Tag Archive | "Venezuela"

Source: BBC World

CITGO: Where Big Business meets National Crisis

Source: BBC World

Source: BBC World

Turmoil in Venezuela has been an ongoing reality for the past several years and one company in particular is now caught in the crosshairs between their own government’s bad behavior and world-wide sanctions and condemnation. Citgo is the U.S. subsidiary of the state owned Petróleos de Venezuela, S.A (PDVSA) in Venezuela, which is wholly owned by Venezuelan President Nicolás Maduro, whose past election was marked by widespread ballot and voter fraud.[1] Citgo is also, “the eighth largest US refiner, with a 750,000-barrel-per-day refining network capable of supplying 4 percent of the country’s fuel through a network of some 5,000 gas stations in 30 states.”[2]

Last month Washington recognized opposition leader Juan Guaidó, the leader of the National Assembly, as the rightful head of state, as opposed to Maduro.[3] The U.S. had found themselves not in ideal company by failing to denounce Maduro. Most countries either support Guaidó or are calling for new fair elections in Venezuela, the only outliers being those with more authoritarian regimes themselves, such as China, Russia, Iran, Syria, Turkey and Cuba.[4] Previously, the U.S. has been taking the route of applying smaller sanctions targeted at government officials and smaller sectors of the economy.[5] Recently, more sweeping regulations finally targeting the oil industry in Venezuela will by far hurt Maduro the most, as Maduro owns most of the oil industry through PDVSA and the petroleum industry makes up more than 90% of the government’s revenues.[6] Furthermore, because the U.S. makes up about 41% of Venezuela’s oil exports, this sanction is substantial enough to hurt Maduro and his government.[7]

However, the U.S. is relatively late to the game in its decision to rebuke Maduro as the rightful president and target the oil industry. This could be because, like many other large corporations, PDVSA tried to win the favor of the Trump administration from the beginning of their tenure. The state-owned oil company gave Donald Trump a $500,000 USD contribution to his inauguration which was made through its Texas-based refinery business, Citgo.[8] The administration’s shift could be caused by the mounting global pressure in response to Maduro’s government’s corruption and civil rights abuses. Maduro has now been deemed by over 50 countries to be the “illegitimate” President of Venezuela[9] and Colombian President Iván Duque recently commented that Maduro was “losing support by the hour.”[10] It is also likely the imprisonment of several Citgo executives, who are U.S. citizens, contributed to the Trump administration’s decision to rebuke and sanction Maduro. For the past several months, six U.S. Citgo executives have been jailed in Venezuela on corruption charges.[11] Their hearings have now been postponed twelve times for no stated reason and the executives feel they are being held merely as political bargaining chips.[12]

Given the quickly-deteriorating relationship between Venezuela and the U.S., Citgo is quickly seeking to cut ties with its imperiled parent company. Citgo has indefinitely stopped payments to PDVSA, subscriptions to corporate services, and email communications and new Citgo board of directors was appointed this month.[13] In response, Maduro later announced he will launch political and legal action in U.S. and international courts to PDVSA’s U.S. subsidiary under its control.[14] Despite Citgo’s push to become a solely U.S. company and avoid oncoming crippling sanctions stemming from its ties to Maduro, Citgo supports Guaidó and may rely on him and the National Assembly for financing.

A $71 million USD interest payment on PDVSA notes will become due in April of 2020.[15] Failure to pay the loan could trigger a creditor rush to seize Citgo.[16] This bond is the only Venezuelan debt yet to default.[17] Previously, Maduro prioritized these debt payments because a 50.1% stake in Citgo Holdings is being held as collateral.[18] Because of the pro-Guaidó change in the board of directors and the disassociation of Citgo from PDVSA, Maduro no longer has an incentive to pay the bond since he’s already lost control of Citgo.[19] Guaidó now seeks to undertake PDVSA’s debt obligation and ensure that it does not default and has proposed working with the U.S. to set up an escrow account to ensure that the April payment and all future payments are made.[20] Even if Citgo successfully escapes PDVSA and Maduro’s grasp, if Guaidó is unable to find a way to meet these obligations, Citgo could be torn apart by a mad rush of creditors and a potential source of stabilizing revenue for Venezuela could vanish.

Citgo’s future is as uncertain as Venezuela’s. However, if Citgo is to become a U.S. company, it could further deprive Venezuela of a major asset capable of helping the nation crawl out of its economic hole.[21] Furthermore, harsh sanctions and even potentially an embargo[22] could have a hard-hitting impact on US markets, as refineries would be forced to purchase oil from more expensive sources.[23] Ultimately it seems the best outcome is for the U.S. government to work with Guaidó in order to keep Citgo from being consumed by its creditors or taken back by Maduro. In turn, this will allow assets to flow back to instead of bleeding out of Venezuela.


Morgan Stelli is a Staff Editor for the Denver Journal of  International Law & Policy and a 2L at Denver Sturm College of Law

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[1] Kevin Sullivan, ‘Losing Support by the Hour’: Venezuela’s Maduro will be out of Power Soon, Colombian President Says, Wash. Post (Mar. 3, 2019, 6:11 PM), https://www.washingtonpost.com/world/the_americas/losing-support-by-the-hour-venezuelas-maduro-will-be-out-of-power-soon-colombian-president-says/2019/03/03/a00f4608-3cf8-11e9-b10b-f05a22e75865_story.html?utm_term=.67b092969f35.

[2] Marianna Parraga, Citgo Formally Cuts Ties with Venezuela-based Parent Company: Sources, Reuters (Feb. 26, 2018, 12:30 PM), https://www.reuters.com/article/us-venezuela-politics-citgo-idUSKCN1QF2IG.

[3] Daniel Gallas, Venezuela Crisis: Why US Sanctions will Hurt, BBC World (Feb. 2, 2019), https://www.bbc.com/news/world-latin-america-47104508.

[4] US Hits ‘Corrupt’ Venezuela Oil Firm PDVSA with Sanctions, BBC World (Jan. 29, 2019), https://www.bbc.com/news/world-us-canada-47036491.

[5] Gallas, supra note 3.

[6] Id.

[7] US Hits ‘Corrupt’ Venezuela Oil Firm PDVSA with Sanctions, supra note 4.

[8] Venezuela State Oil Company Gave Cash to Trump Inauguration, BBC News (Apr. 20, 2017), https://www.bbc.com/news/world-us-canada-39648675.

[9] Ben Bartenstein, Fabiola Zerpa & Lucia Kassai, Guaido Is Seeking to Make Payment on Citgo-Backed PDVSA Bond, Bloomberg (Feb. 28, 2019, 9:30 AM), https://www.bloomberg.com/news/articles/2019-02-28/guaido-is-said-to-consider-paying-pdvsa-bond-backed-by-citgo.

[10] Sullivan, supra note 1.

[11] Joshua Goodman & John L. Mone, Jailed Citgo Executives in Limbo Amid Venezuela Turmoil, ABC News (Feb. 19, 2019, 4:48 PM), https://abcnews.go.com/International/wireStory/jailed-citgo-executives-limbo-amid-venezuela-turmoil-61157187.

[12] Id.

[13] Parraga, supra note 2.

[14] US Hits ‘Corrupt’ Venezuela Oil Firm PDVSA with Sanctions, BBC World (Jan. 29, 2019), https://www.bbc.com/news/world-us-canada-47036491.

[15] Bartenstein, supra note 9.

[16] Id.

[17] Id.

[18] Id.

[19] Id.

[20] Id.

[21] Daniel Gallas, Venezuela Crisis: Will the US Target Oil Exports?, BBC World (Jan. 27, 2019), https://www.bbc.com/news/business-47023002 (noting that the Venezuelan economy is “half the size of what it was in 2013).

[22] Id.

[23] Id.

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Caracas Dystopia

Venezuela in Crisis: A Socialist Dystopia

Caracas Dystopia

Photo Credit: Federico Parra |AFP | Getty Images

City-wide protests have occurred daily throughout Venezuela, a politically divided and economically destitute country, which was once South America’s wealthiest nation. Police meet protesters with rampant arrests, tear gas, and rubber bullets. Since the beginning of April, hundreds of thousands of Venezuelans have protested President Nicolás Maduro’s socialist government and its perpetration of the nation’s ever-worsening economic crisis. Initially comprised of students, youth, and members of the middle class, the opposition movement’s base grows daily. As the quality of life in Venezuela continues to spiral, the opposition increasingly gains support from those once faithful to the socialist agenda, the lower class. The sustained global drop in oil prices and prolonged drought have only worsened matters for the public, who struggle daily to obtain essentials like food and medicine. Protesters demand new elections and release of political prisoners, hoping that a change in the socialist leadership will end the crisis.

Since the mid-20th century, petroleum extraction and exploitation have been the foundation of Venezuela’s economic structure. The Venezuela of the 1950s was poised to be a major player in international petroleum exportation; intent on sembrando el petróleo (sowing the oil), the nation relied on its massive oil wealth to advance society. To maximize oil exports, investors financed alternative energy production for domestic servicing. Most notably, the Guri Dam generates 60% of Venezuela’s energy through hydroelectric power.

In the early 2000s, the late president Hugo Chávez leveraged Venezuela’s massive oil wealth and the global upswing in oil prices to create an unsustainable social welfare state. He implemented sweeping nationalization of Venezuela’s economy, primarily in the oil sector, in pursuit of his socialist utopia. Chávez expanded the state-owned oil company Petróleos de Venezuela, or PDVSA, and its dominion over oil extraction and production. Chávez’s frenetic charisma, combined with frequent government handouts, projected an image of resolute national prosperity while masking the regime’s internal corruption. Many Chavistas still await the ‘Bolivarian Revolution’ that Chávez promised.

Maduro, Chávez’s successor, inherited an economy wholly propped up by the nationalized oil industry. Maduro’s financial mismanagement and authoritarian actions set the nation on a fast-track toward recession, even prior to the 2014 collapse of global oil prices. Domestic oil production is dropping at an accelerated rate, with drilling sites and refineries falling into disrepair. The government and PDVSA are strapped with nearly $60 billion in international debt in the form of short-term bond payments. Meanwhile, the government is failing to import food, medicine, and other essentials at a sufficient rate to meet the dire demand. With inflation rates just over 800%, most Venezuelans are unable to afford food and many report significant weight loss. Waiting hours on end for food rations at government controlled food-distribution centers is an every-day reality. Additionally, the Guri Dam is largely out of commission due to a prolonged drought and the government imposed a two-day workweek to cope with frequent power outages. Venezuela’s economy is in abysmal shape and the prospects of a positive change are wholly dependent upon an upswing in global oil prices.

A highly controversial supreme court ruling sparked the most recent round of protests in Venezuela. The nation’s supreme court is notoriously beholden to Maduro and the socialist regime established by Chávez. Meanwhile, the opposition-controlled National Assembly represents the sole counter to the United Socialist Party’s total control over the government. On March 31, 2017 Venezuela’s supreme court stripped the National Assembly of its legislative, justifying this power-grab by holding the National Assembly in contempt of the laws of the nation. Three members of the National Assembly face accusations, by President Maduro, of administrative impropriety in winning their elections, thus enabling the supreme court to hold the entire legislature in contempt. The supreme court was set to take over all responsibilities and functions of the legislature. Domestic and international condemnation were quick to criticize this decision, a move that many considered “a rupture in the constitutional order” and Maduro’s attempt to create a “petty dictatorship.” In the face of such scrutiny, the supreme court rolled back some of its decision on April 1, however, President Maduro retains unfettered power “to enter into joint oil ventures without congressional approval.” One faction of the opposition considers the rollback further proof that the supreme court is in Maduro’s pocket, while others believe it reveals cracks within the USP’s party-loyalists.

Food scarcity and undemocratic power grabs will be determinative of Maduro’s power retention in 2017. Those loyal to Chávez’s socialist revolution grow disillusioned by the day as they face food shortages and soaring inflation with no prospect of change. Maduro’s regime faces international, regional, and domestic pressures to abide by Venezuela’s constitutionally democratic roots. The call for new elections intensifies as the opposition’s support increases and the nation’s economic crisis worsens. A newly elected official, however, will have to confront the economy’s strict oil dependence and determine how the nation can diversify to succeed in the 21st century. Regardless of any political changes, without an upswing in global oil prices, the crisis will only worsen, violating international human rights norms in the process.

Rachel Ronca is a Staff Editor with the Denver Journal for International Law & Policy, and a 2L at the Sturm College of Law.

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Marked "D"

Who is to Blame for the Venezuela – Colombia Border Crisis?

Columbian Crossing River
Many Colombians are leaving Venezuela by crossing the Tachira river. (courtesy of BBC)

In an effort to restore peace and order along the Colombian border, the President of Venezuela, Nicholas Maduro, has declared a state of emergency. Border crossings between Venezuela and Colombia have closed, martial law has been enacted in border regions, and Colombians living in border towns in Venezuela illegally were given 72-hours to pack up and leave their homes, many fleeing back across the river to Colombia. This decision comes after smugglers and border police engaged in gunfire last week, leaving three soldiers wounded.

The identity and nationality of these smugglers is still yet unknown, an investigation is underway. One other individual involved in the attack was arrested, he is a Venezuelan citizen. President Maduro has accused Colombian paramilitary individuals of having a link to Colombia’s former president, Alvaro Uribe.  However, Colombian President, Juan Manuel Santos has suggested that the smuggling problem is rooted in Venezuela, not Colombia. For many years, Venezuelan citizens have used the border to smuggle gasoline and other Venezuelan goods into Colombia in order to sell them at higher prices to Colombian citizens. This smuggling practice is facilitated by Venezuela’s government subsidies which allow Venezuelan citizens to use these subsidies to purchase food, cosmetics, and gasoline that they later re-sell in Colombia, which has resulted in these items becoming scarce inside Venezuela. However, President Maduro attributes the scarcity of these items to mismanagement and not to smuggling. The black market economy originating in Venezuela has been the source of income for Venezuelan families living along the border of these two countries for some time.

Marked "D"
Colombian President Juan Manuel Santos said the marking of houses reminded him of “bitter episodes” in history. (courtesy of BBC)

The state of exception instituted by President Maduro has been the subject of international criticism. Venezuelan army soldiers have marked the cinder block homes of these evicted families with a red letter “D” indicating demolition.  The declaration of a state of emergency allows Venezuelan soldiers to search businesses without a warrant. News outlets around the world have condemned these actions. The families with only a 72-hour eviction notice, have been forced to walk across knee-high river waters with their belongings, leaving the oil-rich country where they established a life behind. There have been more than 1000 Colombian citizens that have been deported since the law was implemented. Although President Maduro blames these citizens for Venezuela’s smuggling and violence problems, these families have fled poverty, famine, and violence and moved to Venezuela hoping to benefit from the country’s natural resources labor. More than 800 Colombians live in this border region. President Santos has already pledged to providing government subsidies for these families and helping these them find a home in Colombia.

The effects of this border closing have already been seen in both countries. In Colombia there is a scarce supply of gasoline, leaving many motorists competing for fuel to power their engines. In Venezuela, the trade halt has left many poor families that relied on this trade without means to support their families. Although President Maduro is satisfied with the halting of the smuggling practice, this border closing has done anything but address the root of the smuggling problem, which originates in Venezuela.

Sandra M. Ortega is a 2L at University of Denver Sturm College of Law and a Staff Editor on the Denver Journal of International Law and Policy.

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Critical Analysis: Protests and Violence Continue in Venezuela

Opponents of Venezuelan President Nicolas Maduro continued to protest this past weekend, despite a controversial court ruling limiting protests in the troubled country. The Venezuelan Supreme Court ruling gives police the power to suspend protests that don’t have a permit. The ruling states that Article 68 of the Venezuelan Constitution, which provides for a right of peaceful protest, does not grant an absolute political right to protest. Specifically, the Supreme Court held that political organizations and Venezuelan citizens must exhaust all administrative remedies before potentially being allowed to peacefully protest. Even then, the protests must be pre-approved.

Protests began earlier this year in February amid reports of food shortages and high consumer prices. Current reports from the Central Bank and various economists show that food prices have risen 6.1 percent since February, and that the inflation rate is currently running at nearly 60 percent. These protests have been widely student-driven, but have also included opposition forces.

Violent protests in Venezuela have left 41 people dead and hundreds injured. Image Source: Washington Post

Violent protests in Venezuela have left 41 people dead and hundreds injured. Image Source: Washington Post

Often, protests have become violent, and at least 41 people have been killed since they began. Furthermore, almost 600 people have been injured, and around 100 have been detained. According to some who were detained, they were “kicked, pistol whipped, doused with pepper spray and battered with helmets and shotgun butts” in an attempt to discourage further protests. Allegations of murder and other human rights violations have also spread. However, the government’s actions have only made Venezuelan opposition forces more defiant; this weekend’s protests are evidence of just that.

These facts are only recently coming to light in international news, as President Maduro’s government censored most, if not all media coverage of the protests and strife. Due to the rampant censorship, many Venezuelan students turned to foreign sources and social media to have their voices heard. However, reports from late February stated that the Venezuelan government had blocked many Venezuelan users’ Twitter access in an effort to curb further social unrest and protest. Twitter eventually confirmed the government’s supposed actions.

So far, peace talks and negotiations between the Maduro government and opposition forces have not been particularly fruitful. Many students do not trust the current government enough to enable healthy negotiation, as they claim that “years-old efforts” to negotiate with various local, state, and federal officials about problems in Venezuela have solved nothing. There are, however, several hopeful signs. Venezuela’s neighbors are becoming increasingly dismayed with the government’s alleged actions of human rights violations and brutality, leading to more of their involvement in the situation. Recently this month, foreign ministers from the Union of South American nations, which included diplomats from Brazil, Colombia, and Ecuador, pressed both sides into limited negotiation, with the government and opposition forces agreeing to create a commission to investigate supposed human rights abuses during protests. Despite the small improvement, however, protest and opposition in Venezuela do not show any sign of slowing down.


Bailey Woods is a 3L law student at the University of Denver Sturm College of Law and Candidacy Editor for the Denver Journal of International Law & Policy.

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Maduro has embraced the same anti-American sentiments as Chavez, leaving many wondering what the new Socialist president will do to help or further hinder United States-Venezuela relations. (Google)

Venezuelan Elections: What’s Next?


Maduro has embraced the same anti-American sentiments as Chavez, leaving many wondering what the new Socialist president will do to help or further hinder United States-Venezuela relations. (Google)

Maduro has embraced the same anti-American sentiments as Chavez, leaving many wondering what the new Socialist president will do to help or further hinder United States-Venezuela relations. (Google)

President Hugo Chavez’s work to nationalize Venezuela’s petroleum market and anti-American sentiments lead to strained relations between the United States and Venezuela from Chavez’s election in 1999 until his death this past March.  Not surprisingly, the United States government and private petroleum industries watched carefully as Venezuelans hit the polls to vote for Chavez’s successor.  As many international actors predicted, but maybe hoped would not be the case, Nicolas Maduro, Chavez’s handpicked successor, won the presidential election by two percentage points. Maduro has embraced the same anti-American sentiments as Chavez, leaving many wondering what the new Socialist president will do to help or further hinder United States-Venezuela relations. 

Between Maduro’s belief that the United States conspires against his Socialist agenda and the U.S. State Department’s threat not to recognize Maduro as president until Venezuelan officials complete a vote recount, United States-Venezuela relations do not appear on to be on the mend.  U.S. opinion regarding the recount is not surprising.  However, the United States’ input did not help to soothe Maduro’s suspicions that the United States is working with the opposition to take away his presidency.

Despite the mutual disdain, Maduro has said that he wants to work towards restoring Untied States-Venezuela relations “in terms of equality and respect.”  Critics do not believe that the United States will give Maduro the equality and respect he is demanding.  However, it is in the best interest of both countries to mend the relations between them. 

Venezuela is slipping into an environment of inflation and high crime, something that the citizens of Venezuela have chosen to ignore because of Chavez’s heroic demeanor.  Now that the heroic figure is gone, there is some concern that Maduro will not be able to distract the public’s attention from the major issues the country is facing.  Therefore, it will be necessary for Maduro to address these issues and find a way to help boost the economy.  Maduro will need to focus on rebuilding its petroleum industry.  Venezuela has one of the largest oil reserves in the world, yet oil exports have decreased significantly and there has been a significant increase in Venezuelan import of fuel products from the United States over the past decade.

The United States relies on the import of foreign oil that comes mostly from Saudi Arabia.  This lengthy transit time leads to an increase in oil prices, an issue of extreme important to the citizens of the United States.  United States oil import needs can easily be filled with by Venezuela’s oil reserves – the largest in the world – in a transit time of only four days.  This is a significant decrease in transit time and could bring down the price passed onto the consumer.

Restoring the relationship between the United States and Venezuela would benefit both countries’ economies.  It would provide the United States with an energy partner whose border is much closer than that of the Middle East decreasing the price of oil and it would increase Venezuelan petroleum exports.  Reverend Jesse Jackson said, “With stronger economic ties comes political stabilization.” Stabilizing the Venezuelan political atmosphere would promote foreign investment in the petroleum industry further improving the economy.

 Alicia Guber is a 1L at the University of Denver and incoming Alumni Editor for the Denver Journal of International Law and Policy

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Venezuela Vice President Nicolas Maduro cheers a portrait of Chavez. (NBC Latino)

Post Chávez Venezuela: The End of “21st Century Socialism” or Just New Management?

Venezuela Vice President Nicolas Maduro cheers a portrait of Chavez. (NBC Latino)

Venezuela Vice President Nicolas Maduro cheers a portrait of Chavez. (NBC Latino)

Venezuela’s controversial President Hugo Chávez died on March 5, 2013, after struggling with cancer since June 2011.  As Venezuela prepares for the presidential election that is scheduled for April 14th, many wonder how Chávez’s death will impact Venezuela’s place in the international community.  Chávez was a polarizing figure with enthusiastic supporters, and equally enthusiastic critics, both at home and abroad.  The outcome of the April election will determine whether Chávez’s controversial policies will live on without him.

Chávez described his style of governance as 21st Century Socialism, and a common theme of Chávez-rhetoric involved condemnation of western capitalism. Other Latin American countries elected similar far-left leaders, who Chávez showed support by providing their countries with Venezuelan aid.  The general socialist trajectory of many Latin American governments has been a reaction to unsuccessful neo-liberal policies from the past. However, the future of Chávez’s international social programs—such as the oil-for-doctors exchanges with Cuba—depends on who wins the presidential election in April.

Chávez’s popular domestic support is commonly attributed to the vast social programs enacted for the benefit of Venezuela’s poor.  Chávez’s government created state run cooperatives, and established programs to improve literacy, health, and access to food.  Chávez received support for several significant constitutional amendments which passed by popular vote and this support is commonly attributed to his social programs.  During Chávez’s presidency, there was a “sharp drop” in economic inequality in Venezuela, as measured with the Gini index.  Despite such positive indicators, the day-to-day experience for Venezuelans may not have been significantly improved.  Programs have not always lived up to Chávez’s description: subsidized grocery stores have been plagued by shortages of basic goods “like milk, meat and toilet paper.”

Chávez’s treatment of Venezuela’s oil industry is a common topic of international criticism.  Venezuela enjoys the largest reserves of crude oil in the world.  Chávez’s socialist policies were costly, and Chávez needed oil profits to fund his welfare programs.  In 2006, Chávez began nationalizing oil projects run by multinational oil companies in the oil-rich Cerro Negro area of the Orinoco Oil Belt.  These nationalizations led to multiple cases of protracted international commercial arbitration brought before the ICSID and ICC by Conoco-Philips and Exxon-Mobil and others.  After a series of challenges to nationalizations in various industries, Venezuela withdrew from the ICSID Convention to avoid being subjected to further ICSID arbitrations.  The cases involving Exxon-Mobil produced significant hostility. Chávez defended his nationalization of the Cerro Negro project, saying Exxon had been stealing from Venezuela and “we won’t give in to imperialism.”  Now the Venezuelan oil industry suffers from diminished production capabilities because of failure to reinvest profits in infrastructure and loss of technological advances after alienating foreign direct investment.

Chávez was perceived as a hero or a villain.  Chávez’s presidency was criticized for media censorship and interference with the judiciary.  The Human Rights Watch found that the Chávez regime filed criminal complaints against internationally funded NGOs, outspoken journalists and politicians.  However, a variety of public figures embraced Chávez: Rev. Jesse Jackson celebrated Chávez in eulogy saying “Hugo fed the hungry. He lifted the poor. He raised their hopes. He helped them realize their dreams.”

Whether Chávez’s policies will be continued depends in large part on whether Nicolas Maduro—Chávez’s appointed political heir—or Henrique Capriles—the opposition leader—is elected in April.  Henrique Capriles won 45% of the popular vote in the October elections; Capriles was closer to beating Chávez than any presidential candidate during Chávez’s presidency.  If Capriles wins the election, he plans to replicate “Brazil’s ‘modern left’ model of economic and social policies.”  Electing Capriles would foreshadow a more moderate political atmosphere in Venezuela.  However, Capriles has an uphill battle. Chávez’s legacy has been left to acting president Maduro.  Maduro has been involved in Chávez’s presidency from the beginning: Maduro helped draft the new constitution after Chávez first came to power in 1999.  Since then, Maduro has been a congressman, foreign minister, and most recently, Vice President.  Maduro’s union leader and bus driver background only makes him a more appealing candidate to Chávez supporters.

Katharine York is a second year law student at the University of Denver and a Staff Editor on the Denver Journal of International Law and Policy.

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Venezuelan president Hugo Chavez has been openly battling cancer since June 2011. (BBC)

Critical Analysis: South America’s Most Controversial President has More Surgery as the Future of Venezuelan Politics Blurs

Venezuelan president Hugo Chavez has been openly battling cancer since June 2011. (BBC)

Venezuelan president Hugo Chavez has been openly battling cancer since June 2011. (BBC)

As of December 18th, Venezuelan president Hugo Chavez remains in stable condition as he continues to undergo cancer treatment in Cuba. The Venezuelan government reported that Chavez, 58, had recently suffered a respiratory infection but is now resting.

Chavez remains in Cuba and is recovering from another surgery to fight cancer that is believed to be in his pelvis. This is Chavez’s fourth operation since last year. Chavez first announced he had cancer in June of 2011. Chavez underwent a surgery for a pelvic abscess and had a baseball-sized tumor removed. Last February, he underwent another surgery when a tumor reappeared in the same area. He has also undergone months of chemotherapy and radiation treatments. Chavez has kept secret many details of his illness, including the exact location and type of the tumors and cancer.

Due to the aggressive nature of his cancer, Chavez has named Nicolás Maduro as his successor. In the days before this most recent procedure, Chavez had announced that he needed to have another surgery because tests showed that malignant cells had reappeared in the same area of his pelvic region where tumors were previously removed. Chavez cautioned the Venezuelan people beforehand that the surgery would present risks.

Shortly after the fourth surgery took place, Vice President Maduro spoke on Venezuelan television and reassured the citizens that the procedure had been a success. Maduro also assured the public that Chavez’s vision for Venezuelan would live on, even as their leader remained incapacitated by cancer.

The precarious state of Chavez’s health has sparked quite a bit of debate over what will happen to the face of the Venezuelan government if the President dies shortly into his fourth term. The Venezuelan constitution states that, should the president leave office in the first four years of his term, an election must be held within 30 days. Chavez has encouraged Venezuelans to vote for Vice President Maduro in the new election should his health fail. However, many of Chavez’s supporters distrust Maduro and fear the President’s demise because no one else would be capable of replacing Chavez. As debate stirs over the future of Venezuelan politics, Venezuela’s political divide deepens.

Chavez defeated his political opponent, Henrique Capriles, and was re-elected as the country’s president for his fourth term this October. Despite looming health concerns, his inauguration is scheduled for January 10, 2013.

Gaby Corica is a 3L at DU law, Staff Editor for the Denver Journal for International Law and Policy, and General Editor for The View From Above. 



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University of Denver Sturm College of Law