Constituent 2021, Frequently Asked Questions

By Luis Manuel Aguana

Version en español

In response to the multiple messages received in relation to the official communiqué published by the Alianza Nacional Constituyente Originaria, ANCO, on June 12, 2021 (ver (see in Spanish  Comunicado ANCO a los venezolanos y la Comunidad Internacional: La crisis es del pueblo venezolano y solo el pueblo venezolano debe resolverla, in https://ancoficial.blogspot.com/2021/06/anco-los-venezolanos-y-la-comunidad.html), I will try to make a compendium of the questions that I have been asked by different means in social networks with the respective answer that I am giving, without this meaning that it is the official answer of ANCO, but my own. Each member of ANCO has, as it should be, its own criteria in relation to the country's problems and there is, of course, an institutional position of the organization that is reflected in its published communiqués. I will try, as always, to give answers based on these official positions:

What is the Alianza Nacional Constituyente Originaria, ANCO?

The Alianza Nacional Constituyente Originaria, ANCO, is a national network of civil society organizations, political parties and independent citizen leaders, who acting in an organized manner, as depositaries of the Original Constituent Power, have organized ourselves into a single force seeking the reinstitutionalization of the country through the constitutional convocation of an Original Constituent National Assembly, based on a proposal for the reorganization of the State. We have called the latest version of this proposal "The Great Change", and it has been published in our web site (ver El Gran Cambio, Una propuesta para el país que queremos, in https://ancoficial.blogspot.com/p/documentos-fundamentales.html). ANCO's mission is to achieve the decentralization of political power and the autonomy of the regions of the country, advancing a process of restructuring the current political-territorial division of the country, establishing a true federation of Venezuela. For this, it is necessary to carry out an important change of the current Constitution through a National Constituent Assembly.

Is ANCO competing with the Mesa de la Unidad (MUD/FA) or does it intend to substitute political factors for electoral purposes?

No. ANCO is not an electoral union or a union of political groups for electoral purposes. ANCO's mission is to develop the constituent initiative established in Article 70 of the Constitution and developed in Constitutional Articles 347, 348 and 349. For this purpose, ANCO studied and developed for several years the doctrinal body and the technical and legal basis to summon the depositary of sovereignty to exercise, as indeed has been our work, our right to political participation.

Can political parties join ANCO?

Any political organization, civil society or independent individuals may participate in ANCO.

What is ANCO's connection with a Constituent Assembly?

All the organizations and individuals that make up the Alliance support the form of federal state and the autonomy of the regions that we propose through the project "The Great Change", in order to create a new institutionality in the country. The Constituent Assembly not only comes to solve the serious situation that Venezuela is currently going through, but also to lay the foundations of a new and self-sustaining country based on this Project.

What is clearly ANCO's proposal compared to what is being proposed to the country by the parties and other political factors, and what is the difference?

ANCO's proposal to the country is the one that gave rise to its foundation: the summoning of the Popular Sovereignty expressed in an Original National Constituent Assembly. Venezuela has been destroyed and plundered in all senses, ethically, morally and physically. The institutions, and especially the electoral one, the one that guarantees that Venezuelans express themselves in a transparent and authentic manner to change the rulers, has been distorted and placed at the service of a tyranny. No solution that implies elections, either for the election of public offices or for the revocation of a mandate in accordance with the Constitution, is neither reliable nor legitimate if the tyranny prevailing in the country is not overthrown beforehand by virtue of the mandate expressed by the people in the Popular Consultation held from December 7 to 12, 2020. ANCO proposes an election of Constituents through ad-hoc mechanisms outside the illegitimate institutionality of the current CNE and with the technical assistance of the International Community.

Once the legitimate representatives of the Venezuelan people are elected, they will be the ones to decide at that moment as the highest authority of the country, not only what to do with the illegitimate Executive Power of Nicolás Maduro Moros, but also the formation of a Government Council to carry out a transition and discuss a new constitutional order for Venezuela, which will determine the terms for an election of all the Public Powers in the country on a free, transparent and verifiable basis.

Why does ANCO believe that Maduro will let a Constituent election take place?

At ANCO, we do not believe that the Maduro regime would allow such an election right off the bat. This is precisely what should be discussed with the International Community and especially with the United States. The country's solution does not come through an election of regional authorities or presidential positions with Nicolás Maduro controlling the electoral institution (CNE), even if there is an electoral observation. The same happened in 2004 with the Table of Negotiation and Agreements, with the Carter Center and the OAS supervising the revoking process of Hugo Chávez. The CNE in charge of Jorge Rodriguez managed to introduce the SmartMatic lottery machines in a process entirely controlled by the regime, where the electoral rules we had been using since the 1998 presidential election were changed. On the other hand, the simple fact of proposing an election while Nicolás Maduro Moros is in power contravenes the constitutional mandate established in the Popular Consultation held from December 7 to 12, 2020, reason why Venezuelans reject such solutions.

Why would a Constituent election make a difference?

A Constituent Assembly elected outside the CNE and carried out with international assistance would have the Executive Power and would have the capacity to reorganize the institutions of the State, creating the conditions for the appointment of a Transitional Government with the popular support required to carry out free, fair and verifiable elections. The Constituent Assembly would be within the parameters of the Popular Consultation because it would be the Venezuelan people who would decide whether Maduro continues in power or not, depending on the decision of the Constituent. As we said, it is not an election of positions but a process to elect the highest authorities of the country that will decide on a new Constitution. This is what happened in the 1999 Constituent Assembly. As a first decision, the Constituent decided the destiny of the Executive Power to later deliberate a new Constitution, ratifying Chávez as President. Even the regime's illegitimate Constituent Assembly did the same in 2017, in that case deciding the continuity in power of Nicolás Maduro Moros. In this case, the Constituent would decide the removal of Maduro, the appointment of a Transition Government during the time they deliberate a new Constitution, and then call for elections of all the Public Powers based on this new Constitutional text, after submitting the new Constitution to a Referendum for the approval of the people.

Why does ANCO insist on believing that the regime will allow a Constituent Assembly?

For the same reason why the opposition parties seek foreign aid: because of the pressure from the International Community. Not only because of the issue of sanctions, but also because it would be the way to leave power through the front door and by the decision of the Venezuelan people, as demanded by the International Community and the Venezuelan people. His office would remain in place until the decision of the sovereign people of Venezuela by the hand of the citizens elected in that constituent election. There would be no election of positions because the December 2020 Consultation prevents it, but the creation of a supra entity, the National Constituent Assembly, which would decide the political destiny of the country. This is very different from a presidential election that leaves practically all the institutions of the regime in place, including the unconstitutional disposition of the military zones that have substituted the constitutional political territorial division of the country and its corrupt Military High Command, illegitimate owner of the arms of the Republic.

So, would there always be a negotiation with the regime?

The only possible negotiation with the regime is the terms of its exit. And a Constituent Assembly would be the best of the terms to propose to the regime and the International Community to solve the crisis. If they believe they are the majority, they should openly submit to the will of the people expressed in a Constituent Assembly with all decision-making powers and let it decide their destiny. In this Constituent election, the parties and citizens who support the ruling party would also participate. With an open and controlled election of Constituents, not by the regime and its CNE but by the International Community, we would have the most representative body of the Venezuelan society that will establish the path to be followed by the country.

Is the ANCO solution known to the International Community?

We do not believe it. The opposition parties that are in a position to make it known are only interested in recall elections or regional and presidential elections, without stopping to consider that these solutions do not attack the underlying problem of the crisis, leaving the power structure of the regime intact, leaving aside the fact that in a Constituent election the opposition parties would not be precisely the most selected options by Venezuelans in view of the repeated betrayals to the population. However, the parties that honestly have serious and conscientious leaders with the problems of Venezuelans will surely be elected in a transparent Constituent election. On the other hand, the representatives of the civil society who, like us, are very interested in a change of course for the country, would be present in this election.

What can Venezuelans do to publicize the solution proposed by ANCO?

Give it as much national and international visibility as possible through social networks and other communication mechanisms. ANCO has very limited resources to carry out this work, which requires a lot of money that we do not have. What we do have is the will, as the Venezuelans had in the Popular Consultation to achieve the massive participation of 6.4 million people. We trust that somehow this information will reach the decision makers in the United States and other countries of the world.

What would be the conditions for the election of the Constituents?

This is a crucial question. There is a document entitled “Bases Comiciales” that must exist to regulate the participation of Venezuelans in this process. It defines the number of Constituents per federal entity, who may run and the conditions for such nomination, the Constituent election process, proportionality, internal regulations, election times, etc.... ANCO has a proposal that it will make to the country shortly that would regulate the participation of Venezuelans for the election of the Constituents.

How long would it take to organize the Constituent Process?

At ANCO, we believe that after the approval of all participants, this process could be completed in less than 180 days. The 1999 process took much less time than that. If the decision were made now, we could say that in 2021 there is still a chance to have a new Transitional Government.

Will machines be used for the electoral process of the Constituents?

The electoral system that we propose in the Bases Comiciales to elect the constituents will be of MANUAL SCRUTINY, using machines to expedite the counting process, as it is done in all civilized countries of the world and as established by the ruling of the Electoral Chamber of the Supreme Court of Justice legitimate of June 13, 2018. There would be the need for a purging of the Electoral Registry to carry out such election. The International Community prior to a negotiation process would organize such process together with the best electoral experts of the country.

 Caracas, June 21, 2021

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