Some thoughts on identification
eople must provide means of identification
practically every day in modern nations. Perhaps it was not too important in past
centuries but in modern times one can not think of a civilized country where the
individual incorporated to society may lack an effective instrument of identification.
Many countries have created specific complex and reliable systems to issue
documents proving the people's identity; in some others, the proof is made by
means of other reliable documents that are not part of any specific identification
system. France, Italy and Venezuela are countries with specific identification
systems, using an identity card. In the USA, on the contrary, there is no national
identity card and proof identification is made in several ways, such as the Social
Security number or the driver's license. Nationals of a country, when traveling
abroad, identify themselves with a passport –one of the world's oldest identification
documents.
Let us analyze here, although not deeply, the identification problem of those
who live in Venezuela. We shall do it both from a legal and practical point of view
–recalling that in our country what is practical is quite frequently unlawful.
There is a reference in the Constitution to people's identification in article 61:
"Identification documents required for acts of civil life shall not contain any mention
qualifying filiation" An organic law, that is to say a statute law having
constitutionalrank, regulates all matters related to the national identification system:
The ORGANIC LAW OF IDENTIFICATION. Let us quote here some of its basic
provisions"
Article 3.- Identification of persons shall commence at the time of
their birth or of their entry to the country, as provided by the
Regulations.
The following are basic elements for a person's identification: name,
surname, sex and the capillary crest's drawings.
Cards shall be used for identification and they shall be kept in a
central record of the National Bureau of Identification.
The National Bureau of Identification shall established the method
to be applied in order to identify the newborn and shall provide the
necessary for the filling of cards of persons being born abroad,
whenever it may be required
Article 4,- The identity card is the main document of identification; in
all cases it shall contain the name, surname, date of birth of its holder
and the number assigned to such individual for life, as well as the
dates of issue and expiration"
In Venezuela, as seen in the above quoted articles, a system has been
provided to identify the individual and it begins at birth. This late in the
twentieth century there is not yet a fully adequate system to identify the
newborn. It is true that in public and private hospitals, the newborn's plantar
prints are taken and recorded in cards with filiation data to be filed with the
Ministry of Health. However, there is no adequate coordination between this
service and that of national identification, under the Ministry of the Interior in
charge of issuing the identification document that is non other than the
Identity Card –compulsory when reaching a specific age. Identity cards are
issued by the National Bureau of Identification which is part of a complex
system having evolved as from the forties. It reached acceptable technical
levels at some time but, today it is quite behind when compared to the
state-of-the-art identification systems that make full use of available data
processing resources and peak technologies.
Under article 10 of the Law, the identity card should be issued to all
minors between the ages of 9 and 16. There comes a time in the life of the
Venezuelan citizen when it becomes indispensable to hold an identity card.
This is so much so that the law provides cases when the identity card is
required, to wit:
Article 12. The identity card shall be required specially in order
to:
a) Perform the right to vote;
b) Execute documents before public officers;
c) Hold any remunerated office or perform public
functions;
d) Legally represent any one;
e) Enroll in any higher education institution;
f) Get a passport, academic or professional degrees and
whatsoever other documents with public effects;
g) Cash cheques and give receipts for sums received from
public or private entities;
h) Register trademarks or distinctive signs, patents, or
municipal or police licenses.
In the presence of so many acts requiring production of the identity
card –and there are many more under provisions of laws, regulations and
public and private requirements– it is understandable that a national
identification system should facilitate to the highest degree the process of
obtaining and renewing an identity card. Thus, the Identification Law
provides, in article 7 that the officer in charge of the corresponding
identification office must decide on the application for an identity card within
a term not to exceed of 15 days, and, in article 9, that the issue of a duplicate
or the renewal of the card should be a matter of 8 working days within the
metropolitan area of Caracas and fifteen days in other parts of the country.
Now, what happens really with the issuance and renewal of identity cards in
1996? As stated on television by Delia Da Silva, Director of Identification
–who deserves praise for her honesty and courage, a not so common thing
among public officers– persons requiring an identity card should refrain from
going to identification offices because they lack the necessary material to
issue the identity cards –much less the passports. It has been informed by
other sources that no material will be available until July. In other words, the
Venezuelan government admits that it is not capable to provide the citizens
who live in this country with the sole legally valid document to prove identity.
It is deplorable that when the Head of State is pledged, quite laudably, to fight
corruption, the fact that the administration is not able to comply with an
obligation imposed by the law, it may be opening opportunities for abuses,
dishonest and criminal actions. In effects, banks have gone as far as to
require a non expired identity card in order to purchase dollars or
cash cheques. No problem, there is always a solution under the table. The
business of issuing forged identity cards and passports has become more
frequent, notwithstanding the permanent fight –one has to acknowledge it–
of the identification authorities. The diligent director of identification has
been informed by her employees that there is no material, but there will
always be some available for those with a highly placed friend or for those
who bribe.
The identification of those who live within the national territory is a
problem of national security, it is something that has to do with state security
and defense. If there are no funds available in the regular budget item, may
I suggest the use of secret funds –there is plenty of them in the Ministry of
Internal Relations. Is there fear of an accusation for misuse?
URL: http://www.internet.ve/analitica
Menssges to the Author: cfiguere@link7.lat.net
