Last Ratio Regis

By Luis Manuel Aguana

Versión en español

Note of personal gratitude: 

Before going into the subject, I would like to stop for a moment to thank all my followers, readers, ANCO colleagues at the national level, and in general all friends and relatives, and even those who without knowing me personally, sent words of condolence and solidarity to me and my family for the death of my mother this weekend. To all of you my infinite and everlasting gratitude for that solidarity and nobility that distinguishes us as Venezuelans and demonstrates once again the unique way of being of our people. That is why I cannot but trust that with God's help we will come out of this nightmare safely, emerging much better than we are now. You will be the true protagonists of this new Venezuela that we are going to build together?

With my best feelings of consideration and esteem,

Luis Manuel Aguana

In my opinion, there are only two perspectives to assume the Constituent proposal: a) from the perspective of leaving the regime; and b) from the perspective of reforming the political and institutional bases of the country. The second includes the first and the first includes the second. It seems an inconsistency but it is not. From the first time I took up the constituent banner as a solution to the problems that afflict us, I did it from the second perspective, seeing the first as a necessary by-product of the process of reform of the bases of the country's functioning. And that is what I have been promoting from this tribune. In other words, the need for a constituent process to establish a new framework of institutional action where all factors move in a different way, leaving room to develop, work and deepen what is necessary to achieve an improvement in the quality of life of Venezuelans.

We have not proposed a constituent process to remove anyone from power. From my perspective, getting out of Maduro's regime is a necessary but not sufficient condition to reach a stage where the country we wish to build is discussed, regardless of whether we start doing it from now on. In other words, if Maduro falls tomorrow, a Constituent process for Venezuela is required and urgent in order to put the necessary safeguards to the exercise of power in the Constitution and reorganize the Public Powers, seriously damaged by this regime in 20 years. No one should accede to power without fixing that first.

But I do believe that a Constituent process negotiated among all factors, including civil society, would be the ideal way to move this country forward. According to the Spanish constitutionalist, Roberto Viciano Pastor, Director of the Doctorate in Constitutional Law at the Universidad Mayor de San Andrés, La Paz, Bolivia, "Constituent processes have arisen in Latin America as well as in other parts of the world when an important social crisis appears. If there is no major social crisis, no State, no country enters a delicate area, an area in which it is unstable, by definition, as is to redefine the rules for the functioning of the State, the economy, society, etc, etc.... Therefore, this is the "Last Ratio Regis", the last option left to try to solve the problems of the country. First they try to solve them in many other ways. But when there is no other formula, in the end the countries are forced to activate constituent processes"  (see video in Spanish Procesos Constituyentes en América Latina desde la perspectiva comparatista, in https://www.elmostrador.cl/tv/2021/04/16/en-vivo-procesos-constituyentes-en-america-latina-desde-la-perspectiva-comparatista/ min 15:55). We will review other parts of this important lecture in later notes.

Attempting a Constituent Assembly process with the sole purpose of "overthrowing" a government or a regime is fundamentally a mistake that would be paid for with political instability and a setback in the development of a country. That is what happened in Venezuela in 1999. Chávez applied the Constituent process using his political majorities, not to generate the space for institutional improvement and social progress that the country needed among all, but to steamroll those who had enjoyed power for 40 years up to that moment, and to do as we say in Venezuela, a "take you out to put me in". This could only lead to a monstrous failure, the consequences of which we Venezuelans are suffering. And now, as Dr. Pastor says, it is the "Ultima Ratio Regis" or "the final or definitive argument of the king". (see in Spanish Última Ratio Regis, inn https://www.curistoria.com/2008/06/ultima-ratio-regis.html), in other words, the "last option left to try to solve the country's problems" when there is nothing more to do.

And it is clear that entering, as indicated by the constitutional expert, into an unstable area such as that of "redefining the rules for the functioning of the State, the economy, society, etc., etc..." is not at all easy to propose and much less to convince anyone, especially if we had already gone down that road 22 years ago with the results we all know. But it is public, notorious and communicative that the Venezuelan case requires it. It is necessary to build the country institutionally again. In 1999 a Pandora's Box was opened and it is necessary to close it again.

But many of you may wonder on what basis these new rules would be. Our constituent proposal does not come alone, it comes with some guidelines and a deep content to be debated for the modification of the institutional bases of the State and the Territory. You can review them in the document El Gran Cambio, Una propuesta para el país que queremos “The Great Change, A proposal for the country we want” (see official document in Spanish at https://tinyurl.com/4px9rdy6).

But beyond what anyone can propose, this must be taken to a scenario where the country debates its future with the seriousness that the case requires. And for us there is no discussion about that. Anyone can say that a constituent assembly is not convenient for the interests of the country at this moment, but what cannot be denied is that it is necessary that what exists now changes in a substantial way to avoid that this disaster continues and never repeats itself. Absolutely everything in the country has gotten out of control, and this cannot be contained only by calling for elections of any kind, nor is there any person who can do it without the support of the whole nation. No one can deny that this country must be closed by inventory in order to be able to continue in better conditions at some point in the future. That is why we insist that this scenario exists in our Constitution and it is called National Constituent Assembly.

If the country is not debated in a scenario where the participation OF THE OTHER is guaranteed to the fullest extent, as well as a true citizen representation of the country suffering from this crisis, as it NEVER happened in 1999, not even a million negotiation tables will serve to achieve the political stability necessary for Venezuela to function and get out of the hell they created for us. If we want the country to achieve peace, neither side can impose itself over the other. And if the regime and its official opposition insist on ignoring that, what they will be doing is to prolong what they already know will happen: the demise of both extremes, with the consequent bloody birth of a new reality for the country. I do not know if that will be good or bad, but it will be different and more in line with the reality that the Venezuelan people are demanding. And when those events take place, that reality that will be imposed will be the Last Ratio Regis....

Caracas, August 4, 2021

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