2017 Venezuelan Constituent Assembly election

Last updated
2017 Venezuelan Constituent Assembly election
Flag of Venezuela.svg
←  1999 30 July 2017
Turnout41.53% (official)
~20% (independent estimates) [1]
 Majority party
  Delcy Rodriguez June 2016 (27571633682) (cropped).jpg
Candidate Delcy Rodriguez
Party PSUV
Alliance GPP
Seats won538
Seat changeIncrease2.svg 538
Elected President of the Constituent Assembly

Delcy Rodríguez
PSUV/MSV

Constituent Assembly elections were held in Venezuela on 30 July 2017 to elect the members of the 2017 Constituent National Assembly (Spanish : Asamblea Nacional Constituyente; ANC). [2] Unlike the 1999 Constituent National Assembly, which was assembled following a referendum, the 2017 election was convened by the presidential decree of President Nicolás Maduro. [3] [4] Smartmatic, the Venezuelan-owned company which provided the voting machines, stated that the results were tampered with by the CNE, and that the turnout was off by at least one million votes. [5]

Contents

Approximately two-thirds (364) of Assembly members were elected by municipal citizens while members of seven social sectors — including trade unions, communal councils, indigenous groups, farmers, students, and pensioners — elected the remaining one-third (181) of members. [6] [7] The opposition's boycott of the election meant that most candidates of the Constituent Assembly were supporters of the government. [7] [8]

The decision to hold the election was criticised by members of the international community. Over 40 countries [9] [10] along with supranational bodies, such as the European Union, [11] Mercosur [12] and the Organization of American States, [13] condemned and failed to recognize the election, stating it would only further escalate tensions. Nicolás Maduro's allies — such as Bolivia, Cuba, Ecuador, Nicaragua, Russia, and Syria [14] — discouraged foreign interference in Venezuelan politics and congratulated Maduro. [15]

Background

Following the death of former President Hugo Chávez, citizens suffered under a socioeconomic crisis under his successor, Nicolás Maduro, as rampant crime, hyperinflation and shortages diminished their quality of life. [16] [17] [18] [19] [20] [21] As a result of the ensuing crisis, political tensions culminated into a series of protests that occurred since 2014. [22] As a result of discontent with the Bolivarian government, for the first time since 1999, the opposition was elected to hold the majority in the National Assembly following the 2015 parliamentary election. [23]

2017 Venezuelan constitutional crisis

Following the 2015 National Assembly election, the lame duck National Assembly (consisting of Bolivarian officials) filled the Supreme Tribunal of Justice (TSJ) with allies. [23] [24] The TSJ quickly stripped three opposition lawmakers of their seats in early 2016, citing alleged "irregularities" in elections, preventing an opposition supermajority in the National Assembly which would have been able to challenge President Maduro. [23] The TSJ court then began to approve of multiple actions performed by Maduro and granted him more powers. [23] In July 2016, the opposition walked out of Vatican-mediated dialogue between the Bolivarian government and the opposition, due to lack of progress towards releasing political prisoners or allowing a recall election; the opposition stated "We'll only sit down with the government again once they meet what was agreed on." [25]

The Supreme Tribunal of Justice (TSJ) meeting on 28 March 2017. Supreme Tribunal of Justice March 2017.png
The Supreme Tribunal of Justice (TSJ) meeting on 28 March 2017.

In October 2016, a recall referendum against President Maduro was cancelled by the National Electoral Council (CNE). [26] The following days after the recall movement was cancelled, 1.2 million Venezuelans protested throughout the country against the move and demanded President Maduro to leave office. Protests in Caracas remained relatively calm while protests in other states resulted in clashes between demonstrators and authorities, leaving one policeman dead, 120 injured and 147 arrested. [27] That day, the opposition gave President Maduro a deadline of November 4, 2016 to hold elections, with opposition leader Henrique Capriles stating, "today we are giving a deadline to the government. I tell the coward who is in Miraflores ... that on November 3, the Venezuelan people are coming to Caracas because we are going to Miraflores". [27] Days later, on November 1, 2016, then National Assembly President and opposition leader, Henry Ramos Allup, announced the cancellation of November 3 march to the Miraflores presidential palace, with Vatican-led dialogue between the opposition and the government beginning. [28] By December 7, 2016, dialogue halted between the two parties. [29] Two months later on January 13, 2017, the Vatican declined to send a scheduled envoy for Vatican-mediated dialogue, a decision attributed to Maduro's failure to honor previous commitments made during the previous Vatican-mediated dialogues between the government and opposition. [30]

Since 2016 the TSJ had held the National Assembly to be in contempt of court for swearing in the three stripped legislators. On March 29, 2017, in a surprising move, the TSJ declared it was taking over the legislative powers of Assembly for "as long as the contempt situation persists". [31] [32] The Tribunal, mainly supporters of President Nicolás Maduro, [33] also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition. [23] The dissolution was termed as a "coup" by the opposition [34] while the Organization of American States (OAS) termed the action as a "self-coup". [35] The decision was condemned by some media outlets with analysts characterizing the move as a turn towards authoritarianism and one-man rule. [36]

On April 1, 2017, the TSJ reversed its decision, thereby reinstating the powers of the National Assembly. [37] Public dissatisfaction with the decision persisted however, with the strengthening of the protests that year "into the most combative since a wave of unrest in 2014" resulting from the crisis. [38]

2017 Venezuelan protests

Millions of Venezuelans protesting during the Mother of All Marches Mother of All Marches - Caracas.jpg
Millions of Venezuelans protesting during the Mother of All Marches

Following the reversal of the rulings by the TSJ, the National Assembly prepared proceeding against the court and accused the court of not being separated from the executive, though Reuters noted that "the move by the opposition-led congress would only be symbolic because it remains powerless". [39] Following the criticism of the TSJ's ruling by Attorney General Ortega, calls for her to be involved in a "Republican Moral Council, made up of the Prosecutor's Office, the Office of the Comptroller and the Office of the Ombudsman" to remove members of the TSJ were made. [40] During protests on 4 April, opposition leaders announced that they would pursue the removal of the seven judges who signed the rulings against the National Assembly. [41]

On 7 April, Ombudsman Tarek William Saab announced that Attorney General Ortega's vote would not be counted in a Republican Moral Council decision on TSJ judges, stating that he and Comptroller Manuel Galindo would not participate in proceedings against the TSJ. [42]

Protests continued on for a month into May 2017, claiming 29 lives before President Maduro made a constitutional proposal. As of June 16, 2017 there have been 90 people killed in protests, most of whom were students. [6] [43]

Process

Proposal

Today, on May 1, I announce that I will use my presidential privileges as constitutional head of state in accordance with article 347, to convene the original constituent power so that the working class and the people can call a National Constituent Assembly.

President Nicolás Maduro [44]

On 1 May 2017 following a month of protests that resulted in at least 29 dead, President Maduro called for a constituent assembly that would draft a new constitution that would replace the 1999 Venezuela Constitution of his predecessor, Hugo Chávez. [6] He invoked Article 347, and stated that his call for a new constitution was necessary to counter the actions of the opposition. Many countries consider that the election may be a bid by Maduro to stay in power indefinitely. [45]

Approval

On 22 May, the Republican Moral Council – which the opposition hoped would establish proceedings against TSJ judges – shared their approval of the National Constituent Assembly despite the absence of Attorney General Ortega, who had criticized the move, with Ombudsman Tarek William Saab stating that "The call to the National Constituent Assembly is a constitutional exit to the political situation that the country is living, in order to foster dialogue and coexistence of the country". [46]

Votes or bullets, what do the people want?

— President Nicolás Maduro, following the CNE's approval [2]

The following day, the head of the National Electoral Council (CNE), [47] Tibisay Lucena, officially approved President Maduro's proposal for a Constituent Assembly shortly after TSJ judges began to speak out against the proposal, announcing that the internal elections would be held in late-July on an unspecified date, paving a way to replace Hugo Chávez's 1999 constitution. Maduro later explained that the National Constituent Assembly would be composed of 545 members – 364 of which would be chosen by municipal governments and 181 drawn from workers groups (79), retirees (28), communal council members (24), students (24), peasantry (8), fishermen (8), the disabled (5) and businessmen (5). [48]

The opposition has criticized the selection of representatives by municipal governments because municipal elections had been delayed until after constituents were chosen for the assembly [49] [50] – with each vote being a "secret vote". [2]

Stages

According to the Venezuelan Electoral Observatory, the CNE ignored in their electoral schedule 14 auditions, several stages of the process and ignored 70 of 100 mandatory previous activities of any election contemplated in the Organic Law of Electoral Processes (Lopre in Spanish). [51]

Campaigning

Mural promoting the Constituent Assembly. Constituyente Si Va.jpg
Mural promoting the Constituent Assembly.

At the rally, President Maduro criticized the governments of the United States, Mexico and Colombia and alleged that they attempted to intervene in Venezuela. [52] President Maduro also ordered the opposition to participate in dialogue, stating "I propose that they abandon the insurrectional path and sit down to dialogue in the next few hours", warning his opponents that if they did not quickly participate, he would force dialogue through "constitutional law". [53]

Conduct

President Nicolas Maduro casting the first vote. 2017 Constituent Assembly of Venezuela - Maduro.png
President Nicolás Maduro casting the first vote.

If there are 15,000 workers, all 15,000 workers must vote without any excuses ... Company by company, ministry by ministry, governorship by governorship, city hall by city hall, we're all going to vote for the Constituent Assembly.

Nicolás Maduro [54]

In the days leading to the election, workers of state-owned companies were warned that their jobs would be terminated the following day if they did not vote in the election. [55] Furthermore, each worker was required to take another 10 voters to the elections, which would be tracked by the authorities. [56] Management workers of state-run entities were threatened with being fired as well if they or their employees refused to vote. Many public workers remained conflicted due to the threat of being fired, knowing that their job benefits from the government would be cut and that their identity could be revealed in a similar manner to the Tascón List incident during the Venezuelan recall referendum in 2004. [57] More than 90% of the workers did not obey the Bolivarian government's call to participate, which led to massive firings following the elections. [56]

The day before the election, some military vehicles carrying election materials were attacked and their contents were destroyed. Other voting areas were also destroyed to prevent voting. [58] A candidate was killed the night before the election. [59]

On the morning of 30 July, President Maduro was the first to vote in the election. [60] While scanning his Card of the Homeland during a public demonstration to show that the card could be scanned to see if an individual had already voted, a cell phone scanning his card read "The person does not exist or the card was canceled". [60] Citizens of Caracas awoke to streets filled with barricades and various areas of protesters calling for democracy, with authorities responding to the demonstrations with force, firing tear gas at those gathered. [61]

Protesters being repressed by authorities during election protests

By midday, Tibisay Lucena, the head of the CNE electoral body stated that "99% and more of the Venezuelan population is voting all over the country" and that Caracas had remained "calm", [62] though media outlets observing polling areas at the time stated that turnout had been low. [63] At about the same time, a bomb was detonated near a motorcycle convoy of the Bolivarian National Police, injuring seven officers. [61] [64]

A bomb being detonated near Bolivarian National Police

A leaked audio of Víctor Julio González, mayor of Santa Lucía in the Miranda state, said that he was worried that most of the polling stations were empty and the proposed participation had not been reached, asking for more voters to be mobilized. [65] A leaked audio of Edison Alvarado, president of the Caracas Metro's worker union, voiced similar concerns, saying that according to the registry, only 300 workers voted and that he was "ashamed" to report such figure. [66] Despite the empty streets and polling areas, the Bolivarian government extended voting hours, stating that there had still been large lines of voters still attempting to participate. [64]

Following the CNE's approval of the results, President Maduro immediately stated that a commission would be created "to act ex officio and to lift the parliamentary immunity of those who have to lift it", and criticized the National Assembly, Attorney General Ortega, the media and President of the United States, Donald Trump, stating "What the fuck do we care about what Trump says". [67] By the end of the day, at least 10 people are killed in violent incidents during the election. [68] Maduro vowed to pursue the opposition "with the virtually unlimited powers of a constituent assembly", vowing that opposition officials would be jailed, the opposition-led National Assembly elected in 2015 would be dissolved and that the Public Ministry of Venezuela headed by Attorney General Luisa Ortega Díaz, who broke ranks from Maduro's government, would be restructured. [58]

Public opinion

Graphical summary
The red line represents percentage that say "No" to a Constituent Assembly. The green line represents percentage that say "Yes" to a Constituent Assembly. Dots are individual results of the polls seen below. 2017 Venezuelan Constitutional Assembly election opinion polls.png
The red line represents percentage that say "No" to a Constituent Assembly.The green line represents percentage that say "Yes" to a Constituent Assembly. Dots are individual results of the polls seen below.

An 8 May poll found that 73% of Venezuelans disagreed with Maduro's Constituent Assembly, with 79% believing that they live in some form of dictatorship (49% believe absolute dictatorship, 30% believe it is a mix of a dictatorship and democracy). [69] According to a May 2017 poll by More Consulting, 68.8% of the Venezuelans reject the proposal, and 72.9% (with more than 20% who consider themselves chavistas) consider the government a dictatorship. [70] A poll taken by Hercon between 10–25 May 2017 found that 78.1% wanted Maduro out of office in 2017, 79.9% did not agree with the Constituent Assembly, 73.3% believed the CNE favored the ruling party (PSUV) and 75.5% thought that President Maduro started the Constituent Assembly proposal to establish a government similar to Cuba's. [71]

Date(s)
conducted		Polling organizationSample sizeYesNoUndecidedLead
8–19 July Datanalisis 50020.4%72.7%3.8%52.3%
7–12 July Datanalisis 50027.0%66.5%4.6%41.8%
6–11 July Hercon 1,20013.1%82.1%4.7%69.0%
30 June Pronóstico 8006.6%93.3%-86.7%
22 June Datanalisis [72] 1,00028.6%65.4%3.2%36.8%
7–20 June Consultores 21 2,00012%88%N/A76%
14 June Meganálisis –12.8%80.4%6.7%67.6%
10 June Ceca 1,57919%81%-62%
7–9 June Pronóstico 80014%86%-72%
29 May–4 June Datanalisis [72] 32028.5%64.3%2.9%35.8%
10–25 May Hercon 1,20012.3%79.9%7.7%67.6%
10–17 May UCV 1,2009%86%5%77%
8 May Datincorp 1,19921%73%5%52%
5 May MORE Consulting 1,00025.5%68.8%5%43.3%
May Datanalisis -31.0%60.5%2.9%29.5%

Results

The first official announcement of preliminary results came when Tibisay Lucena, president of the National Electoral Council, announced that 8,089,230 persons voted, with a 41.53% turnout. [73]

In the early afternoon of the voting day before the official announcement, Julio Borges, the president of the opposition-controlled National Assembly declared that no more than two million people voted in the process, stating that the CNE would later officially claim that about 8.5 million voted. [74]

Smartmatic, the Venezuelan-owned company which provided the voting machines, stated that the results were tampered with by the CNE. The company said that the turnout was off by at least one million votes. [5] Internal CNE documents obtained by Reuters revealed that only 3,720,465 votes had been cast by 5.30 p.m., though voting was extended to 7 p.m. and some centers are thought to have stayed open longer. [75] Tibisay Lucena, president of the CNE, said that such allegations had been instructed from the United States. [76] Information Minister Ernesto Villegas announced that the Constituent Assembly would further investigate the allegations. [76] However, according to the Reuters report, both Chief Prosecutor Luisa Ortega Díaz and Luis Rondon, one of the CNE's five directors, spoke out against the results. "I'm absolutely sure that those numbers are not correct," said Ortega. "For the first time since I took up this commitment to the country, I cannot guarantee the consistency or veracity of the results offered," said Rondon.

Independent analysts voiced that the turnout was lower than what the CNE stated – somewhere between 11.3% and 21.0% – with Ratio-Ucab estimating that there were 2.2 million participants, [1] Delphos estimating 3.1 million voters, [1] and Torino Capital estimating 3,111,807 to 4,086,309 voters, settling at 3.6 million voters. [1] [77]

The 2017 Constituent Assembly of Venezuela was officially sworn in on 4 August 2017. [78]

Analysis

Journalists

Andrés Oppenheimer considers that the proposal would allow Maduro to abolish all the democratic institutions in Venezuela, in a similar process to the 1976 Constitution of Cuba. [79]

Mariana Zuñiga and Nick Miroff stated in The Washington Post : [80]

When your house is burning and smack in the path of a Category 5 hurricane, it's probably not the best time to tear down the frame and jackhammer the foundation. But those are the home improvement plans of President Nicolás Maduro, who is moving forward with a provocative attempt to rewrite Venezuela's constitution despite the country's descent into political and economic catastrophe.

Officials

Danilo Antonio Mojica Monsalvo, the magistrate of the Social Cassation Chamber of the TSJ, announced his disagreement with President Maduro's Constituent Assembly on 23 May 2017, stating that without a popular referendum voting on the assembly, the move would be "spurious ... a legal metaphor to describe what is done outside the Constitution". [81] Another TSJ judge, Marisela Godoy, spoke out against Maduro's proposal the same day, stating "At this moment I support, without any fear, the attorney general (Luisa Ortega Díaz), who is not any official" and that if she were to be criticized by the government, she "does not care". [82]

Gerardo Blyde  [ es ], mayor of Baruta municipality, pointed out that, although the article 347 does authorize the proposal by President Maduro, it should have been ratified by a public referendum. [83]

Reactions

Map of countries who recognize ANC .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Venezuela Approve Disapprove Neutral 2017 Constituent Assembly of Venezuela recognition map.svg
Map of countries who recognize ANC
  Venezuela   Approve   Disapprove   Neutral

Supranational bodies

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  30. ↑ "Latin American Herald Tribune - After Venezuela Government Fails to Honor Commitments, Vatican Pulls Out of Dialogue It Sponsored". Latin American Herald Tribune . 19 January 2017. Archived from the original on 25 February 2021. Retrieved 20 January 2017.
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  34. ↑ Jonatham Watts; Alicia Hernández. "Venezuela opposition allege coup as supreme court seizes power". The Guardian. London.
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  42. ↑ "De frente: Ortega Díaz votó contra Saab y Galindo en investigación de siete magistrados del TSJ | El Cooperante". El Cooperante (in European Spanish). 7 April 2017. Retrieved 9 April 2017.
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  44. ↑ I don't want civil war, says Maduro IOL, 3 May 2017
  45. 1 2 Silvio Cascione (August 5, 2017). "Mercosur suspends Venezuela, urges immediate transition". Reuters. Retrieved August 6, 2017.
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  49. ↑ Cawthorne, Andrew (19 October 2016). "Venezuela delays state elections to 2017, opposition angry". Reuters. Retrieved 19 October 2016.
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  53. ↑ "Maduro le propone dialogar, obligatoriamente, a la oposición a 72 horas de la constituyente cubana". La Patilla (in European Spanish). 27 July 2017. Retrieved 2 August 2017.
  54. 1 2 Ulmer, Alexandra; Aponte, Andreina (7 July 2017). "Venezuela's Maduro orders state workers to vote for assembly". Reuters. Retrieved 30 July 2017.
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  56. 1 2 Marcelo Cantelmi (August 4, 2017). "Venezuela: cacería de empleados públicos que se negaron a votar para la Constituyente" [Venezuela: Witch hunt of public employees that refused to vote for the Constituent assembly] (in Spanish). Clarín. Retrieved August 1, 2017.
  57. ↑ "Phone calls, dismissal threats: Venezuela pressures state workers to vote". Reuters. 29 July 2017. Retrieved 29 July 2017.
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  60. 1 2 "Maduro hace el ridículo hasta en su golpe: "La persona no existe o el carnet fue anulado"". Libertad Digital (in European Spanish). 30 July 2017. Retrieved 4 May 2020.
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  74. ↑ "Borges sobre Constituyente: No llegan ni siquiera al 7% del padrón electoral". La Patilla (in European Spanish). 30 July 2017. Retrieved 2 August 2017.
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    The Washington Post
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  85. ↑ "Mercosur suspends Venezuela for "rupture of the democratic order"". brazil.gov.br. 6 August 2017.
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  87. ↑ "Mauricio Macri: "Vamos a retirarle a Nicolás Maduro la Orden del General San Martín, por la violación sistemática de su gobierno a los derechos humanos"" [Mauricio Macri: "We will remove the San Martin order from Maduro, for the systematic human rights violations of his government"]. La Nación (in Spanish). August 3, 2017. Retrieved August 1, 2017.
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  97. ↑ http://www.havanatimes.org/?p=126497
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  101. ↑ "Vaticano pide suspender la Constituyente por hipotecar el futuro y fomentar clima de tensión". La Patilla (in European Spanish). 4 August 2017. Retrieved 4 August 2017.
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  102. ↑ Maruyama, Norio (15 September 2017). "The Situation in the Bolivarian Republic of Venezuela (Statement by Foreign Press Secretary Norio Maruyama)". Ministry of Foreign Affairs of Japan (in Japanese). Retrieved 15 September 2017.
  103. ↑ Zavala, Misael (30 July 2017). "Este material cuenta con derechos de propiedad intelectual. De no existir previa autorización por escrito de EL UNIVERSAL, Compañía Periodística Nacional S. A. de C. V., queda expresamente prohibida la publicación, retransmisión, distribución, venta, edición y cualquier otro uso de los contenidos (Incluyendo, pero no limitado a, contenido, texto, fotografías, audios, videos y logotipos). Si desea hacer uso de este contenido por favor comuníquese a la Agencia de Noticias de El Universal, al 57091313 extensión 2425. Muchas gracias". [El Universal . Retrieved 31 July 2017.
  104. ↑ "Canciller de Noruega se pronunció sobre situación en Venezuela". El Nacional (in Spanish). 29 July 2017. Retrieved 30 July 2017.
  105. ↑ "Venezolanos y varios Gobiernos rechazan en todo el mundo la Constituyente". El Siglo (in Spanish). 30 July 2017. Retrieved 31 July 2017.
  106. ↑ "El Perú no reconocerá resultados de Asamblea Constituyente en Venezuela". El Comercio (in Spanish). 30 July 2017. Retrieved 31 July 2017.
  107. ↑ "Portugal não reconhece Assembleia Constituinte da Venezuela". Público (in Portuguese). 2 August 2017. Retrieved 3 August 2017.
  108. ↑ "Comment by the Information and Press Department on the situation in Venezuela". www.mid.ru. Retrieved 2017-08-01.
  109. ↑ "España no reconocerá la Asamblea Constituyente y condena actos de violencia en Venezuela (comunicado)". La Patilla (in European Spanish). 30 July 2017. Retrieved 31 July 2017.
  110. ↑ "Statement of the Federal Department of Foreign Affairs on the establishment of a constituent assembly in Venezuela". Federal Department of Foreign Affairs. 29 July 2017. Retrieved 30 July 2017.
  111. ↑ "Statement of the Ministry of Foreign Affairs of Ukraine on the situation in Venezuela with regard to election for the National Constituent Assembly". Ministry of Foreign Affairs of Ukraine. 31 July 2017.
  112. ↑ web (27 July 2017). "Reino Unido pidió al gobierno suspender la asamblea nacional constituyente". El Nacional (in Spanish). Retrieved 30 July 2017.
  113. ↑ "Defending Democracy in Venezuela". United States Department of State . 30 July 2017. Retrieved 31 July 2017.
  114. ↑ "Treasury Sanctions the President of Venezuela". www.treasury.gov. United States Department of the Treasury. 31 July 2017. Retrieved 1 August 2017.
  115. ↑ "Why We Oppose Maduro's Constituent Assembly". Human Rights Watch . 26 July 2017. Retrieved 29 July 2017.
  116. ↑ Congileo, Deanna (1 August 2017). "The Carter Center Expresses Concern about Recent Events in Venezuela". Carter Center . Retrieved 3 August 2017.
  117. ↑ "Internacional Socialista: Gobierno en Venezuela profundiza quiebre con la democracia e incrementa represión y violencia". La Patilla (in European Spanish). 1 August 2017. Retrieved 2 August 2017.
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