Carmona Decree
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The Act Constituting the Government of Democratic Transition and National Unity ( es, Acta de Constitución del Gobierno de Transición Democrática y Unidad Nacional) – known colloquially as the "Carmona Decree" or ''El Carmonazo'' — was a document drawn up on 12 April 2002 the day following the Venezuelan coup attempt of 2002, which attempted to oust Venezuelan President Hugo Chávez. This Act established a transitional government, dissolving the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
and the Supreme Court and also suspending the Attorney General, Comptroller General,
governors A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and mayors elected during Chávez's administration.BBC news. (BB
Venezuela investiga el "Carmonazo"
Retrieved 13 June 2006.


Clauses

Within the Act, the basis for the formation of a transitional government is delineated, citing the
Constitution of Venezuela The Constitution of the Bolivarian Republic of Venezuela ( es, Constitución de la República Bolivariana de Venezuela (CRBV)) is the current and twenty-sixth constitution of Venezuela. It was drafted in mid-1999 by a constituent assembly that h ...
. The Act principally cites Article 350 of the Constitution, which says the People of Venezuela shall disown any regime, legislation or authority that violates democratic values, principles and guarantees or encroaches upon human rights.''Venezuela Analitica'' (''Analitica'' 2002)
Acta de constitución del Gobierno de Transición Democrática y Unidad Nacional
. Retrieved 24 July 2006
It also alleges violations by the Chávez administration of Articles 43, 57, 58, 68, 136, 141, 145, 204, 211, 254, 270, 273, 279, 294, 295 and 328 of the Constitution, and it references the Democratic Charter of the Organization of American States and Chávez's supposed resignation the day before. Remembering the date of 11 April 2002 "with profound indignation and national mourning," it accuses the government of Chávez of: *Attacking, repressing, and assassinating innocent peaceful demonstrators. *Compromising democratic principles, particularly representative democracy. *Human and property rights violations. *Flagrant violation of separation and independence of powers. *Corruption. *Misuse of the armed forces. *Promoting a climate of social violence. *Unacceptable isolationist foreign policy, aiding Colombian guerrillas. *Eliminating autonomy of the electoral process. *Enacting an
enabling act An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) the power to take certain actions. For example, enabling acts often establish government agencies to carr ...
without consulting the electorate. *Promoting violence via its Bolivarian Circles. *Disrespecting institutions necessary for peaceful democratic coexistence.


Articles

''The Act'' declares the formation of a democratic and national unity transition government, according to the following articles: * Article I Designated Pedro Carmona Estanga President of Venezuela in charge of the Executive Branch. * Article II Re-established the country's name as ''República de Venezuela'', eliminating the name "Bolivarian". * Article III Suspended the National Assembly, with new elections to be held no later than December 2002. * Article IV Created a 35-member advisory council to guide the interim president. * Article V Named the President of Venezuela to coordinate the interim period. * Article VI Established that Presidential elections would occur in no later than 365 days, and the interim President may not be a candidate. * Article VII The President of Venezuela and Cabinet will select the interim public officials at the national, state and local level. * Article VIII Reorganized public offices to recuperate autonomy and independence, removing officials illegitimately named to their posts as members of the Supreme Court, Attorney General, Comptroller General, and members of the National Electoral Council. These positions would be filled as soon as possible with consultation of the Ministers and Advisory Council. * Article IX Suspended 49 decrees from the ''Ley Habilitante'' (
Enabling Act An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) the power to take certain actions. For example, enabling acts often establish government agencies to carr ...
). * Article X Upheld all other laws both internal and international, as long as they do not disagree with the present Act. * Article XI All members of the transitional government will abandon their posts once their newly elected counterparts take charge.


Aftermath

The Act was the catalyst that allowed the Armed Forces to justify abandoning the newly formed government, returning Chávez to power on 13 April. After Chávez was re-instated as president, controversy regarding those that signed ''The Act'' remained. According to '' El Nacional'', among almost 400 signatures is the signature of
María Corina Machado María Corina Machado Parisca (born 7 October 1967, Machado, María CorinaMi experiencia. Es ahora. María Corina. Accessed 25 April 2010. sometimes referred to as MCM) is a Venezuelan politician who served as an elected member of the National ...
, a political activist and co-founder of ''
Súmate ''Súmate'' (Spanish for "Join Up") is a Venezuelan volunteer civil association founded in 2002 by María Corina Machado and Alejandro Plaz. ''Súmate'' describes itself as a vote-monitoring group; it has also been described as an election-monito ...
''. She denies signing the decree itself, but rather a signature roll. Another notable signee is former Zulia Governor and former presidential candidate,
Manuel Rosales Manuel Antonio Rosales Guerrero (born December 12, 1952, in Santa Bárbara del Zulia) is a Venezuelan educator and politician, current governor of Zulia, Venezuela's most populated state. He was the most prominent opposition candidate in the ...
, who says his participation was an honest mistake rather than a pre-planned coup like Chávez's. Referring to ''The Act'', Venezuelan historian and politician Jorge Olavarría said, "what these fellows brought, and may people who hear pardon me but these things have to be said with the crudeness of the situation, what these fellows brought me
he Carmona decree draft He or HE may refer to: Language * He (pronoun), an English pronoun * He (kana), the romanization of the Japanese kana へ * He (letter), the fifth letter of many Semitic alphabets * He (Cyrillic), a letter of the Cyrillic script called ''He'' ...
is a piece of shit, yes totally, if this is going to happen, you have to do these things well, but this was a big mess up, technically and politically..."National Assembly (31 May 2002)
Investiga los hechos ocurridos los dias 11,12,13 Y 14 de Abril de 2002
"... esto que han traído estos muchachos y me perdonarán las personas que me escuchan, pero las cosas hay que decirlas con la crudeza del caso, esto que me trajeron estos muchachos es una mierda, sí totalmente, si esto va a pasar hay que hacerle las cosas bien hechas, porque eso fue un disparate mayúsculo, técnico o político... "


Notes


External links

* {{in lang, es}
Acta de constitución del Gobierno de Transición Democrática y Unidad Nacional

''The Revolution Will Not be Televised''
seek (00:45:42) – Google Video
"X-ray of a Lie"
seek (1:00:26) – Google Video. 2002 in Venezuela History of Venezuela Politics of Venezuela Decrees