Agreement for the Restitution of the Constitutional Order in Venezuela

Read the full statement issued by opposition legislators last Sunday, which declares the "rupture of the constitutional order" in Venezuela. The document has widely been interpreted as an attempt to impeach President Nicolas Maduro. 

By National Assembly of the Bolivarian Republic of Venezuela

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Venezuela's National Assembly. (Archive)
Venezuela's National Assembly. (Archive)
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National Assembly of the Bolivarian Republic of Venezuela

In Defense of the Constitution, Democracy, and Human Rights

Agreement for the Restitution of the Constitutional Order in Venezuela

CONSIDERING 

That on October 20 of this year, the rectors of the National Electoral Council decided without a solid basis to unconstitutionally snatch away the right to recall [referendum] of the Venezuelan people, compromising the peace and stability of the nation; 

CONSIDERING

That Venezuela has validly assumed international commitments related to the guarantee of democracy and human rights;

CONSIDERING

That the designation of the principal and substitute rectors of the National Electoral Council, who were provisionally named in December 2014, is pending; and that the conduct of the majority of them up until this date has been to conspire against democracy and betray an evident political partiality, and that the designation of two principal rectors and their substitutes, whose periods expire in December, is in process. 

CONSIDERING

That in December 2015, Supreme Court justices were designated in an irregular and fraudulent manner, violating the Constitution and the right of citizen participation; [the new justices] together with the rest of the justices have ended up dismantling the rule of law, subordinating themselves to the orders of the executive.

CONSIDERING

That a investigation into the probable dual nationality of the President of the Republic is in progress, which should be concluded shortly; that Nicolas Maduro has actively participated in the abovementioned rupture of the constitutional order, and there exist well founded reasons to maintain that he has abandoned the constitutional functions of the Presidency of the Republic. 

CONSIDERING 

That the National Armed Forces has a duty to respect and defend the Constitution, instead of subordinating itself to a political fraction and that due obedience does not exempt it from responsibility for human rights violations, 

CONSIDERING

That in virtue of Article 333, all citizens have the right and duty to reestablish the effective validity of the Constitution.

FIRST AGREEMENT: 

(We)

Declare the rupture of the constitutional order and the existence of a coup d’état committed by the regime of Nicolás Maduro against the Constitution of the Bolivarian Republic of Venezuela and the people of Venezuela. 

SECOND: 

Request the international community to activate all of the mechanisms that are necessary to guarantee the rights of the people of Venezuela, especially their right to democracy.

THIRD: 

Formalize the denunciation before the International Penal Court, and all other competent organizations, against the judges and rectors of the National Electoral Council responsible for the suspension of the Recall Referendum process and all other functionaries responsible for the political persecution of the Venezuelan people.

FOURTH:

Proceed immediately and in accordance with constitutional mechanisms to the designation of the 3 principal rectors [of the National Electoral Council] and their substitutes, who were named provisionally in December; as well as the designation of the two principal rectors and substitutes whose period culminated in December of this year, in order to guarantee the respect for Venezuelans’ right to choose, as well as the separation of powers and respect for rule of law. 

FIFTH:

Proceed immediately in accordance with constitutional mechanisms to the designation of [new] Supreme Court justices in order to guarantee the respect for Venezuelans’ right to choose, as well as the separation of powers and respect for rule of law. 

SIXTH: 

Initiate the process to determine the constitutional situation of the Presidency of the Republic and convoke a special session of the National Assembly for Tuesday October 25 to evaluate and decide this matter.

SEVENTH:

Conform a special high-level parliamentary commission charged with developing and defining decisions emanating from this agreement to restore the constitutional order.

EIGHTH:

Urge the National Armed Forces not to obey nor execute any act or decision that is contrary to constitutional principles or violate the fundamental rights of the Venezuelan people, emanating from the Executive, Judicial, Citizen, and Electoral powers. 

NINTH:

Convoke the Venezuelan people, in virtue of the constitutional precepts, especially that of article 333 our Constitution, to the active, constant, and valiant defense of our Magna Carta, of democracy and rule of law, until the Constitutional Order is successfully restored.

TENTH:

Make public this present Agreement. Presented, signed, and sealed in the Federal Legislative Palace, seat of the National Assembly of the Bolivarian Republic of Venezuela in Caracas, on the 23 day of October of 2016. 206th Year of Independence and 157th Year of Federation. 

HENRY RAMOS ALLUP 

President 

ENRIQUE MARQUEZ PEREZ 

First Vice-President

JOSE SIMON CALZADILLA

Second Vice-President   

ROBERTO EUGENIO MARRERO BORJAS

Secretary

Jose Luis Cartaya 

Sub-secretary

Translated by Lucas Koerner for Venezuelanalysis.com.