Some friends called to ask me to explain in more detail the comment I made in the interview with José Domingo Blanco (Mingo) and Erika Mendoza in their program “Arrímate al Mingo” last Thursday, January 30, regarding the situation presented by the swearing-in of Edmundo González Urrutia (EGU) as a kind of iceberg where the visible part is precisely that step that everyone is discussing (see in Spanish New elections: seeking normalization, Arrímate al Mingo, January 30, 2025, Otro Nivel, in https://youtu.be/1MCkBiqY0PY?t=2752).
And indeed, the swearing-in of EGU hides, due to its obvious controversy, a very deep issue, which is not only the one I have already addressed in my recent notes, such as the money that the pseudo-opposition is currently managing (see “Edmundo must be sworn in”, in https://ticsddhh.blogspot.com/p/edmundo-must-be-sworn-in.html), and of which they would lose control if there is a new and legitimate representative of Venezuela, but of something that Venezuelans have not yet entered into a proper discussion.
And that is none other than the complete disappearance of a structured opposition in the country, to put it in front of the regime of Nicolás Maduro Moros.
And you will say to me: but, and María Corina Machado is not that opposition? My answer would be like that of mathematicians: it exists and it is necessary, but it is not enough. All the so-called opposition parties disappeared when she defeated them in justice on October 22, 2023 and now they became official parties trying to survive. All the parties that will go to that electoral farce on April 27 are organizations as official as the PSUV of the regime, therefore, a functioning opposition structure disappeared in Venezuela, because what is left of it is being persecuted, imprisoned or dead.
The remaining opposition, led by MCM, inside and outside Venezuela, is hindered by the undercover agents of a fake opposition leadership that manages money that, more than 6 months after EGU was elected, they should no longer have. And I say undercover because they never dedicated themselves to promote the efforts of MCM and the majority of Venezuelans to win the July 28 elections, and now they appear financing and accompanying EGU in all his tours, taking advantage of the problems that what is left of the opposition is going through, where among the most relevant are the political persecution and economic hardship. How could we think that we will get out of this situation with the enemy inside?
Those parties gathered in the National Assembly of 2015, still considered legitimate by the US government, dispatch and give each other change. That is where the tip of the iceberg comes from. They want the control of the money to remain in their hands in a sort of blackmail by virtue of the fact that Article 231 of the Constitution puts them first to swear in the President of the Republic, openly ignoring that there is a TSJ in exile, which could carry out such swearing in, also complying with the ends of the Constitution, as indicated in the same Article 231.
The AN2015 never considered legitimate the Supreme Court of Justice in exile constituted at the headquarters of the OAS in 2017, considering its members only as magistrates in exile. Faced with this dilemma, I published in 2018 a note entitled “Is the Venezuelan Supreme Court of Justice in exile legitimate and constitutional?”, where I reproduce the authoritative legal opinion, from an article with the same title, written by Dr. José Vicente Haro, Professor of the Specialization of Constitutional Law at UCV. Read it and draw your own conclusions. It is not the subject of this article to enter into this legal discussion (see in Spanish José Vicente Haro, ¿Es legítimo y constitucional el Tribunal Supremo de Justicia venezolano en el exilio, in https://ticsddhh.blogspot.com/2018/06/es-legitimo-y-constitucional-el.html).
But what I do want to discuss is the unjustified delay in swearing in EGU, arguing legal problems when the underlying problem is eminently political, enlivened with a myriad of economic interests of those who were the protagonists of Guaidó's interim and who must at some point in the future present accounts of the funds received during his administration.
Now, the underlying issue: can Venezuela continue fighting with political parties in such conditions? How could the Venezuelan opposition be recomposed into healthy and organized political parties, after this tragedy that has destroyed them down to their ethical and moral foundations? That is a question that could only be answered after the rule of law and the corresponding public liberties are restored in Venezuela. And the first step of that aspiration is that the only credible leadership left in the country builds the conditions for that. But that leadership lacks now the little structure that managed to be put together after the primaries and for the July 28 elections, relying only on the trust and support of the votes of the Venezuelan people.
We find ourselves in an unusual situation where after all the effort made by the population in electing EGU, using the votes of MCM, we depend on those who lost all the confidence of the country to get out of the problem and who never supported her politically, and who surely intend to negotiate right now the “how do I stay there” to swear in EGU. That is what is submerged in the iceberg of the swearing in of EGU as the first urgent problem to be solved, a consequence of a political decomposition that has not been solved in more than 25 years, and that we Venezuelans must address as a core problem.
If this is the situation, it would be intolerable for those of us who elected EGU, a blackmail that puts the freedom of the country at an unacceptable risk; and between EGU and MCM they would have the obligation before the people who voted for them, to immediately take the political decision to obey the MANDATE given to them by the Venezuelan people on July 28, and that it is not up to the President Elect to extend it any longer, since he is under the constitutional obligation to do so. If the AN2015 is the obstacle, then EGU must be sworn in before the magistrates of the Supreme Court of Justice in exile, even in the Bolivar Square of any Latin American capital, following the constitutional extremes.
This would be the necessary formality required by the Public Oath Law of 2021, which replaced the Law of 1945, where this step was expressly established in order to EXERCISE, once this requirement was fulfilled, the office for which a candidate was elected: “Article 3. The elected candidate for President of the Republic shall take office by taking an oath before the National Assembly...” (see in Spanish Public Oath Law, Official Gazette 6.660 Extraordinary 4-11-2021, at https://tinyurl.com/8nka2hmr).
The recomposition of the country and the political tissue of the parties will take place after the Constitutional President, in exercise of his powers, convenes the Constituent Assembly so that in fair, free and transparent elections, the legitimate representation of Venezuelans may gather for the Refoundation of Venezuela. And after the whole Constituent process, in equally free, fair and transparent elections, Venezuelans will decide who will lead the country politically. There, the political dead that we all know, who still want to appear in the Venezuelan political scene, should measure themselves with the people to see if they will be allowed to come back to life.
The process of change is unstoppable and has already begun. The very inertia of the Venezuelan people's decision for change cannot be stopped. At this point there can be no doubts to act among those who have the political responsibility of not disappointing again the aspirations of the Venezuelan people. To hesitate is to lose ourselves, Bolívar dixit...
Caracas, February 2, 2025
Blog:
TIC’s & Derechos Humanos, https://ticsddhh.blogspot.com/
Email: luismanuel.aguana@gmail.com
Twitter:@laguana
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