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Is the government of Hugo Chavez Frias Democratic?

Miércoles, 12 de febrero de 2003

Summary:

-The government of Hugo Chavez Frias was elected democratically and enjoyed significant popular support.
- However, from the very day Hugo Chavez took his oath of office, he started violating the Constitution and other laws.
- He used a series of referenda, elections and other democratic mechanisms to take absolute control of all branches of government, doing away with the checks and balances that must exist in any democracy.
- Today, his government is clearly autocratic, violates human rights, persecutes the media, the church and the opposition, and has lost all democratic legitimacy.
- Moreover, his government has ties to international terrorist, guerrilla, drug dealing and money laundering organizations and is actively engaged in the exercise of state-sponsored terrorism.
- Contrary to his claims, on 11th April 2002, his government was not the victim of a fascist military coup. Whatever coup took place was perpetrated by a handful of civilians who hijacked the power void that resulted from Hugo Chavez’ resignation. The same military, who accepted his resignation, put Chavez back in power, with the reluctant support of the vast majority of the population, when it became evident that this handful of civilians, had attempted to do away with democracy.
- President Chavez has systematically destroyed Venezuela’s economy.
- His popularity has eroded significantly and now, that the opposition is calling for early elections in order to solve Venezuela’s political crisis, he is doing everything he can in order to avoid them.
- Since 11th April, 2002, he has unleashed a Goebbelian propaganda blitz that unfairly and inaccurately portrays the opposition as a gang of undemocratic, fascist, corrupt, elitist, racist, violent, terrorists, saboteurs, assassins, coupsters and conspirators, who wish to bring down his government by undemocratic, violent means.
- This theme is systematically repeated at all levels of government and is the cornerstone of a media campaign that has been very successful in creating a generalized opinion outside of Venezuela, which is favorable to his government and unfavorable to the democratic opposition.
- In reality, the democratic opposition is trying to rescue true democratic values for Venezuela.
- Today, it can be said safely that although Hugo Chavez’ government originated from democratic elections, which gave it legitimacy, it has not performed within the parameters of democracy – as required by the Inter American Democratic Charter that was signed in Lima, Peru on 11th September 2001 – and therefore, has lost all democratic legitimacy through its actions during the past four years.

Analysis:
Legitimacy

Presidential Candidate Chavez was elected in December 1998 by a significant majority (56%) of the population, because (i) he promised to change inefficiencies, mismanagement and corruption which had plagued past governments and contributed to exacerbate the great divide which existed between the haves and have-nots, (ii) he spoke to the poor, more effectively than any other candidate, in a way that made them feel that their needs were going to be addressed, and (iii) he embodied the messianic figure that Venezuelans have always looked for; the miracle-maker who would single-handedly and magically, provide them with an instantaneous solution to their plight. He campaigned vigorously and effectively on a platform of populism and social divisiveness and once he became President, true to his word, he broke with the tradition that would have governments cool down their pre-electoral rhetoric in order to get on with the business of governing the country. Instead, he embarked on implementing his radical views with zeal, ineptitude and corruption, the likes of which Venezuela has never experienced before.

He won such overwhelming popular support that he was able to not only rewrite the Constitution in 1999, but overhaul all branches of government, effectively eliminate the checks and balances that normally exist in democratic societies and, personally concentrate almost unlimited political power. Also, he practically made himself immune from prosecution. He obtained from the National Assembly “Enabling Legislation” (fast-track) authority that would allow him to decree a wide range of laws. He then politicized the armed forces, publicly and repeatedly encouraged officers to speak their minds………until their voices were no longer singing the praises of President Chavez and his “Revolution”, at which point he initiated disciplinary and administrative proceedings against them; proceedings which are blatantly unconstitutional and illegal.

Since the very same day of his inauguration, when he refused to take the oath of office and instead, swore to repeal the “moribund” Constitution of 1961 - which made it possible for him to be elected President - he has systematically violated the Constitution (first, the 1961 Constitution and then, the 1999 Constitution) and laws of Venezuela. Asdrubal Aguiar, a distinguished legal scholar and former justice sitting on the Inter American Human Rights Court of the OAS, recently wrote an essay called “34 coups against Constitutional Order in Venezuela” [34 golpes a la constitucionalidad en Venezuela] in which he carefully analyzes 34 instances of constitutional violations, which also affect a multitude of laws and international treaties with the force of law. These transgressions affect the way all branches of government were dissolved and reappointed, violate the human rights of Venezuelans, affect the rights to life, of assembly, privacy, freedom of expression, freedom of movement, due process, and private property, and discriminate against foreigners. President Chavez has also threatened the judiciary and pressured other branches of government to act according to his dictums. On December 15, 2002, during his weekly televised address to the nation, “Alo Presidente”, President Chavez ordered all military commanders to disobey any and all court orders and decisions that contradict any Presidential decree which he may issue. This kind of statement is completely unacceptable in any democratic society and clearly demonstrates Mr. Chavez' complete disregard for the rule of law, as well as his despotic and dictatorial nature. In any civilized country, this statement alone would be sufficient grounds for impeachment of the President who dared utter it.

As a result of this state of affairs, many Venezuelans have had their rights violated, high ranking military officers have been dismissed from the armed forces, others remain in prison, Caracas and other major cities have been militarized, the Metropolitan Police has been intervened and militarized as well. Since the General Civil Disobedience started on 2nd December 2002, properties have been confiscated, companies raided, their assets commandeered and their employees forced to work at gunpoint. All of this has been done in violation of the constitution, laws, regulations and decisions of the courts at all levels, including the Supreme Court. This situation is nothing other than an undeclared state of exception, whereby the constitutional guarantees have been suspended de facto (although not de juris).

However, despite this unprecedented amount of power, he has managed to plunge Venezuela into unprecedented levels of social divisiveness and hatred, crime, impunity, poverty, malnutrition, disease, lack of education, unemployment, inflation, capital flight, economic inactivity, bankruptcies and legislative chaos; his government, who has had at its disposal over US $125 billion in oil revenues, is facing the worst fiscal crisis that Venezuela has experienced in the past one hundred years.

The Media

President Chavez has systematically persecuted and maligned the media and called them coupsters and conspirators. This has caused all privately-owned newspapers, radio and television networks to take a position against these abuses, which go hand in hand with all the other abuses he perpetrates constantly against all sectors of society. President Chavez has instigated violent verbal and physical attacks against the owners, editors and employees of the media. Buildings have been bombed, reporters have been injured and killed and automobiles, cameras and other media property have been destroyed by hooligans that sympathize with President Chavez’ regime. Houses of prominent journalists have been raided by the authorities and they have been compelled to testify to the political and military intelligence security forces. These aggressions have been condemned by many international organizations, including the Interamerican Press Society (“SIP”), the International Broadcasting Association (“AIR”) and the Interamerican Commission for Human Rights of the Organization of American States (“CIDH – OEA”). The latter has ordered the Venezuelan Government on several occasions, to implement protective and cautionary measures in favour of the members of the Venezuelan media. These orders have been largely ignored by the government and for the most part, the measures have not been implemented.

President Chavez has repeatedly threatened television networks with revoking the concessions under which they operate. On 11th April, while the unarmed members of the peaceful march were being massacred by President Chavez’ sharpshooters and the Bolivarian Circles, he forced all private television networks, to broadcast his address to the country. When the networks split their screens in order to broadcast the massacre, he tried unsuccessfully, to shut down the networks.

Administrative Procedures (a euphemism for retaliatory disciplinary action) have been initiated against the four nationwide independent television networks and one independent regional network. It is widely expected that these proceedings will lead to large fines and/or the closure of one or more of these networks.

Presently, the government is in the process of enacting a media “contents law” that clearly violates the Constitution, international treaties and which would effectively allow the government to dictate what can be broadcast and what not, and who can produce radio and television programs. The enactment of this law would be deal a mortal blow to freedom of expression.

Also, as a result of the recent imposition of foreign exchange controls and President Chavez’ public announcement that foreign exchange would not be made available to “coupsters”, newspapers will find themselves unable to purchase dollars they need in order to import the paper which they use. Similarly, television networks will find themselves unable to import equipment, purchase the rights to foreign television series, or transact any kind of international business. These measures will make it very difficult if not impossible for the independent media to survive.

The Venezuelan media is often accused of not being impartial. However, the very existence of the media is at risk; the media can not be blamed for defending the principles of democracy which are essential to their survival; therefore, as they fight for their lives, they can not be blamed for taking a stand.

Despite these accusations, privately-owned television networks routinely invite guests whose views are partial to the government and they also cover as many government events as they can; however, such coverage is often impeded by government authorities and by the violent mobs who sympathize with the government. Conversely, the state-owned television network is openly biased, lacks any kind of objectivity and acts as a propaganda machine at the service of the revolution.

Given that President Chavez has hijacked all branches of government, including the Judiciary, the common citizen has nowhere to go in order to enforce his rights. He is therefore left without any option other than to go to the media in order to have his case heard.

Because the traditional political parties were destroyed (along with almost every other institution); the media have found themselves occupying a space that is traditionally occupied by political parties. Fortunately, thanks to President Chavez' attacks on everybody who is not a loyal follower of the "Revolution", political parties are regaining their former standing and the media will be able to go back to being what they should be: impartial raconteurs of events.

The Church

President Chavez has systematically attacked the church and accused its leaders of being coupsters and conspirators, calling it a tumour that must be excised from society. Nonetheless, when he feared for his life during the 11th April 2002 events, he begged its leaders for protection and asked them to be present when he surrendered to the military high command. Finally, in what can only be interpreted as cynical manipulation of the masses, he has recently resorted to the use of religious symbols during his marathon speeches, a situation which has prompted the President of the Venezuelan Episcopal Conference to state that no government in Venezuela has ever abused religious symbols as President Chavez’ has.

State-sponsored Terrorism

Venezuelan President Hugo Chavez and his government are actively involved in promoting and exercising state-sponsored terrorism. To this end, the Chavez regime has orchestrated the creation of civilian “Bolivarian Circles”.

Organized and led by Minister of the Interior and Justice, Diosdado Cabello and by Mayor Freddy Bernal, it is widely believed that many of these “Circles of Terror” are heavily armed and that their members are being trained in paramilitary and terrorist activities, by military personnel and Cuban advisors. President Chavez has often publicly incited them to commit crimes when he has ordered them to defend his revolution with weapons or whatever means are available to them and to carry out acts of intimidation and violence against the opposition and the media.

In a recent escalation of violence, on 6th December, 2002, a gunman who is reasonably presumed to be closely tied to these terrorist circles, opened fire on a group of men, women and children who were peacefully attending a gathering of the opposition at Plaza Francia in Caracas’ mostly middle-class sector called Altamira. Three people were killed, including a 17 year old girl, a middle aged university professor and an elderly lady, and 28 people were wounded, including a 7 year old girl. One lone shooter, Joao Gouveia, was overpowered by those present and handed over to the Municipal authorities. Immediately after being taken into custody, he confessed to his crime. Given the high number of casualties, it is almost certain (although yet unproven) that more than one shooter was involved. Strong evidence suggests the involvement of snipers. Meanwhile, the investigative police who are charged with getting to the bottom of this crime are dragging its feet and essentially obstructing the investigation. Instead of condemning this criminal, terrorist act, in a series of televised statements, President Chavez publicly exculpated the shooter and referred to him as “this Gentleman, Mr. Gouveia”,

A few nights later, these terrorist circles, in a skillfully coordinated effort which involved several hundred people, attacked 21 newspaper printing shops, television and radio stations, in Caracas and Venezuela’s other major cities, under the complacent look of the authorities who are loyal to Chavez. People were wounded, property was destroyed and the damages are worth several million dollars. While all this has been taking place, organized roving bands of Chavez sympathizers have sought out and engaged peaceful members of the opposition, in violent confrontations. These clashes have resulted in several dead and wounded members of the opposition.

President Chavez maintains close ties to the FARC and ELN Marxist / drug trafficking guerrilla terrorists that operate in Colombia. Members of these organizations, together with Cuban citizens who support his “Revolution”, operate freely in Venezuela and have been inducted covertly into the Venezuelan military forces.

Strategic Forecasting (“STRATFOR”) had the following to say in a situation report dated 9th December 2002: “The government of embattled President Hugo Chavez is arming hundreds of civilian supporters, at least three small groups of Colombian rebels have crossed the border into Venezuela, and individuals believed to be Cuban nationals have been spied in Caracas and Maracaibo wearing Venezuelan military uniforms, according to military intelligence (DIM) and police.

"Military intelligence sources say that at least three small groups of rebels believed to be Revolutionary Armed Forces of Colombia (FARC) guerrillas have been identified in the border city of Puerto Ayacucho, in Venezuela's Amazon region; the central city of Maracay and the state of Trujillo, near the border with Colombia. The sources were unable to give details on the size of these groups but said they are believed to be small urban units trained in small-scale street attacks.

"The purpose of a Colombian rebel infiltration apparently would be to create panic and confusion by attacking opposition groups in different parts of the country, once fighting breaks out between pro- and anti-Chavez military units.

"DIM sources also say that several Cuban nationals have established a presence in the country, and that some are believed to be disguised as Venezuelan military personnel. A clandestine Cuban presence reportedly has been confirmed in both Maracaibo and Caracas. Additionally, dissident military leaders very recently publicized immigration movement documents that show more than 6,000 Cuban nationals -- most of them men travelling without women or families -- have entered Venezuela since early 2001."

Chavez has been sympathetic to the regimes in Cuba, Libya, Iran, Algiers and Iraq and has been recently tied to the ETA Basque terrorist organization. It is widely believed that he also has ties to the Arab Hammas and Hezbollah terrorist organizations (the head of the US Southern Command recently stated that Margarita island has become a financing, money laundering and training centre for these groups), and that he provided safe passage to Colombia, for several IRA operatives who were recently captured by the Colombian government and, who are presently standing trial on charges of subversion and other terrorist activities. Also, he irritated the US and President Bush, when he publicly equated the killing of civilians in Afghanistan by the US military, to the 11th September, 2001 terrorist attacks on the US.

Chavez’ government has never taken a clear-cut, proactive stance against terrorism. The few public statements it has issued on the subject, are clearly perceived as being too little, too late, contradictory and insincere.

Coupsters

President Chavez claims that his government was the victim of a fascist military coup on 11th April 2002. He further claims that all those who oppose him are criminal coupsters. Actually, the opposite is true.

First of all, it must be clearly stated up front, that Lieutenant Colonel Hugo Chavez Frias and his fellow officers, who euphemistically “tried to take power and failed”, did so by means of a bloody COUP d’état, which resulted in many casualties.

That said, it must be remembered that Hugo Chavez Frias and his followers enrolled in the military with the specific intent of bringing about change in Venezuela through armed insurrection. They had ties to the most radical members of Venezuela’s extreme left, to the people who had waged a guerrilla warfare against democracy in the 1960’s and who had never really renounced the idea of establishing a communist regime in Venezuela. They are the only people who can rightfully be called coupsters in Venezuela; they led two bloody military insurrections in 1992, which resulted in the maiming and deaths of many civilians and military personnel. However, they never had to answer for their crimes because President Rafael Caldera, in a politically expedient decision, decided to drop all charges against them and in so doing, made it possible for them to run for office.

President Chavez cries foul and accuses members of the opposition of carrying out aggressions against his wife, when they harmlessly bang pots and pans, blow whistles and shout anti-Chavista slogans outside the Presidential residence at La Casona. However, he conveniently overlooks the fact that his rebel troops bombarded La Casona with bullets and artillery shells in 1992 and almost killed a First Lady, who was bravely enduring this onslaught with the help of the Presidential guard. President Carlos Andres Perez was not even there; he was personally handling the military actions which resulted in Lieutenant Colonel Hugo Chavez Frias’ famous surrender at the Military Museum, where he took refuge after he failed, through his ineptitude, to secure a military victory for the coupsters.

Up until 11th April, 2002 President Chavez was perceived as non-democratic by the international community, and the opposition was perceived as trying to rescue democracy for Venezuela. That was true and remains so. Unfortunately however, President Chavez was able to use the events of 11th April to his advantage and turn this perception around. He is now perceived as the victim of coupsters and the opposition is perceived as fascist, intransigent and undemocratic. This is far from the truth, but unfortunately, perception is reality.

Unlike President Chavez and his co-conspirators, those who democratically oppose him are not coupsters. The military officers who were involved in the events surrounding 11th April, 2002 were fiercely institutional heroes, who through their actions averted a bloodbath. They refused to carry out a presidential order to fire upon an unarmed, peaceful demonstration. This order was unconstitutional (Articles 55 and 68) and criminal, and their refusal to carry it out is based on the concept that emerged from the Nuremberg trials, which established that "following orders from above" is no justification for committing crimes. These principles are contained in current Military Codes of Justice. Moreover, in the FIRST act of institutional independence that we have seen in Venezuela since President Chavez came to power, the Venezuelan Supreme Court, in an 11 to 8 vote, absolved of "Military Rebellion" the four highest ranking officers who participated in the 11th April events. Their defence was based on their decision to disobey the President's order to activate a military operation that would have resulted in thousands of civilian casualties. However, President Chavez demonstrated his true colours when prior to the decision he publicly pressured the Supreme Court and its members in an effort to coerce them into reaching a decision that would convict the officers who were on trial, and threatened them with public violence if they did not reach such a decision. When the court decided in favour of the officers, he publicly attacked the decision, attempted to have it overturned, tried to have certain justices removed and replaced, instigated a violent wave of public disturbances in front of the courthouse and elsewhere and, tried through his Minister of Foreign Affairs, to discredit the Supreme Court in the eyes of the international community. In attacking the Supreme Court President Chavez publicly used on national television, scatological language that is unpronounceable in polite company and is unfit for print.

A vast majority of the Venezuelan population is actively seeking to remove President Chavez from office, through democratic means. These include protesting as happened on 11th April, when close to 1,000,000 unarmed civilians, marched peacefully with the intention of demanding his resignation, on 10th October, when approximately 1,200,000 people from all social classes did the same and subsequently, during the many marches and gatherings that have taken place in ever-increasing numbers. However, on 11th April, President Chavez ordered his high command to bring out tanks and troops and shoot on the peaceful, unarmed demonstration that was trying to reach the Presidential Palace. When the high command refused, President Chavez ordered an elite group of loyal sharpshooters to shoot on the demonstration. 16 people were killed (three more died subsequently) and hundreds were wounded. President Chavez' ministers ordered the Bolivarian Circles to shoot on the march as well. The press who was covering the events, despite a government-imposed media blackout, broadcasted for the world to see, televised images of the carnage. At this point, the military high command told President Chavez that the situation was out of control and demanded his resignation. He accepted, as long as he would be allowed to flee to Cuba, with a large sum of money (reportedly, US $ 7,000,000). General Lucas Rincon Romero, Venezuela’s highest ranking military officer announced on nationwide television that the President had resigned and then announced the resignation of the military high command. When a group of hard line officers refused to let Hugo Chavez Frias flee from prosecution, he went back on his word and said that he was being "held against his will". However, this was not made public until after he was returned to power,

Asking for the President’s resignation is not equivalent to a coup. Under the Constitution of 1999, the people have a right to protest and express their views, as long as this is done peacefully and democratically (Article 68). In an attempt to justify his own coups of 1992, President Chavez included Article 350, which says the following: “The people of Venezuela, faithful to their republican tradition, their struggle for independence, peace and freedom, shall not recognize any regime, legislation or authority, that contradicts the values, principles and guarantees of democracy, or that undermines human rights”. Moreover, Article 333” says the following:” This Constitution shall not lose its validity if it ceases to be observed as a result of an act of force or is annulled through a procedure that is not contemplated herein. In such cases, every citizen, vested with authority or not, has the obligation to help restore its effectiveness”. In other words, it pretty much establishes the OBLIGATION to rebel against a government that violates human rights and other democratic principles, much along the lines of the second paragraph of the Declaration of Independence of the United States of America and the third paragraph of the Preamble to the Universal Declaration of Human Rights and also, to re-establish constitutional order.

Asking for the President’s resignation falls within these rights and obligations. Moreover, under the Constitution his resignation is described as an "absolute [permanent] absence" (other such absences include the President’s death, mental insanity, impeachment and removal from office via recall referendum). Unfortunately, after President Chavez resigned, the mechanism which is established in the Constitution for the purpose of dealing with such absences was not followed and the "constitutional thread" was broken; not by the military, but by a handful of civilians, led by Pedro Carmona Estanga, who was the President of Fedecamaras (Venezuela’s umbrella organization of business chambers) . Pedro Carmona had been chosen to lead the transition government as Interim President. Against the advice of seasoned politicians, on 12th April, he and his team issued a decree that disbanded the National Assembly and the Supreme Court, fired the entire cabinet, the Attorney General, the Solicitor General, the Comptroller General and the Ombudsman. The decree also gave Interim President Carmona the right to appoint all Governors, Mayors and public officials at the state and municipal levels. The issuance of this infamous decree is what constituted a coup.

The decree was vehemently rejected by most Venezuelans, people and institutions, who believe in democratic principles, and decried as dictatorial. Among its most vocal critics was the Confederacion de Trabajadores de Venezuela (“CTV”), Venezuela’s largest labour federation, who had accompanied Fedecamaras in leading the march towards the Presidential Palace a few hours earlier. CTV’s representative stormed out of the room where the signing ceremony was to take place, as soon as he became aware of the decree’s content, shortly before it was read publicly.

When the military who had supported the provisional government saw what it was up to, they demanded that it reinstate the National Assembly and all elected public officials, whose legitimacy was not in question, and when this did not materialize, put Hugo Chavez back in power. Most Venezuelans, including those who had participated in the march the day before, felt that Hugo Chavez was preferable to a right wing dictatorship and his support in the polls skyrocketed from 15% to over 50%. President Chavez subsequently used this chain of events, to purge the military of those officers who are not unconditional followers of his "Revolutionary Project", including officers who put him back in power.

The Economy

Since he came to power, President Chavez has systematically destroyed the country's economy, through mismanagement and blatant misappropriation of funds and corruption.

In 2001, the Government presented a balanced budget for 2002 on the basis of US $16 per barrel of oil for the Venezuelan basket of crudes. Oil revenues represent over 50% of government revenues. However, the country experienced a fiscal deficit in excess of 4% of GDP, despite the following facts: (i) in 2002 the average price of oil for Venezuelan crudes exceeded US $20 per barrel, (ii) VAT was increased to 16% and almost all exemptions were eliminated, (iii) a new debit tax of 1% on all banking transactions was established. People ask “where did the money go?”

President Chavez recently spent more than US $65 million on a new Presidential airplane (Airbus 319 Corporate Jet). The real cost of this plane, as per Airbus information is US $34 million ("green" or "bare bones"), plus US $7 to $10 million to outfit it for executive use. Where did the difference go? Meanwhile, 20% of the population is unemployed, and 55% is underemployed (street peddlers) and can't satisfy their basic needs for food.

The lack of a credible judicial system and legal environment, and the enactment of investment-unfriendly laws, has discouraged Venezuelans and foreigners from investing in Venezuela and promoted an exodus of capital and companies.

Reliable sources indicate that capital flight over the past four years has exceeded US $35 billion (equivalent to 35% of one year’s GDP). Of this amount, US $16 billion (equivalent to 16% of one year's GDP) have reportedly been siphoned out of Venezuela by President Chavez and his entourage and are deposited in secret offshore accounts. It is widely believed that these funds are being used to finance political campaigns and subversive activities throughout Latin America, and for the personal enrichment of President Chavez and his entourage.

Meanwhile, President Chavez tells the population that they should starve and go naked; in order to support and enjoy the benefits of the “Revolution”, whilst he shows no sign of malnutrition and has a wardrobe that would is the envy of any expensively-dressed millionaire.

Diseases, such as malaria, that had been eradicated decades ago, have reappeared and are reaching epidemic proportions. People are beginning to eat dog food (as a cheaper source of protein). 60% of the population is eating less than three meals a day and malnutrition is taking its toll on large segments of the population.

During the past four years, Venezuela has enjoyed the highest level of oil revenues in its history (over US $125 billion). However, Venezuela’s economic indicators, such as inflation, unemployment, GDP growth and devaluation are twice as bad as the respective averages for those indicators for the region. Venezuela has the worst performing economy in Latin America, with perhaps, the exception of Haiti. Internal debt has quadrupled from Bs. 2.5 trillion to over Bs. 11 trillion (US $15 billion). The government has caused the currency to devalue over 100% since January 2002, and is using this devaluation to reduce the burden of internal, local currency-denominated public debt. It is rolling over this debt by issuing government paper which bears inordinately high interest rates and trying to force it on the private banks. Lending rates exceed 40% p.a. and companies aren’t borrowing. Economic activity is down, while inflation is estimated at 32% for 2002. The government is encouraging the public to withdraw their deposits from private banks and deposit their money in state-owned banks that have been constantly on the verge of bankruptcy. The banking sector is heavily invested in government securities of dubious quality and a deteriorating credit portfolio, and is facing a major crisis.

During President Chavez’ government, 1,000,000 jobs have been lost; over 70% of the industries in the states of Aragua and Carabobo have closed, multinationals have left Venezuela, practically all the foreign banks that operated in Venezuela have closed shop, 3,000,000 Venezuelans have dropped below the poverty line, making President Chavez’ government, literally speaking, the “government of the poor”.

Finally, he is trying to politicize and destroy the state-owned petroleum company Petroleos de Venezuela S.A – PDVSA, formerly, a world-class multinational corporation that provides 85% of Venezuela export revenues, 50% of its fiscal revenues and contributes to 30% of the country’s GDP (directly) and over 40% of GDP (indirectly).

Elections

President Chavez is a “Revolutionary” and as such only believes in elections as a means to an end: Power. Once in power and seeing that his popularity has eroded from close to 90% to below 30%, he is terrified of being counted at the polls. Instead, he tries to hang on to power by any means within his reach and to avoid elections at all costs.

On the other hand, the opposition is actively seeking internationally-supervised (by the OAS) elections to be held as soon as possible.

On 10th October 2002, the opposition marched under the slogan “Elections Now”. An opposition that is calling for elections as soon as possible can not be labelled as a gang of coupsters.

On 2nd November 2002, hundreds of thousands citizens marched and delivered to the National Electoral Council, over 2 million signatures demanding a “Consultative Referendum” pursuant to Article 71 of the Constitution. The electoral authority processed the request and set a date for the referendum: 2nd February, 2003. However, President Chavez and his sympathizers have done everything within their means to block this initiative and in a blatant case of legal chicanery, whereby they recused certain Supreme Court Justices, and replaced them with loyalists, all in violation of the pertinent procedures, they succeeded in having the Supreme Court invalidate the referendum, shortly before it was to take place on 2 February, 2003. Through this move, three Justices swept away the will of the more than 2 million Venezuelans who had demanded that a referendum take place, and violated their constitutional rights to vote.

President Chavez says that if the opposition is successful in carrying out a recall referendum in August 2003 and he is voted out of office, he will step down. However, he also speaks of remaining in office until 2021 and most recently, he said that he would remain indefinitely. This is impossible under the present Constitution, even if he is re-elected for another six years at the end of his term in 2007. This kind of double-talk is typical of President Chavez.

President Chavez says that all the options that are being proposed by the opposition are unconstitutional and tantamount to a coup. This is not true; the Constitution specifically refers to the resignation of the President and also, to the “Consultative Referendum” (Article 71) for matters of paramount importance affecting the national interest. The initiative for such a referendum can come from either: (i) the President and his cabinet, (ii) a majority vote of the National Assembly, or (iii) at the request of no less than 10% of the country’s voters. Solving Venezuela’s deep political crisis is clearly of paramount importance.

Simply stated, the democratic opposition rejects violent and undemocratic solutions and wants to achieve the following objectives by democratic means:

- The appointment of a credible, impartial Truth Commission for the purpose of investigating, establishing responsibilities for, trying and convicting, all those who are found culpable in relation to the deaths and casualties which occurred on 11th , 12th and 13th April, 2002, irrespective of where their political sympathies lie.

- Disarmament of a group of armed civilian paramilitary militias, called the Bolivarian Circles, who are trained, armed and financed by the government.

- Disarmament of the civilian population, irrespective of political affiliation or sympathies.

- The appointment of a credible, impartial electoral authority.

- Early Presidential elections, to be supervised by the OAS (as in Peru). These elections can result from any of the following situations: -Resignation of the President.

-Consultative Referendum, followed by resignation of the President.

-Recall Referendum leading to the President’s removal from office.

-Constitutional Amendment (via referendum) to shorten the Presidential term of office.

-Impeachment of the President under present and future charges.

- The establishment of a post-Chavez political environment that recognizes the right of MVR (President Chavez’ party) to participate in the national debate and all legitimate political activities.

International opinion

Since 11th April, 2002, Hugo Chavez has unleashed a well-orchestrated, lavishly-financed Goebbelian propaganda blitz that unfairly and inaccurately portrays the opposition as a gang of undemocratic, fascist, corrupt, elitist, racist, violent, terrorists, saboteurs, assassins and coupsters, who wish to bring down his government by undemocratic, violent means.

This theme is systematically repeated at all levels of government and is the cornerstone of a media campaign that has been very successful in creating a generalized opinion outside of Venezuela, which is favorable to his government and unfavorable to the democratic opposition.

In order to perpetuate this myth, he is constantly unveiling fictitious assassination plots and conspiracies. Recently, in a ridiculous attempt to further this view and to implicate the media in this conspiracy theory, Venezuela’s Ambassador to the OAS held up a Venezuelan newspaper headline that said “Death to the Tyrant”. The headline in question was indeed authentic…….it was published prior to the overthrow of Dictator Marcos Perez Jimenez in 1958!

Contrary to what Hugo Chavez would have you believe, the democratic opposition is trying to rescue true democratic values for Venezuela.

Recent Events

On 22nd October 2002, a group of 14 generals, admirals and other mostly high ranking officers, declared themselves in “Legitimate Civil Disobedience” pursuant to Articles 350 and 333 of the Constitution. On national television they read a statement whereby they rejected a military coup, supported the civilian population in their demands for early elections and a democratic, peaceful and constitutional solution to Venezuela’s crisis. This most unorthodox statement was initially interpreted by the international community as one more case of military officers, who were engaging in military rebellion (usually, when you see a group of generals on television in Latin America, this is the case), but it soon became evident that their actions were in fact legal under the Constitution and unprecedented in the annals of political science. However, the government immediately labelled them as coupsters, etc., etc. Nonetheless, after the officers explained their actions and it became clear to everyone that these were well within the framework of the Constitution, they were able to speak to the Secretary General of the OAS, as part of the Democratic Opposition. These officers set up camp at Altamira’s Plaza Francia, where they were joined by approximately 130 additional military personnel of all ranks. Civilians from all walks of life have been gathering there since then, by the thousands, round the clock, in support of their actions and have provided them with food, lodging and other types of assistance.

After three months of preliminary negotiations through the Secretary General of the OAS, on 9th November 2002, the opposition succeeded in bringing the government to the negotiating table for the purpose of finding a peaceful, democratic, constitutional and electoral solution to the deep crisis affecting Venezuela. This effort is being carried out under the auspices of the OAS, the UN’s Program for Development and the Carter Centre. The opposition has asked for early elections and/or the resignation of President Chavez and the Government insists that any electoral solution will have to wait until after 19th August, 2003.

In order to put pressure on the government, on 2nd December 2002, the general population declared itself in Civil Disobedience, pursuant to Article 350 of the Constitution. Over 90% of PDVSA’s 40,000 employees have decided to stay at home. Almost every day, the opposition holds rallies, marches and protests and on several occasions, these have outnumbered the April and October events. Often, these events have been brutally repressed by the National Guard, Military police, and certain Army battalions and police forces that are loyal to the government. President Chavez has labelled this massive demonstration of civil disobedience a fascist, terrorist, criminal, sabotage, carried out by racist, elitist, corrupt, violent traitors, etc., etc., etc.

President Chavez countered by asking a number of countries to get involved in the mediation process under the leadership of Brazil; he was hoping that Brazil’s newly-elected President Lula Da Silva would ensure that these countries would be sympathetic to Chavez’ cause and undermine the role of OAS Secretary General Cesar Gaviria. However, the US got involved early on and a “Group of Friends of Venezuela” was made up by Brazil, who acts as coordinator, the US, Mexico, Chile, Spain and Portugal. Unhappy with the make-up of the group, Chavez tried unsuccessfully to persuade Lula to include Algiers, France, Russia, China and Libya.

Meanwhile, President Carter presented the negotiating table with two possible constitutional solutions: (i) a Constitutional amendment, which would shorten Chavez term to 4 years (time-served) and (ii) A Recall referendum, to be held on 19th August 2003. Both initiatives would be followed by internationally supervised elections.

On Sunday, 2nd February 2003, the date on which the aborted Consultative Referendum was to take place, the opposition held a massive drive to gather signatures for the purpose of carrying out a number of electoral and civic initiatives which include: a Recall Referendum for the purpose of terminating the mandate of the President; a Recall Referendum for the purpose of terminating the mandates of several members of the National Assembly, Governors and Mayors; a Constitutional Amendment for the purpose of shortening the Presidential term to 4 years (time served); a petition for the President’s resignation; convening Constitutional Assembly for the purpose of overhauling all branches of government and replacing all government officials; the abrogation of 47 unconstitutional laws; a letter of support of the media; a letter of support of PDVSA’s employees. Preliminary figures that more than 4 million signatures were gathered on that day. However, the drive will continue through Sunday 9th of February and it is expected that more than 6 million signatures will be gathered by the end of this process. Considering that the universe of registered voters is 11 million, these numbers are truly impressive. Although the Consultative Referendum was sabotaged by the government, Venezuelan citizens rejecting Hugo Chavez’ government were able to be counted for the world to see.

Foreign Exchange (“FX”) controls were announced on 23rd January 2003 and the sale of FX was suspended. Nonetheless, some FX trading continued through the purchase of Venezuelan foreign debt Brady Bonds in local currency, and the sale of the bonds in dollars. However, on 5th February 2003 the government decreed a strict system that forces all purchases and sales of FX, to go through the government and suspends the trading of Brady Bonds in local currency. Sales in violation of this decree (black market, at a higher FX rate) will entail stiff penalties. President Chavez has announced publicly that no foreign exchange would be made available to the “coupsters”. In other words, FX controls will be used as a tool by the government in order to asphyxiate companies who are identified as taking sides with the opposition.

Today, after 64 days of Civil Disobedience, the economy is pretty much shut down, PDVSA is almost destroyed, fuel shortages have led to food shortages and the media is threatened more than ever. The government and the opposition have yet to reach an agreement and there is no clear resolution in sight.

Concluding comments:

Well before Hugo Chavez Frias became President, he forged ties with the Communist parties in Latin America and terrorist groups such as the FARC-EP and ELN of Colombia, the Shining Path and MRTA (Tupac Amaru Revolutionary Movement) in Peru, just to name a few. Their agenda is to spread a Cuban-style revolution throughout all of Latin America, from Mexico all the way to Argentina. Today, he has no clearly defined ideology. However, his role models and closest allies are Fidel Castro, Muammar Gaddafi, Abdelaziz Boutefilka, Mohammad Khatami and Saddam Hussein, whom he calls his “Brothers”. He is sympathetic to their regimes and maintains close ties with international drug trafficking and guerrilla terrorist organizations. Rather than condemning terrorism, he promotes it.

Ever since he was democratically elected in December 1998 (nobody disputes this) he and his government have systematically used the façade of democracy and elections to convert Venezuela into another Cuba. Although his government was democratic in its origins, it has lost its democratic legitimacy over time. This concept, that democratic legitimacy must be maintained throughout the government's tenure, is new and very important; it was introduced by the United States in an amendment to the Interamerican Democratic Charter of the OAS that was signed in Lima on 11th September, 2001. Up until then, governments were considered democratic, as long as they were democratically elected; period.

The first thing President Chavez did when elected, was to systematically destroy all the democratic institutions and eliminate the checks and balances that must exist in any democracy. He did this in order to perpetuate himself in power.

Congress was dissolved, a Constitutional Assembly was convened, a new constitution was written (in violation of the provisions of the 1961 Constitution, which was subsequently annulled), the previous bi-cameral Congress was replaced by a unicameral National Assembly, the presidential term was extended from 5 to 6 years, a one-time immediate re-election became a possibility and two years after he took office, he called for general elections, which he won. Through these mechanisms, President Chavez, who had been elected for 5 years (1999-2004) served two years as President (1999 and 2000) and effectively created the conditions for remaining in power until 2013. He brought all forms of government under his control, turned the legislative and judiciary branches into rubber-stamping lackeys. He staffed the national electoral authority with unconditional supporters, who would allow him to rig all elections going forward (Cuba and Iraq hold elections all the time, but can hardly be called democratic). In order to immunize himself against legal prosecution, he ensured that all legal proceedings against the President had to be filed by the Attorney General and appointed an unconditional loyalist to this post (prior to becoming Attorney General, Isaias Rodriguez was Vice President of Venezuela, a position that is only entrusted to the most loyal followers, and he was a member of the directorate of Hugo Chavez’ party, MVR. Presently, he is sitting on 14 lawsuits that have been brought against President Chavez, on charges which range from crimes against humanity for his responsibility in relation to the 11th April, 2002 killing of 19 peaceful demonstrators, to misuse of the Macroeconomic Stabilization Investment Fund (“FIEM”), the illegal acceptance of campaign contributions from BBVA and BSCH, embezzlement, illegal use of public funds and properties to further the aims of his political project, other corruption charges, constant violations of the Constitution, Public Credit laws, the Military Code of Justice, etc, etc, etc.). The Comptroller General and the Ombudsman were also appointed so as to ensure that no harm would come his way from them. When the new Supreme Court was appointed, the mechanisms for its creation, which were clearly established in the new Constitution, were blatantly violated. Nonetheless, the newly appointed Supreme Court, which included a pro-Chavez majority, justified its own appointment on grounds of the "transitional nature of the political circumstances that existed in Venezuela" (???!!!...) .

President Chavez has tried to coerce the Supreme Court and has viciously attacked and tried to discredit it, both in Venezuela and abroad, when it dares exercise independence and its decisions displease him. In this regard, he had the Superintendent of Banks demand from the banking system, information concerning the bank accounts of those Justices who voted to acquit the officers who were involved in the April 2002 events. This is illegal, unless done as part of a court-ordered investigation, in a trial against those being investigated, which was not the case. The banks refused and now they are also being labelled as coupsters, etc., etc.

He has also tried to politicize and divide the military along ideological grounds; to destroy all the democratic institutional values that were inherent to the armed forces, and has tried to turn the military into a Cuban-style militia at the service of his "Revolutionary Project". This is a direct violation of "his" new Constitution as well. Meanwhile, monies that should go to governors and mayors are being transferred in cash to the commanders of the military garrisons throughout Venezuela. These garrisons constitute a parallel government that carries out the activities that correspond to popularly elected civilian authorities. Also, he has severely compromised the military's operational capabilities.

President Chavez has also violated the Constitution and all the laws he has seen fit to violate, whenever they stand in the way of his view of the "Revolution": He enacted confiscatory land reform legislation, which violates the Constitution; overstepped his authority under the fast-track Enabling Law, in enacting a package of 49 economy-related laws, and plunged the country into legislative chaos.

He tried unsuccessfully to penetrate and take control of the organized labour movement by claiming that his government’s subservient electoral authority had the right to run the unions’ internal elections. This is in violation of international agreements that have the force of law in Venezuela. He then claimed that his government would not recognize the authorities that were properly elected by the labour unions.

He tried unsuccessfully to penetrate and politicize the Universities. In one instance, the President and deans of the Central University (“UCV”) were held hostage for several days by a gang of armed students who were led by the son of then Vice President of the Republic, Adina Bastidas.

President Chavez has systematically attacked the Church and accused its leaders of being conspirators.

He has also systematically persecuted and maligned the media and included them as well in his list of conspirators.

Generally speaking, President Chavez has tried to asphyxiate the country and turn it into another socialist "Sea of Happiness" as he describes Cuba and its "heroic population".

However, the straw that broke the camel's back and precipitated the April 2002 events, was his decision to interfere with the operation of the “goose that lays the golden eggs”: Petroleos de Venezuela S.A. - PDVSA, the state-owned petroleum company, formerly, a world-class multinational that he tried to politicize. In late march 2002 he broke with the concept of "meritocracy" that had always existed there and promoted some unqualified political loyalists, to the Board of Directors. Upper and middle management protested, blue collar workers supported them, refineries were shut down, oil shipments were halted, the electrical generation companies and transportation sectors, who depend on fuel, came close to shutting down, the government's ability to deal with the situation became compromised, the labour unions and business chambers stepped in, called a national strike in support of PDVSA and the civilian population, who is fed-up with President Chavez and his policies, responded en-masse and marched on the Presidential Palace on 11th April, 2002

Since then, President Chavez and his supporters have torpedoed all efforts to create a credible “Truth Commission” who would be charged with getting to the bottom of, and establishing responsibilities for, the killings which took place, in April 2002.

His government has changed its tune from “Revolutionary” to “victims of criminal coupsters”, and he has managed to turn the tide of international public opinion in his favour. Also, he gained the support of the heads of state of the Rio Group and later, most of the OAS, who feared for the stability of their own governments.

President Chavez is trying to portray himself abroad as a democrat, when in reality, he is a despot, who constantly uses a language of aggression and encourages social confrontation in Venezuela. He speaks of dialogue but has no real intention of sitting down with the opposition in order to find ways to solve the political, social, economic crisis affecting Venezuela. He is spending millions of dollars abroad in order to improve his international image, while pressing problems remain unsolved in Venezuela. He is engaging international organizations such as the Carter Centre in order to gain legitimacy in the eyes of the international community.

Social tensions have reached unprecedented highs and the risk of physical confrontation and bloodshed are real. Opposition forces are actively working on many fronts to bring President Chavez down, democratically. Ironically, Articles 333 and 350 of President Chavez’ own constitution might hoist him on his own petard and contribute to his undoing.

Caracas, Venezuela +58-414-336-1184 guzmanblanco@hotmail.com