1. The Government of President Chávez-Frías,
together with the National Electoral Council (CNE), has undertaken
a Special Identification Plan known as 'Mision Identidad'. The
Basic Law on Suffrage and Political Participation (LOSPP) clearly
indicates that those officials participating in this Special
Plan who are simultaneously overseeing enrollment into the Electoral
Register (RE) are 'auxiliary agents' and that enrollment through
these agents must terminate six months before the electoral
process (Article 92). Therefore, all registrations in the electoral
rolls performed after February 7, 2005 by way of these 'auxiliary
agents' should be rejected.
2. The issuance of National Identity Cards has proceeded in
conjunction with a process of nationalization of foreigners
of a massive scope and over which there is an absolute lack
of adequate control. There have been cases of foreigners, such
Rodrigo
Granda, el de Gentil
Galvis-Patiño, Rubén González alias El
Chiguiro or El Comandante , who, having been granted Venezuelan
identity documents, have voted.
3. The
nationalization of foreign-born individuals has been performed
in the context of huge public concentrations of a political
and electoral nature, in the course of which the Government
of President Chávez-Frías distributes T-shirts
with the colors and symbols of the government party as political
slogans.
4. President Chávez has publicly acknowledged the political and
electoral nature of these identification processes . On
November 12, 2004 , in a speech at the Military Academy, addressing
Ministers, Members of the National Assembly, Governors, Mayors
and other supporters of his Government, he stated in relation
to this issue :
- ". I will make only one comment. The issuance of Identity Cards must be continued. We did many things well, but should we not have undertaken the issuance of identity documents, Oh my God! We would have even lost the Recall Referendum. Those people got four million votes and that should not make us feel as winners, no! The opposition, when it defeated Arias-Cárdenas, had less than three million votes - two million six-hundred thousand - and now it gets four million. Do you realize that they had the required number of signatures? That they were able to collect them? . I was always told that that they would be unable to collect the signatures, but why would they not if they managed to collect 2 million 600 thousand and only 2 million 400 thousand are required . Ah! They got 4 million" (N° 258, page 27).
5 . According to the Law on Suffrage and Political Participation (LOSSP), the Electoral Register is permanent. It must close only in the case of elections and for the preparation of electoral rolls 60 days before such elections are to be held. For last October's elections, this legal provision was not respected. The Electoral Register remained open for a longer period and no indication was given as to when it would close.
6 . Normally, of
electors included in the Electoral Register has grown around
11 % every five year, that is to say between elections. Nevertheless,
between July 10 and 28, 2004, according to official numbers
by the National Electoral Council, the number of electors went
from 12.518.812 to 14.037.900, an increase of 12,9 % in only
an 18 day period, and of nearly 20 % in comparison to the last
presidential election held in 2000.
7. In violation of the Law on Suffrage and Political Participation, the
National Electoral Council proceeded to unilaterally
move electors from one electoral circumscription to another.
Such a change, or migration, was performed without the elector's
consent (Art. 69 of the LOSSP) In the case of presidential elections
or of consultative or presidential recall referenda, such migrations
may not be of significance, but in the case of local or regional
elections, such the August 2005 local elections and the coming
December 2005 congressional elections, they are of critical
significance. In such cases, a difference of only a few hundred
votes may change the result of an election.
8. Another violation to the law undertaken by the National Electoral Council
has to do with modifications to the electoral
circumscriptions. SUMATE has estimated that changes introduced
to electoral circumscriptions in more than 19 states and more
than 80 municipalities involve, based on population data projections
by the National Statistics Institute INE), more than 30 % of
the estimated population. Under no circumstances can such alterations
be considered 'minimal', as recently indicated by the President
of the National Electoral Council, Jorge Rodríguez. They
are also illegal in as far as they are not based on projections
approved by the National Assembly nor performed within the time
frame required by Article 6 of the Law on Suffrage and Political
Participation.