There is little doubt that the path towards '21st Century Socialism'
in Venezuela has been well executed by the government of President Hugo Chávez .
In recent months several controversial new reforms have been given legal
sanction by the unicameral and Chavista dominated National Assembly (AN in the
Spanish acronym). This allows Chávez to rebuff those critics who suggest the
executive operates outside the bounds of the country's institutions (given his
degree of control over these institutions, he has no need whatsoever to do so),
though there is a lingering question as to whether he is acting entirely
democratically, given that many of these 'Socialist' reforms were rejected by
voters in a November 2007 referendum on constitutional reform.
Socialism by stealth_
Over the past 18 months, President Chávez has pushed ahead with the bulk of
the reforms narrowly rejected by the electorate in the November 2007 plebiscite
dominated by the issue of presidential re-election. The opposition has accused
him of introducing 'Socialism by stealth', first using his temporary 'enabling
powers' to legislate by decree (to July 2008) and subsequently getting the
167-seat unicameral National Assembly, which is stacked with his supporters, to
rubberstamp these reforms.
Since a successful second referendum to remove term limits in February 2009,
Chávez has been emboldened to push on with this radical legislative agenda. He
has used it to accelerate the government's intervention in designated
'strategic' key economic sectors (including banking, the food and agriculture
sector and the oil and fuel sector) and, under a controversial 18 March
amendment to the decentralization law, to take back control of key facilities
(ports, airports and toll roads) from state authorities and appropriate
political and administrative powers from elected opposition authorities, most
notably in Caracas (via the Capital District Law).
Using his inflammatory rhetoric for cover, the president has chosen his
battles astutely, often deliberately creating a distraction with one piece of
legislation in order to shield the passage of another through the assembly. Not
all of the reforms have gone through, with Chávez occasionally forced to
backtrack in the face of overwhelming public opposition. In May 2008
[RA-08-06], the president did a u-turn on a controversial new intelligence law
(enacted by decree), following an outcry about its implications for civil
liberties and rumoured dissent within the army. Chávez admitted his mistake, and
ordered the law be redrafted - it was quietly shelved. And in early August 2009,
the government abruptly withdrew a draft 'Media Crimes Bill' from the assembly
amid widespread fury over the regulator Conatel's closure of 34 radio stations
for spurious bureaucratic reasons (outdated paperwork) and its continued assault
on the anti-government cable TV channel, Globovisión.
And by surprise_
This year, the executive has also suddenly and without warning revived bills
that had been on ice for several years, racing them through the AN with little
or no debate, and giving the opposition (which in any case is not represented in
the assembly, after it boycotted the last legislative polls in 2005) little or
no time to react.
For instance, while public attention was conveniently focused on the
heavy-handed government clampdown on the media, a controversial new Electoral
Law, revived in May after almost 16 months on ice, slipped easily through the AN
on 1 August. Critics fear that this new law will benefit the ruling Partido
Unido Socialista de Venezuela (PSUV) ahead of important congressional elections
in late 2010 and the subsequent presidential vote in 2012 [see RA-09-05].
Similarly, on 14 August the AN unanimously approved a highly polemical new
Education Law, as the metropolitan police, now under the control of the new
Chávez appointed Caracas 'governor' (Jaqueline Faría), used tear gas to disperse
thousands of demonstrators, including parents, school teachers, trade unionists,
civil society activists, university students and professors, and members of the
clergy, protesting against the bill outside parliament.
This law, on the backburner for years since its first debate in 2001, was
suddenly resurrected in late June and raced through the legislature with
virtually no debate. The revised version, which differed markedly from the
original 'consensus' 2001 version, was only put fully into the public domain a
week before the debate and then only after an opposition party, Podemos, put it
up on its website.
The AN, which the AN president, Cilia Flores, ordered to continue to sit through its August recess
this year, discussed the 56-article bill for just 10 hours before its unanimous
approval. The one small opposition group in the house, Podemos, withdrew from
the debate in protest, accusing Flores of blocking its
contributions.
Opponents say the new law will 'Cubanise' Venezuela's education system and
lead to the 'indoctrination' of pupils with Socialist ideology. There are
particular concerns about the law's somewhat ambiguous contemplation of a role
in the education system for Chávez 's local 'communal councils', or neighbourhood
citizen groups, widely seen as instruments of Chavismo (Arts. 16, 18). It has
also led to howls of protest by private schools and universities, who fear they
will lose their traditional autonomy (administrative, curricular and financial),
and the Catholic Church, given that Religion will no longer be on the national
curriculum. The law also appears to leave open the possibility of further
legislation to regulate the university sector, long a source of opposition to
the Chávez government (Arts. 23, 34).
Certainly, the tone of the new law, which strongly centralises state control
over education (via the central education ministry) to the detriment of local
authorities, parents groups and schools themselves, does have ideological
overtones. At the outset (Art 5, 2c) the law clearly sets out obligatory
education “in the doctrine of Simón Bolívar", though it later also expresses
openness to “all currents of thinking" (Art 11). Throughout the law there
are apparent 'Socialist' references, such as in Article 13, which sets out the
aims of education, including “the development of human beings committed to the
processes of social transformation", and of “a new political culture_founded on
popular power, the democratisation of knowledge and the promotion of the school
as a space for the formation of citizenship and community participation, for the
reconstruction of the public spirit_.with profound conscience of the social
obligation". One observer commented that the good points in the law were
overshadowed by the notion among the “reactionary left" that “the Latin American
man must be domesticated by the state".
However, the government ,which argues that it is replacing an outdated
'colonial' and elitist system with one that better promotes equal access to
education for all, makes no apologies for this tone: on 10 August the education
minister, Héctor Navarro, stated that “the school has always been a tool of
ideology, and every intellectual knows that". Navarro slammed the
opposition media for deliberately creating undue panic about the new law.
Notably, Article 50, which sets out penalties and sanctions for those failing
to adhere to the new law, also prohibits the media from publishing or divulging
in print or in any other form “any social communication that produces terror in
children, incites hatred, aggressiveness, indiscipline, deforms language or
assaults public morals or mental or physical health" - on pain of having its
activities or publications immediately suspended. This, to many, looks like the
Media Crimes Bill via the back door, which might explain its earlier withdrawal
from the assembly.
A final criticism of the new bill is that it dedicates only a handful of
paragraphs to those administrative, financing, evaluation and supervision
mechanisms most critical to ensuring any education system's quality and
effectiveness - further proof, critics say, that the new law is above all about
cementing government control and furthering its Socialist ambitions.
On 17 August, the assembly also rubberstamped a new 'Urban Lands Law'. This
will allow the government to seize idle, unused or underused plots of land or
buildings from their purported owners, for 'social purposes'. The minister for
housing, public works and telecommunications, Diosdado Cabello, said the law
would end “latifundio" practices in urban zones and allow the government to
tackle the country's severe housing deficit (est. 1.8m homes). Critics say it is
a further attack on private property rights; “a totalitarian smokescreen",
sniffed the local consultancy Veneconomía.
On 6 August the head of the national assembly, Cilia Flores, denied that
President Chávez was seeking a fourth 'Enabling Law' giving him decree powers
from 15 December 2009, to coincide with the 10th anniversary of his 1999
Constitution, saying there was no need. To date in 2009, the AN has approved 27
laws, 11 more than in all of 2008. A total of 57 laws are on the agenda for this
year. The last Enabling Law lasted for 18 months until 31 July 2008, in which
time Chávez decreed some 30 laws.