This blog was created by a group of bloggers to explain to the outside world why the Venezuelan constitutional reform is dangerous for Venezuelan democracy.

Sep 16, 2007

Original and modified text of constitutional amendments

Herein you will find English translations of both the original text of the articles in the Bolivarian Constitution of 1999 and the text of the proposed amendments to those articles. Translations have either been done or provided by the authors of each post.

Article 11 (Mousqueton)

Original text: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the aforementioned; the continental, insular and maritime air space and the resources located within the aforementioned spaces, including genetic resources, migratory species, derived products and any intangible components that may be present within the aforementioned spaces because of natural causes. The insular space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, to such extent and subject to such conditions as may be determined by public international law and national law. The Republic has rights in outer space and in those areas which are or may be the Common Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public international agreements and by the national legislation.

Modified text: The full sovereignty of the Republic is exercised on the continental, and insular spaces, lake and river spaces, territorial sea, historic, vital and inland sea areas, and those lying within such straight baselines as have been adopted or may come to be adopted by the Republic; seabed and under the seabed of the aforementioned; the continental, insular and maritime air space and the resources located within the aforementioned spaces, including genetic resources, migratory species, derived products and any intangible components that may be present within the aforementioned spaces because of natural causes. The insular space of the Republic includes the Archipelago of Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, islands of Margarita, Cubagua and Coche, Los Frailes, La Sola Island, Los Testigos Archipelago, Patos Island and Aves Island, as well as the islands, islets, keys and banks located or coming in the future to emerge from the territorial sea, that covering the continental shelf or that lying within the limits of the exclusive economic zone. As to the water spaces consisting of the contiguous maritime zone, the continental sheaf and the exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, to such extent and subject to such conditions as may be determined by public international law and national law. The Republic has rights in outer space and in those areas which are or may be the Common Property of Humanity, on such terms, to such extent and subject to such conditions as may be determined by public international agreements and by the national legislation. The President of the Republic may decree Special Military Regions for strategic and defense ends, anywhere in the territory and other geographical spaces of the Republic. He may as well decree Special Authorities in situations of contingency, natural disasters, etc.

Article 16 (Mousqueton)

Original text: For purposes of the political organization of the Republic, the territory of the nation is divided into those of the States, the Capital District, federal dependencies and federal territories. The territory is organized into Municipalities. The political division of the territory shall be regulated by an organic law which shall guarantee municipal autonomy and administrative/political decentralization. Such law may provide for the creation of federal territorial in certain areas within the States, the taking effect of which shall be subject to the holding of a referendum to approve the same in the organ concerned. By special law, a federal territory may be given the status of a State; being allocated part or all of the territorial area concerned.

Modified text: The national territory conforms to the political and territorial objectives and in accordance to the new geometry of power by, a Federal District that will be home to the capital of the Republic, the States, the Oceanic Regions, the Federal Territories, The Federal Municipalities and the Insular Districts. The relevance of the Federal Territories and Federal Municipalities will be subject to the outcome of an approval referendum to be carried through in the respective entity. The States are organized in Municipalities. The primary political unit in the national territory organization will be the city, understood as every population settlement inside a Municipality, and made up by areas or geographic extensions denominated “Communes”. The Communes will be the geo-human cells of the territory y will be made up of “Communities”, each of which will constitute the basic and indivisible spatial nucleus of the Venezuelan Socialist State, where common citizens will have the power to build their own geography and history. Based on the Communities and the Communes, the Popular Power will develop forms of political-territorial communal aggregations, which will be regulated in the Law and that would constitute forms of self government and any other expression of direct Democracy. The Communal City is formed when organized Communities, Communes and self communal governments are established in the totality of its perimeter; Their formation is subject to a popular referendum to be called by the President of the Republic in the Council of Ministers. The President of the Republic, in the Council of Ministers, after an agreement approved by a simple majority of Representatives of the National Assembly, will be able to create by decree, Federal Provinces, Federal Cities and Functional Districts, as well as any other entity allowed by the Law. The Functional Districts will be created to conform to the historic, socio-economic and cultural characteristics of the geographical space as well as based on the economic potentialities that, through them, become necessary to develop for the benefit of the country. The creation of a Functional District implies the preparation and activation of a District Mission with its respective Strategic and Functional Plan by the National Government with the participation of the inhabitants of such Functional District and in permanent consultation with such inhabitants. The Functional District could be conformed by one or more Municipalities or Territorial Lots on them, without regard to the State they belong to. The organization and functionality of the Federal City will be made according to what is established in the respective law and it implies the activation of a Local Mission with its respective strategic development. In the Federal Territory, the Federal Municipality and the Federal City, the national Power will designate the respective authorities for that maximum term indicated in the Lay and subject to revocable mandates. The Federal Provinces will form as units of aggregation and policy coordination on territorial, social and economic matters on the regional level, subject to the national strategic plans and the international strategic outlook of the Venezuelan State. The Federal Provinces will incorporate by aggregating either States or Municipalities, without undercutting the attributions that this Constitution grants them. The political-territorial organization of the Republic will be legislated by an Organic Law.

Article 18 (Mousqueton)

Original text: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The provisions of this article shall not prevent the exercise of National Power elsewhere in the Republic. A special law shall establish the territorial and political unit of the city of Caracas, incorporating into a two-tier system of municipal government the Municipalities of the Capital District and those of the State of Miranda. Such law shall provide for the organization, government, administration, competency as well as resources of the city, with a view to its harmonious overall development. In any case the law shall guarantee the democratic and participative character of its government.

Modified text: The city of Caracas is the capital of the Republic and the seat of the organs of National Power. The provisions of this article shall not prevent the said National Power from being exercise elsewhere in the Republic. The Venezuelan State will develop an integral policy to articulate a national system of cities, structuring logically and reasonably the relationship between the city and its associated territories and unifying and supporting the local and regional scales in the systematic vision of the country. For that purpose, the State will confront every speculative action in regard to the economic return of the land, the economic unbalances, the asymmetries in the provision of services and infrastructure as well as the conditions of accessibility, physical and economic, of each and everyone of the components of the national system of cities. Every citizen, without discrimination of gender, age, ethnicity, political and religious orientation or social condition, will enjoy and will be holders of the Right to the City, and that right should be understood as the equal benefit received by each one of the citizens as per the strategic role articulated by the city both at the regional urban context and the National System of Cities. A special law shall establish the territorial and political unit of the city of Caracas, which shall be called the “Crib of Bolivar” and “Queen of the Guaraira Repano.” The National Power, through the Executive Power and with the collaboration and participation of all the entities of the National, State and Municipal Public Power as well as the Popular Power, its Communities, Communes and Communal Councils and other social organizations, will take all necessary actions for the urban reorganization, road restructuring, recuperation of the environment, attainment of optimal personal and public security levels, integral reinforcement of the neighborhoods, urbanizations, health, education, sport, entertainment and cultural systems, total recuperation of their center and historical sites, construction of small and medium size Satellite Cities along their territorial axis of expansion and, in general, to accomplish the most humanizing sum possible in the “Crib of Bolivar” and “Queen of the Guaraira Repano. These dispositions will be applicable to the whole National System of Cities and their regional components.

Article 70 (Virginia)

Original text: Means of people’s participation and involvement in the exercise of their sovereignty, in political affairs, among others, are: the election of public officials, the referendum, the consultation of public opinion, mandate revocation, the legislative, constitutional and constituent initiatives, the open town council, and the citizens’ assembly, whose decisions shall be binding. Means of participation in social and economic affairs are: the citizens’ service bureaus, self-management, co-management, all forms of cooperatives, including those of financial nature, credit unions, community enterprises, and other forms of association guided by the values of mutual cooperation and solidarity. The law shall establish conditions for the effective functioning of the means of participation contemplated under the present article.
(text in blue has been removed in the reformed article)


Modified text: Means of people’s participation and involvement in the direct exercise of Their sovereignty, and FOR THE CONSTRUCTION OF SOCIALISM are: the election of public officials, the referendum, the consultation of public opinion, mandate revocation, the legislative, constitutional and constituent initiatives, the open town council, and the citizens’ assembly, THE DECISIONS OF THE LATTER BEING BINDING, THE COUNCILS OF POPULAR POWER (COMMUNAL COUNCILS, WORKERS COUNCILS, STUDENTS COUNCILS, FARMERS COUNCILS, AMONG OTHERS), THE WORKERS DEMOCRATIC MANAGEMENT OF ANY DIRECT OR INDIRECT SOCIAL PROPERTY ENTERPRISE, THE COMMUNAL self-management, FINANCIAL AND MICRO-FINANCIAL COMMUNAL ORGANIZATIONS, COMMUNAL PROPERTY COOPERATIVES, COMMUNAL credit unions, NETWORKS OF FREE ASSOCIATED PRODUCERS, VOLUNTARY WORK, community enterprises and other forms of association constituted to develop values of mutual cooperation and SOCIALIST solidarity. The law shall establish conditions for the effective functioning of the means of participation contemplated under the present article.
(sections in capital letters are new in the reformed article)

The section in parenthesis was modified by the National Assembly in the following way:

…/…THROUGH THE COMMUNAL COUNCILS, WORKERS COUNCILS, STUDENTS COUNCILS, FARMERS COUNCILS, ARTISAN COUNCILS, FISHERMEN COUNCILS, SPORTS COUNCILS, YOUTH COUNCILS, ELDERLY ADULTS COUNCILS, WOMEN COUNCILS, DISABLED PERSONS COUNCILS, AMONG OTHERS…/…

And the last paragraph will say: A NATIONAL LAW, instead of ‘The law”


Article 87 (AIO):

Original text: All persons have the right and duty to work. The State guarantees the adoption of the necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified and decorous living and guarantee him or her the full exercise of this right. It is an objective of the State to promote employment. Measures tending to guarantee the exercise of the labor rights of self-employed persons shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law. Every employer shall guarantee employees adequate safety, hygienic and environmental conditions on the job. The State shall adopt measures and create institutions such as to make it possible to control and promote these conditions.

Modified text: All persons of working age have the right and duty to work. The State will develop policies that generate productive work, and will adopt social measures necessary for each person to achieve an existence which is dignified, decorous and beneficial for themselves and for society. The State will guarantee that in all labor centers safety, hygienic and environmental, and social relations conditions are fulfilled in accordance with human dignity, and will create institutions such as to make it possible to control and promote these conditions. In the application of these principles of co-responsibility and solidarity, the employer will adopt all necessary measures for the fulfillment of these conditions. Work will be subject to the regime established in this Constitution and the laws of the Republic.

Article 90 ( Manuel T.)

Original text: Working hours shall not exceed eight hours per day or 44 hours per week. Where permitted by law, night work shall not exceed seven hours per day or 35 hours per week. No employer shall have the right to require employees to work overtime. An effort shall be made to reduce working hours progressively in the interest of society and in such sphere as may be determined, and appropriate provisions shall be adopted to make better use of free time for the benefit of the physical, spiritual and cultural development of workers. Workers are entitled to weekly time off and paid vacations on the same terms as for days actually worked.

Modified text: With the intention that workers have enough time for their integral development; day-shift work hours shall not exceed 6 hours per day and 36 hours per week, and night-shift work hours shall not exceed 6 hours per day and 34 hours per week. No employer shall force its employees to work overtime. Moreover, it (the subject in the Spanish version is tacit, so I’m guessing it refers to the employer as well) shall program and organize the mechanism for the better enjoyment of workers’ free time in benefit of their education, and human, physical, spiritual, ethical, cultural and technical development.
Workers shall have the right to a weekly rest and paid vacations in the same conditions as regular work shifts.


Article 98 (Kensey Amaya)

Original text: Cultural creation is free. This freedom includes the right to invest in, produce and disseminate the creative, scientific, technical and humanistic work, as well as legal protection of the author’s rights in his works. The State recognizes and protects intellectual property rights in scientific, literary and artistic works, inventions, innovations, trade names, patents, trademarks and slogans, in accordance with the conditions and exceptions established by law and the international treaties executed and ratified by the Republic in this field.

Modified text: Cultural creation is free. This freedom includes the right to cultural diversity pertaining to invention, production and dissemination for creative works, scientific, technological, and humanistic, including the legal protection and rights to the author for their work. The state recognizes the rights of all to participate in the cultural community, enjoy the arts, and participate in scientific technological progress, and enjoy their benefits.

Article 100 (Kensey Amaya)

Original text: The folk cultures comprising the national identity of Venezuela enjoy special attention, with recognition of and respect for inter cultural relations under the principle of equality of cultures. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.

Modified text: The Bolivarian Republic of Venezuela is a product of the mixing of various cultures; consequently the State recognizes and values the diversity of its Indigenous, European, and African roots that has created our great South American nation. The popular cultures, of Indigenous and African decent constituting the Venezuelan identity, enjoy special attention by recognizing and respecting its intercultural nature under the principle of cultural equality. Incentives and inducements shall be provided for by law for persons, institutions and communities which promote, support, develop or finance cultural plans, programs and activities within the country and Venezuelan culture abroad. The State guarantees cultural workers inclusion in the Social security system to provide them with a dignified life, recognizing the idiosyncrasies of cultural work, in accordance with law.

Article 115 (Pedro Bernardez)

Original text: The right to own property is guaranteed. Every person has a right to the use, enjoyment, and disposition of his/her goods. Property will be subject to the contributions, restrictions and obligations that the law establishes in the spirit of public use or general interest. It is only in the spirit of public use or general interest, through final judgment and quick payment of fair compensation, that any kinds of goods may be expropriated

Modified text: The different forms of property are recognized and guaranteed. Public property [“la propiedad pública”] is that which belongs to State entities; social property [“la propiedad social”] is that which belongs to the people in its entirety and to the future generations, and may be of two types: indirect social property, when it is exercised by the State in name of the community, and direct social property, when the State assigns it, under different forms and in outlined territories, to one or several communities, to one or several communes [“comunas”], constituting thusly communal property, or to one or several cities, constituting thusly cityward property; collective property [“la propiedad colectiva”] is that which belongs to social groups or persons, for their benefit, use or common enjoyment, of either social or private origin; mixed property [“la propiedad mixta”] is that constituted by the public sector, the social sector, the collective sector and the private sector, in differing combinations, for the utilization of resources or carrying out activities, always subject to the absolute respect of the Nation’s economic and social sovereignty; and private property [“la propiedad privada”] is that which belongs to natural or juristic persons and is recognized over user and consumer goods, and legitimately acquired means of production.
All property, [the comma there is part of the article and not my mistake] will be subject to the contributions, burdens, restrictions and obligations that the law establishes in the spirit of public use or general interest. In the name of public use or general interest, through final judgment and quick payment of fair compensation, the expropriation of any kind of good may be declared, without restricting the right of State officials, [the comma is also part of the article] of previously occupying, [as is this comma] during the judicial process, the goods being expropriated, within the parameters established by law.


Article 136 (Julia)

Original text: The Public Power is distributed between the Municipal Power, the State Power and the National Power. The National Public Power is divided in Legislative, Executive, Judicial, Citizen and Electoral. Each one of the branches of the Public Power has its own functions, but the organs on which its exercise pertains will collaborate with each other in accomplishing the aims of the State.

Modified text: The Public Power is distributed territorially in the following form: the popular power, the municipal power, the state power and the national power. Regarding the content of the functions that it exerts, the public power is organized in Legislative, Executive, Judicial, Citizen and Electoral. The people are the holder of the sovereignty and they exert it directly through the Popular Power. This one is not born of the suffrage nor of election, but it is born of the condition of organized human groups as a basis of the population. The Popular Power expresses constituting the communities, the communes and the self-government of the cities, through the communal councils, workers councils, the student councils, the farmer’s councils and other beings that the law indicates.

Article 141 (Feathers)

Original text: The Public Administration is at the service of the citizens and is based on the principles of honesty, participation, speed, effectiveness, efficiency, transparency, accountability and responsibility in the exercise of the public function, with total submission to the rule of law.

Modified text: The public administrations are the organizational structures destined to serve as instrument to the public powers, for the exercise of their functions, and for the services they provide. The categories of public administrations are: the bureaucratic or traditional public administrations, that are those that takes care of the structures predicted and regulated in this constitution and the laws; and “the misiones”, constituted by organizations of varied nature, created to take care of the satisfaction of the most felt and urgent necessities of the population, whose benefit demands of the application of exceptional systems, and, even experimental, which will be established by the Executive authority by means of organizational and functional regulations.

Article 167 (AIO)

Original text: Are revenues of the States:
(1) Those deriving from their property and the management of their assets.
(2) Charges for the use of their goods and services, fines and penalties, and any charges allocated to them.
(3) Proceeds from the sale of State-owned commodities.
(4) The resources to which they are entitled by virtue of constitutional revenue share (situado constitutional).
The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such entities. During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of the revenue share and of all other ordinary revenues of the State corresponding.
(1) In the event of changes in the revenues of the National Treasury that require an adjustment to the National Budget, the constitutional revenue share shall be adjusted in the same proportion.
(2) Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving from the constitutional revenue share and the share of the Municipalities therein shall be established by law.
(3) Any other taxes, charges and special contributions that may be allocated to them by national law for the purpose of helping to develop the state treasuries. Laws creating or transferring tax revenues to the States may offset these allocations by means of changes in the other revenue categories indicated in this article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking into account the financial position and sustainability of the National Public Treasury, without neglecting the ability of the state administrative authorities to provide adequately for the services for which they are responsible.
(4) Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent law.


Modified text: Are revenues of the States:
1. Those deriving from their property and the management of their assets.
2. Charges for the use of their goods and services, fines and penalties, and any charges allocated to them.
3. Proceeds from the sale of State-owned commodities.
4. The resources to which they are entitled by virtue of constitutional revenue share (situado constitutional). The revenue share is equivalent to up to 20% of total ordinary revenues as estimated annually by the National Treasure, which is to be distributed among the States and the Capital District as follows: 30% of the aforementioned percentage in equal shares, and the remaining 70% in proportion to the population of each of such entities.
During each fiscal year, the States must invest at least 50% of the amount to which they are entitled by way of revenue share. During each fiscal year, the Municipalities of each State shall be entitled to at least 20% of the revenue share and of all other ordinary revenues of the State corresponding. In the event of changes in the revenues of the National Treasury that require an adjustment to the National Budget, the constitutional revenue share shall be adjusted in the same proportion.
Principles, rules and procedures with a view to ensure the proper and efficient use of the resources deriving from the constitutional revenue share and the share of the Municipalities therein shall be established by law.
5. Any other taxes, charges and special contributions that may be allocated to them by national law for the purpose of helping to develop the state treasuries.
Laws creating or transferring tax revenues to the States may offset these allocations by means of changes in the other revenue categories indicated in this article, in order to preserve inter-territorial fairness. The percentage of estimated ordinary national revenues allocated to the constitutional revenue share shall be no less than 15% of estimated ordinary revenues, taking into account the financial position and sustainability of the National Public Treasury, without neglecting the ability of the state administrative authorities to provide adequately for the services for which they are responsible.
6. Resources deriving from the Inter-territorial Compensation Fund and from any other transfer, subsidy or special appropriation, as well as those allocated to them as a share of national tax revenues, in accordance with the pertinent law.


Article 230 (Brunilde Sansó)

Original text: The presidential term is six years. The President of the Republic may be reelected, immediately and once only, to an additional term.

Modified text: The presidential period is of 7 years. The President of the Republic can be reelected immediately for a new period.

Article 251 (Daniel D)

Original text: The Council of State is the highest consultative organ of the Government and the National Public Administration. It shall be charged with making policy recommendations in the national interest with regard to matters recognized by the President* of the Republic as being of particular importance and requiring the Council's opinion. The pertinent law shall determine its functions and powers.

Modified text: The Council of State is the highest organization for consulting by the State and the National Government. It will exert its attribution with functional autonomy. Its opinions or decisions will not be binding. Its attributions are 1) Emit an opinion on the matter under consultation 2) Watch over the fulfillment of the constitution and the legal framework 3) Pronounce decisions over the matters that are submitted to its consideration and 4) Recommend policies of national interests on those matters that are of special transcendence. An organic law will be able to determine other functions and/or other competencies.

Article 252 (Daniel D)

Original text: The Council of State shall be presided over by the Executive Vice President, and shall be also integrated by five members designated by the President of the Republic; one representative designated by the National Assembly; one representative designated by the Supreme Tribunal of Justice and One State Governor designated by all of the States chief executives jointly.

Modified text: The Council of State is presided by the President of the Republic and it is also includes the President of the National Assembly, the President of the TSJ [high court], the President of the Citizen Power, the President of the Electoral Council and the people that the president of the republic deems necessary to summon to deal with the matter at hand in the consultation.

Article 318 (Miguel Octavio)

Original text: The monetary competence of National Authority shall necessarily be exercised exclusively by the Venezuelan Central Bank. The fundamental objective of the Venezuelan Central Bank is to achieve price stability and preserve the internal and foreign exchange value of the monetary unit. The monetary unit of the Bolivarian Republic of Venezuela is the Bolivar. In the event a common currency is instituted within the framework of Latin American and integration, it shall be permissible to adopt the currency provided for by a treaty signed by the Republic. The Venezuelan Central Bank is a public-law juridical person with autonomy to formulate and implement policies within its sphere of competence. The Venezuelan Central Bank shall perform its functions in coordination with general economic policy, in the interest of attaining the higher objectives of the State and the Nation. In order to provide for the adequate attainment of its objective, the functions of the Venezuelan Central Bank shall include those of formulating and implementing monetary policy, participating in the design of and implementing foreign exchange policy, currency regulation, credit and interest rate, administrating international reserves and any others established by law.

Modified text: The national monetary system has to tend to achieve the essential goals of the State and the well being of the people, above any other consideration.
The Executive Branch and the Venezuela Central Bank, in strict and obligatory coordination, will fix monetary policy and will exercise the monetary competence of the National Power.
The specific objective of the Venezuelan Central Bank, jointly with the Executive Branch, is to attain price stability and preserve the internal and external value of the monetary unit. The monetary unit of the Bolivarian Republic of Venezuela is the Bolivar. In the case that a currency is established in the framework of Latin American and Caribbean integration, that currency that is the subject of treaties subscribed by the Republic can be adopted.
The Venezuelan Central bank is public law entity without autonomy for the formulation and exercising of the corresponding policies and its functions will be subordinated to the general economic policy and the National Development Plan to reach the superior objectives of the Socialist State and the greatest sum of happiness for all of the people.
For the adequate fulfilling of its specific objectives, the Central Bank of Venezuela will have among its functions, shared with the National Executive Power, those of participating in the formulation and execution of monetary policy, in the design and execution of foreign exchange policy, in the regulation of the coinage, credit and fixing interest rates.


Article 320 (Miguel Octavio)

Original text: The State shall promote and defend economic stability, prevent the vulnerability of the economy and see to monetary and price stability, in order to ensure the welfare of society. The ministry responsible for finance and the Venezuelan Central Bank shall contribute to the harmony between fiscal and monetary policy, thereby facilitating the attainment of macroeconomic objectives. In performing its functions, the Central Bank of Venezuela shall not be subject to directives from the National Executive and shall not be permitted to endorse or finance deficit fiscal policies. The coordinated actions of the National Executive and the Venezuelan Central Bank shall be achieved through an annual policy agreement which shall establish the final growth objectives and their repercussion on society, the external balance of payments and inflation, as regards fiscal, foreign exchange and monetary policy; as well as the levels of intermediate and instrumental variables required in order to achieve the aforementioned final objectives. This agreement shall be signed by the President* of the Venezuelan Central Bank and the head of the ministry responsible for finance, and shall be made public at the time of approval of the budget by the National Assembly. It is the responsibility of the signers of the agreement to see that policy actions are consistent with the objectives. The aforementioned agreement shall specify the results expected and the policies and actions designed to achieve the same. The characteristics of the annual economic policy agreement and the mechanisms for submitting an accounting shall be established by law.

Modified text: The state shall promote and defend economic stability, avoid the vulnerability of the economy and watch out for monetary and price stability of the economy, to insure social well-being. Equally, it will watch out for harmony in fiscal and monetary policy for the achievement of macroeconomic objectives (Two whole paragraphs disappear)

Article 321 (Miguel Octavio)

Original text: A macroeconomic stabilization fund shall be established by law for the purpose of guaranteeing the stability of the State's expenses at the national, regional and municipal levels, in the face of fluctuations in ordinary revenues. The operating rules for this fund shall observe the basic principles of efficiency, fairness and nondiscrimination as between the public organs contributing resources to the fund.

Modified text: Within the framework of his function as administrator of international reserves, the Head of State will establish, in coordination with the Venezuelan Central Bank and at the end of each year, the level of necessary reserves for the national economy, as well as the amount of the excess reserves, which will be destined to the funds earmarked by the national Executive Branch for productive investment, development and infrastructure, financing of the "misiones" and overall, in the integral, endogenous, humanist and socialist development. (The FIEM, the macroeconomic stabilization Fund disappears)

Article 328 (Alek Boyd)

Original text: The National Armed Forces constitute an essentially professional institution, with no political orientation, organized by the State to guarantee the independence and sovereignty of the Nation and ensure the integrity of its geographical space, through military defense, cooperation for the purpose of maintaining internal order and active participation in national development, in accordance with this Constitution and the law. In performing their functions, they are at the exclusive service of the Nation, and in no case at the service of any person or political partisanship. The pillars on which they are founded are discipline, obedience and subordination. The National Armed Forces consist of the Army, the Navy, the Air Force and the National Guard, which function in an integrated manner within the scope of their competence to fulfill their mission, with their own overall Social Security system, as established under the pertinent organic law.

Modified text: The National Armed Forces constitute an essentially patriotic, popular and anti-imperialist institution organized by the State to guarantee the independence and sovereignty of the Nation; to preserve it from any internal or external attacks and ensure the integrity of its geographic area through the study, planning and execution of the Bolivarian military doctrine, the implementation of the principles of integral military defense and the war of popular resistance, the permanent participation in tasks akin to maintaining security of the citizenry, and the upkeep of the internal order as well as the active engagement in economic, social, scientific and technological development plans in accordance to this constitution and the law.
In the performance of its functions it will always be at the service of the Venezuelan people defending its sacred interests and under no circumstances will serve any oligarchies or imperial foreign powers.
Its fundamental pillars are this constitution and the law, as well as discipline, obedience and subordination.
Its historical pillars are in Bolivar's mandate: to free the nation, to take the sword to defend social guarantees and to deserve people's blessings.


Article 329 (Alek Boyd)

Original text: The Army, Navy and Air Force have as their essential responsibility the planning, execution and control of military operations as required to ensure the defense of the Nation. The National Guard shall cooperate in the carrying out of these operations, and shall have as its basic responsibility that of conducting operations as required to maintain internal order within the country. The National Armed Forces shall carry out activities of administrative policing and criminal investigation activities as provided for by law.

Modified text: The Bolivarian Armed Forces are formed by the different land, sea and air bodies, administratively organized in the following components: the Bolivarian Army, the Bolivarian Navy, the Bolivarian Air Force, The Bolivarian Territorial Guard and the Bolivarian Popular Militia, said components structured in combined units of assistance, training and joint operations, both at the tactical and strategic level in order to fulfill its mission.
The Bolivarian Armed Forces will be able to perform administrative police and penal investigation activities as mandated by law.

Provisional ordinance (from the National Assembly dispositions)

The National Guard will become an essentially military body that might be destined by its commander in chief to form land, sea and air units as part of other military components. With part of its human, technical and material resources police corps could also be formed. Its military definition will change to that of Territorial Guard.

Another provisional ordinance

The units and components of the military reserve will become units of the Bolivarian Popular Militia.

1 comment:

Antonio said...

I believe that the reforms proposed here are clearly designed to consolidate Socialism in Venezuela. For the first time in history, we have a form of government that is actually creating institutions that ensure true democracy (i.e. People's Power). In capitalist society, everybody understands that Power is distributed according to class so that one class possesses more Power than another. Only Socialism can overcome these class contradictions and disperse Power equally to all.