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The Constitution of Venezuela, a quarter of a century later

The Constitution of Venezuela reaches its 25th anniversary this Sunday with a questioned compliance with its precepts and a country far from that described in the Magna Carta – approved in a popular referendum on December 15, 1999 -, of which Chavismo and the opposition mutually accuse each other.

The text, which obtained 71% of the votes in favor – in a day marked by a high abstention and a natural disaster that took the lives of thousands in the north of the country -, was prepared to “establish a democratic, participatory and leading society,” in a “State of justice” that “consolidates the values of freedom” and guarantees human rights.

A quarter of a century later, the refounded ‘Bolivarian Republic’ is experiencing one of its greatest political crises, unleashed after the July presidential elections and marked by protests, police operations, 28 deaths and 2,400 arrests -according to official figures-, complaints of human rights violations, uncertainty, diplomatic conflicts and alleged terrorist and magnicide plans.

Here are some of the most invoked constitutional articles in this context:

Art. 5: The sovereignty resides intransferable in the people.

The candidate of the largest opposition bloc – the Democratic Unitary Platform (PUD) -, Edmundo González Urrutia, cited this article in defense of his claimed victory in the elections, a process tarnished by the coalition’s denunciation of fraud and a broad international questioning of the proclaimed re-election of Nicolás Maduro, who also claims popular sovereignty that – he assures – supported him.

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Art. 68: Citizens have the right to demonstrate, peacefully and without weapons.

According to the Social Conflict Observatory (OVCS), there were 5,005 protests between January and November, of which – it indicates – 218 were suppressed. The hottest days were those after the elections, with demonstrations pointed out by the PUD as “spontaneous and legitimate expressions” and by the ruling party as “criminal guarimbas (violent revolts)” and “terrorists.”

Art. 49: Due process shall apply to all judicial and administrative proceedings.

Relatives of those who are considered “political prisoners”, activists and NGOs denounce violation of due process, impossibility of appointing lawyers and accessing files, incommunicado, early convictions, pressures to attribute to themselves facts that – they assure – they “did not commit”, transfers away from their places of residence without prior notice, mistreatment and lack of medical care, allegations that the Government denies and describes as false.

Art. 130: Venezuelans have the duty to honor and defend the homeland.

The Parliament – controlled by Chavismo – insisted this year on legislating against the “traitors to the homeland” based on article 130, and one of its most recent actions was to approve the ‘Organic Law Liberator Simón Bolívar’, which establishes penalties of 25 to 30 years in prison and fines of up to one million euros (1,050,400 dollars) for those who promote or are involved in foreign sanctions, as well as political disqualification of 60 years.

Art. 328: The Armed Forces constitute an essentially professional institution, without political militancy, (…) at the exclusive service of the nation and, in no case, to that of any person or political partiality.

The Bolivarian National Armed Forces (FANB), called “deeply Chavista” by Maduro, ratified its “absolute loyalty and subordination” to the head of state after the validation of its controversial victory by the Supreme Court, controlled by magistrates related to the ruling party, and after the PUD urged the military institution to “respect popular sovereignty.”

Art. 91: Every worker has the right to a sufficient salary that allows him to live with dignity and cover the basic needs for himself and his family.

The minimum wage – a reference for the rest of the remuneration in the public sector – has remained, since March 2022, at 130 bolivars, today about 2.5 dollars, when the basic food basket for a representative family of five people reached 539.79 dollars in October, according to independent estimates, an amount unattainable even with the additional bonuses of 130 dollars.

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International

Armed forces target illegal mines in Northern Ecuador with bombing raids

Ecuador’s Armed Forces carried out an operation on Monday — including airstrikes — against illegal mining in the town of Buenos Aires, in the country’s north, Defense Minister Gian Carlo Loffredo reported.

The mountainous, gold-rich area has been a hotspot for illegal mining since 2017, located in the Andean province of Imbabura.

In 2019, former president Lenín Moreno deployed around 2,400 soldiers to the region in an attempt to curb the illegal activity. “The operation began with mortar fire, followed by gunfire and bombing runs by Supertucano aircraft,” Loffredo said in a video released by the Defense Ministry.

He added that the operation would continue on Tuesday with patrols across the area to locate possible members of “irregular armed groups that may have crossed from the Colombian border.”

The Armed Forces stated on X that the intervention focused on the “complete elimination of multiple illegal mining tunnels” in the areas known as Mina Nueva and Mina Vieja.

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The operation coincided with the deployment of a military and police convoy into Imbabura, which has been the epicenter of protests against President Daniel Noboa since September 22, following his decision to scrap the diesel subsidy.

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International

Caracas shuts embassy in Oslo without explanation following Machado’s Nobel win

Venezuela has announced the closure of its embassy in Norway, just days after opposition leader María Corina Machado was awarded the Nobel Peace Prize. The Norwegian Ministry of Foreign Affairs said the Venezuelan diplomatic mission provided no explanation for its decision on Monday.

“It is regrettable,” a ministry spokesperson said. “Despite our differences on several issues, Norway wishes to keep the dialogue with Venezuela open and will continue to work in that direction.” The ministry also emphasized that the Nobel Committee operates entirely independently from the Norwegian government.

In its announcement, the Nobel Committee stated that Machado met the criteria established by Alfred Nobel, “embodying the hope for a different future, where the fundamental rights of Venezuelans are heard.”

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International

Sheinbaum: Urgent to restore access to towns cut off by heavy rains

Thousands of military personnel and civilians in Mexico worked tirelessly on Tuesday to clear roads blocked by the torrential rains of recent days, which have left more than 300 communities cut off across central and eastern regions of the country. Authorities also launched mass fumigation efforts in several affected areas to prevent the spread of dengue fever.

The official death toll remains at 64, though dozens of people are still missing. President Claudia Sheinbaumacknowledged that the government does not yet know the full situation in many of the isolated villages, which range in population from 500 to 1,000 inhabitants.

“The reopening of roads is one of the greatest urgencies,” Sheinbaum said. “It’s essential to guarantee air bridges, food supplies, clean water, and a proper census of the isolated communities so we can determine the condition of every person living there.”

Private construction companies are also assisting the effort with heavy machinery and technical support to help reopen highways and reconnect rural areas.

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