The Carmona Decree

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The Carmona Decree – officially named the Act of the constitution of the Democratic Transition and National Unity Government (Spanish: Acta de constitución del Gobierno de Transición Democrática y Unidad Nacional) and known colloquially as el carmonazo – was a document redacted on April 12, 2002 following the April 11th ouster of President Hugo Chávez.

This Act established a transitional government, while dissolving the National Assembly of Venezuela and Supreme Court; it also suspended the Attorney General, General Comptroller, governors and mayors elected under the Chávez administration.[1][2]

Contents

[edit] Background

Main article: Venezuelan coup attempt of 2002

On April 11, 2002, anti-Chávez and pro-Chávez demonstrators clashed at the Miraflores palace. President Hugo Chávez commandeered the airwaves, and asked protesters to go home, played pre-recorded speeches[citation needed], and attempted to stop media coverage of the violence. According to BBC News, a sector of the Armed Forces asked for the resignation of President Hugo Chávez, whom they held responsible for a massacre during the demonstrations.[1] Commander of the Army, Lucas Rincón Romero, reported in a nationwide broadcast that Chávez had resigned his presidency,[1] a charge Chávez would later deny. Chávez was taken to a military base while Fedecámaras president Pedro Carmona was installed as interim president.[1]

[edit] Clauses

Within the Act, the basis for the formation of a transitional government is delineated, citing the Constitution of Venezuela. The Act principally cites Article 350 of the Constitution, which says the People of Venezuela shall disown any regime, legislation or authority that violates democratic values, principles and guarantees or encroaches upon human rights.[3] It also cites violations by the Chávez administration of Articles 43, 57, 58, 68, 136, 141, 145, 204, 211, 254, 270, 273, 279, 294, 295 and 328 of the Constitution, and it refreences the Democratic Charter of the Organization of American States and Chávez's resignation the day before.

Remembering the date of April 11, 2002 with profound indignation and national mourning, it accuses the government of Chávez of:[3]

  • Attacking, repressing, and assassinating innocent peaceful demonstrators.
  • Compromising democratic principles, particularly representative democracy.
  • Human and property rights violations.
  • Flagrant violation of separation and independence of powers.
  • Corruption.
  • Misuse of the armed forces.
  • Promoting a climate of social violence.
  • Unacceptable isolationist foreign policy, aiding Colombian guerrillas.
  • Eliminating autonomy of the electoral process.
  • Enacting an enabling act without consulting the electorate.
  • Promoting violence via Bolivarian Circles.
  • Disrespecting institutions necessary for peaceful democratic coexistence.

[edit] Articles

The Act declares the formation of a democratic and national unity transition government, according to the following articles:[3]

Article I Designated Pedro Carmona Estanga President of Venezuela in charge of the Executive Branch.

Article II Re-established the country's name as República de Venezuela.

Article III Suspended the National Assembly, with new elections to be held no later than December 2002.

Article IV Created a 35 member advisory council to guide the interim president.

Article V Named the President of Venezuela to coordinate the interim period.

Article VI Established that Presidential elections would occur in no later than 365 days, and the interim President may not be a candidate.

Article VII The President of Venezuela and Cabinet will select the interim public officials at the national, state and local level.

Article VIII Reorganized public offices to recuperate autonomy and independence, removing officials illegitimately named to their posts as members of the Supreme Court, Attorney General, Comptroller General, and members of the electoral board (CNE). These positions would be filled as soon as possible with consultation of the Ministers and Advisory Council.

Article IX Suspended 49 decrees from the Ley Habilitante (Enabling Act), that did everything from giving properties held out of production for more than two years by big plantation owners to the landless poor, to doubling the royalty funds that big oil companies pay to Venezuela for oil.

Article X Upheld all other laws both internal and international, as long as they do not disagree with the present Act.

Article XI All members of the transition government will abandon their posts once their newly elected counterparts take charge.

[edit] Aftermath

According to the BBC, some analysts say The Act went outside the constitutional framework and was the catalyst that allowed the Armed Forces to justify abandoning the newly formed government,[1] returning Chávez to power on April 13.

After Chávez was re-instated as President, controversy regarding those that signed The Act remained. "Ladies and Gentlemen, in order for this movement for all of democratic society to go forward, at the exit of this auditorium we ask that you sign the decree as adherence to this process."[4]

According to El Nacional, among almost 400 signatures is the signature of María Corina Machado, a pro-democracy advocate and co-founder of Súmate.[5] She denies signing the decree itself, but rather a signature roll. Another notable signee is current Zulia Governor and presidential candidate, Manuel Rosales, who says his participation was an honest mistake rather than a pre-planned coup like Chávez's.[6]

Referring to the Carmona decree, Venezuelan historian and politician Jorge Olavarría said, "what these fellows brought, and may people who hear pardon me but these things have to be said with the crudeness of the situation, what these fellows brought me [the Carmona decree draft] is a piece of shit, yes totally, if this is going to happen, you have to do these things well, but this was a big mess up, technically and politically ..."[7]

[edit] Notes

  1. ^ a b c d e BBC news. (BBC Venezuela investiga el "Carmonazo". Retrieved 13 June 2006. (Spanish)
  2. ^ BBC news. (BBC 13 April 2002) Interim Venezuelan president sworn in Retrieved 31 Aug 2006
  3. ^ a b c Venezuela Analitica (Analitica 2002). Acta de constitución del Gobierno de Transición Democrática y Unidad Nacional Retrieved 24 Jul 2006 (Spanish)
  4. ^ Venezuela Analitica (Analitica 2002). Acta de constitución del Gobierno de Transición Democrática y Unidad Nacional Retrieved 24 Jul 2006 (Spanish) "Señoras y señores, a los fines de seguir adelante con este movimiento de toda la sociedad democrática nacional, a la salida de este recinto se les convoca a firmar el decreto que se acaba de leer como adhesión a este proceso."
  5. ^ El Nacional(Archivos). Lista de Firmantes del Decreto Carmona Accessed 24 July 2006. (Spanish)
  6. ^ Globovision (Globovision31 Aug 2006) A juicio de Manuel Rosales, la democracia venezolana "está enferma" Retrieved 31 Aug 2006
  7. ^ National Assembly (May 31, 2002). Investiga los hechos ocurridos los dias 11,12,13 Y 14 de Abril de 2002 (Spanish) "... esto que han traído estos muchachos y me perdonarán las personas que me escuchan, pero las cosas hay que decirlas con la crudeza del caso, esto que me trajeron estos muchachos es una mierda, sí totalmente, si esto va a pasar hay que hacerle las cosas bien hechas, porque eso fue un disparate mayúsculo, técnico o político... "

[edit] External links

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