Andres Bello Catholic University
MEETING NEW ANALYSIS OF THE 2011 NATIONAL STAGE CARACAS, 4 JANUARY 2011
"The new political context of the country"
Exhibition Professor Pedro Nikken
Virtuoso thank the Rector and compromising the honorable task of introducing the new political situation that emerged following the sudden emergence of a new institutional framework which violates the Constitution and universal standards of democracy and state of law. After completing my academic career at the University Centers of Venezuela, I can not hide my excitement to return to the University where I graduated in 1968 with the community to share thoughts on the serious moments that run through the University of Venezuela and the Republic itself .
start with two points of clarification of this introduction. The first is to apologize in advance for an analysis destined to be incomplete. Given the scale of the changes in the legal-political order involved in the package of laws and measures adopted by the National Assembly and the government as a whole, I am sure This presentation will forget or not present some of them. The second is referred to the nature of this presentation, which is not particularly relate to the specific content of each law component of the package. It is therefore an overview that will try to determine where in the political process of the Bolivarian Revolution we are.
The new political picture that emerged from the parliamentary coup of December 2010, is characterized by undisguised abandonment of fundamental principles of democracy and the rule of law. This is manifested in two competing orders. On the one hand, we have a new overdose of concentration of power at the head of President Chávez. On the other hand, has taken steps to increase dramatically the strictures of society and curtailment of dissent and criticism
more concentration of power, authoritarianism
The first measure taken by the National Assembly in December, the 8th, was the hasty appointment of new judges ( 9 major and 32 alternates) the Supreme Court of Justice without comply with the requirements prescribed by the Constitution, since it has appointed lawyers without judicial or academic experience required, as are several current MPs of the ruling party, whose term as such is extinguished January 5, 2011. If the politicization and manipulation of the judiciary was a notorious fact, the latter designation until this worsens the grotesque. So serious that a former judge, not just characterized by its critical stance against the regime, such as Professor Hildegard Rondón de Sansó, summed it up by saying that " a key area of \u200b\u200bstate power, will be in hands of a small group of individuals who are not lawyers, but professional politicians, and who shall, among other functions, the control of legislative acts. "This completes the annihilation of justice that has been brewing since the introduction of the current regime.
Without disregarding the importance of these designations, the most serious has been what I do not hesitate to qualify as a coup against the elected parliament on September 26, 2010. A National Assembly agonizing delegated the President of the Republic the power to legislate for a period exceeding its mandate, for which the corresponding power and corresponding the people who chose to exercise it. Beyond the legal forms, it is obvious that it committed a clear abuse of power, who unlawfully defraud the will of the sovereign. The most circumstantial of 2005 found a trick to override the votes of 2010 and extend the effect of that precarious mandate until 2012. It is an imposition on both illegitimate and undemocratic, who avails himself of the subjection of the judiciary to ensure that the committed with impunity.
Additionally, while ignoring the justification put forward for such a legislative delegation and its formal basis in the Constitution Venezuela, with it has empowered the President to enact laws which, under known universally accepted international standards, can only emanate from the legislature under the constitution and democratically elected, as are the establishment of new crimes and penalties, and limitations on human rights, including the announced restriction on international cooperation received by the organizations of civil society in Venezuela, struggling to defend and promote human rights, civil and political, economic, social and cultural rights. This aspect is non-derogable principle of legality, essential to the rule of law and democracy constitutional.
To this is added which amended the Regulations of the National Assembly in terms unreasonably restricting the potential and actual abuse of deputies elected on September 26, 2010 to effectively exercise their mandate. Are reduced to weekly sessions and limits the time they can use a parliamentary debates than ten minutes and three minutes for rebuttal. To deprive the 65 deputies who chose the opposition of the real exercise of its mandate, it has proceeded to bury the parliament as such. Has been set and a real coup against the elected National Assembly on September 26, 2010, which is to be sentenced to a parliament that legislates and not debate.
addition, the outgoing National Assembly has approved, without an open and participatory debate among its members or society, a set of laws that deviate from the concept of decentralized federal state established in the Constitution of 1999 State and replaced by the central community, which is the culmination of a flawed trial started two years ago designed to give life, through legislation, the constitutional reform proposed by the President of the Republic in 2007 and rejected by the people the referendum held on December 2 of that year. It consolidates a redistricting based on common names and the creation of a "People Power", not foreseen in the Constitution, it replaces the municipality as "primary political unit of the national organization" , as pattern the Constitution, the municipality and is intended to strip, however, of substantial powers to popularly elected constitutional bodies, such as municipal mayors and state governors.
Additionally, through a special law, has devised a "communal economic system" outside and against of the Constitution, which imposes the so-called socialist production model creates a village banking, private property is ignored and is replaced by a vague "social ownership", introduces a "community currency" out of the Central Bank Venezuela and provides the institutional means of barter trade in goods and services.
This structure, which affects all states and municipalities, is particularly harmful in local authorities where the ruling party lost the elections which results in the displacement of mayors and governors elected by the people under the Constitution officials and non-constitutional, which reflects lines and directives of the President. This is a turning point in the suffocating society and dissent, a feature that does not limit the current political situation to the risk of authoritarianism, but because the state cope all areas of the social body in a totalitarian project.
The suffocation of society: the totalitarianism
Other laws violate democratic rules and evidence clearly contradicts the explicit provisions Constitution of 1999, the undeniable purpose of stifling dissent and penalize the political process led by President Chávez. These include an amendment to the law governing the audiovisual media, which further restricts the freedom of expression and affects even the freedom to use the Internet in Venezuela, a law with vague concepts that allows organizations to punish human rights that receive funding from international solidarity, as authorized and promoted in fees approved by the United Nations, and a law depriving the universities of pluralism and autonomy are of its essence and to them by the Constitution. This is to quell any outbreak of dissent with the imposition of a single thought or, worse, to abolish the critical thinking and bring down the democratic pluralism.
addition, have worsened seizures of private property. It has flouted the constitutional provision under which "only because of public utility or social interest by final decision and prompt payment of fair compensation, may be declared the expropriation of any kind of property." With the support of the armed forces, ie the arms of the Republic, dealing with land, buildings and facilities commercial and industrial production, no condemnation proceeding or compensation. Is progressing well towards the state owns the means of production, according to the recognized canons of the so-called real socialism.
Last but not least, the National Electoral Council, with an even more radical composition of government supporters, has set new restrictions on election observation. Was abolished, in practice, international observation, while it has been subjected to domestic observation unacceptable restrictions, such as confidentiality of the results. After threatening to cancel the recognition Ojo Electoral observer of national parliamentary elections in September, it is not credited as such in the midterm elections of 5 December. The 2012 elections can be foreseen as an event in which President Chávez invited the electorate to re-elect him but ordered him do so.
Conclusion: beyond the limits of democracy.
With these actions, performed surprisingly within a few days, have affected an essential and fundamental components Democracy by the Inter-American Democratic Charter, as they are, respect for human rights and fundamental freedoms, the exercise of power subject to the rule of law, separation and independence of public powers, transparency of activities government and freedom of speech and press.
I think this is because the government has found that his real political project lacks popular support and has decided to impose in any way possible.
Politically, after his reelection in 2006, President Chavez has been propelling a greater radicalism of their project political and, in parallel, has been gradually reduced its popularity, credibility and convening power. Since then only clearly won an election, which was the amendment to allow re-election, which had to be thoroughly used, abused, as ever, the state's resources and presenting it not as a mechanism to allow its continuation as President life, but as an extension of the rights of the people vote and to involve governors and mayors in the proposal. He lost the constitutional referendum in 2007, suffered a setback in local elections in 2008 and lost in the national polling numbers, the parliamentary 2010, although, given the characteristics of electoral districts won a parliamentary majority, but less than three-fifths of the elected deputies. These losses are not random, and may find partial explanation in the majority rejected the government's most radical measures, particularly when associated with the Cuban model, when attacking the private property they violate freedom of expression.
addition, the economic situation has been deteriorating, as it surely will be explained by Professor Patricia Hernandez. The devaluation of about 70% of Bolivar on the dollar for assets very first necessity, have a devastating effect on the economy of the poorest and certainly will result in a significant increase in social unrest. The advances, according to official statistics, there have been in the fight against extreme poverty, will come with this new tax burden to the poor, resulting in increases of not less than 50% in basic food basket and drugs.
That context portends the fall of adherence to the political project of President Chávez will worsen in the short term. Interestingly, when the majority has shown that rejects radical, far democratically follow the majority view, it chooses the path of seriously violating the rules of constitutional democracy, to impose by force the radical project. I dare say that between the political and economic situation to the Bolivarian project ran out of petrol democracy and has opted to rely on known patterns of so-called real socialism. The XXI century socialism touted then shows its true face of Stalinism in the twentieth century.
The regime of President Chavez made the abandonment of democratic legitimacy of origin and perverted in its exercise. We entered the stage of the dictatorship, a word that many Sometimes when I refused to utter prevailed, although precarious, democratic spaces that have been closed abruptly with the parliamentary coup last December. Has orchestrated a coup against the democratic institutions and against the majority who voted against the government in parliamentary elections, protected from surprise and full holiday festivities. It was a premeditated and well plotted stratagem, typical of a government that uses the cunning of military rule to ambush.
is natural that the present state of things awaken the indignation of society, both measures that have shaped a coup against democracy in the already reduced spaces left, as the social consequences of the devaluation of the currency. Therefore, it is also foreseeable that the future is of greater repression and more intelligence, befitting a government that has decided to abandon the path of democracy. It is inconceivable that the government has hatched this surprising scenario in December if not ready to brutally stifle protests in January, as they have in the past, governments imposed by the defunct Soviet Union in Eastern Europe.
Only the magnitude of the reaction of the company is able to inhibit repression. That is a challenge for society. It has no other way than the mass protest, disobedience and resistance to confront the destruction of democratic institutions, but must be prepared to do so successfully. The company is not sufficiently organized for the challenge that stands before them. Corresponds to improvise that organization leaders and chart a coherent and effective strategy to force the government to retreat.
Another difficulty of the reaction against the new political picture is the demoralization of society, exhausted by failed battles, fueled by an alarm that is not always justified. It's capital struggles to come take care of raising self-esteem and confidence in the ability of people to impose on the illegitimacy that has befallen the country. If society does not rise immediately, the government shall apply throughout the December legislative package without difficulty and annihilate a passive society. But it is necessary that the protest is imbued with optimism and enthusiasm to build the greatness of Venezuela.
The international community should be moved to consider the new situation in Venezuela. This will not be possible without adequate popular reaction. At the same time, an initiative in international fora to discuss the latest twist of the Venezuelan government, can be an important encouragement to the popular reaction. However, no illusions must be encrypted and internationally. Can be a backup, but is not the solution. The solution lies in ourselves, today called by history to live up to the challenge that is life or death. The survival of the Autonomous University, and fruitful scientific and democratic republic, constitutional and pluralist depend on the success of popular struggles for salvation. It is our decision to carry on with determination and spirit, against repression, authoritarianism and totalitarianism of the dictatorship that is established before our eyes. With all peaceful legitimate means of Democrats, but also with the determination to hold it for as long as it takes to win. We never surrender! Never!
