A previous article said major
surgery for any reason is daunting. Four times for the same illness in 18 months
present special challenges.
Chavez struggles to recover. He
hopes he's cancer free. He's undergoing difficult post-operative procedures.
Reports suggest he's proceeding on track. Internal bleeding and respiratory
infection problems were corrected. More on his current status below.
It's unclear if he'll return in
time for his January 10 inauguration. A previous article said under Venezuelan
constitutional law, Article 233 states:
"The President of the Republic
shall become permanently unavailable to serve by reason of any of the following
events: death; resignation; removal from office by decision of the Supreme
Tribunal of Justice; permanent physical or mental disability certified by a
medical board designated by the Supreme Tribunal of Justice with the approval of
the National Assembly; abandonment of his position….and by recall by popular
vote."
If the President is permanently
unavailable to serve during his first four years, a new election will be held
"by universal suffrage and direct ballot" within 30 days.
"Between pending election and
inauguration, the Executive Vice President shall assume the Presidency."
"If permanent unavailability
occurs during his last two years, the Executive Vice President shall complete
the term of office."
Article 234 states:
"A President of the Republic
who becomes temporarily unavailable to serve shall be replaced by the Executive
Vice President for a period of up to 90 days, which may be extended by
resolution of the National Assembly for an additional 90 days."
"If the temporarily
unavailability continues for more than 90 consecutive days, the National
Assembly shall have the power to decide by a majority vote of its members
whether the unavailability to serve should be considered permanent."
Under Article 235, "The absence
of the President of the Republic from the territory of Venezuela requires
authorization from the National Assembly or the Delegated Committee, when such
absence continues for a period exceeding five consecutive days."
Chavez may need more recovery
time. Aides want swearing-in postponed. Venezuelans overwhelmingly elected him.
If able, they want him to serve. Constitutional interpretation has wiggle
room.
Article 231 states:
"The candidate elected shall
take office as President of the Republic on January 10 of the first year of his
constitutional term, by taking an oath before the National Assembly."
"If for any supervening reason,
the person elected President of the Republic cannot be sworn in before the
National Assembly, he shall take the oath of office before the Supreme Tribunal
of Justice."
No date is specified. National
Assembly president Diosdado Cabello said "The decision of a whole people can't
be subject to just one day, whatever the constitution may say."
"There's the precedent of a
mayor who postponed his taking on the position for three months. I don't
remember his name right now but it's a true fact. The law just can't be
interpreted so rigidly."
Venezuela's National Assembly
can extend Chavez's absence up to six months. Vice President Maduro can replace
him for 90 days. The NA can authorize an additional 90 days.
Thereafter it would decide if
absence is permanent by majority vote. Chavez's PSUV members dominate the body.
They're not about to unelect their popular leader.
At issue is whether Chavez is
healthy to serve. When swearing-in is possible appears secondary. Government
officials say he'll be sworn in on January 10 or some other date.
On December 25, the Havana
Times published Chavez's Christmas eve message. Vice President Maduro
convened his wishes.
"President Chavez asked me to
give his special greeting to all the children of Venezuela on this Christmas
eve," he said.
"He told me that he has
received with much love the prayers of our people and the sister peoples of the
world."
He added that he's doing his
post-operative exercises. He asked about government 2013 - 2019 planning
progress. Maduro said he's keeping him informed.
On December 18, Granma Internacional published Fidel Castro's
letter to Vice President Maduro. It was read during ALBA's 8th anniversary
commemoration.
"Dear Nicolas Maduro," it
said.
"To mark the anniversaries that
you are celebrating today I wish to express the following to you: The absence of
the President elected by more than eight million Venezuelans moves us
all."
"I met Hugo Chávez exactly 18
years ago. Someone invited him to Cuba and he accepted the invitation. He told
me that he was thinking of asking for an interview with me."
"I was far from imagining that
those soldiers branded as coup plotters by the news agencies, who sowed their
ideas with so much discretion for years, were a select group of Bolivarian
revolutionaries."
"I waited for Chávez at the
airport, took him to where he was staying and talked with him for hours,
exchanging ideas.
The following day, in the
University of Havana’s Aula Magna, each one of us expressed our ideas."
"Our conceptions differ in
aspects which are far removed from political ideas and principles. We do not
even discuss those conceptions."
"Our medical cooperation with
Venezuela began as a result of the Vargas tragedy, in which thousands of people
died as a consequence of the abandonment and lack of foresight experienced by
the poorest population of this state."
"For its part, Venezuela has
shown particular solidarity with the peoples of the Caribbean, Central America
and South America.
It has developed strong links
with Bolivia, Ecuador, Brazil, Uruguay, Argentina and other nations."
"It has cultivated relations
with Russia, Belarus, Ukraine and other republics of the former USSR. It has not
forgotten Palestine or Libya."
"It pays special attention to
its economic links with China. It stands in solidarity with the peoples of
Africa. It practices a policy of peace with all countries."
"The name of Hugo Chávez is
admired and respected throughout the world. Everyone, even many of his
adversaries, wishes him a prompt recovery. The doctors are fighting with
optimism for this objective."
"As is known, all Cuban
revolutionaries are followers of Martí and Bolívar. I have the certainty that,
with him and however painful his absence, all of you will be capable of
continuing his work."
"¡Viva Hugo Chávez!
¡Hasta la victoria
siempre!
Fidel Castro Ruz"
On December 25, the London Independent headlined "Venezuelan
President Hugo Chavez 'improving' after surgery," saying:
Maduro spoke to him by phone.
He's up and walking. He's exercising. His spirit is positive.
Venezuelan officials gave
"little specific information on (his) condition or his long-term
prognosis."
On December 24, AP said Bolivia's Evo Morales was largely
"silent" after visiting him in Havana last weekend. His stay was short. He came
to express support.
On return to Bolivia, he said
nothing further. Maduro and several cabinet ministers attended a Christmas eve
mass. They assured Venezuelans that recovery is proceeding on course.
He suggested Chavez may not
return by January 10. Attorney General Flores says constitutional authority lets
the Supreme Court administer oath of office any time at its discretion if the
National Assembly can't do it.
"Those who are counting on that
date, hoping to thwart the Revolution and the will of the people, will end up
frustrated once again," she said.
"What we have is a president
who has been re-elected. He will take over, will be sworn in on that day, or
another day. That is a formality."
Caracas District head Jaqueline
Farias said "we are very happy because each hour (Chavez shows) signs that he is
overcoming this phase of" his surgery.
Another Chavez supporter said
Venezuela without him is "like a ship without a rudder." Venezuelans hope he'll
recover, return, and continue leading the country.
On December 25, Maduro told
them to "let January 10 arrive, and don't fall victim to speculation. The people
reelected a president on October 7, and that's Chavez. The rest is
speculation."
"What is certain is that the
president has a leave of absence granted by the National Assembly to attend to
his health."
"If this leave of absence has
to be extended beyond January 10, the constitution will be activated and surely
his swearing-in would take place before the Supreme Court" on an unspecified
date.
Opposition lawyer Ricardo
Antela says postponing swearing-in is possible if "by (January 10) there was a
medical guarantee, publicly supported by the National Assembly, that the
president will recover, and a new date is decided on."
Dubious reports circulate about
Chavez's health. Some say he had a tracheotomy. Others suggest he needs
artificial respiration. His condition is worsening. Liquid accumulated in his
lungs, and/or he has a serious renal deficiency.
Maduro said his daily routine
proceeds normally. Healing takes time. Chavez underwent six complicated hours of
major surgery. Perhaps weeks more recovery time is needed. Most Venezuelans want
him back no matter how long it takes.
Stephen Lendman lives in
Chicago and can be reached at lendmanstephen@sbcglobal.net.
His new book is titled "Banker
Occupation: Waging Financial War on Humanity."
Visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished
guests on the Progressive Radio News Hour on the Progressive Radio Network
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posted by Steve Lendman @ 3:06 AM
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