citizens with a political weigh, women had a defined role within these. sit. y. Nat. societies such as maintaining the household, retrieving water, fruits and vegetables, and of. er. io. course, child baring. Women in Greece acquired the right to vote until 1952 passed by law, and. n. a. iv. l C in 1975 established furthermore, the change of Constitution U n that men and women are equal h engchi. before the law. This Constitution also defined the form of government as a presidential parliamentary republic. Civil rights were not always equitable and were always subject to their Constitution, therefore setting limitations for civil society. Changes in constitutions can empower civil society, in the expectancy that these changes are done progressively with the needs of the State and the people, and specially in a restrictive society. Constitutions therefore, have been present in formed societies since ancient times, not by the name of “constitution” but instead often referred to as covenants, agreements or instruments, and these were always utilized as a body of laws for the represented State and a framework for its government. Sartori (1994) pointed out that it was until 1776 in the United. 23.

(29) States of America were the first written constitutions as we now know them, were established in Pennsylvania, Maryland and Virginia. These consisted of a bill of rights and a government frame, and in 1789 the first Congress of the United States proposed a bill of rights and it was written in the federal constitution “under the form of its first ten amendments in 1971” (Sartori,1994). To reaffirm what has previously been stated, not only was this moment in US history defining for civil rights, but also for the separation of power; bringing about institutions for the branches of State, and inherently; also a clear distinction between the President and the Congress. The United States’ constitution surely has been almost like a model for other State’s, setting an example of what could be included in a government’s framework.. 政治. 大 power distribution, but it also Not only do constitutions define the government’s. 立. ‧ 國. 學. balances the power between the State with the power of the people. The creation of necessary. ‧. rules dates from ancient history as has been previously exemplified, and written constitutions. sit. y. Nat. to which States nowadays abide from are crucial to the understanding of its interaction with. er. io. civil society. Therefore, changes made to constitutions are highly imperative to the people,. n. a. iv. l Cstate’s institutionsndirectly involved. their civil rights and for the some of the U h engchi. To grasp a better or perhaps simpler understanding of the expected results of a constitution, and taking in consideration that here and after the main focus is ultimately on the present democratic regimes, reference to democratic governance can be made at this point. From a top-down perspective, constitutions define the system and distribution of power to govern, providing guidelines, rules, extensions and limitations to the State’s branches and governor. Going back to the Freedom House’ checklist on National Democratic Governance, reference to their first broader question must be made; “Is the country’s governmental system democratic?” And from the follow up questions, direct implications of Constitution-established. 24.

(30) rights are made, such as “Does the Constitution or other national legislation enshrine the principles of democratic government?” The former question is a reassertion of the framework of governing a constitution should provide, therefore clearly being the most essential tool for the governmental system. Another of the follow up questions also supports the previously mentioned; “Is there an effective system of checks and balances between legislative, executive, and judicial authority?” The defining of the State’s branches is necessary as much as is the system of checks and balances between these, to provide equity and harmony between them. Needless to go into further detail, it can be established that the branches of the state function as a cycle that supports the foundations of any governing system. The interaction among them is imperative not only. 政治. 大 in a constitution that include other to the system, but also for the rest of the rights established. 立. ‧ 國. 學. institutions and of course civil society.. ‧. In the importance of a constitution from the top-down perspective, these questions. n. a. er. io. guarantees for the representatives of the state.. sit. y. Nat. frame the system and its branches, and it also establishes the requirements, statutes and. iv. n The checklist continues with ltwo that aim specifically to the C hother broaderUquestions engchi. branches of a state, and they are “Is the legislature independent, effective, and accountable to the public?” and “Is the executive branch independent, effective, and accountable to the public?” Regarding the legislature, it subsequently asks “Does the legislature have autonomy from the executive branch?” denoting the importance of the branches functioning individually creating a combined harmony with their individuality. Also both of the inquiries directly include the weight of liability to the citizens. The most relevant follow up question for the executive articulates: “Is the executive branch’s role in policy making clearly defined vis-à-vis other branches of the government?” which indicates and supports the argument of the outlining of responsibilities of the branches. Interestingly enough, the checklist omits any reference to the. 25.

(31) judicial branch, and although highly relevant in the functioning of a governmental system, the focus here and in constitutions are mostly oriented to point out the presidential and congress role in a state. However, constitutions are not meant to be directed only for the governing system, but also for the people it represents. In consonance with the what a democratic governmental system should provide, another of the approaches to be explored is the bottom-up perspective. Not only are basic civil rights imperative in a constitution, but also the rights citizens have in having participation in the system. As established previously, the ultimate type of system to be analyzed in this research is democratic, and because democracy in itself is meant to be citizen inclusive, it is changes in a state from exclusive regimes or variations of democracy to a better. 政治. 大 how its citizens are empowered by or established democratic constitution change that indicates. 立. ‧ 國. 學. it.. ‧. Under the first enlisted broader question about a country’s democratic governmental. sit. y. Nat. system, there is a question that will be used to analyze civil society’s rights. The question to be. er. io. explored in this perspective: “Is the government open to meaningful citizen participation in. n. a. iv. l C in practice?” In nalignment with the democracy, the political processes and decision-making U h engchi. understanding of the people being included in the decisions of a government is through their participation, which in a voting process becomes the representation of civil society’s choice. A constitution therefore, should include the right to vote as well as the specifications of elections and the political process. The right of suffrage is specified in the vast majority of constitutions, and Figure 2.1 shows every country’s constitutional interpretation in 2015, with the exception of United Arab Emirates and Libya which lacked the necessary data. This world image also demonstrates that Saudi Arabia and Brunei do not include universal suffrage. Considering that the right to vote should not be gender exclusive, instead ensured to all its citizens, the map makes reference to. 26.

(32) gender equality in the voting process. The rest of the countries include suffrage and are specified between gender rights to vote, ranging between aspirational to definitely guaranteed as detailed in the legend.. Figure 2.1 World Suffrage. 立. 政治大. ‧. ‧ 國. 學. n. er. io. sit. y. Nat. al. Ch. engchi. i Un. v. Although gender equality or discrimination is not a topic of discussion in this research, it provides an important parameter in the inclusiveness of citizen rights. However, this research will focus on civil society as a whole, without further detail on gender equality. The citizen participation through vote is intended to guarantee that the governmental system is chosen in accordance to the inclusion of more than half of the population represented. Having a choice in elections is one of the privileges in contemporary constitutions, as opposed to being enforced to be governed by a system and a ruler without a choice. It becomes then an issue of citizens having the power to change the course of the country through elections. 27.

(33) However, when it comes to taking in consideration suffrage and its ability to change the governing of a state, one is left to wonder how much of a choice is presented to civil society through elections. This will be further explored shortly. Now that it has been highlighted that the framework of a government lies in its constitution, and that the citizens of a state are empowered through their rights of suffrage, the next step is to look into political participation. Another of the broader question of National Democratic Governance (Freedom House, 2015) enquires “Is the country’s governmental system stable?” Interestingly enough, most of the follow up questions lead the interpretation of the people’s perception of their government. The questions regarding this matter are the following: “Is there consensus among political groups and citizens on democracy as the basis. 政治. of the country’s political system?” and “Do citizens 大 recognize the legitimacy of national. 立. ‧ 國. 學. authorities and the laws and policies that govern them?”. The stability of a country then, resides. ‧. with the accountability citizens have on their governing system, in the assumption that the. sit. y. Nat. systems provide to the people the necessary tools to stand up for what they believe is correct.. er. io. Generally, elections are a good-enough parameter for civil society to pronounce themselves. n. a. iv. towards the political system through ltheir C hvote. This research U n explores the possible impact of. engchi. it for civil society, as an overdue effect of change in a constitution.. 2.2 Constitutional Engineering in Latin American Constitutions Constitutions are subject to change, specially within long periods of time. Although nowadays most constitutions change in terms of amendments and reforms, a complete change of constitution is also possible. A constitution can be considered the basic foundation of a state, therefore it can be expected to have all the necessary outlines of governing, creating the rules of the game for a country. With time, change is inevitable, however constant change in or of a constitution can create the sense of weakness of its guidelines, losing legitimacy for the citizens.. 28.

(34) Analyzing the reasons of change is by far more important than just making a legitimacy assumption, and it provides a better insight of what is being researched. In comparison to other continents, Latin America is known for having the most changes of constitutions from the time of independence to present day. Constitutions in Latin America date from the 1800’s, namely with the foundation of the countries, and have had several periods of change. Roberto Gargarella (2014) consider the periods of change as waves, and proceeds to explain them as follows: (1) 1850 to 1910, constitutions in the region were new and had liberal-conservative focus as a result of the groups in power, (2) 1910 to 1950, the constitutions started to change; becoming concerned with social needs and integration, and was highly influenced by Mexican revolution, and lastly and most important for this research is (3) 1950. 政治. to 2010 the change was and remains focused on human大 rights and multiculturalism. The last. 立. ‧ 國. 學. wave and the new focus on constitutional change is the product of dictatorships, military coups. ‧. and juntas, and failed presidential terms. The need to include human rights in constitutions. sit. y. Nat. demonstrate the oppression of civil society, and these changes can be considered to empower. er. io. society as a whole without discrimination. Dictatorships and military coups form a big part of. n. a. iv. the story of Latin America, and it will lbeCexplored in further U n detail in Chapter 3 of this research. h. engchi. Gargarella (ibid) emphasizes that the now democratic regimes at the same time started to implement neoliberal economic measures; and he argues “the economic changes of the era provoked an economic and social crisis that drove the introduction of new legal reforms.” Because most of the states were taking reduction measures, unemployment was a consequence which gave way to sectors of civil society to be marginalized from the working force. These situations were the catalyst for social mobilization, and demand from the citizens for changes in the constitution, and therefore many of the contemporary constitutions of Latin America have social guarantees.. 29.

(35) Venezuela has had 26 constitutions, Ecuador 20, Haiti 24 and Dominican Republic 32, to name the most astonishing examples. From another perspective, an article from the Council on Hemispheric Affairs (2014) remarks a major difference between USA and Latin America by quoting Marshall C. Eakin whom pointed out “North Americans have historically delegated power to their leaders, while Latin Americans up to the present still prefer to deliver power to their leaders”. This statement is made in the attempt to explain a reason for constitutional change as a mean to expand executive power; and on that note, mostly done to prolong presidential terms and/or to allow reelection. On that account, the attention can be drawn to how presidents go about trying to extend their presidential periods through constitutional change, and how does civil society react to it.. 政治. 大 that protect the constitution as a And in addition, according to Negretto (2008) “Institutions. 立. ‧ 國. 學. higher law may have a similar effect by making constitutional change difficult or by creating. ‧. an informal mechanism to adapt the constitution to changes in the political, social, or economic. sit. y. Nat. environment.” Thus institutions become key contenders to not only the durability of a. er. io. constitution, but also to its changes. Considering this from a historical institutionalist point of. n. a. iv. l C an effect of the ndevelopment of institutions and how view, a political idea for change can cause U h engchi. these operate, and in this context, changes in or of a constitution are pertinent. From the Latin American experience, change in constitution is furthermore than just their accommodation with time. Considering that constitutions define the separation of power since the beginning of its creation, changes of or within. Taking in civil society’s need in the contemporary constitutions has not been enough. Although power has been established in the constitutions, most of them neglect bearing in mind the need to change institutions to adapt to the new alterations. This demonstrates the perception of Latin America having weak institutions; not only were some formed in times to benefit elites or groups in power, but after their creation, most institutions were left unimproved and accountable for new expectations.. 30.

(36) Steinmo and Thelen (1992) point out that “political struggles are mediated by the institutional setting in which they take place.” For sure the changes are made to fit some of the social needs present at the time, but the institutions in charge of executing such changes most of the time fail to provide and cope accordingly with the new needs because institutions themselves have lacked the necessary change. A constitution can have everything it needs to provide civil society with guarantees for their needs, however the extension to its reach is sometimes limitations of its institutions. Gargarella (2014) explained this peculiarity of constitutional changes in Latin America when he aforementioned “The new constitutions need to make consistent the organization of powers with the new social impulses that they incorporated through the bills of rights sections of the documents. In other words, in order to. 政治. introduce social changes in the constitution, one needs 大 to primarily affect an organization of. 立. ‧ 國. 學. power that was designed for old, elitist nineteenth century societies.” The dynamics between. ‧. constitutional change and institutions represent another challenge for the State, and can cause. er. io. sit. y. Nat. new socioeconomic or political crisis as much as it can resolve them.. n. a. iv. l C Society in Honduras 2.3 Constitutional Engineering and Civil Un h engchi. Since the foundation of Central America as a federation to the complete independent states of Central America, Honduras has had 18 different constitutions. The previous section explains the generalities of the Latin American changes in constitution, and although most of these factors are applicable for most of the countries, this section will look into the differences from Honduras and the rest of the Latin America. The main argument is to demonstrate how the latest change of constitution provided a framework that empowered civil society, can be considered as an indirect and latent change.. 31.