The open threat of the CNE to the
refusal of technical assistance from the National Primary Commission (CNP),
according to which the Electoral Power has exclusive competence to organize any
election in the country, including beauty and carnival queens anywhere in
Venezuela, makes us infer that from one moment to another, even during October
22, the date of the election itself, we should expect the intervention of the
regime in the opposition primaries.
In its communiqué in response to the CNP, the CNE stated: "The electoral power, in accordance with the Constitution, the Organic Law of the Electoral Power and other applicable legal provisions, has the exclusive competence to organize elections, providing technical and logistical support to professional associations, unions, political organizations, as well as to community councils, communes and other social organizations that request it" (see in Spanish. Morfema Press: Amoroso y porfiado: El CNE reafirma competencia exclusiva para realizar elecciones en Venezuela, in https://morfema.press/actualidad/amoroso-y-porfiado-el-cne-reafirma-competencia-exclusiva-para-realizar-elecciones-en-venezuela/)(emphasis added).
From the simple reading of Article 293.6 it is clear that the Constitution does not establish any exclusivity within the functions of the CNE: "The Electoral Power has the following functions:... 6. To organize the elections of unions, professional guilds and organizations with political purposes under the terms established by law. Likewise, it may organize electoral processes of other civil society organizations at their request, or by order of the Electoral Chamber of the Supreme Court of Justice ...." (emphasis added).
And, in turn, the Organic Law of Electoral Processes (LOPE), establishes: "Duty to conduct electoral processes, Article 172: The National Electoral Council may at the request of the social organizations, organize and direct their electoral processes. Likewise, it shall provide technical advice for the celebration of the mentioned electoral processes, in accordance with Article 293 numeral 6 of the Constitution of the Republic. Likewise, the National Electoral Council, by order of the Contentious Electoral Courts, shall organize the electoral processes of the social organizations" (emphasis added).
Based on such regulation, not only do they not have the exclusivity, but also the definitive request for assistance required by law. As it is well stated in Article 293.6, the CNE may organize elections "under the terms established by law" -in this case the Organic Law of Electoral Processes- which in turn indicates that such assistance must be "at the request of the social organizations". However, what does it matter what the law says to a tyranny? They have a Judicial Power that will indicate that such primary elections can be tutored through their CNE "by order of the Electoral Chamber of the Supreme Court of Justice", something that the TSJ Magistrates of the regime will hasten to do at their request when ordered to do so.
However, it is not this logical sequence of the trap that is being set up -and that I have already reviewed previously- what moves me to write this note, but to try to put into perspective that all this circus around the opposition primaries has made Venezuelans forget the true meaning of what should be achieved with the milestone of the 2024 elections. Hopefully, the milestone will become the ultimate goal of getting out of the regime through a candidacy that truly represents the Venezuelans' feeling of change. However, given the circumstances, the nearest objective -or immediate milestone- should be to prevent the regime from legitimizing itself in 2024, if we fail to impose a candidacy representative of the people's sentiment. The perspective cannot be lost.
What does this mean? Some believe
that the objective of the regime is to suppress the primary process and that is
a mistake. The regime needs the primaries in front of the world and is
desperately trying to make the official opposition itself solve the problem
caused to both of them by the unusual and unforeseen emergence of the María Corina Machado (MCM) candidacy, which represents a danger for the future of both of them.
The regime gave the parties of
the official opposition the opportunity and enough time to solve the problem,
for which Henrique Capriles has diligently moved by submitting to the NPC a
proposal as to what to do if a disqualified pre-candidate is elected, which
they have not yet decided. Likewise, the suspicious position of Manuel Rosales,
which includes his negotiation with Capriles, staying out of the primaries,
only waiting for the intervention of the regime with the CNE to register in a
renewed process of primaries without the disqualified. However, they have run
out of time, and as they need to prevent MCM from becoming the presidential
candidate of the opposition, they will have to intervene directly.
All this garbage intends to send
a message to the International Community that there will be a clean process of
election, with the vote of the opposition people, of a candidate that will face
the regime in a transparent manner in 2024, knowing that, from now on, the
regime is maneuvering with its bought opposition to leave out of the process
those who were illegally disqualified from the beginning, especially MCM.
This leads us to propose the
rejection of any election, primary or presidential, that does not include ALL
candidates running, and to call upon the International Community to REJECT as
illegitimate any election held in Venezuela without the participation in the
primary and presidential elections of ALL PRE-CANDIDATES or CANDIDATES, for
both processes.
And why this sentence? Because
Venezuelans are heading towards a judicial hijacking of the primaries with the
intention of removing MCM as the main opposition candidate, with the complicit
acceptance of the parties of the so-called Unitary Platform. The problem for
the regime is not the primaries, it is MCM (see Its not primaries, its María
Corina, in https://ticsddhh.blogspot.com/p/its-not-primaries-its-maria-corina.html).
And if the regime does not perceive that it will be equally rejected and not
recognized by the International Community, both for that action and for not
accepting her as a presidential candidate, all the effort to try to get out of
this tragedy electorally will have been worthless.
The main reason why the regime is
financing the complicit opposition, in order to obtain an
"opposition" candidate acceptable to its purposes, is to achieve that
the election of 2024 be considered legitimate in the eyes of the International
Community, achieving the cessation of sanctions and the reintegration of
Venezuela to the concert of nations.
All Venezuelans, both those who live here and those who had to go into exile, have to make the greatest effort to prevent this from happening. And that will only be possible if we manage to convince everybody that only an election that includes all candidates, especially MCM, both in the primary elections without the intervention of the regime with its CNE, and in the presidential elections with minimum conditions of participation, are the "sine qua non" conditions for the results of the 2024 presidential election to be considered legitimate. Otherwise, it will only be a hoax that should be rejected by the world, as were the illegitimate elections of Maduro in May 2018.
If the regime is preparing the legal ambush of the self-managed primaries of October 22, it is because it believes it can do so without consequences. They must be made to perceive the opposite. That if it hijacks them, it will not achieve its goal of legitimizing itself in 2024, even if it puts a broken bat like Manuel Rosales as a muppet to be defeated, or any other that does not represent the true feeling of change of Venezuelans. And this must be made known to them right now. For that, the true opposition must move with the US, the European Union, and the rest of the countries committed to the rescue of democracy and freedom in Venezuela, and achieve the respective pronouncements, under penalty of a repetition of 2018 in 2024. There is not much time left for that...
Caracas, October 8, 2023
Blog:
TIC’s & Derechos Humanos,
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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