Constituent Assembly, the only legitimacy

Note summary image courtesy of AI Google Gemini

By Luis Manuel Aguana

Versión en español

“Those of us who have advocated for the calling of a constituent process of an original nature in Venezuela, do not do so only because of the need to restructure the Social Pact that governs the infamous current relationship between the rulers and the ruled, and that is materialized in a new Constitution, but as seekers of the lost legitimacy of the country, we consider that at this point the only way to find that legitimacy to anything that comes before that immense gap of the serious lack of legitimate institutions on which to make any government rest after this tragedy, is by reuniting the Constituent and re-founding the Nation”. (see  Seekers of lost legitimacy, in https://ticsddhh.blogspot.com/p/seekers-of-lost-legitimacy.html).

You will have to forgive me for “quoting myself” from the aforementioned article, but no matter how much we want legitimacy to return to the country for a possible new leader, we cannot ignore the fact that there is NO LEGITIMATE INSTITUTION in Venezuela that can swear anyone in as leader after this misgovernment, not to mention the lack of any proven Venezuelan force to support them.

The above is relevant because I have read a rumor on social media that Edmundo González Urrutia (EGU) would eventually be “sworn in” by the 2015 National Assembly, in the event of a displacement of Nicolás Maduro Moros' regime. I have no confirmation of such a rumor, nor would I have any reason to. However, I was distressed that this could be the basis of legitimacy that someone in the opposition is considering giving to EGU, in the event that he has the possibility of returning to the country to fill a power vacuum in the absence of those who misgovern the country.

Imagine that a legitimate platform is being sought for a new leader using the main figures responsible for Juan Guaidó's interim government, which established an illegal, illegitimate, and subsequently corrupt parliamentary government, not to mention the fact that it is the worst version of Venezuela's political opposition, which is why María Corina Machado was elected as the Venezuelan opposition's candidate in primaries held on October 22, 2023, with more than 90% of the opposition vote. In other words, if there is anyone in Venezuela further removed from the current popular representation, it is that 2015 National Assembly. Will they be the ones to “sworn in” EGU? A worse service to the first step toward the country's recovery would be impossible.

To all of the above, we can add what I also mentioned in the previously cited note: Unfortunately, and despite the fact that the so-called Assembly of 2015 “self-proclaimed” itself in office after the end of its 5-year constitutional term, it can hardly be considered legitimate by anyone outside the country, considering that such condition in the context of our republican system, only comes from the votes emanating from the Venezuelan people in free and transparent elections. And read here that we are stretching the concept that the presidential elections of 2024 have such condition, thus considering that EGU is the legitimate President Elect of Venezuela. …”.

You will say, then, that what you want is for the tiger to eat us, as my parents' song said. And the great mistake in this is that the election results of July 28, 2024, could never be properly and appropriately validated as legitimate in the country. Certainly, there are records in a vault at the Central Bank of Panama, which the regime tried to seize.

But the next step was that the CNE, which we always knew was in favor of the regime, would never recognize them as valid and accept them as good enough to award the winner, EGU, the title of President-elect of Venezuela. The regime disregarded those records and proclaimed Nicolás Maduro Moros the winner of the elections. At the time, we considered this a full-fledged coup d'état.

Therefore, in order to present these documents for the effective restoration of legitimate power, it was and continues to be essential and mandatory to have an Electoral Power, a Legislative Power, and a Judicial Power that are completely clean and legitimate in order to proceed with this necessary process for the restoration of constitutional and democratic order in the country.

Hence, we consider in the ANCO communiqué entitled “The Original National Constituent Alliance (ANCO) to the Venezuelan Nation, its Political, Military, Business, Religious, and Academic Leadership, and to the International Community” published on October 6, 2025, that if "any event, whether foreseen or unforeseen, that interrupts the current institutional state of the country“ the subsequent Transitional Government ”recognizes the will expressed by the popular sovereignty on July 28, 2024, and that it be mandatorily ratified by the Venezuelan people and legitimized in its origin and performance through a Constituent Convention" (see in Spanish ANCO Communiqué, 10-06-2025 at https://ancoficial.blogspot.com/2025/10/comunicado-la-alianza-nacional.html).

And why must this popular will of July 28, 2024, be ratified? Because in that year there was NO (and still is no) legitimate public authority, which is why the legitimate representation of the people gathered in a National Constituent Assembly, WHICH MUST BE CONVENED immediately after the removal of the regime, must RATIFY those results and make them binding and legitimate for everyone, in the terms decided by that Constituent Assembly.

I have already recounted in previous notes the Venezuelan experience of 1958, where after the removal of dictator Marcos Pérez Jiménez, the first act of government of that Military Junta was to temporarily suspend all public powers in an Act, without repealing the 1953 Constitution, in order to assume all functions and begin to govern. Its support was the force of arms that were used for the purposes of reinstitutionalizing the country, a process that would come after the agreement between the main political forces that were returned to legality by that Governing Junta.

But the current situation is far more complex than it was at that time. There is now no valid public authority to which electoral results can be submitted, nor to validate the actions that must be taken. It is not possible to simply convene an illegitimate entity to validate what is to come, in the face of a people who will resoundingly reject it in 2023 and 2024, nor is it possible to call new elections without a thorough cleansing of the Electoral Authority and the rest of the public authorities. This makes the convening of the Original Power irreplaceable, not only to legitimize those who hold power, but also to establish the direction of what is to come for a post-tyranny Venezuela that includes all Venezuelans.

Caracas, October 6, 2025

Blog: TIC’s & Derechos Humanos, https://ticsddhh.blogspot.com/

Email: luismanuel.aguana@gmail.com

Twitter:@laguana


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