That should probably be corrected to "reforms" for greater accuracy.
Also, a thank you to Adrian Laguna of SDN for the translated versions (courtesy of Google Language tools). He also notes that the Venezuelan constitution has 350 articles and now 58 amendments are going to be added.
The report of the 33 items that make up the presidential proposal to reform the Constitution, 27 have been modified by the Joint Commission and six fared respected the wording of the Head of State. The chairman adjourned the meeting to reconvene this Wednesday at 2 pm
Caracas: 16-10-2007 Caracas: October 16, 2007
In accordance with article 343 of the Constitution, the plenary of the National Assembly began the third discussion of the draft constitutional reform, approved until 10 pm on Tuesday to Article 64, including text by the Joint Commission the proposal submitted by the President on August 15. The chairman adjourned the meeting to reconvene this Wednesday at 2 pm.
The report of the 33 items that make up the presidential proposal to reform the Constitution, 27 have been modified by the Joint Commission and six fared respected writing to the Head of State
Juan Jose Molina on behalf of indicated that we consider important to order the imprimase and distribúyase the report for being the headquarters of the House of the National Assembly session, is where it should be given this regulatory requirement
The chairman responded that the body in the act made in yesterday at the Teatro Teresa Carreño, was given the imprimase and distribúyase, however, a vote the proposal by Mr Molina was denied, then was ordered to read article 343 of the Constitution related to the method of discussion of his own reform.
Besides Mrs Flores said he was confined for the explanation of rules of procedure and debate in Parliament, which provides an initial seven minutes and a second 5 minutes.
For its part Ismael Garcia stressed that the procedure for a third discussion is a violation of the constitution, arguing that will be discussed according to the report, two reform projects. "We were deputies in all discussions of the reform, according to Article 343, since neither titles and chapters relating to Article 337 were discussed in either first or second discussion."
Carlos Escarrá said that the procedure of the constitution is three discussions, and as has been indicated in the Article 208 states will be conducted as the first and second discussion, which was not done article by article, and the third states that will be article by article, "we have to clarify that we are not changing or titles, and chapters."
Also said he regretted to inform Garcia that this is one reform, because what is happening to the CNE is the project approved by the National Assembly, "and what is included is what was collected in the public consultation, we would be betraying the people power, but we had included his proposals. Therefore, I ask that starts the discussion. "
At 15 will start the consideration of Article 11, which is part of the presidential proposal, which was amended by the Joint Commission provides "full sovereignty of the Republic is exercised throughout the national territory, continental, sea and air , as well as in all geographic areas: mainland, islands, lakes, rivers, territorial sea, marine interiors, and historic and vital within the straight baselines taken or adopted by the Republic; the soil and subsoil they; airspace continental, insular and maritime resources, and they are, including genetic resources, migratory species, derived products and intangible components that there are natural causes.
The insular space of the Republic includes the archipelagos of: Los Monjes, Las Aves, Los Roques, La Orchila, Los Hermanos, Los Frailes and The Witnesses; Islands: Margarita Island, Rent-La Tortuga, La Blanquilla, La Sola , ducks and birds, plus the islands, islets, cays and banks located or emerge within the territorial sea, which covers the continental shelf or within the boundaries of the exclusive economic zone.
About aquatic areas consisting of the contiguous maritime zone, the continental shelf and exclusive economic zone, the Republic exercises exclusive rights of sovereignty and jurisdiction on such terms, and conditions for extending public international law and the law.
They correspond to the Republic rights in outer space suprayacente, including geostationary orbits and in the respective areas which are or may be the common heritage of mankind, in the terms, conditions and extent determined by the international agreements and national laws.
Authorities also may order special contingency situations, or any other disaster requiring immediate intervention and strategic state. "
Julio Garcia Jarpa, who explained the reasons include geostationary orbits as part of the rights in the space of the Republic, as well as Manuel Briceno Mendez, Edgildo Palau, Juan Jose Molina, Ricardo Gutierrez, Juan Marin, Luis Gamargo, Oscar Figuera, who stressed the extensive participation of the people in the discussion of reform, acotando that this story was a thorough discussion, adding that proposed to delete the phrase "common heritage of mankind", since in his view can be used by imperialist countries to done territories.
Interventions
Ricardo Gutierrez (Podemos / Portuguese), which raised the plenary began the third and final discussion of the constitutional reform without having complied with the process of ordering the printing and distribution of the report prepared by the Joint Commission, as provided in Article 149 of Regulation Interior and Debates of the AN.
Believes that in the third discussion of the reform parliament should bring the proposals submitted by the Head of State, where there are things that support and reject others, but they have been surprised by the inclusion of 25 new items in this project, where many of them unrelated to the 33 who introduced President Chavez.
Eustoquio Contreras (Guarico), stated that it is untrue that in the discussion of this reform is to violate the Constitution, considering that the debate is of a legal nature, but also political content, why reform is projected at the prospect of shaping changes required by the country.
He also indicated that if we want to advance the revolutionary process in the country must adapt the Constitution to them to move towards socialism that from the beginning has been the leader of online programming process, as is the President Chavez.
Ismael Garcia said it will use the right word as many times as necessary, taking up what has been stated by Ricardo Gutierrez on 151 of the rules of procedure and debate, insisted that being compared to two constitutional reforms, the Head of State and of the Joint Commission. “Article 343 was violated because this quote said that the draft constitutional reform will have a first discussion, a second of titles and chapters, which were not included the new texts raised."
Affirms that is not under discussion participation of the people or not, but ignorance of the 33 articles proposed by President Chavez and more of the 25 submitted by the Joint Commission, "you can not run a debate, we are not discussing whether we whether or not a process or a government, but constitutional reform. We believe that there is violation of the Constitution and we will do what we have to do through the mechanisms that allow us to the rule of law. "
Also involved Eustoquio Contreras and Juan Mendoza who argued that the matter was sufficiently discussed Article 11 and therefore ask for your vote, and submitted for consideration by the House becomes approved, the vote can be saved, through the deputy Hermes Garcia.
Unit political primary
Moved to the consideration of Article 16, related to the primary political unit, the communes, which states: "The national territory consists, for political and according to the new geometry of power by a Federal District, to be based capital of the Bolivarian Republic of Venezuela, by the states, the maritime regions, the federal territories, municipalities and the federal district island.
The states are organized into municipalities.
The primary political unity of the territorial organization will be the national city, understood as any settlement within the municipality, and composed of extensions or geographic areas known as communes. The communes are cells geohumanas territory and will be shaped by the communities, each of which will constitute the core kernel space and indivisible state Socialist Venezuelan, where common citizens will be able to build their own geography and its own history, respecting and promoting the preservation, conservation and sustainability in the use of resources and other environmental objects.
Based on the community and the commune, the People develop forms of aggregation politicoterritorial Community, which will be governed by national law, and constitute forms of self-government and any other expression of direct democracy.
City Communal establishing when its entire perimeter, have been established organized communities, the communes and communal municipality, and will be created by the President of the Bolivarian Republic of Venezuela, with the approval of the majority of Members of the National Assembly members. The President of the Republic, the Council of Ministers, with the agreement of the majority of Members of the National Assembly members, may establish by decree, communal cities, federal provinces, cities and districts federal functional, as well as any other previous to establish this Constitution and the law.
The functional districts will be created in accordance with the historical, socio-economic and cultural geographical area concerned, based on the economic potentials that since they needed to develop to the benefit of the country.
Creating a Functional District involves the development and activation of a Mission District Strategic Plan with the respective functional by the government with the participation and consultation with its inhabitants.
The District Functional can be formed by one or more municipalities or territorial lots of them, without prejudice to the State to which they belong.
The organization and operation of the Federal City shall be in accordance with what is provided for by law, and involves the activation of a mission with a corresponding Local Strategic Development Plan.
In the Federal Territory, the Federal Town and the City Federal, the National Executive designate the respective authorities, upon approval by a majority of the Members of the National Assembly members, for a maximum period to be established by the law. The provinces settle federal units as aggregation and policy coordination territorial, social and economic regionally, always according to the national strategic plans and the international strategic approach of the Venezuelan State.
The provinces will be able to add federal states and municipalities alike, but they are undermined at the powers that the Constitution gives them.
The organization politicoterritorial of the Republic is governed by an organic law.
It should be noted that the text proposed by President Hugo Chavez stated that the validity of federal territories and municipalities would be subject to referendum approval in the respective entity, as well as for the creation of communal cities.
Carlos Escarrá (Aragua), indicated that article 16 contains elements of the new geometry of power, as the federal states, municipalities federal, which is not to undermine the autonomy of the states and municipalities, where it is the most important area People's Power, which will be represented by the communes and towns communal.
He said that the political development of the country up to this time was similar to that existing in the colony, and now with the approach presented by President Chavez began the development of strategic plans to move towards socialism allowing greater social felicidad the entire population.
Wilmer Churches PPT / Merida) expressed support for the content of the proposal.
Ismael Garcia (Podemos / Aragua), noted that the current geometry of this decentralized power and at the moment we need a new geometry of power, but that the new spaces are established people should take an active role in the appointment of authorities them, because otherwise it would be removing the power of participatory population.
In opposing that the article provides that the Head of State is the person who designate the authorities of these new spaces of the geometry of power, clarified that we are not defending or mayors or governors, but a draft long-range country where people can elect their authorities.
Dario Vivas (Capital District), said that in the discussion of this article were conducted extensive consultations with the population, an action that came to assist the Joint Commission in the new wording that has been given to the rule, complying with the request of President Chavez traveled across the country to hear the cries of people.
Also clarified is that the communities that build communes and are clustering them with the training that will form territorial politician in the country, besides the new territorial reorganization should be directed to the country's development.
Arcadio Montiel (Podemos / Zulia), believes that the new geometry of power is to consolidate the national territory, but in the article there is some aspects with which you disagree, as is the creation of the Federal District, which would if the seat Nacional del Poder, where authorities be appointed by the Head of State.
Manuel Briceno (Merida), believes that the development of the proposed article 16 becomes a new political territorial management, in addition to decentralize the activities of the governorates
Oscar Figuera (PCV / Aragua), pointed out that regardless of the comments that may have the content of the article, it must take into account the process in the country, which should bring down a series of obstacles that comes slowing progress towards socialism.
Finally stated that the Communist Party supports the content of the article referred to the new geometry of power, which is proposing the leader of the revolutionary process in the country ..
At 6:30 pm accepted, the proposal for Article 16 by a qualified majority, after the intervention of 14 members of parliament, with voting can be saved, through the deputy Hermes Garcia, however Congressman Gil Malachi, this political organization informed the House to vote under Article 201 which relates to vote conscience, and therefore supports the editorial aware of it as Article 16.
He was also received by the plenary of the proposed second vice president of parliament, Roberto Hernandez added to the Federal District within political organizations whose administrative authorities are designated by the National Executive, subject to approval by a majority of deputies members of the AN.
Without Discrimination
In Article 18, states that "The city of Caracas is the capital of the Bolivarian Republic of Venezuela and the seat of the organs of National Power.
The provisions of this article shall not prevent the exercise of National Power referred elsewhere in the Republic.
The Venezuelan government will develop a comprehensive policy to articulate a National System of Cities, and reasonably logical structuring the relationship between cities and their associated territories and uniting and supporting local and regional scales in the systemic vision of the country.
To that end, the State will face any action regarding speculative income from the land, economic imbalances, the imbalances in the provision of services and infrastructure, as well as on the conditions of accessibility, physical and economic, each of the components the aforementioned National System of Cities.
All citizens and all citizens without discrimination of ethnic, gender, age, sex, health, political orientation, sexual orientation, religion or social status, enjoy and will be entitled to the city, and that right must be understood as a benefit equitable earned each of the inhabitants, according to the strategic role that the city divided, both in the urban context regional and the National System of Cities.
The National Power, through the Executive Branch and with the cooperation and participation of all entities of the National government, and Estadal Municipal, as well as People's Power, their communities, commune councils and other social organizations, will provide all necessary for the urban reorganization, restructuring road, environmental recovery, expected to optimum levels of personal and public safety, strengthening integrated neighborhoods, neighborhoods, health systems, education, sport, recreation and culture, full recovery of its hull and historic sites, construction of a system of small and medium-sized cities along their axes territorial expansion and, in general, achieve the greatest possible amount of humanization in the birthplace of Simón BolÃvar, the Liberator, and Queen of Warairarepano.
These provisions are applicable to all National System of Cities and its regional components. "
This text was accepted the proposal by Mr Oscar Figuera adding "the State will give priority to the social function of urban land."
In his discussion intervened Members Desiree Santos Amaral, Juan Carlos Dugarte, Oscar Figuera, Hermes Garcia and Earle Herrera.
The first vice president, deputy Desiree Santos Amaral (Capital District), indicated that this article has become the realization of old yearnings of those who for many years have defended the city of Caracas, and that it creates a national system of cities face speculation on the sale of land, contrary to social justice and to what the Magna Carta in its fundamental principles.
He assured that it demonstrates the concern of the Head of State by the country's development, especially in the capital, which is to increase community participation in the development of the city of Caracas, and can return to its glory and constituting in a security so that people can have more happiness.
Gender
Article 21 was approved at 8 and 45 o'clock in the evening, with the proposal made by the deputy Obdulio Camacho, included in the first paragraph of non-discrimination by gender, age, political orientation, social and religious
Congressman Garcia Hermes for its part can be saved by the vote, arguing that although they agree with its content, are forced to vote no on the ground that is violating the Constitution itself. EThis approval vote was deputy Malachi Gil.
It should be noted that in the discussion of this text intervened 11 parliamentarians; Iris Varela, Juan Jose Molina, Angel Rodriguez, Douglas Gomez, Carmen Alvarez, Obdulio Camacho, Ismael Garcia, Alfredo Murga, Flor Rios, Aiden Pirela and Noeli Pocaterra.
Specifically, the article states: "All persons are equal before the law; Accordingly:
1. It prohibits discrimination based on ethnicity, gender, sexual orientation, creed, social status, health, or those who, in general, have as their object or effect of nullifying or impairing the recognition, enjoyment or exercise on an equal footing , the rights and liberties.
2.The law guarantees the legal and administrative conditions for equality before the law real and effective, take positive action on behalf of persons or groups who may be discriminated against, marginalized or vulnerable; Protect especially to those who for one of the conditions before as specified, are in fact manifest weakness and punish abuse or maltreatment that are committed against them.
3. Only the treatment will be given formal citizen, except diplomatic formulas.
4. It recognizes titles of nobility or hereditary distinctions.
The deputy Iris Varela (Tachira), noted that the amendment to article is that the country is being implemented discriminatory practices, where in some places they prohibit entry to people according to the clothing using, which has never been punished.
He stressed that assembly is required to submit legislation to punish all those who try to implement any discriminatory action, because the struggle for socialism, a society of equals. We also clarified that all proposals made by the people have been accumulated from the best way to adapt to the welfare of the people, in addition to all 25 new articles including the Joint Commission are concatenated to the draft presented by President Chavez.
Carmen Alvarez (Miranda), in supporting the content of the article which prohibits any kind of discrimination against individuals and society, adding that should previligiar collectively about what individual.
The deputy Obdulio Camacho (Merida), noted that the entire village was consulted on the 33 articles of the reform put forward by President Chavez, adding that the consultation processes in the village presented some considerations that were taken into account and therefore have presented in the group of 25 new articles.
Voting Age
By simple majority also approved Article 64, including the Joint Commission, which provides: "They are voters or voters all Venezuelans who have reached sixteen (16) years of age and who are not subject to civil or disqualification interdiction policy.
The vote for the municipal elections and state will be extended to foreigners or foreign who have attained 16 years of age, with more than 10 years of residence in the country, with the limitations set forth in this Constitution and by law, and not subject to his civil or political disqualification. "
Alberto Castellar (Falcon), said that the amendment of this provision was proposed by a large majority of young Venezuelans, and represents the expanding range to exercise the constitutional authority to be able to vote.
He clarified that the National Assembly is not introducing a new constitution, but repotenciando the Magna Carta of 1999, where students revolutionaries of the Middle and Secondary Education, have been asking to participate in the changes that are being made in the process led by the Chief State and that the proponent of reform as parliament had accepted.
MarÃa de Queipo (Zulia), noted that the topic of youth is one of the most important for the Venezuelan revolutionary process, where the capitalist system were kept drowning and now are given the opportunity to participate in the destiny of the country.