By Luis Manuel Aguana
With the suggestive title that heads this
note, Dr. Carmen Cecilia Perez, host of the program "Politically
Speaking" which is transmitted from New York via YouTube on the
CaracasTVInternational channel (see Caracas TV Internacional, in https://youtu.be/AT6Y6KGcry0), began
an important campaign on social networks that began with an extraordinary
interview with Dr. Blanca Rosa Mármol de León (see Políticamente Hablando,
26/mayo/2020, Entrevista a la Dra. Blanca Rosa Mármol de León, en https://youtu.be/cxx3xk83bg4) which
explains in precise legal detail why we Venezuelans not only do not commit a
crime by trying to displace the regime of Nicolás Maduro Moros from power, but
on the contrary, we are obliged to do so.
And the fact that this campaign to overthrow
is constitutional makes a lot of sense to me because the common
Venezuelan is convinced, not only by the regime's means, but by the official
opposition itself, that any attempt to evict by the means at our disposal the
criminals who illegally exercise power, constitutes a crime, or something that
must be punished by the authorities who in bad times govern in Venezuela. And that
is not the case.
I was particularly struck by Dr. Perez's
comment that we Venezuelans are in a state of self-defense. In other words,
they are killing us and we have the right to defend ourselves. Dr. Mármol
indicated: "I like to highlight from
the example you gave of self-defense that these are exceptions poique at that
time when dealing with similar circumstances the conduct that in principle
would be punishable and therefore illegal, and anti-legal, which is the most
important thing, is legitimate because when you act in self-defense you are
defending your own life, which is above any other legal good, so that makes it
a legitimate action and not a criminal one. It is the same, mutatis mutandi,
that you are saying, that to overthrow is constitutional, you are saying that
to overthrow is legitimate. And it is legitimate because? Because what is
unconstitutional and if it is unconstitutional it is illegitimate"...
"And it is very important to see it like that, to go to the root because
you know what? that reassures, that makes people feel that they are doing the
right thing, and that they are exercising their right which is the most important
thing. Because we have the right to be free, the right to choose our President
in good standing, to have reliable elections…”.
Only with that clear-cut explanation from Dr.
Marmol do I join Dr. Perez's campaign. All Venezuelans are obliged to
collaborate in the restoration of constitutional order in Venezuela. This is
nothing more than what is stated in Articles 333 (every citizen invested with
authority or not is obliged to collaborate in the restoration of the validity
of the constitution) and 350 of the Constitution (all Venezuelans will
disregard any regime, legislation or authority that contravenes democratic
values, principles and guarantees or that undermines human rights).
I say that the official opposition has helped
the Venezuelan feel that a crime is being committed when one proceeds against
the regime by not acting by example. The incursions that have historically been
made in the past to rescue freedom have been commanded by Venezuelans, starting
with those of Francisco de Miranda. And they have always been considered by the
official status quo as insurrections (from the Spaniards to the criminals of
the present).
And you will say, but if we do that the
regime will persecute us and put us in jail. And that's true, since they have
the strength on their side. But it is one thing for you, who can hardly bring
food to your house because of a pandemic, to get involved in a libertarian
operation and it is quite another for those to whom we delegated that
responsibility on December 6, 2015, and who have the means (the real ones) and
the international recognition to do so, to do so. Even with the collaboration
of the military personnel who gave them their support by deserting the regime
and presenting themselves in Colombia to be put in charge.
And that's what Dr. Mármol referred to when
she indicated that if all these troops were organized with Juan Guaidó at the
head, who in the exercise of his position moves from abroad to the rescue of
the country with the support of the international community, that act would not
constitute an "invasion" in the terms of the regime or anyone else,
since they would be Venezuelans in compliance with a fully established
constitutional obligation. And in the same act it would also call on the
military active within the country to accompany that action of rescuing
freedom. That "overthrow" would be fully constitutional and could not
be called a coup d'état in any case.
But unfortunately we have seen that this is
not exactly the tone of the official Venezuelan opposition, which is the opposition's
interlocutor before the rest of the countries of the world. The official
opposition, with Guaidó at the head, instead of proceeding as Dr. Mármol
mentioned, is collecting signatures for the return of DirecTV. If it
weren't so pathetic it would be laughable.
What can we Venezuelans do in the face of
this dramatic reality, where those who should be doing something decided to
live with our kidnappers? First of all, understand the situation before our
eyes. That at this moment the official opposition is preparing to call us again
to elections with the regime. These elections so far do not enjoy the approval
of the international community led by the United States.
The regime is taking concrete steps towards
the appointment of a cohabitation CNE. The first and most important has been
the ratification of Deputy Luis Parra as President of the National Assembly,
prohibiting the installation of a parallel or virtual Parliament, displacing
Juan Guaidó and his (see in Spanish Sala Constitucional del TSJ ratifica a Luis
Parra como presidente de la AN, en https://www.panorama.com.ve/politicayeconomia/Sala-Constitucional-del-TSJ-ratifica-a-Luis-Parra-como-presidente-de-la-AN-20200526-0064.html).
This step, which had taken a long time, will
accelerate the appointment of the new Rectors of the CNE from within that
National Assembly. The second will be the call for elections in December by
that new CNE. We will soon know if the United States' position of
non-recognition of new elections with the regime in Miraflores, before that new
parliamentary election, and the new position of Juan Guaidó after that ruling,
will continue.
If Juan Guaidó does not empower himself as
the President in charge and does what he has to do after that expected decision
of the regime's TSJ, he cannot expect anything else but persecution and jail.
In other words, I think this will be his last chance to finish understanding
that overthrowing is constitutional...
Caracas, May 27, 2020
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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