Washington, December 30,2003

The Honorable
Barney Frank
U.S. House of Representatives
Washington, D.C.

Dear Representative Frank:

President Chavez has forwarded to me your letter of December 22, 2003 expressing concerns and opinions about the constitutional process, which is now taking place in my country.  Let me say at the outset that we are most appreciative of your concern over the democratic process now taking place in Venezuela; also, let me assure you that the Chavez Administration, having drafted and aggressively supported the constitution to which you refer, is deeply committed to all of the processes which that constitution calls for.  In short, we share your philosophy and appreciate your effort to assure that constitutional processes are observed.

We do, however, think that it is appropriate to caution you against predisposition, and misinformation regarding the outcome of the processes to which you refer.  As you know, we have in Venezuela a National Electoral Council (“CNE”), similar to the United States’ Federal Elections Commission, which is an independent agency charged with oversight of electoral processes.  CNE now has under consideration the question of whether, in the recent opening for signatures, enough valid signatures were collected to trigger a requirement for a referendum under the Venezuelan constitution.  While it was certainly appropriate for our President and others to make statements within the boundaries of “fair political comment” during the signature collection process, it is inappropriate, at this time, for either myself or yourself to make comments predisposing the outcome of the review process which is currently underway.  As in the United States it is deemed inappropriate for a Congressman or elected official to interfere with the operations of a duly constituted independent agency, it is inappropriate for you, as a U. S. Congressman, or me, as the Venezuelan Ambassador to the United States, to make comments to the effect that the independent review process currently underway must surely result in either a referendum or a decision not to conduct a referendum.

In Venezuela, as in the United States, political interference in independent agency processes is considered inappropriate.  My Government proposes to let the CNE review run its course, and to act in accordance with the CNE decision once it is rendered.  I can only ask that you, as a representative of fairness, governmental integrity and due process, do the same.

In closing, let me again express my appreciation for your continued concern for my Country and assure you of my continued highest consideration.  I hope you will feel free to contact me should you have further questions, suggestions or comments.

Yours very truly,

Bernardo Álvarez Herrera
Ambassador