The Devil's Excrement

Second part of the series being published by El Universal on the violations of the Constitution by the Chavez Government.

7.-6/30/2000 Chavez’ illegally appointed Supreme Court rules that the nomination for the National Electoral Commission do not have to follow the Constitution as long as they are provisional (This provisional status reamin until today).

8.-06/01/2000 The National Assembly approved the new Telecommunications law, which allows the Government to to suspend TV and radio concessions “when it is convenient to the interests of the nation”. This violates all the articles about freedom of information, speech and human rights established in the 1999 Constitution.

9.-06/30/2000 The Supreme Court excludes from being defined as non-Governemnt organizations with the rights given to such institutions by the Constitution to nominate, represent and participate to all organizations that: i) are composed of clerics, ii) foreigners, iii) have received funding from  foreign institutions and iv) are worlwide organizations. This violates the rights given by the Constitution to all people to participate and not be discriminated against.

10.-11/14/2000 The National Assembly approved a law to name Civil Servants and the Supreme Court which violated the procedures established in the Constitution. The Supreme Court (which had an obious conflict of interest) has yet to decide on the Constitutionality of this law.

11.- The President throught his Presidency has abused his power by forcing the media to carry his speeches, sometimes hours long and sometimes many times a week which he has used to attack, disqualify and declare “war targets” personalities and institutions from the media, religious and political groups. He has asked the people not to buy certain newspapers. He cancelled the transmission of TV stations on April 11th. at the same precise time tahat a peaceful march was being massacred by his supporters. In the two days prior to April 11th. he forced the media to carry as many as 20 of his nationwide speeches. These are all obvious violations of the both the current and prior Constitutions.

12.-12/2000 The President actively participated in a union campaign election, refusing to recognize the legality of the results when his candidate lost. The Electoral Commission in violation of international law supervised the process and refused to acknowledge the victor. This violates the Constitution as well as international treaties. To date, the Chavez Government has yet to accept the winner of that election.

Your Majesty                                                          Oct. 14th. 2002

King of Norway

Oslo, Norway

Your Highness

As a Venezuelan I can’t help but be appalled at the news that Venezuelan President Hugo Chavez will be officially received by you and your Government. I am not sure what type of advice or intelligence your Government has received, but the Chavez Government has consistently violated the human rights of its people during the last three years. Only last week, active military officers had their rights violated by attempts to arrest them without any regards to due process or the Constitution.

Separately, Hugo Chavez, his Vice-President and members of his Cabinet have been accused of crimes against humanity in front of the Venezuelan Supreme Court, unfortunately the Court remains under his controls, despite which the Court has said that there is evidence and has asked the Attorney General to investigate the case further. Unfortunately, more than twenty suits against the President have yet to be processed by the Attorney General’s office.

This weekend Hugo Chavez boasted that he was ready to cut off all TV transmissions during last Thursday’ opposition march accusing them of faking the images which showed over 1.2 million people attended. And they attended despite the many threats of violence by the President himself and some of his supporters. The threats by Hugo Chavez are not new, the OAS has already issued precautionary measures to protect the rights of many reporters. None of these have been implemented by the Chavez administration.

As I said at the beginning, I am appalled and surprised that a Government from a country that has such a tradition of defending and promoting not only democracy but also the sanctity of human rights would welcome our President as a friendly Head of State. While Hugo Chavez was elected democratically, he has proven and shown at each step that he is not. His constant violation of the Constitution, abuse of the media and absolute disregard for those that disagree with him make him a threat to all Venezuelans and a shame on the international community that supports his ability to repress and abuse.

Respectfully Yours

Miguel Octavio

There is no question that Hugo Chavez’ Government knows how to manipulate the media, in particular the international media. Reports in most newspapers abroad say that Chavez’ march was as large as that of the opposition. Nothing is further from the truth. The proof is in the sneaky ads published by the Government in today’s newspapers (Who paid for them?) claiming Government supporters are a majority with a fuzzy picture of Bolivar Avenue filled with people. Curiosly, in the era of digital media, the picture was extremely fuzzy (but in color!) in all local newspapers. The reason? simple, beyond a certain point Bolivar Avenue was simply empty. In contrast on Thursday during the oposition march, not only was the full avenue completly filled with people, but there were people still marching Kilometers away.

According to Alejandro Freites, who is the most serious person in Venezuela when it comes to counting people in marches, Chavez’ march had 93,000 people calculated in various ways, while the same technique yielded 1.2 million for the Government’s march.

What’s curious is that while Chavez maybe fooling the international press, Venezuelans either went or know someone that went to Thursday’s march and can’t be fooled by the President’s statements. If Chavez really believed that his supporters were a majority, he would hold a referendum and just get it over with. The problem is, he knows he would lose and will do anything to stop it, just watch the next few weeks.

For those that say the opposition has to get rid of Chavez via Constitutional means, the following article presents a brief description of the first 6 instance of the 22 most important violations by the Chavez Government of the Constitution, taken from today’s El Universal:

1.-2/2/99. Chavez is sworn in and says “I swear on this dying Constitution…..”

2.-01/19/99 The Supreme Court authorizes a referendum creating an instrument not in the Constitution and not using any of the mechanisms of the Constitution to allow the change.

3.-7/25/99 The principle of proportional representation established in the Constitution is violated when Chavez’ MVR party with only 65% of the votes, obtained 98% of the seats in the National Constituent Assembly which was to change the Constitution.

4.-12/22/99 The Constituent Assembly a week before the new Constitution was enacted decreed a “transition regime’ which ceased the functioning of Congress, legislative assemblies and all other public powers. Then, arguing that the new Constitution had yet to take effect (it had been approved already five days earlier in a referendum on 12/18/99) it created a National Legislative Committee, named the new members of the Supreme Court, the people’s Defender, the Attorney General, the National Electoral Commission and the Comptroller. In none of these cases were the procedures established by the new Constitution followed.

5.-3/24/00 After the publication of the new Constitution on 12/30/99, changes to the original document, not insubstantial, were added without approval by referendum in clear violation of the new Constitution articles 5, and 340 to 346.

6.-1/309/00 The Constituent Assembly approved the new electoral statue of public powers and established the date for the new elections. This implies it assumed powers it did not have and even assmued the functions of the National Electoral Council.

More to come, but as usual I ask: Where were the OAS, Human Rights Watch, the Carter Center and the PNUD then? Power was taken away from the people and that is why we now are trapped in the labyrinth created by Chavez that all possible solutions out of the problem such as impeachment, trial of the President or even an election are in the hands of hardcore Chavez supporters appointed by the Constituent Assembly with no proporational representation. What is this called, a Constitutional kidnapping?

After Thursday’ opposition march Presient Hugo Chavez will hold his own today. So far, it looks to be about 5% the size of Thursday’s march. That march showed the international community that there is real, strong opposition to Hugo Chavez. To have 1.2 million people peacefully demonstrate while the Government threatens, mobilizes troops and claims it is all part of a coup attempt, is a victory for the opposition. Let’s see what that pseudo-Democrat (pseudo-fascist?) Hugo Chavez did yesterday (page D-4), for those that believe that we have to wait until his term ends, because the Constitution needs to be respected:

In a six hour (!!) speech on TV, Chavez spent most of his time encouraging his supporters to participate in his party’s march, talking about the “coup” that was aborted on Thursday (??) and the “hidden agenda” of the march. Somehow, it seems to me to have been the opposite. The Governemnt claimed all along there was a hidden agenda and a coup, but a huge crowd, marched peacefully asking Chavez to resign and/or hold elections. By the way, to have 1.2 million people march in a city with less than 5 million is in itself quite remarkable.

Now comes Chavez’ statements from yesterday’s TV speech:

“we were ready to cut off the signal of TV channels” given the suspicion that that there was a plot to repeat what happened in April. “There were motives”, Chavez said, with what they did like the transmission of what a military officer said the day before”. He accused (page A-1) TV stations of transmitting false images of Thursday’s march and showed an amateur video in which few peopel are visible at the march. (I was there I couldn’t move!!!). He said they had people at the transmission anntenas to cut off all the signals and “in other places, because they have hidden places from which they can transmit, we have them located, I don’t know if all of them, but almost all”. He said that TV stations had a concessions that the State gives them, but “if you dont follow the Constitution and the law, I can have it removed”. Thus, “anytime this happens these channels could be deactivated or retired from the air”

Now, I would like to know what happen to due process, the Constitution and such things? Where is the Carter Center, the OAS and Human Rights Watch today? Is Chavez a Dictator that he can decide on these issues on his own?  He definitely seems to think so. He violates the Constitution daily and nothing happens (more on that in a later post). International support in the last few months certainly has helped him in mantaining this dictatorial bent. Anyone that thinks that I am exaggerating should read today’s statements by a General that was until that day considered a Chavez supporter (page D-5), about what happened before and on April 11th. If this is no proof that the deaths of April 11th. were the responsability of the Chavez Governmenet I dont know what is.

Human Rights Watch has just issued a report on Venezuela which I find extremely disappointing. Somehow, the call in April to defend the rights of Chavez and his supporters by HRW is not being applied to the defense of the opposition::

“the police detained several Chávez supporters and searched numerous homes without complying with basic standards of due process “

The Chavez Government has been overstepping due process and the Constitution with illegal arrests for weeks, this time around HRW says nothing about this. Why? The same can be said of the earlier call by HRW:

“The Venezuelan authorities should immediately conduct a thorough and impartial investigation to determine who is responsible for the killings and other serious human rights abuses committed during the recent political unrest”

No such an investigation has been carried out due to the fact that Chavez’ MVR has blocked any efforts in the National Assembly (They have the majority to approve it!!!!) to establish an independent committee to determine the truth of what happened in April. In fact, all people jailed for the deaths in April were Government employees, including a City Council member. They were freed by a pro-Chavez Judge, an order that was rescinded by the Supreme Court which fired the judge that day. The judge was hired a week later by a pro-Chavez Mayor.

In its current report HRW says:

“We call on the international community, and the U.S. government in particular, to support efforts underway in Venezuela to promote a negotiated and peaceful settlement to the present political impasse within the framework of the Venezuelan constitution and the rule of law, including strict adherence to human rights principles”

But it fails to note that the Constitution has been violated repeatedly by the Chavez administration which controls the judicial and Congressional powers. The Chavez administration has been searching homes, detaining people and arresting people without following the law and the Constitution and nobody protects Venezuelans from that. Not a single home search or arrest has been witnessed by a representative of the Attorney General’s office, as required by law and military police has been used against civilians, which is illegal. Civil Disobedience within article 350 of the Constitution is our only mechanism for a way out unless Chavez resigns.

“Both utilize tactics of inflammatory rhetoric and confrontation, creating conditions that are likely to lead to more violence”

The only group that has generated or encouraged violence is Hugo Chavez and his Government. There is no declaration or act by the opposition calling for violence. Frequently and as recent as today Hugo Chavez has called for people to defend his revolution with their blood and weapons. It is Hugo Chavez that has called for people to take over private property, which led to the death of two inspectors that were prospecting property for confiscation. All opposition marches have been extremely peaceful, the same can not be said of the bolivarian circles which have taken over violently roads in the city and staged violent demonstrations in which only once has the Government used force to stop them. But two weeks ago a peaceful march made up mostly of middle aged women was gassed by the National Guard which also used plastic bullets. Chavez had threatened us for two years with the weapons of the military. Here they are for the first time. Will there be more?

“Sectors of the opposition continue to seek President Chávez’s removal prior to the end of his term, with little regard for the legality or constitutionality of how that goal is achieved”

Yes, the people want Chavez to leave because with his regular violations of the Constitution and violations of human rights in April his Government is no longer legitimate. The only way legally to get rid of Chavez is for him to resign or be tried. To be tried the Supreme Court has to allow a trial. Since he controls the Supreme Court, all suits against the President, including the one for crimes against humanity have been set aside or dismissed by the Venezuelan Supreme Court. So what are people to do? Wait until the Armed Forces are cleansed by Hugo Chavez? Or until the 12 year term of Supreme Court justices expire? How can we even have an election with a submissive electoral council?

“Far from providing fair and accurate reporting, the media by and large seek to provoke popular discontent and outrage in support of the hard-line opposition”

Where was HRW when Hugo Chavez forced the media regularly to show his four-five hour speeches under the threat of shutting them down?. Where was HRW when Hugo Chavez shut off the media on April 11th.? Where was HRW when Hugo Chavez addressed the nation on April 11th. while the peaceful demonstration was being shot at? Did they watch the Government channel during their stay in Venezuela? The Government channel reports daily the wonderful state of and economy that has shrunk by over 10% so far this year and with unemployment running at the highest level in 20 years, but yet HRW does not criticize them?Please!!!!!

“We also urge the Venezuelan opposition and government to accept an OAS “facilitator” as soon as possible to promote dialogue and a democratic solution to the present political crisis”

Up to now only the opposition has committed to signing the agreement. Hugo Chavez has not said once that he will sign it. Why is this? Who is against dialogue? The opposition which was selectively excluded from the dialogue commission in May, or the Government who picked who it wanted to have a dialogue with?

“Finally, we wish to underscore the crucial work being carried out by Venezuelan human rights organizations such as PROVEA, the Red de Apoyo, COFAVIC and the Vicaría Episcopal de Derechos Humanos. They are performing an important and difficult role in defending human rights in a polarized and complicated situation, and in promoting dialogue at the local level. The Venezuelan human rights community deserves the full support of the OAS’s Inter-American Commission on Human Rights, and the international community more broadly”

The only part of the report we can fully agree with!!!!!! Does HRW point out how the Chavez administration regularly seeks to discredit most of these institutions? Why not? Why so gentle on Chavez and so harsh on the opposition? Being elected does not give the right to a President of violating the Constitution, the law and human rights almost daily!!!! Hitler was elected too!!!

Bad job HRW, shame on you!!!!!

Military and Intelligence Police attempted to detain General Rosendo in a suburb of Caracas without an order from a judge or the presence of someone from the Attorney General’s office. Hundreds of neighbors surrounded the General and the police thwarting the arrest. Half an hour later (now) the event has turned into a demonstration. Genral Rosendo is an active General who has been without assignement since April and this afternoon held a press conference calling the Chiefs of Staff “weak” and asking Hugo Chavez to resign and leave.  7:43 PM EST

Many rumors in Caracas at 6 PM EST as I write this. The march is tomorrow, but programming in TV stations is strange to say the least. Lots of reruns of the same news and only one true bulletin reporting the Chiefs of Staff of the Armed Forces were at an emergency meeting. A second rumor is that President Chavez had asked the military to establish a state of emergency and they had refused to do it. Stay tuned…….

Venezuela’s President Hugo Chavez claimed to have foiled a coup attempt against him today. The truth was that the “coup” appeared to be more like a comic opera in the words of its suspected leader 83-year old Enrique Tejera Paris. In the middle of the night military and intelligence police searched his home accusing him of plotting to kill the Secretary General of the OAS Cesar Gaviria who had left on Friday. During the raid a map supposedly was found that described the takeover of the Presidential palace with local police (??). When Tejera Paris, a former Minister of Foreign Relations, showed up at the Intelligence police there was no formal opening of a case against him and he was not even detained. Chavez Foiled or Chavez Folly? You be the judge.

(That Mr. Tejera may be conspiring against Chavez may be true, roughly 60% of the population appears to be doing it, including me. The fact that he was not detained proves there was no solid evidence against Mr. Tejera and Mr. Chavez is simply VERY paranoid))

One has to wonder what happens to people when they become Government officials. I have (had?) a reasonably good impression of the Minister of Production and Commerce of the Chavez administration, at least a better opinion of him than most of the Cabinet members. Rosales is a former Professor of the local MBA school IESA. But today he won the October Maza Zavala economic stupidity award for his statement on inflation in 2002. Said Rosales:

“projections that inflation will reach 35%…..are political, but a number like 26% (for the year) seems reasonable”

 Now let’s look at the numbers. The Venezuelan Central Bank reported on Monday that inflation for the month of September was up 4.5%, given a total value for accumulated inflation in the year 2002 of 25% . Thus for the Minister’s prediction of 26% to become reality, the CPI would have to rise less than 0.3% for three months in a row. Now the lowest monthly CPI in Venezuela for the last four years was 0.4% in February 2000, thus it would seem somewhat difficult for it to be below 0.3% for three months in a row. Moreover, The CPI in September was the highest of the year and the highest in four years, so there is no reason to expect a dramatic drop in the last three months of the year. In fact, if we are benevolent and assume the CPI will be in the last three months similar to the average rise per month this year of 2.5%, then the “political” prediction of 35% becomes a very precise reality.

Now, how can a reasonable intelligent person say what he said? I guess it must be the same “street smarts” that led him to accept the position of Minister in the Chavez Government…..