CHAVEZ' CONSTITUTIONAL CHANGES: STRATEGIC

C O N F I D E N T I A L SECTION 01 OF 03 CARACAS 001727

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HQSOUTHCOM ALSO FOR POLAD
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E.O. 12958: DECL: 08/29/2017
TAGS: PGOV PHUM KDEM VE
SUBJECT: CHAVEZ' CONSTITUTIONAL CHANGES: STRATEGIC
DELETIONS AND NEW PRESIDENTIAL POWERS

REF: CARACAS 001635

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Classified By: POLITICAL COUNSELOR ROBERT DOWNES,
REASON 1.4 (D)


1. (C) Summary. Local constitutional experts are focusing
public attention on the fact that the language President
Chavez proposes to delete from the 1999 Constitution is as
problematic as the new language he proposes to insert.
Chavez' constitutional changes would remove language that
promotes municipal autonomy, government accountability and
transparency, the political neutrality of the armed forces,
and the legal protection of private property. In addition,
local media and NGOs are highlighting the additional powers
Chavez would obtain through his constitutional revision.
Historians are also drawing a parallel between Chavez'
constitutional package and former Venezuelan strong men who
used similar processes to become "constitutional despots."
While Venezuelan opinion-makers are building a strong case
that Chavez' constitutional changes are anti-democratic, they
also concede that most Venezuelans are still uninterested in
the constitutional debate, a situation that distinctly favors
Chavez' electoral machine. End Summary.

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First You See It, Now You Don't
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2. (SBU) Well-reasoned criticism of President Chavez'
proposals for sweeping constitutional change continues to
mount in the independent media, academia, and among NGOs.
Constitutional experts are increasingly focusing attention on
language the Venezuelan president intends to delete from the
1999 Constitution, not just the new language he plans to
insert (reftel). Chavez' current package of constitutional
changes would remove key language that promotes
accountability and transparency in government, protects the
armed forces from politicization, devolves power to
municipalities, and ensures the protection of private
property.


3. (SBU) Government Accountability: Chavez proposes to
transform Article 141 of the 1999 Constitution which states
that public administration is based on "the principles of
honesty, participation, speed, efficiency, transparency,
accountability, and responsibility in the performance of
public functions." Chavez' proposed new Article 141 simply
defines public administration as composed of traditional
public bureaucracies regulated by law and the Bolivarian
social missions subject to regulations established by the
Executive Branch. Constitutional experts stress that the
"gutting" of Article 141 would make it more difficult to hold
corrupt public officials accountable. They also note that
Chavez' social missions will now enjoy constitutional status
without having to become more transparent.


4. (SBU) Professional Armed Forces: The Venezuelan president
proposes to delete language from Article 328 that protects
the professional independence of the armed forces. The
existing Article 328 begins, "The National Armed Forces
constitute an essentially professional institution, without
political affiliation, organized by the state to guarantee
the independence and sovereignty of the nation..." Chavez'
proposed new Article 328 would replace that language with the
following, "The Bolivarian Armed Forces constitute an
essentially patriotic, popular, and anti-imperialist body,
organized by the state to guarantee the independence and
sovereignty of the nation..." Legal experts fear that the
proposed change will remove legal barriers to Chavez
politicizing the military.


5. (SBU) Local Government: Chavez continues to promote his
"New Geometry of Power" as giving more power to the people.
However, constitutional experts argue that Chavez' proposal
to transfer powers from autonomous municipalities to
community councils registered and funded by the presidency
will concentrate more power in Chavez' hands at the expense
of local governments. The existing Article 168 begins "The
municipalities constitute the primary political unit of the
national organization..." Chavez' proposed new article would
retain municipalities, but their role would diminish
considerably as a result of Chavez' proposed establishment of
the sub-municipal "commune" as the new primary political unit
in Venezuela.


6. (SBU) Private Property: Chavez emphatically claims that

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his changes to the constitution will not jeopardize private
property (reftel). Article 115 currently states that
"Property rights are guaranteed. All have the right to the
use, possession, enjoyment, and regulation of their
property." However, Chavez' proposed new Article 115, which
describes several forms of collective property before turning
to private property, would define private property simply as
goods for "use and consumption" and "legitimately acquired"
means of production. Constitutional experts believe this
change more narrowly defines private property, noting that
there are innumerable categories of private property (e.g.
art work) that are not strictly for use and consumption.
They also fear that the Chavez-packed court system could
interpret the "legitimately acquired" language to justify BRV
expropriations.

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All Power to the President
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7. (C) Civil society NGO "Hagamos Democracia" (partially
funded by USAID/OTI to carry out watchdog activities related
to constitutional reform) and the independent media are
publicizing the fact that Chavez' proposals to change Article
236 of the 1999 Constitution would give the Venezuelan
president more power, including new authority to:

-- coordinate relations between national public bodies;
-- name and remove vice-presidents;
-- create federal provinces, territories and cities; and,
-- promote military officials of all ranks.


8. (SBU) In addition, "Hagamos Democracia" notes that Chavez'
constitutional reforms would allow him to exercise more
powers exclusively, including the ability to:

-- manage the national treasury and monetary policy;
-- conclude contracts in the national interest;
-- formulate a national plan for development;
-- grant pardons; and,
-- convoke national referenda,

all without having to consult with his cabinet.

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Been There, Done That
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9. (SBU) Local historians and constitutional experts are also
highlighting Venezuela's long tradition of
constitution-writing and reforming. Venezuela has had 26
constitutions since declaring independence from Spain in

1811. Legal experts note that only five of the
constitutions, including the 1999 Constitution, represent
significant changes from the past. They stress that the
other constitutions merely represent reforms that
concentrated more power in the hands of the executive and
solidified "constitutional dictatorships." In addition, they
frequently draw a parallel between Chavez and Venezuela's
most notorious 20th century caudillo, Juan Vicente Gomez.
Gomez used the constitution reform process to dominate
Venezuelan government from 1908 until his death in 1935.


10. (C) Some of the participants in the Constituent Assembly
that drafted the 1999 Constitution tell us the Chavez'
proposed changes incorporate ideas that Chavez was originally
unable to get adopted. They note that Chavez at that time
sought a seven-year presidential term, broader authority to
reshape local governments, and more power to assert greater
state control over the economy, but did not then have
sufficient support to get these ideas codified. Chavez
himself boasts that now he is in a position to make these
changes. Constituent Assembly veterans tell us that they
would expect Chavez to also seek changes at some point to
constitutional clauses that enshrine Venezuela's treaty
obligations and commitment to international arbitration.

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Comment
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11. (C) Independent media outlets, legal experts, academics,
and NGOs are publicizing strong, well-reasoned warnings that
President Chavez' proposed constitutional changes concentrate
too much power in the executive and further undermine
democracy in Venezuela. What is less apparent is whether the

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majority of Venezuelans are listening. The opposition
remains divided on whether to participate in the
constitutional referendum slated for early December.
Would-be opinion-makers concede that most Venezuelans still
perceive the constitutional debate as "an argument for
lawyers" rather than the crossroads between what remains of
social democracy in Venezuela and Chavez' brand of
authoritarian socialism. Such an informational vacuum favors
the formidable Chavez electoral machine. It also makes it
easier for pro-Chavez legislators to make further
Chavez-approved changes. National Assembly (NA) President
Cilia Flores has already stated that the NA will have to
review all the articles of the Constitution, ostensibly to
make the revised document internally consistent.
Consequently, the opposition still has a lot of
attention-grabbing work to do to motivate Venezuelans to
oppose Chavez' constitutional changes.

DUDDY