Issues in relation to which referendums are optional at the national level

Political Constitution of 1982 (Constitución Política de 1982)with amendments in 2012

https://www.constituteproject.org/constitution/Honduras_2012.pdf

Article 5

The government must sustainitself on the principles of participatory democracy, the

self-determination of peoplesand democratic participation, from which the national integration

derives, which impliesparticipation of all political sectors in the Public Administration, political

stability and social peace.

To strengthen democraticrepresentation, the referendum, the plebiscite and the citizen initiative oflaw are instituted as mechanisms of citizen participation.

The referendum will beconvoked concerning on Ordinary Law or an adopted constitutional norm or itsreform for its ratification or [its] disapproval by the citizenry.

The plebiscite will beconvoked by soliciting of the citizens a decision concerning constitutional,

legislative or administrativeissues, concerning which the Constituted Powers have not made a

previous decision.

Citizen’s initiative &Optional referendum

The referendum and theplebiscite may be realized at [the] national, regional, sub-regional,

departmental and municipallevel.

[The following] haveinitiative to solicit the referendum or the plebiscite:

1. At least two percent (2%)of the citizens inscribed in the National Electoral Census, in accordance withthe datum that must be periodically provided by the Supreme Electoral Tribunalto the National Congress;

2. At least ten (10) Deputiesof the National Congress; and

3. The President of theRepublic by resolution of the Council of the Secretaries of State.

The National Congress musttake cognizance of and discuss such petitions, and if it approves them, it mustadopt a Decree which determines the limits of the consultation, [and] order theSupreme Electoral Tribunal, to order, to organize and to direct theconsultation of the citizens.

The percentages forlegislative approval of the citizens consultations are determined according tothe subject to be consulted in accordance with this Constitution, by simplemajority of the totality of its members when it concerns ordinary laws andmatters, [and] the two-thirds part of the totality of its members when itrefers to constitutional matters.

A Special Law adopted by thetwo-thirds part of the totality of the Deputies of the National Congress mustdetermine the procedures, requirements and other aspects necessary for theexercise of the mechanisms of citizen participation.

It corresponds uniquely to theSupreme Electoral Tribunal to convoke, to organize and to direct the citizenconsultations.

The citizen consultations musthave precedence on the same date as the general elections.

The exercise of suffrage inthe citizen consultations is obligatory.

The result of the citizenconsultations is of obligatory compliance if at the least fifty-one percent

(51%) of the total of theparticipation in the last general elections agrees [to it]; and, if theaffirmative vote obtains the majority of valid votes.

The Special Law must determinethose having initiative to solicit the convocation to a citizen

consultation when it is not ofnational level, as well as the percentage of participation necessary for it tobe valid.

The Supreme ElectoralTribunal[,] once establishing the official result in the time that the SpecialLaw specifies, must report [informar] to the National Congress in a time of ten(10) days concerning the result of the consultation. The National Congress mustadopt a Decree ordering the implementation of the norms that result from thecitizen consultation.

If the initiative submitted toconsultation is adopted, the sanction will not be necessary nor [will the] vetoof the Executive Power proceed[;] in consequence, the National Congress willorder the

publication of the normsadopted. The norms may only be abrogated or reformed through the same processas their adoption.

[A] consultation concerningthe same subject may not be realized in the same nor in the following

term [per?odo] ofGovernment.