Introduction:
The Federal Government Council meeting held on Tuesday, December 5th, 2023, at the ´´Teatro del Ejercito´´ in Fuerte Tiuna, Caracas, was presided over by the Venezuelan President Nicolas Maduro.
The event began by acknowledging the diplomatic delegations, notably the Ambassador of South Africa, marking 30 years of diplomatic relations between the two nations. The presence of opposition leaders, representatives from the National Armed Forces, and key figures from political parties such as Accion Democratica, COPEI, Primero Justicia, and Voluntad Popular were also recognized.
Key Decisions and Statements:
- Referendum Results: President Maduro highlighted the overwhelming approval (over 98%) of recognizing the Geneva Agreement as the sole instrument for a practical solution. Additionally, more than 97% of voters rejected the 1899 Arbitration Award imposed by the Monroe Doctrine.
- Constitutional References: President Maduro quoted constitutional articles, emphasizing the role of the National Defense Council, the Council of State, and the Federal Council of Government in matters of national importance.
- Creation of Guayana Esequiba Zone: President Maduro announced the establishment of the Integral Defense Zone of Guayana Esequiba, with administrative and military headquarters in Tumeremo. Major General Alexis Rodríguez Cabello was appointed as the sole authority.
- PDVSA and CVG Directives: Directives were given to PDVSA and CVG to create Esequibo divisions/branches and issue licenses for oil, gas, and mining exploration immediately.
- New Map Publication: A new map of Venezuela is to be published in schools, high schools, and universities.
- Population Census: President Maduro announced the initiation of population census operations in the Esequibo territory and the commencement of the identification process.
- Termination of Concessions: A special law will be enacted to terminate concessions granted by Guyana within three months and also, President Maduro invited all companies to negotiate with Venezuelan Government.
- Environmental Protection: A special law will decree environmental protection areas in the Guayana Essequiba and national parks.
- High Commission for Defense: President Maduro established the High Commission for the Defense of Essequiba Guyana, involving various governmental bodies and sectors.
- Call for Legislative Action: President Maduro urged the National Assembly to activate the debate on the Organic Law for the Defense of Essequiba Guyana – we could expect the first draft in the coming weeks. It should be noted that in the Venezuelan Judicial System, an Organic Law is one of the highest ranks of laws i.e., falling just below the constitution.
- Social Attention Plan: President Maduro authorized the start of the Social Attention Plan for the population of Guayana Esequiba.
- Census and ID Process: President Maduro ordered the execution of a census and the delivery of identity cards to the inhabitants of Guayana Esequiba.
Constitutional Matters:
- National Defense Council – NDC (Article 323):
– The Council of Defense of the Nation is the highest consultative body for planning and advising the government on matters related to the defense, sovereignty, and integrity of the nation.
– It is chaired by the President and includes key representatives from various branches of government, ensuring a comprehensive approach to national defense planning.
The article reads as follows – Article 323 The National Defense Council is the highest consultative organ for planning and advising the Public Power as to matters relating to the overall defense of the Nation, its sovereignty and the integrity of its geographical space. To this end, it is also charged with establishing the Nation’s strategic concept.
Presided over by the President of the Republic, it also includes the Executive Vice-President, the President of the National Assembly, the Chief Justice of the Supreme Tribunal of Justice, the Chairman of the Republican Ethic Council and the Ministers of Defense, Internal Security, Foreign Relations and Planning, and any others whose participation may be deemed appropriate. The pertinent organic law shall determine the organization and attributions of the National Defense Council.
Possible interpretation – Article 323 reflects the importance of national defense in Venezuelan society. By establishing the NDC as the highest consultative body on defense matters, the Constitution ensures that defense policy is informed by a broad range of perspectives and expertise. This helps to ensure that the nation’s defense strategy is both effective and responsive to the evolving threats and challenges facing the country.
The article also emphasizes the importance of civilian oversight of the military. The fact that the NDC is chaired by the President of the Republic and includes the President of the National Assembly and the Chief Justice of the Supreme Tribunal of Justice, ensures that the military is accountable to the civilian authorities.
But as can be seen, these very civilian authorities have issued and used very concerning political rhetoric when it comes to Guyana’s Essequibo region, which could have very persuasive influence over the NDC.
However, it should also be noted that – the NDC is a consultative body, meaning it does not have direct decision-making power. However, its recommendations and advice are highly influential in shaping the nation’s defense policies. Its primary function is to advise the public authorities, including the President of the Republic, the National Assembly, and the Supreme Tribunal of Justice, on defense matters. And it is also responsible for establishing the nation’s strategic defense concept, which outlines the overall approach to national defense.
- Council of State – CoS (Articles 251 and 252):
– The Council of State serves as the highest consultative body for the government and national public administration, providing recommendations on matters of national interest.
– It is presided over by the Executive Vice President and includes representatives appointed by the President, the National Assembly, the Supreme Court of Justice, and a governor.
– The Council of State plays a crucial role in advising the government on important policy decisions.
The article reads as follows – Article 251 The Council of State is the highest consultative body of the Government and the National Public Administration. It will be his or her responsibility to recommend policies of national interest in those matters that the President of the Republic recognizes as being of special importance and require his or her opinion. The respective law will determine their functions and attributions.
Article 252 The Council of State is chaired by the Executive Vice President and will also be made up of five people designated by the President of the Republic; a representative designated by the National Assembly; a representative designated by the Supreme Court of Justice and a Governor designated by the group of state leaders.
Possible interpretation – Articles 251 and 252 reflect the importance of seeking expert advice in the development of government policies. By establishing the CoS as the highest consultative body, the Constitution ensures that the government has access to a diverse range of perspectives and expertise. This helps to ensure that government policies are well-informed and responsive to the needs of the country.
The articles also emphasize the importance of collaboration between the different branches of government. The CoS’s composition, which includes representatives from the executive, legislative, and judicial branches, helps to foster cooperation and coordination among these branches, all of which are under the full control of the Maduro Administration.
- Federal Council of Government – FCG (Article 185):
– The Federal Council of Government is responsible for planning and coordinating policies for the decentralization process and the transfer of powers to states and municipalities.
– Chaired by the Executive Vice President, it includes ministers, governors, mayors, and representatives of organized society.
– The Council oversees the Inter-territorial Compensation Fund, promoting balanced regional development and cooperation among territorial entities.
The article reads as follows – Article 185 The Federal Council on Government is the organ charged with planning and coordination of policies and actions to develop the process of decentralization and transfer of powers from National Authority to the States and Municipalities. It shall be presided over by the Executive Vice-President and shall consist of the Cabinet ministers, the Governors, one Mayor from each State and representatives of organized society, in accordance, with law.
The Federal Council on Government shall have a Secretariat made up of the Executive Vice-President, two Ministers, three Governors and three Mayors. The Federal Council on Government shall have a dependency known as the Inter territorial Compensation Fund, intended for the purpose of financing public investments with a view to promoting the balanced development of regions, cooperation and complement among the development policies and initiatives of the various public territorial entities, and in particular supporting the providing of works projects and services in regions and communities with relatively low levels of development. The Federal Council on Government, based on regional unbalances, shall discuss and approve annually the resources to be allocated to the Inter-territorial Compensation Fund and the priority investment areas to which these resources are to be applied.
Possible interpretation – Article 185 reflects the Venezuelan government’s commitment to the decentralization of Guyana’s Essequibo region, after declaring that same now falls under its jurisdiction. And by establishing the FCG, the Constitution ensures that there is a body in place to oversee and coordinate the process of transferring power from the national government to the states and municipalities – which are yet to be created.
The article also emphasizes the importance of participation from all levels of government and civil society of Venezuela, in the decentralization process. The FCG’s composition includes representatives from the national government, the states, the municipalities, and civil society. This helps to ensure that the views and interests of all stakeholders are taken into account in the development and implementation of decentralization policies.
Conclusion:
This summary report encapsulates key constitutional provisions and recent developments related to national defense, consultation processes, and strategic planning – which are about to take place in Venezuela.
The Federal Council of Government (FCG) meeting underscored Venezuela’s commitment to defending its claims of territorial rights over Guayana Esequiba. President Maduro outlined the above actions, legislative initiatives, and administrative measures to implement the decisions made in the recent consultative referendum.
President Maduro’s statements emphasized the unity of Venezuela in asserting historical rights over Guyana’s Essequibo region, with alleged resounding support in the referendum. He highlighted the non-recognition of the International Court of Justice’s jurisdiction and emphasized the obligatory nature of the people’s mandate.
Embassy of Guyana
Caracas
5 December 2023
