24 April 2007
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The CNE threw out the referendum request; even if a second chance is allowed, an adverse timeframe comes into play.
It is back to square one for the opposition Coordinadora Democrática (CD): the national electoral council (CNE), none too surprisingly, ruled inadmissible the signatures the CD had collected in support of its demand for a referendum to revoke President Hugo Chávez 's mandate. The decision was made on the strength of three votes in favour -- and none against, since the councillors picked by the opposition opted for abstaining.
The CNE's decision was based mainly, but not solely, on the fact that the signatures were collected `extemporaneously'; six months before the constitutional entitlement to a revocation referendum came into effect. The council also noted several formal deficiencies that also invalidated the submission, the most serious of which was that it was headed, not by the formal application for a referendum, but by a political manifesto. This, said the CNE, `violated' the agreement reached between government and opposition in the OAS-facilitated negotiations.
The CNE admitted that part of the problem was that there was no detailed regulation of procedures for referendums of this kind. It committed itself to drafting the necessary rules and putting them into effect on 17 September.
Can they try again?
The leaders of CD promptly announced that they had scheduled for 5 October a new mass collection of signatures. If the first one was dubbed the firmazo (the big sign-in), this one would be the refirmazo (a double pun meaning an even greater sign-in and the reaffirmation of the first one).
Whether they can actually do so has been cast in doubt. Lawyers in the pro-government camp have pointed out that according to the constitution, `during the term for which an official has been elected, no more than one request for the revocation of his mandate may be filed.' It is, of course, up to the CNE to interpret this, but the provision was obviously included to safeguard officials from living under the constant threat of a revocation referendum throughout the second half of their terms. And whatever the CNE decides, the dissatisfied party will be able to appeal all the way up to the supreme court.
In order to clear the air on this as soon as possible, Chávez 's own party, the Movimiento Quinta República (MVR), has filed a formal request for an interpretation from the constitutional panel of the supreme court. Should the court, now or later, find against the admissibility of a second opposition attempt, Chávez would be able to remain in office, unhindered, until 2007.
Tight & risky calendar
Should the CD have a second chance, it will find itself racing against the clock. Not matter how swiftly the refirmazo is carried out, verification (the task the CNE did not even begin on this occasion) is unlikely to take less than a month. Then, if all goes well, there should follow the call for a referendum, allowing enough time for both sides to campaign.
It is in the government's interest to delay proceedings at least until midyear, because by June it expects everyone, not least the opposition, to be distracted by the state and municipal elections scheduled for that month. The electoral board (subordinate to the CNE) has said it will ask the council to seek an extension of mayoral mandates until December, so that their renewal may coincide with that of the local councils. If that is accepted, there will be two nodes of political effervescence next year.
For the opposition, it is imperative to hold a successful referendum before 19 August 2004. Under the rules laid down in the constitution, if Chávez 's mandate is revoked before then, new presidential elections will have to be called within a month (which means that by then candidates will have had to be nominated, and electoral machinery readied).
If that deadline is missed, a successful revocation referendum would simply replace Chávez with Vice-President José Vicente Rangel — a prospect many in the opposition would find almost as intolerable as seeing Chávez stay on.