By Luis Manuel Aguana
The way out that the political strategists found in the speech of
Congressman Juan Guaidó as the new President of the National Assembly, to elude
the hot potato of giving a clear answer to Venezuelans in relation to the
constitutional responsibility of the National Assembly to make up for the
absolute lack of the President on January 10 was to change the name of the
problem: "As of January 10 we then
face the rupture of the Constitutional order and the Presidency is not vacant,
it is being usurped and that must be very clear..." (see in Spanish Complete
speech by Juan Guaidó, new President of the National Assembly of Venezuela -
01-05-2019)., https://youtu.be/Ob62tsdkbiw, min 36:53).
I imagine the reasoning must have been something like this: "If we
say that there is a Power Vacuum - or vacancy - we will have to fill that
vacancy because there is no President to appoint, but if we call it usurpation,
then the problem is not to appoint a new President but to present the country
with a plan to get out of the usurper", which structurally changes the
problem, which makes this declaration and proposal to the country extremely
serious for Venezuelans by the new Directive of the National Assembly in the
words of Deputy Guaidó, because in that we can take every year of the world
with the consequent deepening of the destructive thrust of the dictatorship.
It could be said that the escape window was intelligent for the purpose
of evading responsibility, but the question for Venezuelans is, do we or do we
not want a new Government to be appointed immediately? This without taking into
account the fact that it is not the politicians of the National Assembly who
are responsible for describing the legal status of Nicolás Maduro Moros, but
the Court that sentenced him to 18 years and 3 months in prison in Ramo Verde,
as well as the situation that his sentence generates.
Let us recapitulate the Dispositive of the Sentence of Nicolás Maduro
Moros, Chapter X, File SP-2018-001, published on October 29, 2018 (see document
of the sentence in the Official Twitter of the legitimate TSJ in, https://twitter.com/TSJ_Legitimo/status/1056859165187076096?s=03, pags. 150-151):
"TENTH: The "institutional
vacuum" that exists constitutionally in the Executive Branch in Venezuela
is ratified, in accordance with the provisions of Article 233 of the
Constitution of the Bolivarian Republic of Venezuela; and as a consequence of the conviction imposed in this special
criminal proceeding, the definitive dismissal of Nicolás Maduro Moros from the
position of President of the Bolivarian Republic of Venezuela is decreed.
International Organizations such as: O.N.U., O.E.A., O.P.E.P. are ordered to be
notified, MERCOSUR, the Andean Community, the European Union, the
Inter-American Development Bank, the World Bank, the International Monetary
Fund, the Andean Development Corporation, among other international
organizations, to the effect that in accordance with Public International Law,
the rules of international contracting and Private International Law, the
corresponding provisions and measures are taken and adopted, in the sense that
Nicolás Maduro Moros is not the legitimate President of Venezuela and is
illegally holding the Presidency of the Venezuelan State. Consequently, the
treaties and contracts signed by Nicolás Maduro Moros in case, or by interposed
persons, will not be legitimate, nor legally valid and in any way commit the
Republic, companies and corporations owned by the Venezuelan State. That is
all. And so it is decided.
Due to the transcendental nature of this
ruling, it is agreed to notify the National Assembly of the Bolivarian Republic
of Venezuela, for the corresponding constitutional and legal purposes. (underlined by us)
Having already been notified, as the National Assembly was in effect
during the last legislature of Omar Barboza, there is little to add
institutionally to the fact that it effectively configures a ratification of
the "institutional
vacuum" that exists constitutionally in the Executive Power in Venezuela,
in accordance with the provisions of Article 233 of the Constitution of the
Bolivarian Republic of Venezuela.
But now, according to the new legislature that begins on January 5 with
Deputy Juan Guaidó at the head, it turns out that Maduro's law and sentence are
changed and there is no longer an "institutional vacuum" which
generates the presidential vacancy but "usurpation", giving way then
to a completely different development from the one that should have followed
according to Article 233 of the Constitution, bringing as a consequence a
different strategy with the 8 points that followed next, which is the really
transcendental of Deputy Guaidó's speech.
After reaffirming in the first point the "illegitimacy and
ignorance of Nicolás Maduro as well as the usurpation of the position of the
Presidency of the Republic", all the further development of the strategy
is based on the "usurpation" of power as a fundamental point,
creating "a Transitional organ for the restitution of constitutional
order, the fight against usurpation and the coordination of legitimate
authorities, civil society and the National Armed Force" (see in Spanish Eight
key points that Guaidó will promote from the National Assembly.https://www.analitica.com/actualidad/actualidad-nacional/ocho-puntos-impulsara-guaido-asamblea-nacional/).
What's the meaning of this? It is not a Transitional Government as Art.
233 requires of the National Assembly. It is a new entity that would work from
the National Assembly to propose a new gestation in the streets against the
regime during 2019. They gave a good turn to the matter so that the opposition
struggle does not go out of the hands of the political parties of the Assembly
even when these are completely discredited to begin with that struggle, in the
aspiration that the regime will yield to elections that allow the return of
democracy, from inside Venezuela in the same way that happened in
the past. But that
train has already passed.
The parties of the National Assembly, starting with the one now in the
legislature (VP) are (deliberately?) losing sight of the fact that the
country's conditions are not the same as 2014, 2016 and 2017. If there was the
slightest chance that a fight on the streets would cause the military to speak
out, they would have done so long ago. They do not want to understand that any
change in the "status quo" of the prevailing political system, the
starving socialism of the 21st century, goes through a strategy that starts
from the outside. Their opportunity in the country has passed since January 5,
2016, when they have wasted all the political capital granted to them by the
Venezuelan people on the 6D-2015.
However, this does not mean that they will not play an important role in
the future. They didn't want to "wash or lend the bat. They want to embark
the Venezuelan people in a struggle with the same characteristics of the past
without telling us what makes this time the results different, when they intend
to continue using the same strategies. Nobody is saying that we should not
undertake it, but that they should tell us a different pod that will make the
call credible, beyond creating a new parapet called "Transition
organ" without naming Maduro as a substitute. It takes much more than the
cries of Deputy Guaidó calling to continue in the same thing that has not
worked since a populist discourse.
Now, the approach is clear. Either we continue to engage in the donkey
fight against the tiger with a murderous regime that is not mocho and whose
next step is to approve a communist constitution in the next few days, taking
that National Assembly forward, once again taking a leap into the emptiness, or
we undertake a serious struggle from outside the country with the organization
of a strong civil resistance inside, whose purpose is not an electoral goal as
this collaborationist opposition pretends, but the liberation of a tyranny.
If the National Assembly refuses to appoint those who lead that struggle,
then let the next legitimate body do so, which Deputy Guaidó did not even have
the institutional courtesy to recognize on behalf of the National Assembly, the
Legitim Supreme Court of Justice in exile, which for the annoyance of those
politicians was recognized by the Chancellors of the Lima Group in their recent
communiqué. Only in this way can we say that we will begin with the liberation
of Venezuela. Let the Venezuelans then decide which is the best way.
Caracas, January 6, 2019
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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