Venezuela’s Presidential Crisis and the Transition to Democracy
The Origin of the Presidential Crisis
Venezuela’s presidential crisis is caused by the absence of an elected president that can assume the presidency since January 10, 2019, the day that, according to the Venezuelan Constitution, a new presidential term began.
Articles 230 and 231 of Venezuela’s constitution establish that the presidential term begins on January 10 of each term (the inauguration day). That day, according to the constitution, the elected president must assume the presidency through an oath presented at the National Assembly (the Venezuelan Congress.
Nicolás Maduro is claiming that he is the elected president because the Venezuelan electoral authority (the National Electoral Council) proclaimed him as Venezuela’s president after the May 20 election.
However, that election was convened by the illegitimate national constituent assembly that does not have the authority to organize elections according to the constitution. In addition, that process was organized in violation of several political rights, basically, due to the unconstitutional ban declared on the main political parties and leaders. Also, the May 20 election violated the principle of transparency during all the electoral cycle. Finally, Maduro´s regime used the complex humanitarian emergency as a political tool to exercise coercion over the voters.
This is why the National Assembly declared such elections as non-existent. Also, more than 50 countries decided not to recognize that election.
As a result, Nicolás Maduro cannot be recognized as the legitimately elected president in Venezuela, as was declared by the Lima Group in a statement dated January 4, 2019. Because of this, he is usurping the presidency of Venezuela, as a non-elected president in charge of the office.
Juan Guaidó as Interim President
Maduro cannot be recognized as an elected president. Hence, it is necessary to determine who temporary can assume the presidency as interim or acting president.
The Venezuelan Constitution does not regulate what to do when a non-elected president is exercising the presidency after the inauguration day. The most similar situation is regulated in article 233 of the constitution. Pursuant to that article, if the elected president cannot assume the presidency on inauguration day, the president of the National Assembly must assume the presidency as interim president until a new election is called.
However, there are two obstacles to the implementation of that article. First, because the rule of law was dismantled, it is not possible to enforce the decisions of the interim president. Second, the presidency is currently being exercised by a usurper, Nicolás Maduro.
To solve those problems, the National Assembly approved a statement on January 15. According to that statement, Juan Guaidó, as the National Assembly’s president, is entitled to assume the presidency as interim president. In addition, due to the dismantled rule of law and the usurpation of the presidency, the National Assembly must adopt all the decisions aimed to restore the rule of law, assure the enforcement of the interim president’s decisions, and restore the electoral condition in order to organize free and transparent elections.
For that purpose, the statement also announced the intention to grant amnesty and other benefits to the public officials who decide to collaborate in the Venezuelan transition, including drafting legislation to create a transitional justice system. This could create the proper incentives to breakdown the duty of obedience, particularly from the military.
This statement is based on articles 333 and 350 of the Venezuelan Constitution that regulated the transitional process that must be followed if the rule of law has been dismantled by a de facto government, as is happing with Nicolás Maduro.
As a result, currently Juan Guaidó, as the National Assembly’s president, has the authority to assume the presidency. In order to ensure the enforcement of that decision, the National Assembly will adopt the legislation required to restore the legitimate exercise of the presidency, as the National Assembly declared in several statements approved on January 22 that appointed a new representative of Venezuela before the Organization of American States.
Precisely, on January 23, Juan Guaidó ratified his intention to comply with Article 233 of the constitution, when he swore in as interim president during a civil demonstration. Some media outlets have claimed that Guaidó proclaimed himself as president; however, that’s an inaccurate statement. Article 233 of the constitution grants Guaidó the title of interim president since January 10. Without any formality, Guaidó is the interim president since that day, even though he cannot assume the post effectively because Maduro is usurping the presidency.
Because of this, Juan Guaidó isn’t the self-declared president of Venezuela. He is the interim president under the authority of Article 233 of the constitution, as the National Assembly’s president. It is the constitution—not himself—that declared Guaidó as interim president of Venezuela. ...