The covered rooster of an electoral agreement

By Luis Manuel Aguana

Versión en español 

The electoral agreement signed by the regime of Nicolás Maduro Moros and the official opposition in Barbados yesterday, October 17, 2023, confirms what we have experienced in 23 years of the Castro-Chavista-Madurist tyranny: that in Venezuela there are two Constitutions, the one interpreted by the regime and the one interpreted by the rest of Venezuelans.

And if in any country there are disagreements between two parties in dispute about what the Constitution says, the highest Court of Justice of that country is the one who is called to settle the differences. So, we are back to square one of the game, because the highest Court of Justice in Venezuela is controlled by tyranny.

The International Community should be more than aware of this fact when proposing agreements with a tyranny in any part of the world, so I believe that there should be something more substantial in the Venezuelan case, by sponsoring the "Partial Agreement on the Promotion of Political Rights and Electoral Guarantees for All" (see in Spanish full text of the signed Agreement, courtesy of La Patilla, in https://www.scribd.com/document/678262908/Acuerdo-Electoral#from_embed), whose fundamental bases are only sustained by compliance with the Constitution. If it were for that reason, in the first place, we would not have had a tyranny over us for a long time to get rid of, through an agreement anchored in a Constitution that the regime has tired of violating in 23 years of exercising power.

However, it is curious that both parties in their statements before the international press focused on their own conflicting interpretations of the Constitution and the laws, especially on the issue of political disqualifications, which have certainly been much debated by the different jurists of the country, due to the distorted and illegal interpretation that the regime has, which is why we will not know yet how the issue will be resolved in practice until we reach that precise point of the political situation in Venezuela.

Nothing in this agreement is contrary to democratic practice, and what should be done if there were a rule of law in Venezuela.

Recognize and respect the right of each political actor to select its candidate in accordance with the laws? (First Agreement), Promote electoral guarantees for all participants? (Second Agreement) Isn't that what should happen in a normal country where a democracy in a system of public liberties rules?

In the breakdown of the electoral guarantees (Third Agreement), would it not be logical that the date of the presidential election existing in the Constitution be complied with? Or the execution of the updating of the Electoral Registry? Or that the necessary audits be carried out to prevent political actors from cheating in the process? Or that all possible international electoral observers be invited to an election? That there be a favorable and peaceful climate? That all participants respect the electoral laws and that the authorities do what they have to do to guarantee the security of the citizens? Please! That should not have to be put in an Agreement! That should be guaranteed for an election by any government in the world!

But since this is not a government, but a tyranny operating outside the Rule of Law, it is required to bring them to a negotiating table in a forced manner to comply with what any government would comply with in an election. And who brought them to Barbados to sign that they comply with the Constitution? Certainly, it was not the official opposition. They have no way to do that, they were only stick witnesses signing an agreement, and without representing anyone they dared to sign for Venezuelans and recognize as a government a regime that calls itself "Government of the Bolivarian Republic of Venezuela".

And therein lies the real covered rooster of all this macabre domino game of which we Venezuelans are only stick witnesses and where we as a people are giving more than we are receiving.

The Sixth (and last) Agreement states: "Within the framework of the agenda agreed in the Memorandum of Understanding, The Parties shall continue the process of dialogue and negotiation in relation to other measures aimed at strengthening an inclusive democracy and a culture of tolerance and political coexistence, as well as respect for human rights; understanding the need for sanctions against the Venezuelan State to be lifted and vindicating as inalienable rights of the Nation the independence, freedom, sovereignty, immunity, territorial integrity and national self-determination" (highlighted ours).

This last sentence in this Agreement, which clearly shows that it was drawn up between the US and the regime, and not between the regime and its official opposition, shows a regrettable political reality of the opposition that claims to represent us. But at the same time, it reveals another truth between the lines, which could be the key to untangle the political knot we are in: the true guarantor of the constitutional respect would no longer be the broken bats of the Unitary Platform, who do not hold the key to lift any sanction, but those with whom the regime actually negotiated this Agreement.

What does this Agreement between the US and the regime, with the official opposition as a puppet signatory, actually say: "Make the elections right or we will not lift the sanctions". And to our understanding, to make the elections right means "comply with the Constitution" as it is, and not as you handle it. I don't think the US believes that the regime will do that, and even less after having supported the terrorists in the Middle East. Jorge Rodriguez already rushed to say that they will interpret the Constitution as they please (as they have always done) in his first speech after the signing, regarding the disqualifications. That reveals that they went reluctantly to Barbados.

And then? If they are already threatening not to comply with what was signed, will this new Agreement remain a dead letter like the previous ones? It depends. If the regime aspires to legitimize itself, it will have to measure itself under the conditions established there, regardless of how they interpret the Constitution, because if I understood correctly what happened in Barbados, now the guarantor is the US. They are between a rock and a hard place.

If they do not do so, by kicking the table, we will continue in the Venezuelan via crucis, with a regime that is not internationally recognized, but now with a big difference: the geopolitical conditions of the world have changed with the war between Israel and Hamas, with a regime that made clear its support to the terrorists, and the formation of a new opposition headed by María Corina Machado, renewed by the support of the Venezuelan voters, here and around the world, which will determine how the struggle against the regime will be handled from now on. If there are no conditions or elections under the terms of the Agreement, it will be the least important thing, because the situation will be different, with the US having no other way out than to support, as a result of its interests, the efforts of Venezuelans to achieve democracy and freedom. The struggle continues...

Caracas, October 18, 2023

Blog: TIC’s & Derechos Humanos,

Email: luismanuel.aguana@gmail.com

Twitter:@laguana

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