This is not a Transitional Statute

By Luis Manuel Aguana

Versiónen español

Venezuelans should already be used to learning about the official opposition through others, but like the unfaithful husband's wife, we always find out last. According to a Bloomberg article, Venezuelan opposition political parties are moving to ditch Juan Guaidó as head of their so-called interim government, which would mark the end of a US-backed strategy that has failed to force out President Nicolás Maduro.  At least two of the four main opposition parties plan to propose replacing Guaidó with a committee of lawmakers, according to a joint proposal seen by Bloomberg and five people with direct knowledge of the matter. (see in Spanish Guaidó at risk of losing support from the opposition, in https://www.bloomberg.com/news/articles/2022-12-19/guaido-en-riesgo-de-perder-apoyo-de-oposicion-para-nuevo-mandato).

At the same time, the portal Noticiero Digital, exclusively, headlines that "AD, UNT and PJ intend to eliminate the Interim Government of Guaidó", indicating that ".... the parties Acción Democrática, Un Nuevo Tiempo and Primero Justicia have made the decision not to support the continuity of the interim government presided by Juan Guaidó, and advance a reform to the Statute that Governs the Democratic Transition to give more relevance to the Delegate Commission of the National Assembly/2015" (see ND in Spanish AD, UNT and PJ intend to eliminate the Interim Government of Guaidó, in https://noticierodigital.com/2022/12/exclusiva-nd-ad-unt-y-pj-se-proponen-eliminar-el-gobierno-interino-de-guaido/).

The truth of all this news is that until this moment they were unconfirmed rumors, which made public a reality that all political Venezuela already knew: the parties of the official opposition decided to make a pact with Maduro and go to elections with his regime in power, and they need to stop talking about "usurpation" and "transition government", disappearing all traces of the -already three times- unconstitutional Statute of the Transition.

Hence, the first to be sacrificed is the Interim Government and its main representative, who, by the way, cannot bear all the blame for not having been able to put an end to the Maduro regime, since it never managed absolutely nothing, as the Bloomberg article rightly states "it never exercised any real power in Venezuela", precisely because those who managed him from that National Assembly that now disowns him, were the main and true responsible for that process, preventing the President-in-Charge from exercising his constitutional functions as President and legitimate power of Venezuela, openly ignoring the separation of powers in its Statute for the Transition.

Some might say that Guaidó "is not responsible" because he acted within the established framework of the Transitional Statute. But he is. He is co-responsible for having placed above the Constitution an unconstitutional norm that dissolved the separation of powers, exercising himself the Presidency of two public powers of a structural and completely different nature. He could not pay himself and give himself change, being the supervisor and the supervised at the same time.

If Venezuelans did not see a result of his administration as Interim President, it was because that Assembly started off badly, violating the Constitution that they pretended to defend in all the versions of that Statute of the Transition. In this new version that is being prepared for the year 2023, even after the demise of the Caretaker Government, that original sin is still alive and kicking.

The 2015 National Assembly may eliminate from the Statute of the Transition the Government in Charge, seeking "...The defense for the restitution of democracy in Venezuela and full validity of the Constitution", but it would be a contradiction and an impossible task to achieve if in this new version they insist on continuing modifying the attributions of the Delegate Commission, pre-established in the Constitution in its Article 196, and which were unconstitutionally extended in the previous Statute. I insist on pointing out that Article 333 of the Constitution does not say anywhere that we have to violate the Constitution with the excuse of defending it. That Statute was, is and will continue to be unconstitutional.

But to come out in defense of our Constitution and especially to brandish Articles 333 and 350, the citizen Deputies have no need to draft any Statute of the Transition, whose name ceased to make sense since they eliminated its essence, which was none other than to regulate a transition that they eliminated from the past version of the Statute by removing the concept of the "cessation of the usurpation" that was to lead us to a "transitional government" with "free elections".

What the deputies of the National Assembly of 2015 will be fabricating in their new modification of the Transition Statute is nothing more than the document of surrender of the country to the regime of Nicolás Maduro Moros, for an election without conditions when the regime feels like it. According to the article of the portal Noticiero Digital, in the document to which they had access "...all mention of the disavowal of Maduro and the usurped authorities disappears. It eliminates the chapters referring to the reinstitutionalization and the conformation of a Provisional Government, which is the core of the political transition". That is why it was called the Transition Statute!

What should that tell Venezuelans? That the figure of the Presidency-in-Charge was used to hide those really responsible for its failure and for Maduro's permanence in power, and that now those who always managed Guaidó will take charge directly, but now it will be without intermediaries, disappearing in this version the ventriloquist's dummy. But this will not improve the situation of Venezuelans, on the contrary, it will make it worse.

However, the most serious aspect of this new "opposition" farce is what our struggle to get out of this sinister regime has become. And it is not that these people who claim to be the opposition are setting up for their benefit a new mechanism to manage the assets of Venezuelans that they have frozen abroad. What is serious is that the opposition problem has been reduced to the "how am I left there" for the political survival of the parties, forgetting the main reason for the parties, forgetting the main reason for which this Statute was made, which was none other than to get out immediately from the regime of Nicolás Maduro Moros, as it was sold to Venezuelans in the first place. And now they tell us that the solution to our CURRENT problems is to wait for elections when the regime decides and under its conditions.

What a lack of respect for the hundreds of dead, disappeared, imprisoned and persecuted political prisoners in the country! Is that the opposition we need? At least have the decency to stop deceiving Venezuelans and give another name to this new mess. I suggest one: "Act of surrender of Venezuela", because this Statute is not a Transition Statute. It is part of the strategy of surrender of the country that began with the signing of the Memorandum of Understanding in Mexico, where the first thing they did was to recognize Maduro as President.

Venezuelans must begin to take a more serious look at the calls of those who claim to be opponents. I will not be the one to tell you what to do with those primaries or with those elections they are trying to convince us of. Just look at the facts, their protagonists and draw your own conclusions. It will be a first step to convince us that the solution does not lie in the election of a savior of the homeland through the electoral mechanisms imposed by the regime, but through the decision of a qualified and Constituent representation of the representatives of all the people, without the intermediation of any corrupt power of the tyranny. When all of us -those inside and those outside- are aligned and convinced that this is the solution, the mechanism to reach it will be the least important...

Caracas, December 20, 2022

Blog: https://ticsddhh.blogspot.com/

Email: luismanuel.aguana@gmail.com

Twitter:@laguana

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