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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

Claudia Sheinbaum: Operation Against ‘El Mencho’ Was Based on Pending Arrest Warrants

Mexico’s President Claudia Sheinbaum on Wednesday rejected claims that the military operation that resulted in the death of Nemesio Oseguera Cervantes, known as “El Mencho,” leader of the Jalisco New Generation Cartel (CJNG), was carried out under pressure from the United States government.

Sheinbaum explained that the deployment of federal forces was aimed at executing outstanding arrest warrants against Oseguera Cervantes, who was considered one of the most wanted criminals in both Mexico and the United States.

“That was not the objective (to ease pressure from the United States). It is very important, and I want to repeat it. This individual had an arrest warrant, or several,” Sheinbaum said, referring to the operation conducted on February 22.

According to the president, the initial goal was to capture Oseguera Cervantes, but military forces responded after coming under attack during the intervention.

“The operation was to detain him. The problem is that they were attacked — the Secretariat of National Defense — and they responded at that moment,” she said.

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The president insisted that the action was not carried out in response to external demands, although she acknowledged intelligence cooperation with the United States.

“It was not done in any way because of pressure from the United States, not at all. Of course, there was intelligence information from the United States that was used specifically,” she concluded.

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International

Spain Denies Any Agreement to Cooperate with U.S. Military in Iran Operations

Spain’s Foreign Minister José Manuel Albares on Wednesday firmly denied that Madrid has agreed to cooperate with the U.S. military in operations against Iran, contradicting statements made minutes earlier by White House Press Secretary Karoline Leavitt.

“I categorically deny it,” Albares said in a radio interview cited by EFE. “The position of the Spanish government regarding the war in the Middle East, the bombings in Iran, and the use of our bases has not changed by a single comma.”

Earlier in the day, Leavitt told reporters that Spain had “agreed to cooperate with the United States military in recent hours,” following President Donald Trump’s threat to impose a trade embargo on Madrid. Trump had warned of economic measures after Spain reportedly refused to allow the Pentagon to use facilities at Spanish bases for operations related to Iran.

“I have no idea what that could be referring to or where it could be coming from,” Albares said, insisting that Spain’s position “has not changed at all” and therefore “remains absolutely unchanged.” He added that he had “no desire” and “almost no time” to speculate about the White House spokesperson’s remarks.

Albares reiterated Spain’s “No to war” stance, which he said had been clearly and forcefully expressed by Prime Minister Pedro Sánchez in an institutional address. According to the foreign minister, that position has been supported by “many European colleagues.”

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White House Says Spain Agrees to Cooperate with U.S. Military After Trump Threatens Trade Embargo

White House Press Secretary Karoline Leavitt said Wednesday that Spain has agreed “in recent hours” to cooperate with the U.S. military, following President Donald Trump’s threat to impose a trade embargo on Madrid.

Trump had warned of potential commercial measures after Spain reportedly refused to allow the Pentagon to use facilities at Spanish military bases for operations related to Iran.

“With respect to Spain, I think you heard the president’s message yesterday loud and clear, and I understand that in recent hours they have agreed to cooperate with the United States military,” Leavitt said during a press briefing.

She added that the U.S. military is currently coordinating with its counterparts in Spain. However, the president expects broader support.

“The president expects that all of Europe, all of our European allies, of course, will cooperate in this important mission — not only for the United States, but also for Europe,” Leavitt said.

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Her remarks came in response to questions about Spain’s position and its role as a U.S. ally amid rising tensions surrounding operations involving Iran.

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