Beyond free elections

By Luis Manuel Aguana

"There is a very transparent objective of the opposition: to convey to Maduro's regime a message as clear as it is discreet: either let the OAS organize free and multiparty elections, or risk a collective military intervention led by the United States, a country that has, I insist, many casus belli" (see in Spanish, Carlos Alberto Montaner, “La Oposición venezolana”, en el Foro “Iniciativas para cesar la usurpación en Venezuela”, en https://youtu.be/SIY0LTlWjoM, min 2:19). Casus belli: "The casus belli is nothing other than the generating fact or the one that motivates the declaration of war... Case, cause or motive of war. It is the offensive act executed by one nation against another, and which the latter judges sufficient for the declaration of war" (see in Spanish Enciclopedia Jurídica, Casus Belli, in http://www.enciclopedia-juridica.com/d/casus-belli/casus-belli.htm).

With these words Carlos Alberto Montaner, a prominent member of the Board of Directors of the Inter-American Institute for Democracy, summed up, in my opinion brilliantly, the substance of what a group of Venezuelan citizens asked of the OAS in a letter addressed to its Secretary General, Dr. Luis Almagro, on June 16, 2020 (see in Spanish https://www.gopetition.com/petitions/apoyo-la-solicitud-de-la-sociedad-civil-venezolana-al-secretario-general-de-la-oea-para-la-aplicaci%C3%B3n-de-una-soluci%C3%B3n-humanitaria-de-caracter-electoral.html).

But although this statement is completely true and we subscribe to it in its entirety, it carries within it a heavy burden of complexity for its implementation, starting with the tricks that were applied to us on the social networks by those Venezuelans who did not understand it, believing from the start that we were asking for elections with Maduro and his CNE, when we called it a Humanitarian Solution of an Electoral Nature, because "in Venezuela they no longer apply elections. If this, which Montaner explained as clearly as possible, is not understood by those who we assume are on our own sidewalk of struggle and who in some cases have been beating the regime for years, as we have, what can we expect from the rest of the Venezuelans?

Even if we manage to convince all Venezuelans, the OAS ambassadors and their respective governments will still have to understand it and then begin to think about that casus belli if all options are exhausted. You see how far we are still from a military intervention, assuming that the governments of the continent accept the casus belli in the event that they begin to work actively for this Humanitarian Electoral Solution proposed. This issue is not as easy as saying in Venezuela that the only thing needed is for the National Assembly to approve 187#11, or to ask the UN Security Council to approve a military intervention without the conditions being met. It is for that reason that we believe that the "or let the OAS organize free and multiparty elections" of Montaner's intervention would come faster than the military option of casus belli.

However, I would like to make a clarification here that I consider extremely important: we basically asked the OAS to mediate in the Venezuelan problem, and after accepting that arbitration, to decide on the convenience of two perfectly applicable options after deciding to intervene electorally in the country: "a) an electoral act that forces the regime that usurps power in Venezuela to accept the people's mandate in a binding Popular Consultation, established in our Constitution, that allows the people in exercise of popular sovereignty to decide on the Cessation of the Usurpation, the formation of a Transitional Government that guarantees basic and institutional conditions, of social coexistence, that allows the holding of free and democratic elections; or b) by a Presidential Election that replaces the legitimate exercise of the Presidency of the usurped Republic” (see our support for the Venezuelan Civil Society's request to the OAS for a Humanitarian Electoral Solution, in http://ancoficial.blogspot.com/2020/06/comunicado-anco-respaldo-la-solicitud.html).

In both cases, it would be the Venezuelan people who would finally decide the fate of the country, allowing them to take a step forward in solving the serious political crisis. But both options have fundamental differences. The International Community has been asking for years for a constitutional, peaceful and electoral solution, but it does not walk on the fact that in Venezuela all the institutions evaporated due to the corrosive action of a tyranny, including the partisan institutions and the electoral arbiter. Everything has to be rebuilt, including the parties, which have been contaminated by the poisons of corruption and collaborationism. To hold a presidential election without a solid and structured political floor is to plunge the country into a spiral of instability. The country needs a transition from the current state of affairs to a new one, with much healthier and strengthened institutions, which guarantee a minimum of political stability.

If the OAS decides to act actively in the electoral intermediation in Venezuela, it will have to go beyond the option that Carlos Alberto Montaner suggested with meridian clarity of "free and multiparty elections", but the consideration of a special period of political stabilization with support of the vote, where the presence of the most representative factors of the Venezuelan reality exists in the conduction, that allows the country to go reconstructing all the institutions destroyed by Maduro and his mafia. It is not a requirement but a recommendation for the benefit of a country that has been destroyed to the foundations of its nationality.

ANCO has long recommended the need for a post-mature collegial government to lead a period of recovery for the country. Given the level of institutional destruction that will be left in Venezuela by the Maduro regime's narco-criminal plague when it leaves, it will take the best minds and experience in all areas to recover from this tragedy a thousand times worse than the COVID-19 for its capacity to generate death and destruction.

And this collegiate government does not exist in our constitutional system, so it has to come from a decision of the citizens. Guaidó does not have that support because its presidency was not born of the popular vote. Any proposal made to recover the institutional balance must go in the direction of the popular support of whoever governs and the form that government has. Venezuela will need a new form of government to overcome the dangers that will arise from the institutional destruction caused by the regime. So, beyond thinking about dispatching this problem with an election, let's first consider the appearance of a transparent and reliable arbiter, and then think about the direction the process will take. And since in Venezuela that arbiter disappeared a long time ago, we are still looking for him outside. I hope that the OAS will be encouraged to do so. I think it's in their interest as much as ours...

Caracas, July 24, 2020

Email: luismanuel.aguana@gmail.com
Twitter:@laguana

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