Title II. Nationality and Citizenship
Chapter I. Hondurans
Honduran nationality is acquired by birth or by naturalization.
The following are Hondurans by birth:
- Persons born within the national territory with the exception of the children of diplomatic agents;
- Children born abroad to a Honduran father or mother by birth;
- Persons born on board Honduran vessels or aircraft of war, and persons born on board merchant vessels while they are in Honduran territorial waters; and
- Infants of unknown parents found in Honduran territory.
The following are Hondurans by naturalization:
- Central Americans by birth who have resided in the country for one year;
- Spaniards and Ibero-Americans by birth who have resided in the country two consecutive years;
- All other foreigners who have resided in the country more than three consecutive years; and
- Foreigners who have obtained naturalization papers decreed by the National Congress for extraordinary services rendered to Honduras;
- Immigrants forming part of selected groups brought in by the government for scientific, agricultural or industrial purposes, who after one year of residence in the country fulfill the requirements of law; and
- Foreigners married to Hondurans by birth.
In the cases referred to in numbers 1, 2, 3, 5, and 6, the applicant must previously renounce his nationality and indicate his desire to obtain Honduran citizenship before the competent authority.
Where there exists a treaty on dual nationality, the Honduran seeking to obtain foreign nationality shall not lose his Honduran nationality.
Likewise, the foreigner shall not be required to renounce his nationality of origin.
While he resides in the territory of Honduras, no Honduran by birth may invoke any other nationality.
No naturalized Honduran may hold official positions in representation of Honduras in his country of origin.
Neither marriage nor its dissolution shall affect the nationality of the spouses or their children.
No Honduran by birth may be deprived of his nationality. This right is reserved by Hondurans by birth even when they acquire another nationality.
A Special Law entitled the Law of Nationality shall regulate all that related to the exercise of political rights and of all that considered pertinent on this subject.
Honduran nationality by naturalization is lost:
- By naturalization in a foreign country; and
- By cancellation of the naturalization papers in accordance with law.
CHAPTER II. Foreigners
Foreigners are bound to respect the authorities and obey the laws from the time they enter the territory of the Republic.
Foreigners enjoy all of the same civil rights as Hondurans with the restrictions as may be established by law for reasons of public order, security, or social interest.
Foreigners are also subject to the same regular and special taxes of a general nature to which Hondurans are subject, in accordance with law.
Foreigners may not engage in political activities of a national or international character in the country, under penalty prescribed by law.
Foreigners may not file claims nor demand indemnity of any kind from the State, except in the manner and in the same cases in which Hondurans may do so.
They may not resort to diplomatic channels except in cases of denial of justice. For such purposes a decision that is unfavorable to the claimant is not to be taken as a denial of justice. Persons who contravene this provision shall lose their right to reside in the country.
Within the limits established by law, foreigners may only hold positions in teaching the sciences and the arts or render technical or advisory services to the State, when there are no Hondurans who can fill these positions or render such services.
Immigration shall be conditional to the social, political, economic, and demographic interests of the country.
The law shall establish the requirements, quotas and conditions for the entrance of immigrants into the country, as well as the prohibitions, limitations and penalties to which foreigners shall be subject.
CHAPTER III. CITIZENS
All Hondurans over eighteen years of age are citizens.
The following are rights of citizens:
- To vote and be elected;
- To be a candidate for public office;
- To form political parties; to join or renounce membership from them; and
- Those others recognized by this Constitution and other laws.
Citizens on active duty in the Armed Forces and State Security Forces may not vote, but may be elected to office in cases not prohibited by law.
Every Honduran is bound to defend his country, to respect the authorities and to contribute to the moral and material support of the nation.
Every Honduran must be registered in the National Registry of Persons.
The following are duties of citizens:
- To obey, defend, and observe compliance with the Constitution and the laws;
- To obtain an identity card;
- To exercise the right to vote;
- To discharge the duties of popularly elected office, except when excused or upon resignation for just cause;
- To render military service; and
- All other duties required by this Constitution and the laws.
Citizenship is suspended for the following reasons:
- By commitment to prison decreed for a felony;
- By final conviction imposed for a crime; and
- By judicially decreed interdiction.
Citizenship is lost:
- For rendering service in time of war to enemies of Honduras or their allies;
- For aiding, against the State of Honduras, a foreigner or foreign government in any diplomatic claim or before an international tribunal;
- For holding employment of a military or political character for a foreign nation in the country, without permission of the National Congress;
- For restricting the right to vote, falsifying electoral documents, or using fraudulent means to defeat the popular will;
- For inciting, promoting, or abetting the continuation in office or the reelection of the President of the Republic; and
- In the case of naturalized Hondurans, for residing outside the country for more than two consecutive years without prior authorization by the Executive branch.
In the cases referred to by numbers (1) and (2), the declaration of the loss of citizenship shall be made by the National Congress on the detailed record prepared for such a case. For numbers (3) and (6), the declaration shall be made by the Executive branch through a governmental resolution, and for cases (4) and (5) the declaration shall also be made by a governmental resolution, based on a prior conviction by a competent court.
Citizenship is restored:
- By confirmed dismissal of the charges;
- By final judgment of acquittal;
- By amnesty or by pardon; and
- By serving the sentence.
CHAPTER IV. Suffrage and Political Parties
Suffrage is a right and a public duty.
Voting shall be universal, obligatory, egalitarian, direct, free and secret.
Every act whereby participation by a citizen in the political life of the nation is prohibited or limited is declared punishable.
The system of proportional or majority representation in those cases determined by law shall be adopted to declare elected for service those candidates chosen by popular election.
Legally registered political parties are institutions under public law, whose existence and free functioning are guaranteed by this Constitution and the law, in order to achieve the effective political participation of the citizens.
Attempts against the republican, democratic and representative system of government by political parties are prohibited.
The State shall contribute to financing the expenses of the political parties, in accordance with the law.
Political parties may not receive contributions or subsidies from foreign governments, organizations, or institutions.
CHAPTER V. Electoral Function
There shall be a Supreme Elections Tribunal to handle all matters relating to electoral acts and procedures. The Tribunal is an autonomous and independent body, with jurisdiction and competence throughout the Republic, whose organization and function shall be established by this Constitution and the law, which will also determine the matters relating to the other electoral institutions.
The law that regulates electoral matters may only be reformed or repealed by a majority consisting of two thirds of the votes of the totality of the members of the National Congress, which shall solicit the prior opinion of the Supreme Elections Tribunal, when the initiative does not issue from it.
The composition of the Supreme Elections Tribunal shall be composed of three Principal Justices and one Substitute, elected by the affirmative vote of two thirds of the totality of the members of the National Congress for a period of five years, with the ability to be re-elected.
In order to be justices of the Supreme Elections Tribunal one must be: Honduran by birth, older than 25 years of age, of recognized honorableness and aptitude for the office, and in full exercise of his civil rights.
The following may not be elected justices of the Supreme Elections Tribunal:
- Those who are unable to be justices of the Supreme Court of Justice.
- Those who are nominated to hold office or who hold popular elected office, and
- Those who are exercising directive office in the legally registered political parties.
The Justices of the Supreme Elections Tribunal may not realize or participate in a direct or indirect manner in any political party activity, except to cast their vote the day of the elections, nor may they exercise any other remunerated office, except teaching.
The Principal Justices of the Supreme Elections Tribunal shall elect from amongst themselves a President in a rotating manner for the term of one year, who may be re-elected.
The National Registry of Persons is an autonomous institution with a legal, technical, and independent character. Its seat is located in the capital of the Republic and it has jurisdiction over all the national territory.
It shall be administered by one Director and two Sub-directors who shall be elected for a period of five years by the affirmative vote of two thirds of the totality of the Representatives of the National Congress.
They shall possess a university degree, the highest technical and moral qualifications, and shall be subject to the same requirements and limitations that the Constitution of the Republic establishes in order to be Justice of the Supreme Elections Tribunal.
In addition to the duties prescribed by law, the National Registry of Persons shall be the body in charge of the Civil Registry, of issuing the exclusive identity cards to all Hondurans and of permanently providing to the Supreme Elections Tribunal all the information necessary, in an opportune manner and without cost, so that it may administer the national electoral census.
The National Electoral Census is public, permanent, and unalterable. The registration of citizens, as well as modifications due to death, change of address, suspension, loss or restoration of citizenship, shall be checked within the time and by the methods established by law.
Criminal action for electoral offenses established by law is public and prescribes in four years.
Electoral offenses and misdemeanors shall be tried in accordance with ordinary law, without privileged status.