A/HRC/45/CRP.11 2. The National Constituent Assembly 125. With the National Assembly stymied, the National Constituent Assembly was created to fill its place. Many of the decisions taken by the National Constituent Assembly since 2017 have served to neutralize the opposition further. On 20 May 2019, the National Constituent Assembly passed a resolution extending its mandate until 31 December 2020.235 126. The 1999 Constitution states that the purpose of the National Constituent Assembly is “to transform the State, creating a new juridical order and drafting a new Constitution”. 236 However, the May 2017 Presidential Decree convening the National Constituent Assembly purportedly granted it powers beyond this constitutional mandate. 237 Among the stated objectives of the National Constituent Assembly in that decree were improving the national economic system, expanding the powers of the justice system and defending the sovereignty of the nation.238 127. Unlike the Constituent Assembly formed in 1999 to rewrite the Constitution and despite constitutional provisions in this regard,239 no popular referendum was carried out when establishing the National Constituent Assembly.240 On 23 May 2017, President Maduro adopted Presidential Decree No. 2878241 establishing the procedures for election of the National Constituent Assembly, stating that representatives would be selected by territories and by sectors.242 These modalities raised concerns with respect to universal suffrage. 128. One of the first decrees issued by the National Constituent Assembly was a decree establishing the “Norms to guarantee the effective institutional functioning of the National Constituent Assembly in harmony with other public powers”. 243 In doing so, the Constituent Assembly authorized itself to issue decrees on “powers, operation and organization of the organizations of the Public Power”244 and declared that, “all of the organisms of the Public Power are subordinate to the National Constituent Assembly, and are obligated to fulfil and enforce the legal acts that emanate from the Assembly”.245 129. Since its formation in August 2017, the National Constituent Assembly has become a de facto legislative branch, taking over the National Assembly’s constitutionally mandated functions.246 Having granted itself power to legislate over matters related to guaranteeing 235 236 237 238 239 240 241 242 243 244 245 246 30 Constitutional Decree of 20 May 2019, published in Official Gazette No. 41.636. 1999 Constitution, art. 347. Presidential Decree No. 2830, published in Official Gazette No. 6295, 1 May 2017, available at: https://www.sumate.org/documentos/Decreto_N_2.830_del_1_de_mayo_de_2017_Convocatoria_Pre sidencial_Constituyente.010517.pdf. Ibid. The full list is (1) peace; (2) to improve the economic system; (3) to constitutionalize socialist missions and programmes; (4) to expand the powers of the justice system; (5) to constitutionalize new forms of democratic participation; (6) to defend the sovereignty and the integrity of the nation; (7) to defend the pluricultural nature of the country; (8) to constitutionalize the rights of youth; and (9) to preserve life on the planet. Article 347: The original constituent power rests with the people of Venezuela. This power may be exercised by calling a National Constituent Assembly for the purpose of transforming the State, creating a new juridical order and drawing up a new Constitution. Presidential Decree No. 2830, published in Official Gazette No. 6295, 1 May 2017, available at: https://www.sumate.org/documentos/Decreto_N_2.830_del_1_de_mayo_de_2017_Convocatoria_Pre sidencial_Constituyente.010517.pdf, art. 2; See also Presidential Decree No. 2831, published in Official Gazette No. 6295, 1 May 2017, available at: https://pandectasdigital.blogspot.com/2017/05/decreto-n-2831-mediante-el-cual-se-crea.html. Presidential Decree No. 2878, published in Official Gazette No. 41.156, 23 May 2017, available at: https://www.sumate.org/documentos/GACETA_OFICIAL_41156_DECRETO_PRESIDENCIAL_28 78_BASES_COMICIALES_DE_LA_ANC_2017.pdf. Ibid., para. 1. The sectors included workers, campesinos, students, people with disabilities, indigenous peoples, pensioners, business people and the community councils. Constitutional Decree of 8 August 2017, Normas para garantizar el pleno funcionamiento institucional de la Asamblea Nacional Constituyente en armonía con los Poderes Públicos constituidos, published in the Official Gazette No. 6323, 8 August 2017, available at: https://pandectasdigital.blogspot.com/2017/08/normas-para-garantizar-el-pleno.html. Ibid., art. 3. Ibid., art. 5. 1999 Constitution, art. 187.