By Luis Manuel Aguana
I didn’t know whether to laugh or cry when I read the Draft “LAW OF THE STATUTE GOVERNING THE TRANSITION TO DEMOCRACY AND THE ESTABLISHMENT OF THE CONSTITUTION OF THE BOLIVARIAN REPUBLIC OF VENEZUELA” that circulated through the networks on January 8 (see in Spanish complete at https://tinyurl.com/ydbyeb87). Unfortunately we do not know if this is an official version or not because the deputies did not publish it on the official website of the National Assembly, which I certainly consider a disrespect to those who elected them, given that it is we Venezuelans who will end up paying the price for what they end up deciding there.
I say laugh at the naivety (or deliberate malice?) that deputies would have by truly believing in the possibility of applying such an instrument within the framework of tyranny, presuming that the regime would coexist with those democratic desires in Venezuela only comparable to a Walt Disney fantasy. And I say weep because once again the National Assembly fell back into the same error of January 5, 2016 when it said it would remove the regime in 6 months, giving the regime a chance for the other day to declare it in contempt, losing the unbeatable opportunity to take the immediate decisions needed by Venezuelans with the qualified majority they had that day. Again on January 5, 2019, the same thing happened again.
And then those emotions turn into rage because I don’t know if this is happening deliberately because of the factors that are operating under the name of the regime and its front men to neutralize and/or delay the legitimate efforts of Venezuelans from inside and outside that National Assembly to immediately get out of this tyranny. The net result is that they succeeded in exposing the Assembly to a steamroller that should arrive in the very short term.
Why do I say all this? Some will say “how mean this guy is” that he does not accept the efforts of the Assembly to get us out of this crisis at the lowest possible cost. No. The deputies sold this bill to the Venezuelans as a mirror of illusions. First by manipulating “power vacuum” with “usurpation” and then with that National Council for the Democratic Transition, instead of assuming, as corresponded to them on January 8, the reins of the transition, designating a President as they were taxatively ordered by Article 233 of the Constitution, arguing that “that norm was designed for situations of institutional normality, in which the decisions of the National Assembly are respected and obeyed by those who exercise the power of force under the rule of law: the National Armed Force and the security organs of the State”.
In other words, since we do not have the strength, it is not up to us to apply the Constitution. What the hell is that? Well, that was the way out. And as of January 10, the National Assembly pretends that with incentives that will be created, “civil and military officials will disobey those who usurp the exercise of the Presidency since January 10, 2019, and obey the decisions dictated by the National Assembly within the framework of the present Statute”. Do the deputies live in Narnia?
And while the deputy citizens discuss that fantasy country where they coexist without problems with a tyranny and peacefully recover our kidnapped rights, the regime is already proposing in the illegitimate Constituent to dissolve the National Assembly (see Constituent Gerardo Marquez proposes to the ANC to dissolve the Venezuelan Parliament, in http://efectococuyo.com/politica/constituyente-gerardo-marquez-propone-a-la-anc-disolver-el-parlamento-venezolano/).
But that will not happen as Mr. Marquez of the ANC says, but as the one who is really handling the copper of what will happen with that Constituent, Hermann Escarrá, says: “The president of the Constitutional Commission of the National Constituent Assembly (ANC), Hermann Escarrá, assured that the chavista organ has not planned to dissolve the National Assembly (AN) and advanced that the draft of the new Constitution would be ready by the end of February” (see in Spanish Draft of the new Constitution would be ready in February), in http://efectococuyo.com/principales/proyecto-de-nueva-constitucion-estaria-listo-en-febrero-segun-hermann-escarra/).
In other words, they do not need to dissolve the National Assembly with an ANC Decree. That would be done by the new communist Constitution of Escarrá, which would be ready at the latest in March. How? With the renewal of all Public Powers leaving only Maduro as happened with Chávez in 1999. And do you think that Guaidó and the rest of the Deputies manage with that Statute to stop that before that time? That Statute would be history along with the Assembly that approved it as quickly as a madman wakes up with cold water.
What would have happened if the Deputies on January 8, instead of taking us down that path of stones that will lead us nowhere, had designated Juan Guaidó as President of the Republic? The regime would have reacted immediately by putting him in jail. Yes, prisoner. But he would be A LEGITIMATE CONSTITUTIONAL PRESIDENT who would have to call the people to accompany him to the streets from the Hemicycle of Parliament itself. And for how long do you think that situation would last nationally and internationally? Here we are not talking about any political leader, he would be a prisoner President. We will see if Maduro does it and we will really prove the truth of the matter within the Armed Forces. That would change in an instant the whole political scenario in Venezuela.
And they’re still in time to do it. But as the old people used to say, Juan Guaidó or anyone who would have been President of the National Assembly does not govern himself alone, he is governed by the forces that put him there. But are López in VP, Borges in PJ and Ramos in AD willing to do that? First dead before that boy is President before they are. And of course they don’t want a quick end either. They want “elections” for them, ones that the regime will never give, aggravating our country situation until we fall into hopelessness and failure, and tyranny destroys us. Are we going to let them?
This Statute kidnaps Art. 333 for the National Assembly remaining the only one capable of handling the Transition: “…the Statute establishes the transitory regime that, based on article 333 of the Constitution, will govern the Public Powers while maintaining the usurpation of the Presidency of the Republic. Likewise, this National Assembly, as the sole representative of the sovereignty that resides in the people in accordance with article 5 of the Constitution, may adopt decisions aimed at the application of the aforementioned article 333”. We reject this mediatized interpretation. It is not for the National Assembly or for any organ of the Public Power for whom this Article was written in the Constitution. IT WAS MADE FOR ALL VENEZUELANS, WHETHER OR NOT THEY WERE INVESTED WITH AUTHORITY.
From an interpretation made by independent jurists who contribute to the National Constituent Alliance-ANCO, the following legal opinion emerges that I allow myself to make public given the gravity of the situation: “The procedure of (constitutional) restoration is inevitably popular. Its activation does not come from an organ, but from citizens “invested or not with authority”. A contrary interpretation, that is, to maintain that an Executive Decree, a Legislative Agreement or a sentence is required for its activation, would confiscate the necessary autonomy required by this extreme and urgent action constitutionally entrusted to the Venezuelan people, making it depend, for its materialization, on particular wills, political agreements and/or paralyzing formalities”.
Read well, of the citizens. It is all of us Venezuelans, and them in the National Assembly. But also to the Magistrates of the Supreme Court of Justice legitimized in exile, all of them, to whom this constitutional restoration and the Rule of Law in Venezuela corresponds. The National Assembly can neither regulate nor kidnap that, nor put us all down a single alley to follow what they say and even more to delay what inevitably has to happen in Venezuela, which is nothing more than the recovery of freedom.
If the National Assembly for whatever reason, for the ambitions of the parties, for the money of those who bribe Deputies, for the hidden frogs in the opposition lines, or for whatever reason, conspires for the disappearance of that Institution, those of us who know that they do, we must continue working for the restitution of constitutional order because we are invested by the Constitution to do so. The next at bat is the legitimate TSJ. Let’s see if they take it off the home run before they take all of us prisoner…
Caracas, January 9, 2019