Venezuela Anticipates Constitutional Reform Vote

November 2nd 2007, by Megan Morrissey - VIO

Over the next month, Venezuelans from across the political spectrum will debate a package of constitutional reforms put forth by the National Assembly. This period of political campaigns, which could include a series of nationally televised debates between opposition and pro-government political parties moderated by the National Electoral Council, will precede a national referendum scheduled for December 2nd. The referendum will give Venezuelans the final word on the proposed constitutional changes.

The National Assembly approved a final draft of 69 constitutional reforms on Friday November 2nd, a process which began last August when President Chavez submitted a constitutional reform proposal to the lawmaking body. The National Assembly built on those reforms, adding changes to an additional 36 articles on top of the initial 33 slated for reform. The review process by the National Assembly drew on citizen participation, as lawmakers received public input on the reforms in open sessions called "street parliaments."

Opposition groups have made their demands known by calling on the National Electoral Council to push back the referendum on the reforms until 2008 and to allow each constitutional change to be voted on separately. However, Venezuelan law dictates that all reform proposals - whether they are submitted by the President, lawmakers, or voters - must be put to a national referendum within 30 days of their completion.

The CNE announced last week that it will adhere to this law. However, President Chavez conceded to opposition groups by announcing Wednesday that the 69 proposed reforms may be put to the public in blocks during the referendum, rather than as a single up-or-down vote. The National Electoral Council indicated that, by law, one third of the proposed articles may be voted on separately. This will give Venezuelans more choice on the issues.

Debates within the National Assembly led lawmakers to alter some of the initial reform proposals, most notably Article 337, which in its original language would have banned citizens' right to due process during states of national emergency.

Due process is now guaranteed under Article 337, along with the right to life, freedom from torture, disappearance, and silencing. The right to information, however, will be suppressed during national emergencies - a 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.

Article 337 was initially the subject of harsh criticism from opposition groups as well as by some political parties represented in the National Assembly. However, it is fully consistent with international law, which recognizes the right of governments to limit certain rights in extreme circumstances. Similar clauses outlining the imposition of a state of exception or a state of emergency are part of constitutional law in many of the world's prominent democracies, including the US, Australia, Canada, France, Ireland, Spain and the UK.

Criticism has also arisen over Article 230, a proposal to add one year to the current six-year presidential term and allow for continual reelection. Currently, presidents in Venezuela are subject to a two-term limit. Despite claims that the change is a bid by Chavez to remain in office for life, the removal of term limits would not affect the basic system of electoral competition in Venezuela.

Changes to article 230 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, introduced under the 1999 Constitution, was invoked in 2004.

On the issue of term limits, Secretary General of the Organization of American States, Jose Miguel Insulza, pointed out that President Chavez "is not saying anything about eliminating the parties in opposition." Insulza concluded, "I do not believe the multi-party system is at stake in Venezuela."

Rather than concentrating power in the executive, constitutional reforms in Venezuela would increase citizen involvement in the system of participatory democracy. A measure proposing to lower the legal voting age by two years is based on the fact that 60-70% of Venezuelan population is under 30 years of age.

This is just one way in which citizen participation in democracy would be enhanced. Additionally, article 158 would guarantee government funding to communal councils, neighborhood groups that allow local knowledge to be put to use in identifying and solving local problems.

From the point of view of human rights, the proposed constitutional reforms build on provisions in the 1999 Constitution recognizing 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 foundation. Workers' rights will be furthered by measures to shorten the work week to 36 hours and extend social security benefits to the self-employed. Additional progress on women's rights is seen in a provision that requires political parties to promote both female and male candidates.

As political campaigning for and against the constitutional reforms begins, the government and its supporters are gearing up to face challenges launched by the opposition. In response to protests taking place in Caracas during debates on the reform proposal by lawmakers, President Chavez has stated, "Those who don't agree with the project, have the right not to. They should prepare themselves for December 2 and try to convince people to vote against the reform."

However, opposition groups in Venezuela seems set to encourage the public to reject the national referendum altogether. Statistics from the polling firm Datanalysis suggest that those in favor of the reforms will vote in the referendum, while those opposing the reforms plan to boycott the referendum. Voter abstention is a serious danger. A similar boycott of congressional elections by the political opposition in 2006 sought to discredit the government, and led to the exclusion of opposition groups from the National Assembly.

Political divisions may run deep, but by sabotaging the referendum, those opposed to Chavez will hinder the representative nature of democracy in Venezuela, undermining the system of which they themselves are part.

Megan Morrissey is a media analyst at the Venezuela Information Office in Washington, DC.