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No Room for Debate the National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela
No Room for Debate The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela July 2019 Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession. ® No Room for Debate - The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela © Copyright International Commission of Jurists Published in July 2019 The International Commission of Jurists (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to its headquarters at the following address: International Commission of Jurists P.O. Box 91 Rue des Bains 33 Geneva Switzerland No Room for Debate The National Constituent Assembly and the Crumbling of the Rule of Law in Venezuela This report was written by Santiago Martínez Neira, consultant to the International Commission of Jurists. Carlos Ayala, Sam Zarifi and Ian Seiderman provided legal and policy review. This report was written in Spanish and translated to English by Leslie Carmichael. 2 TABLE OF CONTENTS Executive Summary ............................................................................................... -
Alba and Free Trade in the Americas
CUBA AND THE CONSTRUCTION OF ALTERNATIVE GLOBAL TRADE SYSTEMS: ALBA AND FREE TRADE IN THE AMERICAS LARRY CATÁ BACKER* & AUGUSTO MOLINA** ABSTRACT The ALBA (Alternativa Bolivariana para los Pueblos de Nuestra América) (Bolivarian Alternative for The People of Our America), the command economy alternative to the free trade model of globalization, is one of the greatest and least understood contributions of Cuba to the current conversation about globalization and economic harmonization. Originally conceived as a means for forging a unified front against the United States by Cuba and Venezuela, the organization now includes Nicaragua, Honduras, Dominica, and Bolivia. ALBA is grounded in the notion that globalization cannot be left to the private sector but must be overseen by the state in order to maximize the welfare of its citizens. The purpose of this Article is to carefully examine ALBA as both a system of free trade and as a nexus point for legal and political resistance to economic globalization and legal internationalism sponsored by developed states. The Article starts with an examination of ALBA’s ideology and institutionalization. It then examines ALBA as both a trade organization and as a political vehicle for confronting the power of developed states in the trade context within which it operates. ALBA remains * W. Richard and Mary Eshelman Faculty Scholar and Professor of Law, Dickinson Law School; Affiliate Professor, School of International Affairs, Pennsylvania State University, University Park, Pennsylvania; and Director, Coalition for Peace & Ethics, Washington, D.C. The author may be contacted at [email protected]. An earlier version of this article was presented at the Conference, The Measure of a Revolution: Cuba 1959-2009, held May 7–9, 2009 at Queen’s University, Kingston, Ontario, Canada. -
Venezuela: Overview of U.S. Sanctions
Updated July 5, 2019 Venezuela: Overview of U.S. Sanctions For more than a decade, the United States has employed State), and Ramón Rodríguez Chacín (former interior sanctions as a policy tool in response to activities of the minister); in 2011, Freddy Alirio Bernal Rosales and Venezuelan government and Venezuelan individuals. These Amilicar Jesus Figueroa Salazar (United Socialist Party of have included sanctions related to terrorism, drug Venezuela, or PSUV, politicians), Major General Cliver trafficking, trafficking in persons, antidemocratic actions, Antonio Alcalá Cordones, and Ramon Isidro Madriz human rights violations, and corruption. Currently, the Moreno (a Venezuelan intelligence officer); in 2017, then- Treasury Department has financial sanctions on 115 Vice President Tareck el Aissami; and in May 2018, Pedro individuals, and the State Department has revoked the visas Luis Martin (a former senior intelligence official) and two of hundreds of individuals. On January 28, 2019, the Trump associates. Others designated include drug trafficker Walid Administration announced sanctions on Venezuela’s state- Makled, three dual Lebanese-Venezuelan citizens allegedly oil company, Petróleos de Venezuela, S.A. (PdVSA). Prior involved in a drug money-laundering network, and several to the imposition of the PdVSA sanctions, the United States Colombian drug traffickers with activity in Venezuela. recognized Juan Guaidó, the head of Venezuela’s National Assembly, as the country’s interim president and ceased to Targeted Sanctions Related to Antidemocratic recognize Nicolás Maduro as the president of Venezuela. Actions, Human Rights Violations, and Corruption In response to increasing repression in Venezuela, Congress Terrorism-Related Sanctions enacted the Venezuela Defense of Human Rights and Civil Since 2006, U.S. -
Venezuela: Background and U.S
Venezuela: Background and U.S. Policy (name redacted) Specialist in Latin American Affairs June 14, 2017 Congressional Research Service 7-.... www.crs.gov R44841 Venezuela: Background and U.S. Policy Summary Venezuela is in an acute political, economic, and social crisis. Following the March 2013 death of populist President Hugo Chávez, acting President Nicolás Maduro of the United Socialist Party of Venezuela (PSUV) narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD) to be elected to a six-year term in April 2013. President Maduro now has less than 20% public approval, and fissures have emerged within the PSUV about the means that he has used to maintain power, including an aborted attempt to have the Supreme Court dissolve the MUD-dominated legislature. Since March 2017, large-scale protests have called for President Maduro to release political prisoners, respect the separation of powers, and establish an electoral calendar. Instead, Maduro has scheduled July 30, 2017, elections to select delegates to a constituent assembly to rewrite the constitution (the opposition is boycotting). Security forces have repressed protesters, with some 70 dead and thousands injured and jailed. Venezuela also faces crippling economic and social challenges. An economic crisis, triggered by mismanagement and low oil prices, is worsening. In 2016, the economy contracted by 18% and inflation averaged 254% according to the International Monetary Fund. Shortages of food and medicine have caused a humanitarian crisis. The Maduro government is struggling to raise the cash needed to make its debt payments and pay for imports. Some economists maintain that Venezuela is at risk of default in 2017. -
U.S. Imposes Comprehensive Sanctions Against Venezuela's Government, Second Round of Chemical Weapons-Related Sanctions Agains
U.S. Imposes Comprehensive Sanctions Against Venezuela’s Government, Second Round of Chemical Weapons-Related Sanctions Against Russia August 8, 2019 International Trade Controls On August 5, 2019, President Trump issued Executive Order 13884 imposing comprehensive sanctions against the Government of Venezuela. Specifically, the Executive Order blocks all property and interests in property of the Government of Venezuela that are in or that come into the United States or the possession or control of a U.S. person. As a result, U.S. persons are prohibited from engaging in virtually any transactions or dealings with the Government of Venezuela without authorization from the Treasury Department’s Office of Foreign Assets Control (“OFAC”). The “Government of Venezuela” is defined broadly to include any entity owned or controlled, directly or indirectly, by the government. The Executive Order also authorizes the imposition of secondary sanctions for dealings by non-U.S. persons with certain persons whose property is blocked pursuant to the Executive Order. According to the Trump Administration, the sanctions are designed to limit the Maduro regime’s sources of revenue and preserve the country’s assets for the Venezuelan people. Relatedly, OFAC has issued new or revised general licenses (“GLs”) authorizing U.S. persons to engage in certain activities that otherwise would be prohibited by the new Executive Order because they involve the Government of Venezuela, including entities owned or controlled by the Government of Venezuela, such as Petróleos de Venezuela, S.A. (“PdVSA”), PDV Holding, Inc., CITGO Holding, Inc., and Nynas AB, among others. For example, OFAC authorized transactions involving the Venezuelan National Assembly, Interim President of Venezuela Juan Gerardo Guaidó Marques, and any person Guaidó has appointed to act on behalf of his government. -
Us Sanctions Target Venezuela's Pdvsa
BRIEFING US SANCTIONS TARGET VENEZUELA’S PDVSA OCTOBER 2017 ● THE US HAS IMPOSED NEW SANCTIONS ON THE GOVERNMENT OF VENEZUELA AND STATE- OWNED COMPANIES, INCLUDING PDVSA ● THE SANCTIONS LIMITS PDVSA'S ABILITY TO ISSUE NEW DEBT IN US DOLLARS AND ENGAGE IN CERTAIN FINANCIAL TRANSACTIONS WITH US PERSONS ● THERE REMAINS SUBSTANTIAL UNCERTAINTY IN THE APPLICATION OF THE SANCTIONS On August 24, 2017, US President Donald Trump issued Executive Order 13808 (the “Executive Order”), which imposes sanctions on the Government of Venezuela and all Venezuelan state-owned companies, including oil company Petroleos de Venezuela, S.A. (“PdVSA”). The sanctions are broadly designed to make it more difficult for the Government of Venezuela to raise funds internationally. Although the sanctions are limited in scope, parties wishing to deal directly or indirectly with the Government of Venezuela or PdVSA should exercise caution, as there are many nuances and uncertainties in the application of the sanctions. Sanctions framework US sanctions are traditionally “blocking sanctions,” requiring “US persons” to block transactions with prohibited individuals and entities, and seize any property belonging to such individuals and entities. For this purpose, US persons are individual US citizens or permanent residents, entities organized in the US and any other persons in the US. The sanctions imposed by the Executive Order are far more limited, and prohibit only certain types of transactions with prohibited persons. In this respect, the Venezuela sanctions are similar to the “sectoral sanctions” imposed under the Russia-Ukraine sanctions program. New sanctions The Executive Order imposes the following new sanctions: 2 Watson Farley & Williams Prohibitions on debt and equity. -
Venezuela's Tragic Meltdown Hearing
VENEZUELA’S TRAGIC MELTDOWN HEARING BEFORE THE SUBCOMMITTEE ON THE WESTERN HEMISPHERE OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION MARCH 28, 2017 Serial No. 115–13 Printed for the use of the Committee on Foreign Affairs ( Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PUBLISHING OFFICE 24–831PDF WASHINGTON : 2017 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 12:45 May 02, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 F:\WORK\_WH\032817\24831 SHIRL COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California DANA ROHRABACHER, California GREGORY W. MEEKS, New York STEVE CHABOT, Ohio ALBIO SIRES, New Jersey JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia MICHAEL T. MCCAUL, Texas THEODORE E. DEUTCH, Florida TED POE, Texas KAREN BASS, California DARRELL E. ISSA, California WILLIAM R. KEATING, Massachusetts TOM MARINO, Pennsylvania DAVID N. CICILLINE, Rhode Island JEFF DUNCAN, South Carolina AMI BERA, California MO BROOKS, Alabama LOIS FRANKEL, Florida PAUL COOK, California TULSI GABBARD, Hawaii SCOTT PERRY, Pennsylvania JOAQUIN CASTRO, Texas RON DESANTIS, Florida ROBIN L. KELLY, Illinois MARK MEADOWS, North Carolina BRENDAN F. BOYLE, Pennsylvania TED S. YOHO, Florida DINA TITUS, Nevada ADAM KINZINGER, Illinois NORMA J. -
Venezuela: Issues for Congress, 2013-2016
Venezuela: Issues for Congress, 2013-2016 Mark P. Sullivan Specialist in Latin American Affairs January 23, 2017 Congressional Research Service 7-5700 www.crs.gov R43239 Venezuela: Issues for Congress, 2013-2016 Summary Although historically the United States had close relations with Venezuela, a major oil supplier, friction in bilateral relations increased under the leftist, populist government of President Hugo Chávez (1999-2013), who died in 2013 after battling cancer. After Chávez’s death, Venezuela held presidential elections in which acting President Nicolás Maduro narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD), with the opposition alleging significant irregularities. In 2014, the Maduro government violently suppressed protests and imprisoned a major opposition figure, Leopoldo López, along with others. In December 2015, the MUD initially won a two-thirds supermajority in National Assembly elections, a major defeat for the ruling United Socialist Party of Venezuela (PSUV). The Maduro government subsequently thwarted the legislature’s power by preventing three MUD representatives from taking office (denying the opposition a supermajority) and using the Supreme Court to block bills approved by the legislature. For much of 2016, opposition efforts were focused on recalling President Maduro through a national referendum, but the government slowed down the referendum process and suspended it indefinitely in October. After an appeal by Pope Francis, the government and most of the opposition (with the exception of Leopoldo López’s Popular Will party) agreed to talks mediated by the Vatican along with the former presidents of the Dominican Republic, Spain, and Panama and the head of the Union of South American Nations. -
Venezuela: Background and U.S
Venezuela: Background and U.S. Relations Updated January 21, 2019 Congressional Research Service https://crsreports.congress.gov R44841 {222A0E69-13A2-4985-84AE-73CC3D FF4D02}- R-065134085251065165027250227152136081055238021128081004254222131230149124116165025173059138019212092197094082070147241055138103109125167218148070191159004086199008187015230011144177144130039148251243207037022138160186199154124002209111056023137069245037120015094018080157060102122054208115 Venezuela: Background and U.S. Relations Summary Venezuela remains in a deep political crisis under the authoritarian rule of President Nicolás Maduro of the United Socialist Party of Venezuela (PSUV). Maduro, narrowly elected in 2013 after the death of Hugo Chávez (1999-2013), is unpopular. Nevertheless, he has used the courts, security forces, and electoral council to repress the opposition. On January 10, 2019, Maduro began a second term after winning reelection on May 20, 2018, in an unfair contest deemed illegitimate by the opposition-controlled National Assembly and most of the international community. The United States, the European Union, the Group of Seven, and most Western Hemisphere countries do not recognize the legitimacy of his mandate. They view the National Assembly as Venezuela’s only democratic institution. Maduro’s inauguration capped his efforts to consolidate power. In 2017, protesters called for Maduro to release political prisoners and respect the opposition-led National Assembly. Security forces quashed protests, with more than 130 killed and thousands -
Venezuela and Cuba: the Ties That Bind
Latin American Program | January 2020 A portrait of the late Venezuelan president Hugo Chávez in between the Cuban and Venezuelan flags.Credit: Chávez Fusterlandia (On the left) A silhouetted profile of Fidel Castro in his military cap says “the best friend.” Dan Lundberg, March 18, 2016 / Shutterstock Venezuela and Cuba: The Ties that Bind I. Two Nations, One Revolution: The Evolution of Contemporary Cuba-Venezuela Relations By Brian Fonseca and John Polga-Hecimovich CONTENTS “Cuba es el mar de la felicidad. Hacia allá va Venezuela.” I. Two Nations, One (“Cuba is a sea of happiness. That’s where Venezuela is going.”) Revolution: The Evolution —Hugo Chávez Frías, March 8, 2000 of Contemporary Cuba- Venezuela Relations Contemporary Cuban-Venezuelan relations blossomed in the late 1990s, due in large part By Brian Fonseca and John Polga-Hecimovich to the close mentor-pupil relationship between then-presidents Fidel Castro Ruz and Hugo Chávez Frías. Their affinity grew into an ideological and then strategic partnership. Today, these ties that bind are more relevant than ever, as Cuban security officials exercise influ- II. The Geopolitics of Cuba–Venezuela-U.S. ence in Venezuela and help maintain the Nicolás Maduro government in power. Details of the Relations: relationship, however, remain shrouded in secrecy, complicating any assessment of Cuba’s An Informal Note role in Venezuela. The Venezuelan and Cuban governments have not been transparent about By Richard E. Feinberg the size and scope of any contingent of Cuban military and security -
“El Fenomeno Chavez:” Hugo Chavez of Venezuela, Modern Day Bolivar
“El Fenomeno Chavez:” Hugo Chavez of Venezuela, Modern Day Bolivar Jerrold M. Post US Air Force Counterproliferation Center 39 Future Warfare Series No. 39 “El Fenomeno Chavez:” Hugo Chavez of Venezuela, Modern Day Bolivar by Jerrold M. Post The Counterproliferation Papers Future Warfare Series No. 39 USAF Counterproliferation Center Air University Maxwell Air Force Base, Alabama “El Fenomeno Chavez:” Hugo Chavez of Venezuela, Modern Day Bolivar Jerrold M. Post March 2007 The Counterproliferation Papers Series was established by the USAF Counterproliferation Center to provide information and analysis to assist the understanding of the U.S. national security policy-makers and USAF officers to help them better prepare to counter the threat from weapons of mass destruction. Copies of No. 39 and previous papers in this series are available from the USAF Counterproliferation Center, 325 Chennault Circle, Maxwell AFB AL 36112-6427. The fax number is (334) 953- 7530; phone (334) 953-7538. Counterproliferation Paper No. 39 USAF Counterproliferation Center Air University Maxwell Air Force Base, Alabama 36112-6427 The Internet address for the USAF Counterproliferation Center is: http://cpc.au.af.mil/ Contents Page Disclaimer........................................................................................................ ii About the Author ............................................................................................ iii Executive Summary ..........................................................................................v -
Final Declaration of the Thirteenth
FINAL DECLARATION OF THE THIRTEENTH SUMMIT OF THE BOLIVARIAN ALLIANCE FOR THE PEOPLES OF OUR AMERICA – PEOPLES’ TRADE AGREEMENT (ALBA-TCP) AND THE COMMEMORATION FOR ITS TENTH ANNIVERSARY We, the Heads of State and Government of the member countries of the Bolivarian Alliance for the Peoples of Our America – Peoples’ Trade Agreement (ALBA-TCP) are meeting in Havana on December 14, 2014 to commemorate the Tenth Anniversary of the Alliance, the genuinely Latin American and Caribbean integration body sustained on principles of solidarity, social justice, cooperation and economic complementarity, product of the political will and profound integrationist spirit of Commanders Fidel Castro Ruz and Hugo Rafael Chávez Frías. Likewise we are celebrating the twentieth anniversary of the first meeting in Havana of these great leaders of our peoples, faithful exponents and defenders of the legacy of the Liberators of Latin America and the Caribbean. We express our steadfast commitment with the consolidation and growth of ALBA-TCP and the struggle for the second and definitive independence of Latin America and the Caribbean, in concert with the ideals of our national heroes, within a complex regional context characterized by an offensive inflicted by globalized transnational capitalism and US imperialism that would like to destabilize and overthrow progressive governments democratically elected by their peoples. Convinced that ALBA-TCP today constitutes an unassailable bulwark in the defense of sovereignty of the peoples of the region and the nations of The South, we agree to: 1 1. Ratify the principles of solidarity, genuine cooperation and complementarity among our countries, in rational use and for the wellbeing of our peoples, of their natural resources – including their energy potential – in the integral and intensive formation of human capital required by our national development and attending to the necessities and aspirations of our men and women, proclaimed in the Joint Declaration, signed by Commanders Fidel Castro and Hugo Chávez, and in other documents.