December 2, 2007 Constitutional Reform Referendum
In August 2007, Venezuelan President Hugo Chávez announced his proposals for constitutional reform that would alter 33 of the 350 articles of the 1999 Venezuelan constitution, and that he claimed would move Venezuela toward a new a model of development known as “socialism in the 21st century” embracing participatory democracy and a mixed economy. According to the Venezuelan government, the purpose of the reforms was to speed the redistribution of Venezuela’s oil resources to benefit the poor; de-centralize political power to grant citizens more direct say in their affairs; and outline the legal foundation of a new, more equitable model of development and democracy.33 Venezuela’s National Assembly debated the proposals in three rounds, and ended up adding reforms to amend 36 additional articles for a total of 69 constitutional amendments that were finalized by the Assembly on November 2, 2007.
The amendments were subject to a public referendum held on December 2, 2007, with the 69 reforms split into two parts. Block “A” consisted of amendments to 46 of the constitution’s articles, including the 33 reforms proposed by Chávez and 13 proposed by the National Assembly. Block “B” consisted of amendments to 23 articles proposed solely by the National Assembly.
Among some of the proposals for constitutional changes included in Block A of the referendum were the following amendments:
• to lower the voting age from 18 to 16 years of age (Article 64);
• to prohibit foreign financing of associations with political goals, and provide for
government financing of electoral activities (Article 67);
• to decrease the workweek from 44 to 36 hours and the workday from 8 hours to 6
hours (Article 90)
• to recognize Venezuela’s multi-cultural diversity and the importance of its
indigenous, European, and African cultures (Article 100);
• to provide that the government promote and develop distinct forms of businesses
and economic units of social property and social production or distribution in
order to create the best conditions for the collective and cooperative construction
of a socialist economy (Article 112);
• in addition to private property, to add several new classifications for property –
public, social, collective, and mixed (Article 115);
• to remove the presidential two-term limit, and extend the presidential term from
six to seven years (Article 230);
• to state that the socioeconomic system of Venezuela is founded on socialist and
anti-imperialist principles, among others (Article 299); and
• to eliminate the independence of the Central Bank, which would include putting
international reserves under the administration and direction of the President
(Article 318).
Among some of the proposals for constitutional changes included in Block B of the referendum were the following amendments:
• to prohibit discrimination based on health and sexual orientation (Article 21);
• to give the President power to suspend certain constitutional rights, such as the
right of information and certain rights of due process (that are protected under the
current constitution) during a declared “state of exception” (national emergency),
but prohibit the suspension of the rights to life, defense, and personal integrity or
the suspension of prohibitions against torture, being held incommunicado, or
disappearance (Article 337);
• to remove the time limitation for a declared state of exception (Article 338);
• to increase the percentage of signatures required for citizens to initiate
constitutional amendments from 15% to 20% of those on the electoral registry
(Article 341).
In August 2007, Venezuelan President Hugo Chávez announced his proposals for constitutional reform that would alter 33 of the 350 articles of the 1999 Venezuelan constitution, and that he claimed would move Venezuela toward a new a model of development known as “socialism in the 21st century” embracing participatory democracy and a mixed economy. According to the Venezuelan government, the purpose of the reforms was to speed the redistribution of Venezuela’s oil resources to benefit the poor; de-centralize political power to grant citizens more direct say in their affairs; and outline the legal foundation of a new, more equitable model of development and democracy.33 Venezuela’s National Assembly debated the proposals in three rounds, and ended up adding reforms to amend 36 additional articles for a total of 69 constitutional amendments that were finalized by the Assembly on November 2, 2007.
The amendments were subject to a public referendum held on December 2, 2007, with the 69 reforms split into two parts. Block “A” consisted of amendments to 46 of the constitution’s articles, including the 33 reforms proposed by Chávez and 13 proposed by the National Assembly. Block “B” consisted of amendments to 23 articles proposed solely by the National Assembly.
Among some of the proposals for constitutional changes included in Block A of the referendum were the following amendments:
• to lower the voting age from 18 to 16 years of age (Article 64);
• to prohibit foreign financing of associations with political goals, and provide for
government financing of electoral activities (Article 67);
• to decrease the workweek from 44 to 36 hours and the workday from 8 hours to 6
hours (Article 90)
• to recognize Venezuela’s multi-cultural diversity and the importance of its
indigenous, European, and African cultures (Article 100);
• to provide that the government promote and develop distinct forms of businesses
and economic units of social property and social production or distribution in
order to create the best conditions for the collective and cooperative construction
of a socialist economy (Article 112);
• in addition to private property, to add several new classifications for property –
public, social, collective, and mixed (Article 115);
• to remove the presidential two-term limit, and extend the presidential term from
six to seven years (Article 230);
• to state that the socioeconomic system of Venezuela is founded on socialist and
anti-imperialist principles, among others (Article 299); and
• to eliminate the independence of the Central Bank, which would include putting
international reserves under the administration and direction of the President
(Article 318).
Among some of the proposals for constitutional changes included in Block B of the referendum were the following amendments:
• to prohibit discrimination based on health and sexual orientation (Article 21);
• to give the President power to suspend certain constitutional rights, such as the
right of information and certain rights of due process (that are protected under the
current constitution) during a declared “state of exception” (national emergency),
but prohibit the suspension of the rights to life, defense, and personal integrity or
the suspension of prohibitions against torture, being held incommunicado, or
disappearance (Article 337);
• to remove the time limitation for a declared state of exception (Article 338);
• to increase the percentage of signatures required for citizens to initiate
constitutional amendments from 15% to 20% of those on the electoral registry
(Article 341).
Source: Venezuela: Political Conditions and U.S. Policy by Mark P. Sullivan. Specialist in Latin American Affairs. July 28, 2009. Congressional Research Service
www.fas.org/sgp/crs/row/RL32488.pdf
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