2017 Constituent National Assembly

The Constituent National Assembly (Spanish: Asamblea Nacional Constituyente; ANC) was a constituent assembly elected in 2017 to draft a new constitution for Venezuela. Its members were elected in a special 2017 election that was condemned by over forty mostly Latin American and Western states.[4][5][6][7][8] The Democratic Unity Roundtable—the opposition to the incumbent ruling party—also boycotted the election claiming that the Constituent Assembly was "a trick to keep [the incumbent ruling party] in power."[9] Since the opposition did not participate in the election, the incumbent Great Patriotic Pole, dominated by the United Socialist Party of Venezuela, won almost all seats in the assembly by default.[10][11][12]

Constituent National Assembly

Asamblea Nacional Constituyente
Type
HousesConstituent assembly
History
Founded4 August 2017 (2017-08-04)
Disbanded31 December 2020 (2020-12-31)
Preceded by1999 Constituent Assembly
Leadership
President
Diosdado Cabello, PSUV
since 19 June 2018
First Vice President
Tania Díaz, PSUV
since 5 January 2018
Second Vice President
Gladys Requena, PSUV
since 23 October 2018
Secretary
Fidel Vásquez, PSUV
since 4 August 2017
Undersecretary
Carolys Pérez, PSUV
since 4 August 2017
Structure
Seats545
Political groups
  Great Patriotic Pole (503)[1][2]
  Vacancies (42)[3]
Length of term
2 years, extendable (expires 31 December 2020)
Elections
List and nominal vote by municipal and sectoral
Last election
30 July 2017
Motto
Power of the People
(Poder del Pueblo)
Constituent of the Sovereign People
(Constituyente del Pueblo Soberano)
Meeting place
Palacio Federal Legislativo, Caracas

After the assembly was elected, the body convened for the first time on 4 August 2017, despite criticism from the aforementioned parties and from the regional trade bloc Mercosur.[5][6][7][8][13] As part of it first acts, the assembly elected former Foreign Minister and Minister of Communication Delcy Rodríguez as its president, though she was appointed Vice President of Venezuela on 14 June 2018, leaving the position vacant. Former Vice Presidents of the Republic Aristobulo Isturiz and Isaías Rodríguez as its vice-presidents.[14]

On 8 August 2017, the Constituent Assembly declared itself to be the government branch with supreme power in Venezuela, banning the opposition-led National Assembly from performing actions that would interfere with the assembly while continuing to pass measures in "support and solidarity" with President Maduro.[15] On 18 August 2017, the Constituent Assembly gave itself the power to pass legislation and override the National Assembly on issues concerning "preservation of peace, security, sovereignty, the socio-economic and financial system"[16] and then stripped the National Assembly of its legislative powers the following day.[17] The opposition-led National Assembly responded, stating it would not recognize the Constituent Assembly.[18]

As of May 2019, the Constituent Assembly mandate was expected to expire on 31 December 2020.[19] On 15 December 2020, President of the Assembly Diosdado Cabello set a dissolution date for three days later on 18 December, arguing that the assembly had met all of its objectives except for that of creating a new Constitution.[20] On 18 December 2020, Maduro declared that the Constituent Assembly would close at the end of the year.[21]

Members
Main article: Members of the 2017 National Constituent Assembly of Venezuela
Nicolás Maduro Guerra, son of President Nicolás Maduro, beside Carmen Meléndez during a session

Presidential Commission
Member Party Previous position in Bolivarian Government
Elías Jaua PSUV Minister of Education
Diosdado Cabello PSUV Former President of the National Assembly (2012–16) and current deputy
Adán Chávez PSUV Minister of Culture
Isaías Rodríguez PSUV Venezuelan Ambassador to Italy
Aristóbulo Istúriz PSUV Minister of Communes and Social Movements
Hermann Escarrá PSUV Government Advisor and Constitutionalist Advocate
Earle Herrera PSUV National Assembly deputy
Iris Varela PSUV Minister of Venezuelan Penitentiary Service
Noelí Pocaterra PSUV Secretary of Indigenous Peoples and Communities of Zulia
Cilia Flores PSUV National Assembly deputy, First Lady of Venezuela
Delcy Rodríguez PSUV Minister of Foreign Affairs (2015–17)
Francisco Ameliach PSUV Governor of Carabobo (2012–17)

Others

Other members include:

Presidents
N.º President Party Term First Vice President Second Vice President
1 Delcy Rodríguez

Movement We Are Venezuela

 4 August 2017 – 14 June 2018 Elvis Amoroso (2017)
Aristóbulo Istúriz (2017–18)
Tania Díaz (2018–present)		 Isaías Rodríguez (2017)
Elvis Amoroso (2017–18)
2 Diosdado Cabello

United Socialist Party of Venezuela

 14 June 2018 – present Tania Díaz (2018–present) Gladys Requena (2018–present)

Actions
The Constituent Assembly's first meeting in the Salon Eliptico of the Federal Legislative Palace.
Fidel Vasquez reading from a folder with Chávez eyes during a Constituent Assembly session.
Edificio La Francia, administrative seat of the Constituent Assembly.

Prior to assembling at the Federal Legislative Palace, members of the National Constituent Assembly carried large portraits of Hugo Chávez and Simón Bolívar, placing them in the palace to show support for the Bolivarian government.[24] Assembly President Delcy Rodríguez also declared that the new assembly would commence work on 5 August 2017.[14][13]

Removal of government opposition

The Assembly voted on its first day of work to remove the nation's Chief Prosecutor Luisa Ortega Díaz and named Tarek William Saab as her replacement.[25]

President Hugo Chávez told us that as long as imperialism existed, the Bolivarian Revolution would always be threatened, that is why we must achieve political hegemony, which is not a dictatorial hegemony, but to create awareness.

Aristobulo Isturiz, Vice President of ANC[26]

On 8 August 2017, the Constituent Assembly declared itself to be the government branch with supreme power in Venezuela, banning the opposition-led National Assembly from performing actions that would interfere with the assembly while continuing to pass measures in "support and solidarity" with President Maduro.[27]

Tarek William Saab, the Chief Prosecutor appointed by the Constituent Assembly, announced on 16 August 2017 that former Chief Prosecutor Luisa Ortega Díaz and her husband, German Ferrer, operated an extortion group and a day later, the Constituent Assembly ordered for their arrest with the couple fleeing to Colombia.[28] Ortega and Ferrer fled from Venezuela by speedboat to Aruba and flew into Colombia, with Ortega stating that the Bolivarian government would "deprive me of my life".[29]

On 18 August 2017, the Assembly gave itself the power to pass legislation and override the National Assembly on issues concerning "preservation of peace, security, sovereignty, the socio-economic and financial system"[16] and then stripped the National Assembly of its legislative powers the following day.[17] The opposition-led National Assembly responded, stating it would not recognize the Constituent Assembly.[18]

In an Al Jazeera interview with President of the Constituent Assembly Delcy Rodriguez, Rodriguez stated "I denied and continue denying that Venezuela has a humanitarian crisis", saying that it would justify international intervention in Venezuela. She also described statements by Venezuelans calling for international assistance as "treasonous".[30]

On 11 October 2017, days before the Venezuela's regional elections, President Maduro stated that governors elected will only remain in power if they are subordinate to the ANC, telling voters that "everyone who votes ... recognizes the power of the Constituent National Assembly, because it is what convenes and organizes (the election)".[31]

Truth, Justice and Reparations Commission
Law against Hatred, approved unanimously on 8 November 2017.

President Maduro announced on 6 August that the Assembly had created a Truth, Justice and Reparations Commission to investigate the protests, with Delcy Rodríguez presiding over the commission.[32] The panel was set up on 16 August 2017. Rodríguez stated that opposition candidates of the October gubernatorial elections would be investigated to make sure they were not involved in violent protests.[33]

About 268 people had been arrested as political prisoners by the Maduro government by December 2017, according to a non-governmental organisation. Delcy Rodríguez, head of the commission investigating the protests, announced the release of 80 prisoners around the time of Christmas.[34]

2018 presidential elections

The Constituent Assembly barred three of the most influential opposition parties – Justice First, Democratic Action and Popular Will; from participating in the 2018 Presidential Elections. It ruled that the parties who boycotted local elections in December 2017, had lost legitimacy, requiring them to reapply for legal status and potentially barring them from the presidential elections.[35]

Stripping of Guaido's parliamentary immunity

The EU condemned the Constituent Assembly stripping of Juan Guaidó's parliamentary immunity, calling the action a "serious violation of the Venezuelan constitution, as well as of the rule of law and separation of power".[36]

Public opinion

A Hercon survey in August 2017 found that 78.7% of Venezuelans had a negative opinion of the ANC while 16.6% had positive thoughts about the assembly.[37] A November 2017 poll by IVAD showed that the majority of Venezuelans did not recognize the Constituent National Assembly, with 61.4% of respondents agreeing with the phrase that the constitutional body was "illegal and illegitimate".[38]

Recognition
Map of countries who recognize ANC as of August 2017
  Venezuela   Approve   Disapprove   Neutral

Over 40 countries stated that they would not recognize the National Constituent Assembly.[4] The European Union[39] and the Holy See[40][41] have also not recognized the legitimacy of the assembly. Following the establishment of the ANC, Argentina,[42] Colombia,[43] France,[44] Peru,[45] and the United States[46] have characterized the Bolivarian Government of Venezuela as a dictatorship.

President Nicolás Maduro's allies – such as Bolivia, Cuba, China, El Salvador, Nicaragua, Russia and Syria[47] – discouraged foreign intervention in Venezuelan politics and congratulated the president and recognized the results of the election.[48]

See also

References
  1. Delcas, Marie (5 August 2017). "Au Venezuela, l'opposition dénonce 'l'installation d'une dictature'" [In Venezuela, the opposition denounces "the installation of a dictatorship"]. Le Monde (in French). Retrieved 5 August 2017.
  2. "Resultados Electoral Constituyente 2017". National Electoral Council of Venezuela. Archived from the original on 19 August 2017. Retrieved 19 August 2017.
  3. "ANC perdió al menos 40 de sus constituyentes" [ANC lost at least 40 of its members]. Aporrea.org (in Spanish). Retrieved 15 March 2018.
  4. "La lista de los 40 países democráticos que hasta el momento desconocieron la Asamblea Constituyente de Venezuela" [The list of the 40 democratic countries that until now were ignored by the Constituent Assembly of Venezuela]. Infobae (in Spanish). 31 July 2017. Retrieved 1 August 2017.
  5. "Venezuela: New assembly leader warns 'justice will come'". 4 August 2017. Retrieved 19 August 2017.
  6. "As Venezuela unrest spreads, Maduro presses on with plans to rewrite charter". Reuters. 24 May 2017. Retrieved 24 May 2017.
  7. "Venezuelan gov't proposes constitutional assembly election on July 30". EFE. 4 June 2017. Retrieved 6 June 2017.
  8. "40 countries protest Venezuela's new assembly amid fraud accusations". Retrieved 4 August 2017.
  9. "Venezuela opposition boycotts meeting on Maduro assembly, clashes rage". Reuters. 8 April 2017. Retrieved 7 August 2017.
  10. Mogollon, Mery; Kraul, Chris (29 July 2017). "As Venezuelan election nears, more upheaval and cries of fraud". Los Angeles Times. Retrieved 30 July 2017.
  11. "What are Venezuelans voting for and why is it so divisive?". BBC News. 30 July 2017. Retrieved 30 July 2017.
  12. Bronstein, Hugh. "Venezuelan opposition promises new tactics after Sunday's vote". Reuters India. Retrieved 30 July 2017.
  13. "Venezuela ushers in new pro-government chamber as opposition struggles to regroup". The Washington Post. 4 August 2017. Retrieved 4 August 2017.
  14. "The Latest: Venezuela's Maduro lauds security forces". The Sacramento Bee. Associated Press. 4 August 2017. Archived from the original on 4 August 2017. Retrieved 4 August 2017.
  15. Goodman, Joshua; Sanchez, Fabiola (8 August 2017). "New Venezuela assembly declares itself superior government branch". Chicago Tribune. Associated Press. Retrieved 9 August 2017.
  16. Bronstein, Hugh; Symmes Cobb, Julia (18 August 2017). "Venezuela faces outrage after new assembly takes legislative power". Reuters.
  17. Graham-Harrison, Emma; López, Virginia (19 August 2017). "President Maduro strips Venezuela's parliament of power". The Guardian.
  18. "Asamblea Nacional reitera que no acatará sentencia de la Constituyente cubana" [National Assembly reiterates that it will not comply with the ruling of the Cuban Assembly]. La Patilla (in Spanish). 19 August 2017. Retrieved 19 August 2017.
  19. "Venezuelan constituent extends its operation until the end of 2020". La Vanguardia (in Spanish). 21 May 2019. Retrieved 21 May 2019.
  20. "Cabello says the ANC fulfilled its task and will be dissolved on 18 Dec". Diario Panorama (in Spanish). 15 December 2020. Retrieved 21 December 2020.
  21. "Venezuela's Maduro to shut all-powerful legislative assembly". Deutsche Welle. 19 December 2020. Retrieved 21 December 2020.
  22. "Venezuela opens disputed new constituent assembly". BBC News. 4 August 2017. Retrieved 4 August 2017.
  23. "Earle Herrera renunció a su cargo como presidente de una comisión de la ANC". Tal Cual Digital. 4 September 2017. Retrieved 5 September 2017.
  24. "¡La guerra de los retratos! Regresan fotos de Chávez a la Asamblea Nacional #4Ago". La Patilla (in Spanish). 4 August 2017. Retrieved 4 August 2017.
  25. "Venezuela constitutional assembly fires chief prosecutor". Deutsche Welle. 5 August 2017.
  26. "Istúriz: Hay que lograr la hegemonía política para vencer al imperialism" [Istúriz: Political hegemony must be achieved to defeat imperialism]. Globovisión (in Spanish). 22 August 2017. Retrieved 23 August 2017.
  27. Goodman, Joshua; Sanchez, Fabiola (8 August 2017). "New Venezuela assembly declares itself superior government branch". Chicago Tribune. Associated Press. Retrieved 9 August 2017.
  28. "Luisa Ortega 'fearing for her life' flees to Colombia". Al Jazeera. 19 August 2017. Retrieved 20 August 2017.
  29. "Deposed Venezuelan prosecutor Luisa Ortega flees country in dramatic speedboat journey". The Daily Telegraph. 19 August 2017. Retrieved 20 August 2017.
  30. "Delcy Rodriguez: No humanitarian crisis in Venezuela". Al Jazeera. 9 September 2017. Retrieved 10 September 2017.
  31. "Maduro vocifera que constituyente cubana decidió que ningún gobernador ejercerá 'si no se subordina'" [Maduro states that the Cuban Assembly has decided that no governor will exercise 'if he does not subordinate himself']. La Patilla (in Spanish). 11 October 2017. Retrieved 12 October 2017.
  32. "Venezuela sets up truth commission to probe protests". Indo-Asian News Service.
  33. "Venezuela 'Truth Commission' to Investigate Opposition". Reuters.
  34. "Venezuela frees first of 80 political prisoners in show of good will". France24.
  35. "Venezuela presidential election: Nicolas Maduro's government blocks opposition candidates from competing". The Independent.
  36. "EU condemns Venezuelan efforts to prosecute Guaido: statement". 4 April 2019. Retrieved 5 April 2019.
  37. "2 Estudio Nacional Teléfonico Inducido Hercon a2017" [2 Hercon Induced National Telephone Study a2017] (in Spanish). Hercon. Retrieved 4 September 2017 – via Scribd.
  38. "Venebarometro Diciembre 2017" [Venebarometer December 2017] (in Spanish). Retrieved 16 December 2017 – via Scribd.
  39. "Países de la Unión Europea no reconocen la Constituyente y piden suspender su instalación". La Patilla (in Spanish). 2 August 2017. Retrieved 2 August 2017.
  40. "Vaticano pide suspender la Constituyente por hipotecar el futuro y fomentar clima de tensión". La Patilla (in Spanish). 4 August 2017. Retrieved 4 August 2017.
  41. "Vatican urges Venezuela's Maduro to suspend new legislative superbody". Reuters. 4 August 2017. Retrieved 4 August 2017.
  42. "Macri dice que Nicolás Maduro es "obviamente" un dictador - CNN Video". CNN. 10 August 2017. Retrieved 6 September 2017.
  43. Clarke, Rachel (5 September 2017). "Colombian President: Venezuela a 'dictatorship,' but US military action is a bad idea". CNN. Retrieved 6 September 2017.
  44. "El presidente francés califica de dictadura el régimen de Maduro". La Patilla (in Spanish). 29 August 2017. Retrieved 30 August 2017.
  45. "PPK: Gobierno de Venezuela se ha transformado en una dictadura" [PPK: Government of Venezuela has been transformed into a dictatorship] (in Spanish). CNN. 18 August 2017. Retrieved 6 September 2017.
  46. "Treasury Sanctions the President of Venezuela". United States Department of the Treasury. 31 July 2017. Retrieved 1 August 2017.
  47. "Syria congratulates Venezuela on successful election of the Constituent Assembly". sana.sy. Syrian Arab News Agency. Retrieved 1 August 2017.
  48. "Venezuela: Where is the condemnation?". 4 July 2017. Archived from the original on 31 July 2017. Retrieved 31 July 2017.
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