The last day of the year 2020 we celebrated with the achievement and reaffirmation of the citizen expression, finally established as a mandate of the Venezuelan people of the sequence established in the Transition Statute approved in February 2019, which begins with the cessation of the usurpation of power of Nicolás Maduro Moros, in question No. 1 of the Popular Consultation held from December 7 to 12, 2020. This decision by the Venezuelan people, the highest instance of the country's sovereignty established in Article 5 of the Constitution, could hardly be reversed with the modification of the referred Statute on December 26, 2020 by the National Assembly, a decision that is certainly being questioned as shown by this interesting twitter thread by Michael Penfold https://twitter.com/penfold_michael/status/1344025882491551748?s=03) and related news (see in Spanish Maduradas, in https://maduradas.com/polemico-participaron-68-principales-rellenaron-suplentes-denuncian-supuestas-irregularidades-sesion-la-an-la-se-modifico-estatuto-transicion/).
However, beyond the doubts concerning this decision by the National Assembly, three important aspects emerged from this new version of the Transition Statute: a) the attempt, in my opinion unsuccessful (because the people pronounced themselves in relation to that from December 7 to 12, 2020) to erase the three-step mantra indicating that for the deputies what is important now is the elections (Article 2), thus diminishing the importance of the pronouncement of the Venezuelans in the Popular Consultation; b) the political and administrative continuity of the current National Assembly through the Delegate Commission, establishing it with attributions beyond those indicated by the Constitution (Articles 12 and 14); and c) the elimination of the Center of Government with the creation of the Political Council as a new figure that controls the President in charge (Articles 18 and 19).
Let's look at these three aspects in more detail. Even though the Deputies have modified Article 2 of the Transition Statute, indicating that "In the actions of the organs of the Public Power, priority shall be given to the pursuit of free, fair and verifiable elections…” in fact, the same modified Statute still reaffirms the Cessation of Usurpation and the formation of a Transitional Government "as the concurrent elements that make up the liberation of the regime…” (Article 10 of the new Statute).
However, I found it very disappointing that the citizen deputies ignored the demonstration of 6.4 million Venezuelans in the Popular Consultation and its mandate, for the change of the Transition Statute, especially in the reaffirmation of the Cessation of Usurpation and the rejection of the fraud of December 6, 2020. That change, sustained by the expression of the Popular Consultation, would have strengthened enormously the modification of the Statute of the Transition, converting it into one of the first results of the people's mandate, and not as an expression of desperation to maintain the current National Assembly in force and to hold elections with the regime at a slow pace. This snub to the Venezuelan people is a mistake that will necessarily have consequences.
The only person I heard refer to the Consulta Popular after that change was President Juan Guaidó in his New Year's message and his commitment to achieving that result (see New Year's message from President Juan Guaidó, in https://twitter.com/jguaido/status/1343352956859666432). So much for the recognition of that commitment, which is also ours.
The second aspect that stands out from the changes in the Statute was the continuity of the National Assembly. There is no provision in the Constitution, as in the case of the absence of the President of the Republic, for the absence of the National Assembly as a public power, to guarantee its continuity. It is not enough to allege that the election of December 6, 2020 was not legitimate (Article 11) without alleging how that assertion is supported and without saying that it was the people who rejected that parliamentary election in a Popular Consultation. In any case, if the election was illegitimate, as in fact it was, one would expect a constitutional justification for the continuity of the current legitimate National Assembly. The absence of such a justification weakens tremendously the sustainability of the National Assembly in the face of countries that have internationally endorsed the legitimacy of the December 6, 2015 election, certifying its decisions. I believe that in the face of this fragility, the decision of the sovereign people in the Popular Consultation to demand the Cessation of Usurpation should be placed before proceeding with free elections prior to a Transitional Government.
The last important aspect that closes the changes made was the creation of a Political Council that replaces the President in charge in his ONLY function, which is to achieve free and verifiable elections: Article 233: "...When the absolute lack of the elected President occurs before taking office, a new universal, direct and secret election shall be held within the following thirty consecutive days...". How is it then understood that this Political Council will orient its actions to "...the pursuit of free, fair and verifiable elections, the full reestablishment of constitutional order and the separation of powers, and the rescue of the democratic and social State of law and justice in the Bolivarian Republic of Venezuela..." these being precisely the constitutional functions of the President in charge?
By eliminating the famous "Centro de Gobierno", an eyesore created to govern by Juan Guaidó, the Assembly not only broke Leopoldo López but also assumed in the Statute the functions of the President of the Republic. And that has implications far beyond what is superficially seen. There is nothing in this new Statute that prevents this "strengthened" Delegate Commission from deciding on a new person in the position of President in Charge of the Republic. Watch out for that move! By doing that - if that is the intention - the National Assembly puts itself as far away from legality as the regime.
But beyond what the deputies have just done to remain in office after January 5, 2021, and the consequent extension of Juan Guaidó's mandate as President in Charge, I consider it more important how the opposition struggle will develop in the course of 2021, since we will not have a fully functioning National Assembly like this year, or even worse, with a functioning in question, and a mediatized President in Charge. In the net in both areas we have fallen back from the year that closes today.
That leaves only one card for Venezuela: the role that citizens not invested with authority must play to regain their freedom in 2021. I no longer see anyone invested with authority playing a preponderant role, but the leaderships that emerged in the heat of the struggle to reaffirm the will of the Venezuelan people in a Popular Consultation, which no one wanted but the citizens.
Then, the last institutionality that we have left standing after the landslide resulting from the multiple errors committed by the official opposition will be the determination of the Venezuelan people expressed in a Popular Consultation to get out of the usurpation by achieving the necessary national and international support. Personally, I prefer that to continue in the hands of an inexperienced, timorous and corrupt leadership. It is better to be alone than in bad company. ANCO played a fundamental and leading role in the Popular Consultation in 2020 and will continue to play it in this new citizen orientation to recover our freedom in 2021. God will be our guide and company for this New Year of the Lord. I have Florentino's faith in my favor... Deeply thanking my followers for their sincere accompaniment, I can only wish them an extraordinary Happy New Year 2021!
Caracas, December 31st, 2020
Blog: http://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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