8 November 2018 1:15
In 2017, the government promoted the formation of a national constituent assembly as a "democratic" mechanism to "improve the country's situation". However, a little more than a year after its formation, the behavior was different: far from compiling constitutional texts, democratic principles and solutions to people's daily problems, said NGO representatives.
Transparencia Venezuela shows that the ANC has been a demonstration of the lack of separation of Public Power in Venezuela, because the body, organized by President Nicolás Maduro, remains subject to the Executive, responding to his foreign request for the creation of a new constitution, which violates the provisions of article 347 of the Constitution.
In a report in which they analyzed the performance of 90 constitutional actions celebrated until August, only 6 cases related to the creation of new constitutional texts and 26 related to administrative procedures. The remainder is based on activities that they consider unconstitutional, because at 58 they have the opportunity to support the Executive and take power from other countries, such as the National Assembly, a body that has been captured 24 times.
Of the 58 decisions made by constituents, 44 were made by the president's order or to support his management, the NGO said. "In the contents of the decree, as well as in statements in the media, it is clear that the organ is subject to Executive Power and acts to please it," said the document.
For Mercedes de Freitas, the director of the NGO, every ANC action is írrito – for his calls and elections – but, apart from that point, they carry out decisions that have an impact on the country's dynamics. He pointed out that constituent agreements were a demonstration of the lack of power autonomy.
"The ANC does not act in the development of democracy and in the development of the country; this is an assembly that works to defend the government responsible for the crisis we have," he added.
Ali Daniels, lawyer and director of Access to Justice, said that the ANC began the road to totalitarianism. He recalled that the constituency was held by President Maduro on May 1 last year, with the aim of diverting attention from the anti-government protests that took place on that date.
"As a result, the ANC is not an independent or autonomous body, only acts when the Executive says it must act. ANC services are a means of facilitating the full assumption of all powers by the Executive that links supra-constitutional power and from there they can purge public officials," he said .
Changes in the Prosecutor's Office stand out about this action. Before the dismissal of prosecutor Luisa Ortega Díaz, Maduro said that among the aims of the ANC was a "transformation" from the Public Ministry, which had begun investigations in cases of deaths occurring during the demonstrations that took place at that time. . The Public Prosecutor's Office also condemned human rights violations and extrajudicial executions by the PLO.
On six occasions constituents have usurped the functions of the National Electoral Council, which has allowed the president to hold elections at a time that is favorable for his party and not within the period specified in the Constitution. Since last year he has called for elections on three occasions, in which party leaders have obtained public office through these elections held in undemocratic conditions.
Another fact which, according to Daniels marks the lack of autonomy of the ANC, is that in his sessions there was no discussion or debate; their decision was agreed unanimously.
"The constituents are people who are there to obey orders, they make the life of a subordinated organ that fulfills orders from the Executive and has no initiative," he said.
"The ANC does not act in state development, it is an assembly that works to defend the government responsible for the crisis we have"
Mercedes de Freitas, director of Transparencia Venezuela