STATEMENT ON THE VENEZUELAN SITUATION

By Adolfo R. Taylhardat

Member of the Latin American Parliament (Venezuela), at the Meeting of the 

 INTERNATIONAL COUNCIL OF PARLIAMENTARIAN GLOBAL ACTION (PGA)

Washington September 17, 2003

 

Mr. President,

Honorable Members of the International Council of PGA,

Dear colleagues and friends,

Ladies and gentlemen,

 

Today, Venezuela is going through one of the most difficult times in its political history. Few people outside Venezuela understand the dramatic situation my country is going through. Eleven years ago, Lieutenant Colonel Hugo Chavez headed a coup d’état against a democratically elected Government in Venezuela. Six years later, that coup plotter was democratically elected President. Shortly after having been elected he convened a Constitutional Assembly and succeeded in having a new National Constitutions enacted. This new Constitution extended the term of office of the President from five to six years and introduced the possibility of immediate re-election. Previously, re-election was only possible after two full constitutional terms. Once the new Constitution entered into force, Chavez submitted himself to what he termed a “re-legitimization process” and called for a general election in which he was again elected

 

This means that Chavez was democratically elected twice. First in 1998, and again in 2000. But those who voted for him did so compelled by the need for a change in the then prevailing social, economic and political situation of the country. Also, because in his presidential campaign, he promised to improve the situation the underprivileged population. He pledged to eradicate poverty, eliminate corruption, put an end to unemployment, build houses for the homeless, rescue the street children, improve the educational system, and, in general, to solve all the social an economic problems of the country. In ecstasy of populism he even committed himself to convert the presidential palace into a University for the poor and the presidential residence into a home for the street children.

 

Today, five years after his original election and three years after his “re-legitimization” Chávez has not solved any of the economic or social problems of the country. The balance of Chavez’s government shows that the country’s economic and social conditions have worsened under his so called the “Bolivarian revolution”.[1]

The already grave economic situation worsened during the first semester of this year as a result of an exchange control system that is being used as a political weapon to asphyxiate the private sector.

 

As established in article 1 of the Constitution, Chavez was elected to rule “a democratic and social State of Law and Justice that propitiates life, liberty, justice, equality, solidarity, democracy and social responsibility” and to sustain “the supremacy of human rights, ethics and political plurality as the superior values of juridical orderliness”. (See Attachment)

 

But Chavez betrayed the people who elected him by trying to implant a political project that was not visible in his electoral program. Once in power, Chavez launched what he calls his “Bolivarian Revolution”, which is nothing but an attempt to transplant Cuba’s experience to Venezuela. He is engaged in dismantling the Armed Forces and turning it into an instrument of his political project and progressively transforming it into a militia at the service of his “revolution”. He has created and provided weapons to the violent Bolivarian Circles, a carbon copy of the Cuban Car’s (Committees for the defense of the revolution). Since he assumed power Chavez has incurred in no les than 24 flagrant violations of the Constitution.  For Chavez the Public Powers are legitimate when they abide to his aims, but become illegitimate when they abide to the spirit, the purposes and the spirit of the Constitution. Chavez faces 47 criminal indictments filed against him under accusations of fraud, corruption, misappropriation, and crimes against mankind. But these cases remain unsolved because there is no rule of law in Venezuela and the citizens find themselves in a situation of absolute defenselessness. All this takes place under a disguise of democracy by twisting the provisions of the constitution and by adapting the legal order to his own advantage.

 

Providentially, among the innovations introduced in the Venezuelan legal system by the new Constitution there is the provision instituting the mechanism of the “recall referendum”. Article 72 of the Constitution provides for the holding of recall referenda on the mandates of any official holding position as a result of a popular election, once they have completed half of the term for which they were elected (See Attachment). This is precisely the situation President Chavez finds himself in. It is interesting to note that President Chavez himself proposed the inclusion of this device in the new Constitution, proudly defending it as an instrument of "participatory democracy". Having passed his terms mid-point, which fell on August 19th, he must face a referendum if 20% of the electorate calls for it.[2]

 

Chavez’s international disinformation campaign has spread the cliché that the “bourgeois”, “oligarchic” “corrupt”, “conspirator” Venezuelan middle class is trying to topple him from power. But Chavez’s foes are not bourgeois nor and much less coup plotters. Today the large majority of the Venezuelan multi-ethnic, multi-class population reject Chavez’s political project and is disappointed and aggrieved because he deceived them. It is relevant to mention at this point that the latest opinion polls, as new as of September 1st. indicate that no less than 68.6 % of the Venezuelan electorate will vote yes in the recall referendum. It is also interesting to note that the underprivileged population, which until recently was Chavez’s main support, also favor recalling his mandate.[3]

 

We, Venezuelans are determined to have Article 72 of the Constitution implemented and the recall referendum convened as soon as possible to revoke the mandate of a President that has completely lost his legitimacy as a result of his undemocratic performance, a President that has polarized the country and has induced division and hatred in a country that always lived in peace and harmony. This is precisely where we stand today. This is the end of the democratic, constitutional, peaceful and electoral road set out in resolution 833 of the Special Session of the Permanent Council of the OAS when it examined the situation in Venezuela.

 

On September 20, a number of signatures largely in excess to the required 20% were delivered to the electoral authority. Last Friday the electoral authority refused to recognize the validity of those signatures on the ground of some disputable technicalities.

 

This very day the electoral authority will announce the rules that apply to the process of convening the recall referendum. The democratic opposition is ready to collect anew the signatures and we expect to collect a number even larger than the required 20 %.

 

 

We are struggling to preserve democracy and our right to live in liberty. We, Venezuelans, are resisting Chavez’s pretension to turning our country into a Cuban-style dictatorship.

 

Chavez once said that the Venezuelan democrats were stupid because they accepted losing control of government as a result of an electoral process. Today Chavez, applying the same reasoning, says he is not as stupid as to give up power as a result of an electoral process.

 

We are aware that it is up to us, Venezuelans, to solve our own problems. We have patiently and stoically sought to solve our crisis through peaceful, democratic, constitutional means. But we also need the understanding and the moral support of the international community. The Recall Referendum is our last recourse. We know that Chavez will use all his power and all the means he can employ to get in the way of the realization of the Recall Referendum. If he fails to obstruct the Referendum, most probably he will unleash his armed gangs to stop people from going to the ballot centers. Recently, during a military ceremony, Chavez told the armed forces that they have to choose whether to aim their riffles to the chest of the “oligarchic traitors” (meaning his opponents) or to that of the “noble people of Venezuela” meaning his supporters.

 

As a conclusion of my presentation I would like to quote an article entitled “LET VENEZUELA VOTE”, published Sunday August 31, in The Washington Post.

 

“The real danger is that the president, who once attempted a military coup, will block the vote by fraud or force. Already he claims, without evidence, that the petition signatures are falsified. His supporters in Venezuela's Congress have been trying to pass measures changing the composition of the Supreme Court and imposing new restrictions on the media. Violence against opposition supporters, including shootings and bombings, has happened before and could return” …”The Bush administration, the Organization of American States and key neighbors such as Brazil have all supported the electoral solution. In the coming weeks they must make clear to Mr. Chavez that any attempt to stop a referendum by violent or illegal means will be regarded as an interruption of Venezuela's democracy”

 

Just last week the European Union issued an important statement calling on Mr. Chavez to abide to the provisions of the Constitution and to the agreement signed by the Government and the opposition under the sponsorship of the OAS, the Carter Center and UNDP. Shortly the European Parliament will adopt a resolution in the same direction. 

 

It is evident that Chavez strategy is to delay the referendum until August next year, in which case the Vice-President will replace him until year 2006 when new presidential elections will be held (See Attachment).

 

Finally, and without pretending to interfere in the normal proceedings of this august body, I venture to propose that, as a result of the consideration of the Venezuelan situation, this Council could issue a statement calling for the peaceful solution of the Venezuelan crisis, demanding the full implementation of Article 72 of the Constitution and urging all parties to respect the results of the recall referendum so that Venezuela can live again in peace and harmony.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATACHMENT

 

Extracts from the 1999 Venezuelan National Constitution

 

(The following are some provisions of the Venezuelan Constitution, relevant to the presentation by Adolfo R. Taylhardat, Member of the Latin American Parliament, with the corresponding translation in English)

 

Artículo 1.- Venezuela se constituye en un Estado democrático y social de Derecho y de Justicia, que propugna como valores superiores de su ordenamiento jurídico y de su actuación, la vida, la libertad, la justicia, la igualdad, la solidaridad, la democracia, la responsabilidad social y, en general, la preeminencia de los derechos humanos, la ética y el pluralismo político.

 

Article 1. Venezuela constitutes itself as a democratic and social State of Law and Justice that propitiates life, liberty, justice, equality, solidarity, democracy, social responsibility and, in general, the supremacy of human rights, ethics and political pluralism as the superior values of its legal order and of its actions.

 

Artículo 72.- Todos los cargos y magistraturas de elección popular son revocables.

Transcurrida la mitad del período para el cual fue elegido el funcionario o funcionaria, un número no menor del veinte por ciento de los electores o electoras inscritos en la correspondiente circunscripción podrá solicitar la convocatoria de un referendo para revocar su mandato.

Cuando igual o mayor número de electores o electoras que eligieron al funcionario o funcionaria hubieren votado a favor de la revocación, siempre que haya concurrido al referendo un número de electores o electoras igual o superior al veinticinco por ciento de los electores o electoras inscritos o inscritas, se considerará revocado su mandato y se procederá de inmediato a cubrir la falta absoluta conforme a lo dispuesto en esta Constitución y en la ley.

 

La revocación del mandato para los cuerpos colegiados se realizará de acuerdo con lo que establezca la ley.

 

Durante el período para el cual fue elegido el funcionario o funcionaria no podrá hacerse más de una solicitud de revocación de su mandato.

 

Article 72. Every position and magistracy of popular election is revocable. Once half of the term for which the official was elected has elapsed, a number not lower than twenty per cent of electors registered in the corresponding electoral district may request the convening of a referendum to recall his mandate. When a number of electors equal to or greater than the number of those who elected the official vote in favor of the recall, provided that the number of electors who participate in the referendum is equal to or greater than twenty five per cent of the registered electors, his mandate shall be considered revoked and his absolute absence shall be immediately filled in conformity with the provisions of this Constitution and the law.

 

The revocation of the mandate for legislative bodies shall be performed in conformity with the law.

 

During the term of office for which the official was elected, no more than one request for recall may be filed.

 

Artículo 233.- Serán faltas absolutas del Presidente o Presidenta de la República: su muerte, su renuncia, o su destitución decretada por sentencia del Tribunal Supremo de Justicia; su incapacidad física o mental permanente certificada por una junta médica designada por el Tribunal Supremo de Justicia y con aprobación de la Asamblea Nacional; el abandono del cargo, declarado como tal por la Asamblea Nacional, así como la revocación popular de su mandato.

Cuando se produzca la falta absoluta del Presidente electo o Presidenta electa antes de tomar posesión, se procederá a una nueva elección universal, directa y secreta dentro de los treinta días consecutivos siguientes. Mientras se elige y toma posesión el nuevo Presidente o la nueva Presidenta, se encargará de la Presidencia de la República el Presidente o Presidenta de la Asamblea Nacional.

Si la falta absoluta del Presidente o la Presidenta de la República se produce durante los primeros cuatro años del período constitucional, se procederá a una nueva elección universal, directa y secreta dentro de los treinta días consecutivos siguientes. Mientras se elige y toma posesión el nuevo Presidente o la nueva Presidenta, se encargará de la Presidencia de la República el Vicepresidente Ejecutivo o la Vicepresidenta Ejecutiva.

En los casos anteriores, el nuevo Presidente o Presidenta completará el período constitucional correspondiente.

Si la falta absoluta se produce durante los últimos dos años del período constitucional, el Vicepresidente Ejecutivo o la Vicepresidenta Ejecutiva asumirá la Presidencia de la República hasta completar dicho período.

 

Article 233.- The following events shall constitute an absolute absence of the President of the Republic: his death, his resignation or his removal from office by decision of the Supreme Court of Justice; his permanent physical or mental incapacity, certified by a medical board appointed by the Supreme Court of Justice with the approval of the National Assembly; the abandonment of his position, duly declared by the National Assembly, as well as the popular recall of his mandated.

 

If the absolute absence of the President of the Republic occurs during the first four years of his constitutional term, a new universal, direct and secret election shall be held within the following thirty consecutive days. Pending the election and the taking of oath of the new President, the Executive Vice-President shall be in charge of the Presidency.

 

In the above-mentioned cases, the new President shall complete the corresponding constitutional term.

 

If the absolute absence occurs during the last two years of his constitutional term, the Executive Vice-President shall assume the Presidency of the Republic until the completion of said term.

 

 



[1] The most recent indexes provided by the Venezuelan Central Bank show that notwithstanding the sharp hike of production and of the international price of oil, the oil activity, heart and blood of the country, has decreased 26.5 %; manufacturing activity shows a regression of 22.5 %; construction, which is one of the main job creating activities, shows a reduction of 55.9 %; non-oil foreign investment backed down 59.24 %. Last year; exports have shrunk 35%. In general the GOP for the first half of this year has dropped 18.5 % while accumulated inflation has reached 18.9 % not withstanding the fact that the purchase power of the population has shrunk 16.3 %. By the end of the year inflation is expected to reach more than 34 %. Even though the public spending has increased considerably and represents almost 30 % of the GOP, the share of that spending allocated tor social programs (education, health, social welfare, housing, culture, and technology) are the lowest in the last four years. The reason for this is that the gross of the public spending is eaten away by and increasing partisan bureaucracy, public debt payment, and massive deviation of resources to political ends, corruption included. Unemployment is estimated in 20 % of the working force. If informal workers are added, the percentage of unemployed and under-employed population jumps to 70 % of the total working force. Of the remaining 30 %, 10 % corresponds to the public sector, which means that 20 % of the working population is producing sustain to approximately 22 million people. As a result of this, according to recent figures provided by the Economic Commission for Latin America the level of poverty has climbed to 48% which. Today 900.000 families cannot eat one daily meal. Inevitably all this has brought with it a considerable increase of crime and insecurity in the country.

 

[2]  20 % of the electorate amounts to 2.399.213 voters. On August 20, 3.236.320 signatures requesting the recall referendum were handed to the electoral authority.

[3]  The figures are as follows: 93.4 of the A and B layers of the population (reach and upper middle class) will vote yes; rejection to Chavez in C layer (the middle class) is 83.8 %; in the D layer (lower middle class) is 67.4 % and in the C layer (poor class) is 59.9 %.