Venezuelan Constitution of 1999

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The "Bolivarian" Constitution of Venezuela of 1999 refers to the freedom fighter Simon Bolivar ; it was drawn up under the government of Hugo Chávez by the constituent assembly, taking into account proposals from citizens' assemblies . It was passed in a referendum in December 1999 with 86 percent and was the first constitution in Venezuela to be valid by referendum.

overview

Venezuela's form of government is a form of presidential democracy (that is, the directly elected president is also the nominal head of state and head of the executive) with strong direct democratic elements, a complicated separation of powers between five powers, and numerous elections at various levels. Venezuela's new constitution prohibits the privatization of the oil industry and the social security systems, decrees free public education and measures to reactivate unused large estates, but also respects private property, including private ownership of the means of production . In the so-called “Bolivarian” constitution, the separation of powers is expanded through direct democratic participation options: Both the MPs and the President (six-year term of office) can be voted out of office by referendum from the middle of their term of office (Art. 72). The president is head of state and head of government .

Separation of powers

Compared to the classic, tripartite separation of powers, the Bolivarian constitution contains two further powers, civil power (Poder Ciudadano) and electoral power (Poder Electoral). The idea of ​​civil violence is based on the Scandinavian model of an ombudsman . Its task is to control the public administration with regard to the fight against corruption and compliance with powers. The electoral authority is responsible for compliance with and regulation of the electoral laws and the handling of all processes relating to elections and referendums, i. H. Organization, implementation and control of the same.

houses of Parliament

The parliament is the National Assembly (Asamblea Nacional) as a unicameral system with a five-year legislative period . She has nominally 165  10 / 11 seats, 3 each of which the 23 states, the Federal District and special representatives of the indigenous population accounts. The remaining 90  10 / 11 seats are distributed according to population of the states and the Federal District (automatic Sainte-Laguë method with divisor 1.1% of the total population), the result depending on the rounding of term for term different actual total seat numbers.

Administrative structure

Main article: States of Venezuela

The administrative structure of the country is divided into 23 states. There is a capital district. Most of the sparsely populated islands, the so-called Dependencias Federales, are administered by the capital district.

Constitutional Laws

The following are important points relating to civil rights, politics, economics and social issues:

Civil rights

politics

  • Abolition of the bicameral parliament in favor of the national assembly.
  • Presidential rights: The president is head of the army and foreign minister at the same time . The President can appoint and dismiss ministers . The president can declare a state of emergency .
  • Councils:
    • Electoral Council (Consejo Nacional Electoral CNE) monitors elections, e.g. B. the 2004 referendum.
    • Moral Council (Consejo Moral Republicano): Monitoring the public administration against corruption and abuse of power.
    • Federal Government Council (Consejo Federal de Gobierno) made up of Vice President, Ministers, Governors of the states , one mayor from each state and representatives of the Bolivarian Movement. Advises on issues of national development and financial equalization .
  • Foreign policy: independence from the USA and cooperation with the other Latin American states and the countries of the Caribbean.

Economy

Social

  • Right to free education and health care.
  • Prohibition of privatization of healthcare , education and social security .
  • Housework and work in the informal sector entitle the holder to social security benefits.
  • Exemption from court fees

Laws Implementing the Constitution 1999–2007

politics

1999: Introduction of a 5% bank transaction tax and introduction of a value added tax . Competences are withdrawn from parliament. In 2000, Parliament empowers the President to pass laws without Parliament's consent. Increase in minimum wages and progressive taxation. Establishment of a development bank to support cooperatives and retail trade. At the same time, the private banks are obliged to also grant loans for these matters. Microfinance Law for Poor Microcredit: Bank of Women, Bank of the People and General Fund for Microfinance.

2004: The expansion of the Supreme Court (also the Constitutional Court ) from 20 to 32 people results in a majority of judges close to the government. 2004 Decree on gold mining: In addition to local gold prospectors, multinational corporations from Canada and the USA receive licenses. Local prospectors are legalized and cooperatives receive up to $ 50,000 from the state to purchase conveyor belts for prospecting.

Economy

Land reform : Land lying fallow as well as land ownership beyond a certain size depending on the quality of the land (details on this vary) can be expropriated and distributed for compensation. The oil belongs to everyone, it must not be privatized and the profits must be used to develop the country. The fishing law stipulates that industrial fishing is only allowed from 6 miles offshore and thus protects small-scale fishermen from trawlers. In 2001 a law was passed for the oil sector, according to which the tax is levied on the production volume instead of on the profit as before. This regulation applies to new contracts to be concluded. The tax is 20-30% depending on the type of oil. New foreign capital investments in the oil sector are only possible as joint ventures with a minimum participation of the state oil company PdVSA of 51%.

Social

Education programs for school- age children and adults are enshrined in law as misiones : Mision Robinson, Mision Ribas, Mision Sucre. A state program for medical care for the poor is anchored in law as barrio adentro . Indigenous languages ​​are legally allowed in schools. Housework is socially protected by law.

The failed constitutional reform of 2007

On August 15, 2007, Hugo Chavez presented 33 points of constitutional reform to the Asamblea Nacional, which was primarily intended to enable further re-election. It was adopted by the National Assembly on November 2, 2007 with a large majority, but was rejected by 50.7% of those entitled to vote in the referendum on December 3, 2007.

In addition to expanding the president's power and removing restrictions on his re-election, the draft envisaged the replacement of the bicameral parliament by a national assembly. The new constitution should anchor the break with the previous political system and neoliberal economic policy. It was drawn up with the participation of numerous social movements and non-governmental organizations (NGOs). The draft constitution contained numerous welfare state demands such as the obligation of the state to build up a public health system free of charge that may not be privatized (Articles 84 and 85), the obligation of the state to develop a social security system based on solidarity (Article 86), extended employee rights (Art 87-97), free public schooling (Art. 106) and a state obligation to finance public radio and television as well as libraries and IT centers (Art. 108). Privatization of the state oil resources should also be prohibited and the core area of ​​the oil company PDVSA should be state-owned (Art. 303).

literature

  • Constitution of the Bolivarian Republic of Venezuela, published by the Embassy of the Bolivarian Republic of Venezuela in the Federal Republic of Germany and the Venezuela Network, Essen 2005, ISBN 3910080596 .
  • Andreas Timmermann: Simón Bolívar (1783-1830) and the 1999 constitution of the "Bolivarian Republic of Venezuela": a constitutional inventory . In: Constitution and law overseas (VRÜ) . 38th vol., 2005, pp. 78-104.
  • Ivo Hernández: The Constitutions of Venezuela: Progress and Setbacks . In: Friedrich Welsch, Nikolaus Werz, Andreas Boeckh (eds.): Venezuela Today: Politics, Economy, Culture . Vervuert Verlagsgesellschaft, 2011, ISBN 978-3-86527-489-2 , p. 143-148 .

Web links

Wikisource: Constitutional text in English and Spanish  - sources and full texts