Micheletti's Proposal To Arias Mediation

San José, July 19, 2009 Your Excellency, Mr. Oscar Arias Sánchez, President of the Republic of Costa Rica Mediator in the case of the situation in Honduras San José Excellency: I have the honor of greeting you to make reference, in the most attentive manner, to the suggestions contained in seven points, originally proposed by you to the delegations of the Republic of Honduras and the representatives of Mr. José Manuel Zelaya Rosales, presenting to you on said basis, our observations, and proposing to you the following text: We recognize that the return to Honduras of the petitioner, citizen José Manuel Zelaya Rosales with all constitutional and international guarantees is an important part of an overall agreement that would determine the matters that must be resolved to give effect to our Constitution and Democracy within the framework of the rule of law. Our position is inspired in the concept of one Republic, rather than the image of a divided State and society. First, the return to Honduras of petitioner Mr. José Manuel Zelaya Rosales with all necessary guarantees to exercise his rights to due process before the competent jurisdictional organisms of the Judiciary Power. Second, the strengthening of the democratic order and respect for the separation of powers, through the formation of a government of national unity and reconciliation, made up of members of the political parties and sectors of society, based on requirements of capacity, merit, fitness and ethics, that will defend the national sovereignty and combat drug trafficking. Third, the guarantee of the effective compliance with the rule of law and the rejection of corruption and impunity, insuring the respect for the professionalism of the National Police, whose rotation must be carried out in strict accordance with the terms of its special legislation. Consequently, the integrity of public funds must be preserved and such funds as may have been purloined and illegally utilized must be returned. With this same purpose, the budget recently approved by the National Congress must be respected.

Fourth, a truth commission must be constituted that, for the Honduran people and the international community, identify all acts, evident and notorious events and circumstances that led to the current situation, both during the period prior to June 28, and afterward.

Fifth, the possibility of advancing the date for the national elections, already set, in accordance with the dispositions of the Supreme Electoral Tribunal, in consultation with the presidential candidates. Sixth, placing the Armed forces and the National Police under the control of the Supreme Electoral Tribunal, four months prior to the elections in order to guarantee the transparency, freedom and normality of the electoral process, which is a priority for our national security, according to the Constitution of the Republic of Honduras, and to the Elections and Political Organizations Law. The professionalism and functions of the Armed Forces must be respected and insured in accordance with the Constitution of the Republic, and any rotations must take place in strict compliance with the terms established in the Law Establishing the Armed Forces. Seventh, the integration of a verification commission composed of notable Hondurans to monitor compliance with these accords and provide periodic reports to the people of Honduras and to the international community. The agreements that we have proposed must be submitted to the consideration of the Judiciary, the Legislature, the Supreme Electoral Tribunal and other competent public organisms. All parties agree to respect the agreements and not to submit them to public comment. I take this opportunity to renew my assurances of my highest and distinguished consideration. Carlos López Contreras Secretary of State in the Bureau of International Affairs of the Republic of Honduras