President Maduro Signs ‘State of External Unrest’ Decree in Response to US Threats

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Caracas (OrinocoTribune.com)—President Nicolás Maduro signed the Decree on External Unrest to protect Venezuela’s territorial integrity, sovereignty, and independence against external aggression. The decree was announced on Monday by Vice President Delcy Rodríguez.During a meeting between the National Council for Sovereignty and Peace and the diplomatic corps, Rodríguez said the decree grants the president special powers to act on defense and security in the event of an external military attack.“The External Unrest decree seeks to protect the territorial integrity, sovereignty, and independence, the vital and strategic interests of our Republic, against any aggression that threatens our nation,” she explained.Rodríguez announced that the presidential decree would be activated immediately if the US militarily attacked Venezuela. In that scenario, President Maduro would have “special powers” to mobilize the Bolivarian National Armed Force throughout the country, immediately take over public service infrastructure and basic companies to guarantee their “full operation,” and activate “all citizen security plans.”The president could also take measures such as closing land, sea, and air borders to protect Venezuela’s territorial integrity.Rodríguez stated that President Maduro signed the decree in accordance with Article 236 of the Venezuelan Constitution. According to the constitution, the decree—part of the chapter covering “States of Exception”—requires approval by the Council of Ministers, submission to the National Assembly for consideration, and a constitutional review by the Constitutional Chamber of the Supreme Court of Justice within eight days.Furthermore, Rodríguez warned that “no one, inside or outside the country, will be allowed to promote, support, facilitate, or advocate for external military aggression against Venezuela and would be judged according to the laws of the Republic and with the full guarantees of the Constitution.”“Enough with the extremists,” the official added, explaining that this measure is part of the defense mechanisms studied by the executive branch.States of exception in Venezuela and the regionSince the approval of the Venezuelan constitution in 1999 with the arrival of the Bolivarian Revolution, the country’s socialist leaders have largely refrained from using state of emergency decrees, despite them being contemplated in the constitution and numerous instances of US-led far-right violence and coup attempts.The only states of exception enforced in Venezuela during the socialist revolution have been those related to the COVID-19 pandemic and an economic emergency resulting from US sanctions.Meanwhile, in Latin America, states of emergency have been common practice in the last decade, particularly in US-supported governments. Examples include El Salvador from 2022 to date; Ecuador on multiple occasions; Chile in 2019; Peru in 2022 and 2023 after the coup d’état against President Pedro Castillo; Colombia in 2021 during national strike protests; Mexico for several years in specific regions; and Honduras from 2014 to 2022.Venezuela to Declare State of External Unrest After Trump Vows to Blow President Maduro ‘Out of Existence’Legal frameworkThe following constitutional text supports the Venezuelan president’s announcement:Article 338A state of alarm may be declared when catastrophes, public calamities, or other similar events occur that seriously endanger the security of the nation or its citizens. Such a state of exception shall last for up to 30 days and may be extended for an additional 30 days.A state of economic emergency may be declared when extraordinary economic circumstances arise, such as those that seriously affect the economic life of the nation. The duration of this state of emergency shall be 60 days, with the possibility of extension for the same period.A state of internal or external commotion may be declared in the event of an internal or external conflict seriously endangering the security of the nation, its citizens, or its institutions. Such a state of commotion shall last for up to 90 days and may be extended for an additional 90 days.Article 339The decree declaring a state of exception, which shall provide for regulating the right whose guarantee is restricted, shall be submitted within eight days of promulgation for consideration and approval by the National Assembly or Delegated Committee and for a ruling by the Constitutional Division of the Supreme Tribunal of Justice on its constitutionality. The President of the Republic may request its extension for a similar period. The declaration of a state of exception does not interrupt the functioning of the organs of the Public Power.According to the Venezuelan Law on States of Exception’s Article 14, a state of external commotion may be declared “in case of an external conflict that seriously endangers the security of the nation, its citizens, or its institutions.”The decree, issued by President Maduro during a Cabinet meeting, would initially last up to 90 days and is renewable for another 90 days with National Assembly approval. During this period, the executive branch may adopt extraordinary measures that temporarily limit some constitutional guarantees. However, fundamental rights, such as the right to life, personal liberty, and due process, are explicitly protected. Special for Orinoco Tribune by staffOT/JRE/SF