8 November 2018 01:15
In 2017, the government promoted the creation of a national constituent assembly as a "democratic" mechanism for "improving the situation in the country". However, just over a year after its creation, the behavior was different: far from drafting a constitutional text, democratic principles and solving everyday problems of citizens, NGO representatives said.
Transparency Venezuela stressed that ANC has shown a lack of separation of public powers in Venezuela, as the body convened by President Nicolás Maduro continues to be subject to the Executive, responding to the demands of a party to create a new constitution that violates the provisions of Article 347 of the Constitution.
In a report analyzing the execution of 90 constitutional acts celebrated by August, only 6 cases are related to the creation of a new constitutional text, while the other 26 are in line with administrative procedures. The rest are activities that they consider to be unconstitutional, since in 58 occasions they support the Executive and assume the authority of other powers, such as those of the National Assembly, a body that has been usurped for 24 times.
Of the 58 decisions made by the constituency, 44 were executed by the president's orders or supported by its management, says NGO. "The content of the decree, as well as the statement in the media, is clear that the body is subject to the executive and acts to satisfy it," the document states.
For Mercedes de Freitas, the director of a non-governmental organization, any ANC act is irritable – because of calls and elections – but, nevertheless, they make decisions that have repercussions in the country's dynamics. He showed that the treaties of constituent bodies prove the lack of autonomy of authority.
"The ANC does not work in building democracy and developing the country, it is an assembly that works to keep the government responsible for the crisis we have," he added.
But Daniels, the lawyer and director of Access to Justice, said the ANC had begun a path towards totalitarianism. He recalled that the constituent convened President Maduro on May 1 last year, with the aim of diverting attention from protests that occurred on that date.
"In fact, the ANC is not an independent or autonomous body, it only works when the Enforcer says it has to act. The ANC summit was a tool to facilitate the full assumption of all the powers the Enforcer entrusted to the supra-constitutional powers and could do so by cleaning up public officials" , he said.
The change in the Prosecutor's Office stands out because of this action. Prior to the dismissal of Prosecutor Luise Ortega Díaz, Maduro said that among the ANC's goals was the "transformation" of the ministry that initiated investigations into the deaths that occurred at the demonstrations that took place at that time, the Prosecutor's Office also condemned the PLO violations of human rights and extrajudicial extradition.
On six occasions, constitutionally, the National Electoral Council functioned, which allowed the president to hold elections in favorable times for his party, not in the periods laid down in the Constitution. Since last year, he has called for elections on three occasions, in which the leaders of his party received public office through those elections convened in undemocratic conditions.
Another fact which, according to Daniels, indicates the lack of autonomy of the ANC, is that there is no discussion or discussion at its sessions; their decisions were unanimously agreed.
"Constituent are the people who are there to obey the orders, they make the life of a subordinate organ fulfilling the dictates of the Executive and not having an initiative," he said.
"The ANC does not work in the development of the country, it is an assembly that works to keep the government responsible for the crisis we have"
Mercedes de Freitas, Director of Transparency Venezuela