CHAVEZ OUTFLANKS CONSTITUTION

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 001231 SIPDIS HQSOUTHCOM ALSO FOR POLAD E.O. 12958: DECL: 08/27/2017 TAGS: MCAP PGOV PREL VE SUBJECT: CHAVEZ OUTFLANKS CONSTITUTION REF: A. CARACAS 1090 ¶B. 07 CARACAS 1635 ¶C. CARACAS 0931 ¶D. CARACAS 0810 CARACAS 00001231 001.2 OF 002 Classified By: Political Counselor Francisco Fernandez for Reason 1.4(b) and (d). ¶1. (C) Summary. The Organic Law of the Bolivarian National Armed Forces (LOFAB) was among the 26 decrees enacted into law by President Hugo Chavez on July 31 the last day of his special powers to rule by presidential fiat under the Enabling Law. In addition to resurrecting defeated constitutional amendments to rename the individual service components to include "Bolivarian" in their title and create a National Bolivarian Militia, Chavez has embedded tools giving him direct operational control over military, as well as promotions and assignments. Additionally, the law uses the National Bolivarian Militia to revive elements of the much reviled intelligence "snitch law" and mandates the militia to support the Chavista community councils. Critics immediately denounced Chavez for his eleventh-hour decree and accused him of subverting the results of the 2007 constitutional referendum. End Summary. OLD REJECTED IDEAS -------------- ¶2. (SBU) The Organic Law of the Bolivarian National Armed Forces (LOFAB) was among the 26 decrees enacted into law (Ref A) on July 31 by President Hugo Chavez. Originally drafted in 2005 and amended in 2007, elements of the unratified LOFAB were included in the defeated constitutional reform (Ref B) of December 2007. The elimination of the "professional and apolitical" military institution for a "revolutionary, anti-imperialist and Bolivarian" appears to have been resuscitated using the enabling law. Opposition politicians and editors accused Chavez of ignoring the will of the people and smuggling in constitutional changes by night. Although Chavez retorts that the law was debated, the national printing office had no copies of the current LOFAB decree available until August 5. ¶3. (SBU) The National Armed Forces (FAN) are now the Bolivarian Armed Forces (FAB),and contrary to referendum results, the National Reserve was merged with the territorial militia is now the National Bolivarian Militia. The Air Force is now Bolivarian Military Aviation and the Navy dropped the Spanish term "Armada Venezolana" for the Cuban styled "Marina de Guerra Bolivariana." The Army and National Guard were also given the adjective "Bolivarian." Chavez announced the new names and described the new force as "anti-imperialist and socialist" on the August 3 "Alo Presidente" program, adding that that he was "not just changing the name, but changing the structure" of the FAB. MORE PRESIDENTIAL CONTROL -------------- ¶4. (C) Retired VADM Mario Ivan Carratu Molina (Protect),a vocal critic, predicted to PolOff on August 1 that Chavez would continue to consolidate his control by reducing the Defense Minister's role to an administrative one and assuring himself of direct operational control over the regular and militia forces. His fears were proven correct when Articles 6 and 7 of the new LOFAB were published giving the President operational oversight of the entire armed forces and allowing direct operational control of any military unit at the direction of the president. Article 43 designates the "million man" Bolivarian National Militia as directly under the President. The Defense Minister, historically the operational intermediary between the President and the military was reduced to the "maximum administrative organ" by Article 11. Curiously, Article 80 designates military personnel regardless of rank or command structures subordinate to "the official appointed in command." Rocio San Miguel of the defense NGO Citizen's Control (Protect) sees this article as a tool for Chavez to appoint politically reliable followers, regardless of rank or experience, in command of any military unit. A POLITICIZED MILITIA -------------- ¶5. (C) Article 43 creates a Bolivarian National Militia CARACAS 00001231 002.2 OF 002 (BNM) made of the military reserve and the territorial militia "to compliment the Bolivarian Armed Forces in the comprehensive defense of the nation." The proposal to create a militia was voted down in the December 2007 constitutional reform and Article 328 of the current constitution does not list a militia as one of the four service components. Even more troubling, the BNM is tasked in assisting the Chavista Community Councils in forming Comprehensive Defense Committees, which would likely be similar to the Cuban Revolutionary Defense Committees. Paragraphs 12 and 13 of Article 46 which instruct the BNM to work with all persons, entities and organizations of the public and private sector towards the goal of the comprehensive defense of the nation, to include the "collection, evaluation and dissemination of information." (Note: These are the three basic steps of intelligence. End Note.) This brings back broad elements of the unpopular intelligence or "snitch law" of May 2008 that Chavez was forced to repeal (Ref. D ) following widespread objections. ¶6. (C) Comment: The creation of the Bolivarian National Militia is a clear use of the Enabling Law to produce what the constitutional referendum could not. Chavez is using the LOFAB to further politicize and purge the FAB. He is also likely to extend his reach to the civilian population via the Comprehensive Defense Committees and Community Councils. End Comment. DUDDY