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.
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