Arrow Left Arrow Right Camera icon set icon set Ellipsis icon set Facebook Favorite Globe Hamburger List Mail Map Marker Map Microphone Minus PDF Play Print RSS Search Share Trash Twitter Video Camera Youtube
Venezuela: “Zero hour”
Venezuela: “Zero hour”
A Venezuelan soldier stands guard next to people forming a line to try to buy cornmeal flour and margarine at a pharmacy in Caracas, 15 March 2016. REUTERS/Carlos Garcia Rawlins

Venezuela: Edge of the Precipice

Venezuela is in full-fledged crisis: food and medicine are scarce, violent crime is surging, and the government is blocking democratic ways forward. The international community and the Organization of American States should press for political dialogue, the opening of legal paths to a presidential recall referendum in 2016, and permission for humanitarian aid to enter the country.

  • Share
  • Save
  • Print
  • Download PDF Full Report

I. Overview

In December 2015, President Nicolás Maduro immediately recognised the opposition Democratic Unity (MUD) coalition’s resounding legislative election victory. For the first time in over sixteen years, the prospect arose of political cohabitation between the alliance led by the ruling United Socialist Party of Venezuela (PSUV) and its opponents, and with it a unique opportunity to resolve the protracted political crisis by peaceful and democratic means. The government, however, has chosen confrontation, using control of the judiciary and other nominally autonomous branches of state to neutralise the opposition’s control of the National Assembly. The MUD seeks a recall referendum, which the constitution allows after the mid-point of any elected term of office. With battle-lines drawn, both sides treat many of the other’s decisions as legally and practically null and void. The government should cease efforts to block the referendum, and the international community should insist on a timely and effective dialogue with facilitators acceptable to both sides.

Related Content

The conflict of powers is all the more damaging because the economic and social crisis has worsened significantly. The World Bank estimates that 2016 GDP will decline by over 10 per cent, and the International Monetary Fund (IMF) that inflation will approach 500 per cent in 2016 and more than 1,500 per cent in 2017. With no wage indexation, the population below the poverty line is growing fast. Food and other basic goods are scarce, and most Venezuelans cannot afford to buy enough if they can find them. The health service is close to collapse, with most vital medicines unavailable and hospitals experiencing a sharp increase in patient deaths. Most citizens spend hours every day queueing for price-controlled goods, with no guarantee of success. The government has refused to allow donors, private or public, to send food or medical aid, arguing that pressure to do so is a cover for foreign intervention so as to damage its reputation and ultimately remove it.

It has been apparent for some time that without some form of international engagement the crisis is unlikely to end peacefully and constitutionally. The government is doing all it can to hinder the MUD’s efforts to cut short the Maduro presidency by legal means. If a recall referendum is not held this year, it would lose much of its effectiveness, since the constitution provides for the vice president to take over if the president leaves office in the last two years of his term, which ends in January 2019. If, however, Maduro was removed by referendum in 2016, a presidential election would be required in 30 days. If it produced a MUD successor, the response of Chavista loyalists might pose serious governability problems.

The secretary general of the Organization of American States (OAS) has called for application of the Inter-American Democratic Charter, which provides for diplomatic initiatives, including good offices, in the event of an interruption of the democratic order in a member state. Simultaneously, two former Latin American presidents and a former Spanish premier, at the request of the Union of South American Nations (UNASUR) and endorsed by the June 2016 OAS General Assembly are seeking to promote a government-opposition dialogue. The former Spanish premier, José Luis Rodríguez Zapatero, briefed the OAS Permanent Council on 21 June on the exploratory stage of those efforts. No agreement has been reached on when that dialogue might actually start, and the MUD has described it as “thus far non-existent” and “convened by only one side”. The Council is scheduled to meet on 23 June to discuss the secretary general’s report.

To prevent an undemocratic, possibly violent outcome and facilitate an immediate solution to the rapidly worsening humanitarian crisis:

The government should

  • declare a humanitarian emergency and permit delivery of external food and medical aid and its distribution by non-governmental agencies;
     
  • refrain from using the Supreme Court to neutralise the elected legislature and permit a peaceful electoral solution to the political crisis by allowing the National Electoral Council (CNE) to exercise its constitutional role; and
     
  • free all political prisoners, allow political exiles to return without reprisals and engage in direct, effective, and timely dialogue with the opposition.

The MUD and National Assembly leadership should

  • prioritise national interest over partisan objectives;
     
  • maintain their declared commitment to peaceful, constitutional resolution of the crisis; and
     
  • make every effort to pursue an effective dialogue with the government.

The regional community should

  • insist that the government permit emergency food and medical aid and prepare a thorough assessment of principal humanitarian needs and how to meet them;
     
  • examine the crisis in the framework of the Inter-American Democratic Charter and urgently assist in restoration of constitutional norms and rule of law; and
     
  • support efforts to pursue a structured, timely dialogue between the two sides and press the CNE to follow the constitutional timetable for a 2016 recall referendum.

Caracas /Brussels, 23 June 2016

Venezuela: “Zero hour”

As the Venezuelan government prepares to create an all-powerful constituent assembly to replace the country’s democracy, unrest is likely to reach new levels of violence. In this excerpt from the Watch List 2017 – Second Update early warning report for European policy makers, Crisis Group urges the European Union and its member states to support regional actors’ efforts to bring about genuine negotiations while insisting on the restoration of constitutional rule.

This commentary is part of our Watch List 2017 – Second Update.

Venezuela approaches a key moment in its protracted political crisis: the government is preparing to replace the country’s ailing democracy with a full-fledged dictatorship by means of an all-powerful constituent assembly, due to be elected on 30 July under rules that effectively exclude the opposition. Nearly 100 people have died in over three months of street demonstrations across the country, many of them shot dead by police, national guard or civilian gunmen. Beginning a week before polling day, the army will be deployed on the streets to guard against any disruption. There is a grave danger of violence on a scale so far unseen, and a fresh wave of emigration is probably imminent. The accelerating breakdown of health services and other vital infrastructure, growing hunger and shortages of basic goods, along with surging rates of violent crime, pose an evident threat not only to Venezuelans but to neighbouring countries and the international community generally.

Democracy Dismantled

In December 2015, the opposition Democratic Unity (MUD) alliance won a two-thirds majority in the single-chamber National Assembly, but the government has used its control of the Supreme Court to block every move by parliament since then. When the opposition responded by attempting to trigger a recall referendum against President Maduro, this too was blocked, using the courts and the government-controlled electoral authority (CNE). Elections for state governors, due in December 2016, were suspended. Some opposition leaders have been banned from holding office and/or banned from leaving the country. Others have had their passports annulled and some have been imprisoned. In late March, the Supreme Court attempted to transfer to itself all the assembly’s powers, causing the once loyal attorney general, Luisa Ortega, to declare that constitutional rule had been interrupted and the Organization of American States (OAS) to invoke the Inter-American Democratic Charter, devised to deal with the breakdown of democracy in a member state.

The opposition alliance launched a campaign of mass demonstrations to demand the restoration of democracy, but the response from the government has been violent. In addition to the deaths, thousands have been injured and thousands more arrested; security forces and civilian gunmen have invaded private residences, destroying and stealing property and carrying out warrantless detentions. Hundreds have been subjected to trial by military courts, and the legal aid organisation Foro Penal puts the number of political prisoners at around 400. On 1 May, Maduro announced he was convening an assembly to rewrite the constitution. The assembly, to be elected on 30 July, will be supra-constitutional and there is no time limit on its authority. Government leaders have said it will be empowered to close down parliament, stripping members of their parliamentary immunity, and “turn upside down” the attorney general’s office, which has declined to prosecute peaceful demonstrators and charged senior military figures with human rights abuses.

With millions of illegal weapons in private hands, arming urban guerrillas might not be difficult.

Around two fifths of constituent assembly members will be elected by “sectors” (including trade union members and “communes”) largely controlled by the government. The remainder will be elected by municipality, under a system that vastly over-represents the rural areas where the government is strongest. The MUD is boycotting the election, which it says the president has no right to convene without a prior referendum. Polls suggest only around 20 per cent of the electorate intend to vote. Fringe elements in the opposition (collectively referred to as La Resistencia), frustrated with the MUD’s non-violent approach, talk in private of armed resistance. With millions of illegal weapons in private hands, arming urban guerrillas might not be difficult. Nor is the MUD itself united: while some parties support a negotiated transition, others are opposed. Despite abundant evidence of discontent in military ranks (including dozens of arrested officers), there has so far been no split in the armed forces. The officer corps would nonetheless be faced with a dilemma if the army were called on to restore public order. Such a move would inevitably bring much higher casualty figures and some would be reluctant to obey.

A ray of light came on 16 July with a massive turnout for a “consultation” of voters ordered by the National Assembly. Over seven million voted to reject the constituent assembly, call on the armed forces to obey the constitution, not the government, and mandate parliament to appoint a new Supreme Court and electoral authority and form a government of national unity. While the government sought to downplay the event, it strengthened demands both internal and external for a last-minute u-turn.

Growing Hunger

Economists project that by the end of 2017 the Venezuelan economy will have shrunk by around 30 per cent in three years. Manufacturing industries are producing at 20-30 per cent of capacity and the main farmers’ federation says only about a quarter of the normal acreage will be planted, due to lack of seeds, fertilizers and pesticides, as well as agricultural equipment. Outbreaks of mass looting in many cities have badly hit wholesale and retail food outlets, while imports of food have slumped. The government’s failure to provide enough emergency rations through its CLAP (Local Provision and Production Committee) system of food parcels has led to protests in many poorer areas. Studies show half the population living in extreme poverty. Rare official figures show an alarming increase in infant and maternal mortality. Child malnutrition rose by over 11 per cent from 2015-2016 and nutritionists are beginning to predict famine if trends continue. Shortages of essential medicines continue at critical levels and hospital infrastructure is collapsing. A shortage of vaccines has contributed to outbreaks of formerly eradicated diseases such as diphtheria, while farmers warn that livestock too is vulnerable to epidemics due to the lack of veterinary vaccines.

In the medium term there is a possibility that the Venezuelan government might collapse under the burden of an unpayable foreign debt and domestic ungovernability, although without necessarily triggering a restoration of democracy. While most analysts believe Caracas can make this year’s debt service payments, it faces a severe challenge in October/November, when around US$3.5 billion come due.

Responding to the Emergency

The OAS has so far failed to reach consensus on how to approach the crisis. A handful of mostly Caribbean states, beholden to Caracas for cheap energy supplies and other benefits, have blocked what they call an excessively “interventionist” approach. Without a split in the government (and in particular the military), the constituent assembly plan appears unstoppable, and further violence is likely; the 8 July release into house arrest of opposition leader Leopoldo López notwithstanding, the government’s attitude does not appear to have changed.

Still, concerned governments nonetheless should prepare a negotiating structure for when conditions change. In this context, the European Union (EU) should back a proposal by a large group of OAS members, including the U.S., Canada, Mexico, Peru and Colombia, to form a “contact group” comprising four or five governments agreed on by both sides to the conflict; its goal would be to promote negotiations aimed at averting more violence and restoring democracy. This group probably would have to be created outside the formal framework of the OAS. The EU and EU member states with close ties to the region (in particular to the Caribbean) should use their influence to widen support for this proposal, especially among OAS countries close to the Maduro government.

In addition, the EU, with regional governments in the lead, should develop a concerted response and attempt to bring Russia and China on board insofar as they have greater leverage over Caracas and hold large quantities of Venezuelan debt. Involvement by either or both of these countries in a plan to avert violence and promote genuine negotiations would have a major positive impact. On 16 July, Colombian President Juan Manuel Santos reportedly sought Cuban government support for a regional plan to resolve the crisis. As Venezuela’s closest ally, Cuba is in a unique position to influence the outcome, and Santos’ initiative should be supported by the EU and member states.

The EU should make plain that free and fair elections and the restoration of constitutional rule are essential pre-requisites for normal relations.

As an immediate response, the EU and the wider international community should assist front-line states in dealing with the humanitarian and security consequences of the crisis. Colombia, with its delicate post-conflict situation, is highly vulnerable to refugee flows, possible border clashes if the Caracas government seeks an external distraction, and increased activity of non-state armed groups. Although the Venezuelan government has consistently rejected humanitarian aid, some NGOs have been permitted to provide small-scale humanitarian assistance on condition it is not publicised. The EU should seek ways to facilitate this process even as it continues to press publicly for aid to be allowed in.

The EU should make plain that free and fair elections and the restoration of constitutional rule are essential pre-requisites for normal relations as well as for emergency financial support. The EU and member states also should be prepared to offer advice and technical assistance to a transitional government, should one be set up. There is no quick fix for the multi-layered crisis Venezuela is facing. But inaction is no longer an option.