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Reforming Venezuela's Constitution (Amb. Alvarez Presentation at CSIS)
Via NY Transfer News Collective * All the News that Doesn't Fit
Venezuelanalysis - Nov 20, 2007
http://www.venezuelanalysis.com/analysis/2857
[Presentation by Bernardo Alvarez Herrera, Ambassador of Venezuela to
the US, at the Center for Strategic and International Studies in
Wa****ngton DC, November 19, 2007.]
Reforming Venezuela's Constitution
by Bernardo Alvarez Herrera
As Venezuela prepares to vote on a number of reforms to its 1999
Constitution, its useful to put the changes into context.
As societies evolve and their needs change, so too must their laws,
customs and constitutions. In 1816, Thomas Jefferson, one of Americas
founding fathers, wrote on this very point: I know also that laws and
institutions must go hand in hand with the progress of the human mind.
As that becomes more developed, more enlightened, as new discoveries
are made, new truths disclosed and manners and opinions change with the
change of cir***stances, institutions must advance also and keep pace
with the times. Similarly, in 1824, he argued, We have not yet so far
perfected our constitutions as to venture to make them unchangeable.
But still, in their present state, we consider them not otherwise
changeable than by the authority of the people. Jefferson even went as
far as to argue that constitutions should change with every new
generation, or, in his time, every 19 years.
Since President Hugo Ch!vezs first election in 1998 and his most
recent re-election in 2006, Venezuela has undergone a dramatic
revolution in peace and democracy. After a failed coup attempt in 2002
and a sabotage of the oil industry in 2003, the Venezuelan government
has aggressively worked to expand the means for political
participation; create an equitable and sustainable economy; and address
longstanding social deficits.
To that end, and in accordance with Article 342 of the 1999
Constitution, on August 15 President Ch!vez proposed 33 reforms to the
constitution. The reforms were aimed at helping speed the
redistribution of national resources to Venezuelas neediest;
decentralize political power and grant communities more say in federal
affairs; and outline the legal foundations of the countrys new system.
After the reforms were proposed, the National Assembly debated the
reforms in three rounds, approving a final slate of 69 reforms in late
October.
But unlike traditional political debates, the discussions of the
reforms occurred throughout Venezuela and were open to massive public
participation. In a 47-day period " from August 16 to October 7 " some
9,020 public events were held and 80,000 phone calls made to a special
hotline, mechanisms through which the Venezuelan people were free to
offer opinions and critiques. Over 10 million copies of the reforms
were distributed to the public, and one poll found that over 77 percent
of the Venezuelan people had read them. The reforms are set to be voted
on in a national referendum on December 2 " leaving their fate in the
hands of the Venezuelan people.
Much has been made of the reforms, most of it ignoring or distorting
key details. One reform would extend the presidential term limit to
seven years and do away with term limits. Of course, the president
would still have to face regular elections and the recall referendum,
an innovative democratic mechanism that allows the Venezuelan people to
cut short the term of any elected official. Another set of reforms
would codify new forms of public property, though while restating the
rights to private owner****p. And another reform would limit certain
political liberties during national emergencies, though while
maintaining key due process rights and the right to life and personal
integrity " thus keeping with international standards.
Of course, critics tend to ignore many of the most progressive reforms.
One would prohibit discrimination based on ***ual orientation or
health. Another would lower the voting age to 16 " following a similar
move made in Austria this year. Two others would formalize the right to
adequate housing and right to free public education, while others still
would create a social security fund for the self-employed, protect
Afro-Venezuelan heritage and guarantee the full rights of prisoners.
The critics of the reforms not only misunderstand their purpose, but
they also fail to recognize that since President Ch!vez was first
elected, their worst fears and warning have not come true. Democracy
remains vibrant in Venezuela (the 2007 Latinobarometro finds that
Venezuelans are again second most likely in the region to express
satisfaction with their democracy), the economy continues to grow (four
consecutive years of 11.9 percent average growth) and social programs
are yielding im****tant advances (a drop in poverty from 55 percent in
2003 to 30 percent in 2006). Moreover, many of the critics of the
reforms seem to underestimate the capabilities and intelligence of the
Venezuelan people. Even though Venezuelas process of change has
proceeded peacefully, democratically and openly, there is still a poor
understanding of the capacities of the Venezuelan people to determine
their own interests and govern themselves. To these critics, the
Venezuelan people " the great majority of which are literate, educated
and engaged " are easily manipulated. This simply isnt true.
The reforms to the 1999 Constitution are fully consistent with the
changing needs of a democratic country like Venezuela that is seeking
an alternative model of participation and development. The process by
which the reforms were debated indicates a high level of civic
engagement and participation, a key element of any democratic system.
When you remove the reforms from the usual political dynamic
surrounding Venezuela, it becomes clear that many of the reforms basic
principles " increased participation and social justice " are agreed on
by most people. Ultimately, the Venezuelan people will be able to
decide whether or not these reforms succeed in the national referendum
set for December 2. The basic request of the Venezuelan people is that
this democratic process be understood and be respected.
Bernardo Alvarez.
Venezuela Ambassador to the United States.
November 19, 2007
An audio clip of the conference can be downloaded in MP3 fromat at
http://www.csis.org/media/csis/events/071119_ambven.m3u
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