CONSTITUTIONAL REFORMS IN
VENEZUELA
On August 15th,
2007, President Chavez made headlines when he proposed a set of 33 reforms to
the Venezuelan Constitution during a speech in the National Assembly in
Caracas. A commission to study the
reforms was immediately set up by the lawmakers and was declared in permanent
session. President of the National
Assembly Cilia Flores stated that all issues relating to the draft reforms
would be discussed, including the strategy of the National Assembly for
addressing each one, as well as public consultations designed to allow for
citizen participation in debates.[1]
President Chavez was criticized for making the legal argument that the proposed modifications are "reforms" rather than "revisions," thus avoiding another constituent assembly and sending his proposals directly to the National Assembly for review. However, critics overlook the fact that the public must still approve the new reforms through a referendum. Miguel Tinker Salas, a Venezuelan Professor of History at Pomona College, said, "the process up to now has been rather closed, [but] from here forward we're going to be seeing a broad and ample national debate… It's not just a matter of a president proposing it and the assembly rubber stamping."[2]
A high degree of consensus within the National Assembly has been cited as preventing a thorough review and discussion of the articles slated for reform, but in fact, critical and dissenting voices came from different political parties within the lawmaking body.[3]
During its review of the proposed reforms, the
National Assembly carried out public consultations in all 23 states in
Venezuela. The text of the reforms were
distributed to an estimated 5.4 million households, particularly in rural and
poor areas, which were visited by mobile units equipped with videoconference
and wireless systems.[4] Interest groups including students, workers,
and civil society groups were also consulted, and feedback was given through
local elected leaders who presented citizens’ perspectives before the National
Assembly. The National Plan to Debate
the Constitutional Reform was designed to “activate a national political debate
and the participation of the people in the process of constitutional reform
aimed to strengthen revolutionary consciousness, stimulate popular
mobilization, and guarantee the sovereign expression of the majority on the
occasion of the referendum.”[5]
Lively debates about the content of the proposed
reforms ensued throughout all sectors of Venezuelan society. The media served as an important site for
the expression of viewpoints by individuals from across the political
spectrum. In open forums held at downtown
public plazas, students in the nation’s capital carried out their own
discussions of the tenets of the reforms.[6]
The National Assembly began the third and final
round of discussions on the reform proposal on October 15th, at
which time an additional 36 provisions were presented by lawmakers. On November 2nd, the
National Assembly voted to pass the final set of 69 constitutional articles to
finalize its review of the reforms. Political campaigning on the reforms
also began that day.
Venezuelans are now being
exposed to views from across the political spectrum during a month of
campaigns, which may include a series of nationally televised debates
between opposition and pro-government political parties moderated by the
National Electoral Council, the body that will oversee a national referendum
scheduled for December 2nd.[7] Law
requires that constitutional reforms be put to voters within 30 days of being
drafted, and so on December 2nd, 2007, Venezuelans will choose
either to accept or reject the final draft of the proposals.
CONTEXT: THE 1999 CONSTITUTION
If approved, the new package of constitutional
reforms would alter Venezuela's 1999 Constitution, which was drafted by a
Constituent Assembly shortly after President Chavez began his first term in
office. The 1999 Constitution was
ratified only after it won approval by the general public in a national
referendum, in which 71.78% of Venezuelans gave the document a 'yes' vote.
With the approval of the 1999 Constitution by popular vote,
significant political and institutional changes were adopted. The national legislature was changed from a
bi-cameral system to the current uni-cameral one, known as the National
Assembly. The lawmaking body now
consists of 167 deputies elected through a system of proportional
representation to serve five-year terms.
Two new branches of government – a National Electoral Council and Human
Rights Ombudsman – were added to the preexisting executive, legislative, and
judicial branches. These changes gave the population more direct representation
in national politics.
The 1999 Constitution was groundbreaking in that it
guaranteed citizens a new and impressive set of human rights, including free
education, universal health care, and increased civil rights. Minorities like Afro-Venezuelans and
Indigenous peoples were recognized, and the work of housewives was considered a
productive contribution to society meriting compensation. The 1999 Constitution is considered today to
be one of the most comprehensive and progressive in the world.
In nearly a decade since the 1999 Constitution has been in force, the government has invested an enormous amount of resources in empowering citizens and fostering their participation in democratic politics. Through initiatives like voter registration campaigns and the mass issuance of national ID cards, voter turnout and citizen involvement in local and national politics have increased significantly.
OVERVIEW: THE 2007 REFORMS
In Venezuela, constitutional reforms may be
proposed by either the President of the Republic, the National Assembly, or 15%
of registered voters organized through petitioning. Constitutional Articles 342, 343, 344, and 345 stipulate that
reform proposals must be debated three times in the National Assembly, modified
if needed, and then each reform must be approved by two-thirds of the members
in order to move forward. Those
approved must then be voted on no more than thirty days later by the public in
a national referendum. In this final
stage, reforms can only be ratified if supported by a majority of the voting
population. As of this writing, the
third round of debates was being carried out (October, 2007).
If the entire package of
2007 reform proposals is passed by the National Assembly, changes would affect
68 of the 350 articles comprising the 1999 Constitution, or slightly less than
twenty percent of the legislation. New proposed constitutional reforms would make
changes to laws regarding politics, the economy, property law, the military,
the national territory, and culture and society. They would not however, have a significant impact on the
political structure of the government, as did the 1999 Constitution. Their most important aim, according to
President Chavez, is to create a “new geometry of power” that increases citizen
power and government accountability.
POLITICS
In an effort to increase
voter participation in Venezuela, where an estimated 60 to 70 percent of the population is under the age
of 30, Article 64 would reduce the age at
which citizens may legally vote from 18 to 16 years of age.
Campaign financing is
addressed through Article 67, which
would prohibit political parties and candidates from accepting funds or resources
from foreign governments, and foreign organizations whether public or
private. The State would be permitted
to finance electoral activities.
One of the most talked
about reforms in the international press is Article 230, a proposal to add one year to the current six-year
presidential term and allow for continual reelection. Currently, the executive office is subject to a two-term
limit. Despite claims that the change
is a bid by President Chavez to remain in office, the removal of term limits would
not affect the basic system of electoral competition in Venezuela. It would not restrict the right of citizens
to run candidates against Chavez or his party.
Nor would it do away with the ability of voters to petition for a
national recall referendum to oust the sitting president mid-term. This provision, part of the 1999
Constitution, was invoked in 2004.
Debates within the
National Assembly led lawmakers to alter some of the initial reform proposals,
most notably Article 337, which would no longer ban citizens' right to
due process during states of emergency.
Also still guaranteed would be
the right to life, freedom from torture, disappearance, and silencing. Under
Article 337, the right to information will be suppressed during national
emergencies. This measure is consistent
with past law in Venezuela that has been explained as a legal reaction to media
manipulation of events during the 2002 coup against President Chavez.[8]
Article 337 has been criticized by some political
parties represented in the National Assembly as well as opposition groups.[9] However, it is fully consistent with international law, which recognizes the right
of governments to limit certain rights in extreme circumstances.[10] Similar
laws outlining the imposition of a state of exception or a state of
emergency are in place in many of the world's prominent democracies,
including the US, Australia, Canada, France, Ireland, Spain and the UK.
THE ECONOMY
Many of the reforms currently
under review are markedly economic in nature, for, according to the Los Angeles Times, the changes aim to “redistribute power and
resources to the poor and disadvantaged.”[11] Venezuela has experienced record growth
rates in recent years, and an attempt is being made by the government to use
oil revenues in a manner that is truly equitable.
On
a recent visit to Venezuela, Nobel Prize-winning economist Joseph Stiglitz commented that Venezuela
has stood out in recent years for its remarkable progress in making oil
revenues directly benefit citizens. Stiglitz also stated that "The
key to success is finding the right balance between the private sector and the
government, which is different for each country."[12]
Article 112 of the current constitution would be
altered to allow a "social economy" to replace existing economic
policies, which have for decades favored privatization and state
non-intervention based on a neo-liberal conception of economics. Instead of fostering primarily private
initiatives, the state would become responsible for promoting development
"based on humanistic values such as the cooperation
and the preponderance of common interests that guarantee the fulfillment of the
social needs of the people, social and political stability and
happiness." Consideration would
also be given to companies and economic units of social production –
both "direct" or communal economic units, and
"indirect" state-run economic units.[13]
Additionally, Article 113 would officially prohibit
monopolies and the unjust consolidation of economic resources.
Another important change
affects Venezuela's Central Bank, which would no longer be entirely independent
of the government. Article 318 would hand over the Bank’s primary task to elected
officials: the control of monetary policy, largely through short-term interest
rates. Neo-liberal economists frown
upon this method because it relegates the market and elite interests to a less
powerful position. However, interest
rates are an essential part of the national economy because they have a direct
effect on growth rates as well as employment, wages, and inflation. Currently, the government makes decisions on
economic development and tax and spending policy. This proposed reform would increase the government’s ability to
effectively coordinate economic policies by requiring the Executive and the
Central Bank to work together to increase economic growth and development.
New provisions regarding
workers rights would build on important guarantees put forth in the 1999
Constitution. Under Article 90, the work week would be
shortened from 44 hours to 36 hours. Article 87 would extend benefits to
independent contractors by creating a "Social Stability Fund" for
workers including housewives, domestic workers, taxi drivers, and informal
vendors.
PROPERTY LAW
The 2007 reforms mark
the first time that the phrase "private property" has ever been
mentioned in the Venezuelan Constitution.[14] Under them, Article 115 would expand the definition of property to include five specific categories: public (that which belongs
to state entities), social (belonging to citizens), collective (belonging to
people or social groups either in social or private form), mixed (both public
and private), and private (belonging to individuals and private
entities).
Property law in Venezuela would continue to
guarantee that, "Only for reasons of public benefit or social interest by
final judgment, with timely payment of fair compensation, may the expropriation
of any kind of property be declared."[15] As in the past, private property would only
be retrieved by the state in the interest of the public good and fair
compensation would accompany it.
Further guarantees for private property are seen in
a reform to Article 82, which would
guarantee housing protection to families by making it illegal for homes to be
expropriated or repossessed.
THE MILITARY
The reform proposal would also affect Venezuela’s
military structure. A proposed change
to Article 320 would make the
National Guard a branch of the armed forces called "Bolivarian Popular
Militias." Under Chavez, the National Guard has assumed important
roles in disaster relief and development projects. Changes would give the
National Guard a role in national defense, in addition to maintaining internal
order. Venezuela’s armed forces would
also be renamed the Bolivarian Armed Forces.
Also affected would be Article 329, which currently establishes that "The Army, Navy
and Air Force have as their essential responsibility, the planning, execution
and control of military operations as required to ensure the defense of the
Nation." Article 11 would incorporate Venezuela’s maritime regions into its
sovereign territory and would allow military regions to be designated to carry
out specific activities ranging from counter narcotics operations to national
defense.
TERRITORIAL REDEFINITION
As is true in many countries, Venezuela’s internal
boundaries have largely served the interests of economic and political
elites. Reforms to Article 16 aim to rectify this imbalance. To begin, resources will be made more accessible to communities
that have historically suffered from poor economic development and
infrastructure by designating these areas as federal districts on state, city
and local levels.
To compliment Venezuela’s existing political and
territorial categories, new ones will be created, including insular districts,
cities, and maritime regions.
Neighborhood activists and community organizations will likely benefit
from these proposed changes, and from the official recognition of
“communes.” The hope is that this will
encourage more formal participation by the community in local public affairs. Under Article
184, national law would be drafted to make municipalities responsible for
providing the resources and services requested by community organizations.
CULTURE AND
SOCIETY
In general, the reform proposal being put forth
builds on provisions in the 1999 Constitution that recognize the social and
cultural diversity of Venezuela.
Discrimination on the basis of sexual orientation would be banned by Article 21. A step toward undoing centuries-old racial prejudices is
evidenced in Article 100, which is
slated to recognize Afro-Venezuelan heritage alongside the Indigenous and
European influences as part of the nation's historical and cultural
foundation. Additionally, progress on
women's rights is seen in provisions that would extend social benefits to
informal workers and require that political parties promote both female and
male candidates.[16]
CONCLUSION
Venezuela has had 26 different constitutions, but it was not until 1999 that citizens were consulted during the process of formulating the national charter. Venezuelans were given a historical opportunity to vote on the final draft of the 1999 Constitution in a national referendum, just as they will vote on the new reforms in a referendum planned for early December of 2007. In the lead-up to the referendum, has been no shortage of debate on these issues in society. Citizens from all different walks of life have been encouraged to learn about the reforms and to vote in the national referendum. The government is encouraging all eligible voters to come out on referendum day so that their views might be heard. In the end, the public will be given the final say about whether the reforms are signed into law. As Venezuela goes about redefining its political path and developing a new form of socialist democracy, it is important that observers take a thoughtful look at this process. In times of rapid change, mistakes may come with the territory. However, observers of Venezuela will also find many triumphs that are just waiting to be discovered, including impressive experiences in citizen-government collaboration, active political engagement, and anti-poverty efforts. ---The Venezuela Information Office is dedicated to informing the American public about contemporary Venezuela, and receives its funding from the government of Venezuela. Further information is available from the FARA office of the Department of Justice in Washington, DC.