Venezuela: restrictions on civic space continue with severe constraints on CSOs

Introduction

In November 2023, the Human Rights Committee issued the concluding observations on the fifth periodic report of the Bolivarian Republic of Venezuela (CCPR/C/VEN/CO/5). In its report, the Committee expressed concerns about the severe restrictions on the freedom of expression, including cases of harassment, intimidation, public defamation, surveillance, persecution, arbitrary detention and imprisonment of journalists and activists. Similarly, the Committee found that the government has been using the Constitutional Act against Hatred and for Peaceful Coexistence and Tolerance to restrict freedom of expression.

Regarding the freedom of peaceful assembly, the Committee noted that “social protests are being repressed, not only by law enforcement authorities but also by private groups known as ‘collectives’, which are reputedly financed or tolerated by state authorities”. Furthermore, the Committee received reports indicating the use of laws and regulations to restrict civil society organisations (CSOs) and political parties. This restriction had taken place in the form of mandatory registry filings, including but not limited to enrolment in the Unified Registry of Regulated Entities.

On 8th November, during the Inter-American Commission on Human Rights (IACHR) 188th period of sessions, Venezuelan CSOs presented information about restrictions on civic space. They emphasised the absence of judicial independence and the misuse of the criminal justice system to prosecute protesters and human rights defenders. In response, the IACHR expressed alarm over the erosion of the separation of powers and the rule of law in Venezuela. It also underscored the courage and value of denouncing human rights violations within the context of persecution.

In December 2023, the CIVICUS Monitor downgraded Venezuela’s civic space rating from repressed to closed, its worst rating, following a sustained assault on civic freedoms. Over the past months, attacks against human rights defenders and journalists have been reported. In addition, civil society continued to raise concerns about legal measures that seek to limit the work of CSOs.

Association

Trade union leader arbitrarily detained

On 17h January 2024, the Bolivarian National Police (Policía Nacional Bolivariana, PNB) and the Police of Barinas (Policía Estadal de Barina, PEB) arbitrarily detained Víctor Venegas, trade unionist and President of the National Federation of Trade Unions and Schools of Education Workers in Venezuela (Federación Nacional de Sindicatos y Colegios de los Trabajadores de la Educación en Venezuela, Fenatev) in Barinas, southwest Venezuela. This occurred while a teacher assembly was taking place and Venegas’ brother was also arbitrarily detained.

The Venezuelan Observatory of Trade Union Freedom reported that the police forcibly entered the Fenatev headquarters, causing damage to property and seizing computers. Furthermore, they documented instances of aggression towards teachers and children present.

In a statement on his social media account, Attorney General Tarek William Saab accused Venegas of involvement in activities against the peace of the Republic, claiming he was part of a group aiming to instigate violence in Barinas. Saab stated that Venegas was detained in relation to a recent conspiracy, yet failed to disclose specifics regarding the detention location or charges against him.

According to Efecto Cocuyo, a Venezuelan digital media outlet, there has been no official information regarding the detention of Venegas and his brother since 17th January 2024. “It is unclear whether he has been brought before the country’s criminal courts and the exact location of detention.”

Proposed legislation threatens CSOs with arbitrary suspension and dissolution

There are serious concerns about a bill that could be used to control, restrict, criminalise and potentially close CSOs working in the country. As previously reported by the CIVICUS Monitor, in January 2023, the National Assembly approved on first reading a draft bill on the ‘Law on Control, Regulation, Performance and Financing of Non-Governmental and Related Organisations (draft NGO law).’ A year later, on 12th January 2024, its debate was resumed with the opening of a public consultation process.

Since its presentation before the National Assembly, the debate on the bill has been stigmatising in nature, depicting civil society organisations that carry out social, humanitarian and human rights work as “enemies of the country”, accusing them of using “illicit funds” to “finance terrorism”. This bill would grant the executive branch faculties to supervise, inspect, control and penalise organisations and their affiliates via legislative and oversight powers. These powers subject CSOs to the discretionary interests of the ruling government, violating their independence and autonomy.

On 26th January, the IACHR urged the Venezuelan authorities to refrain from approving any legislation or regulation that arbitrarily limits the right to association, freedom of expression, and participation in matters of public interest. Furthermore, it highlighted the importance of human rights defenders' work in building a solid and enduring democratic society.

Similarly, on 22nd January, the UN Special Rapporteur on Freedom of Association Clement Voule called on the Venezuelan authorities to take into account observations from CSOs and revise the bill in line with international human rights standards.

Six labour activists freed in Venezuela after agreement with the USA

On 20th December 2023, six labour activists—Reynaldo Cortés, Alfonzo Meléndez, Alcides Bracho, Néstor Astudillo, Gabriel Blanco and Emilio Negrín—were released after being in jail since June 2022 for protesting. As previously reported by the CIVICUS Monitor, in August 2023, the Second Criminal Trial Court of First Instance of Caracas sentenced them to 16 years in prison for the crimes of conspiracy and criminal association.

Their release follows an agreement between Venezuela and the USA, resulting in the liberation of 10 American and 20 Venezuelan prisoners. This development occurred after the USA granted clemency to Colombian businessman Alex Saab, an ally of Venezuelan President Nicolás Maduro, who returned to Venezuela. As part of the deal, Maduro pledged to release at least 20 prisoners associated with the opposition, including the labour activists.

Peaceful Assembly

Gaza ceasefire protest in Caracas

Following the outbreak of the Israel-Palestine conflict in October 2023, on 21st October, dozens of people peacefully demonstrated in Caracas outside the United Nations (UN) headquarters in Venezuela, demanding a ceasefire in Gaza.

Banners, slogans and Palestinian flags were displayed during the demonstration. “We are making demands of an entity that has become an illusion, a kind of ornament for humanity. We want the United Nations to either serve or simply be replaced by another democratic organisation, where the peoples of the world have a voice and vote equally,” said Hindu Anderi, representative of the Palestine Solidarity Platform.

Calls for freedom: activists rally for political prisoners

On 1st November, dozens of people peacefully protested in Caracas to demand the release of political prisoners and an end to torture and cruel treatment. “More than ever, we will raise the demand for the freedom of political prisoners, but also [...] for the closure of all torture centres, which have been shown to be a reality and a state policy in Venezuela,” said activist Sairam Rivas.

According to Human Rights Watch, more than 15,800 people have been subjected to politically motivated detention since 2014. Recently, Foro Penal, a network of pro-bono lawyers in Venezuela, reported that as of October 2023, there are 271 people deprived of their liberty for political reasons. Of these, 255 were men and 16 were women.

The butterfly walk: rally against gender-based violence

On 25th November, hundreds of people gathered in Caracas to denounce gender-based violence and urged for concerted efforts to eradicate it. Women of all ages walked with butterfly wings of different colours, materials and sizes, bearing slogans including “We are the voice of those silenced #NotOneLess”, “freedom for all women political prisoners”, and “your fear to my freedom is sexism”.

“I come to speak on behalf of thousands of women who have been victims and survivors of kidnapping, abuse, assault, and various forms of violence, specifically gender-based violence, as well as victims of extrajudicial executions. It is not possible to quantify the actual number of women who remain anonymous because they have not been able to raise their voices to be heard and addressed in their plea for justice,” said Linda Loaiza, human rights lawyer and women’s rights activist.

Her case is the first gender-based violence case in Venezuela to be heard by the Inter-American Court on Human Rights.

The Digital Observatory of Femicides of the Centre for Justice and Peace (Centro de Justicia y Paz, Cepaz) recorded 201 cases of femicide and 107 cases of attempted femicide as of September 2023. These violent actions occurred at a frequency of one every 21 hours. On the same day, the Attorney General Tarek William Saab announced a significant reduction of 65% in cases of violence against women in Venezuela between 2017 and 2022. He also provided statistics indicating that in 2022 there were 12,509 reported cases of physical violence against women, marking a notable decrease from the 36,139 cases reported in 2017.

Public workers and teachers mobilise for higher wages

Protests over eroding wages and working conditions continued in the country. As previously reported, in January 2023, a wave of protests for labour rights took place in Venezuela, led by public sector workers and unions demanding living wages.

One year later, in January 2024, unions representing the Health, Transport and Education sectors called for at least three protests. Consequently, on 10th, 15th and 23rd January, hundreds of public sector workers across Venezuela protested to demand better salaries and pensions at a time when the government of President Nicolas Maduro faces growing inflation.

“Public sector workers from over 80 municipalities across the country, encompassing 23 states and Caracas, are mobilising nationwide to protest against the mockery of the 13 bolivars [less than 1 USD dollar] salary increase budgeted by the government and the National Assembly; against the halt in salary adjustments; and against the persecution of union leaders," said the Trade Union Coalition.

As showed by Reuters, Venezuela’s minimum wage of 130 bolivars a month (around 6 USD dollars) was adjusted in March 2022, when year-on-year inflation closed at 305 per cent.

On 15th January, aligning with National Teacher’s Day, hundreds of teachers marched to demand higher wages and improved working conditions. Nationally, at least 44 protests were reported. The protests were organised by the Venezuelan Federation of Teachers, one of the oldest teacher union associations, and was supported by university professors, NGOs, human rights defenders and other CSOs.

For at least the fourth consecutive year, the education sector asserts that “there is nothing to celebrate,” whilst taking to the streets to protest the low wages in the sector, ranging from USD$3.60 to USD$10.51 monthly. Teachers in the Venezuelan public education system have received the lowest salaries in Latin America. The Venezuelan Federation of Teachers reported that during the 2022-2023 academic year, there were 3,185 protests by teachers for “decent salaries.”

Expression

Journalists intimidated while attempting to report on Essequibo consultative referendum

In December 2023, civil society organisation Espacio Público documented 17 cases and 42 types of violation. Some of the press freedom violations were documented during the December 2023 Essequibo consultative referendum, most linked to restrictions on public information.

On 3rd December, officials from the Bolivarian Militia, a reserve force composed by civilian volunteers supplementing the ordinary branches of the Bolivarian National Armed Forces (Fuerza Armada Nacional Bolivariana, FANB), denied a journalist from the newspaper El Tiempo access to a polling station in Carúpano, in the northern region of the country. On the same day, military officials prevented seven media outlets and journalists from accessing the Elementary School “Bolivariana Ligia Cadenas Alvarado”, a polling station in the municipality of Tinaquillo, in the state Cojedes. Both incidents were reported to have been due to orders from military officials.

A military official ordered the journalist of El Periodiquito, David Marcano, to delete the photographs he had taken of the coverage of the consultative referendum at the Elementary School “Las Delicias”, in Maracay, north central Venezuela.

In the state of Trujillo, a western region of the country, military officials obstructed journalist Eduardo Viloria from taking photographs or asking for information at a polling station. They subsequently took his credential from the Venezuelan National Electoral Council (Consejo Nacional Electoral, CNE) and escorted him to a police station. According to the National Union of Press Workers (Sindicato Nacional de Trabajadores de la Prensa, SNTP), while at the police station Viloria had his credential returned to him and received an apology, acknowledging his authorisation from the CNE to report on the event.

Journalists barred from reporting an oil spill at "El Palito" refinery

On 27th December, officials from the General Directorate of Military Counterintelligence (Dirección General de Contrainteligencia Militar, DGCIM) and the state-owned company “Petróleos de Venezuela” (PDVSA) barred journalists Ruth Lara Castillo, María Torres and Juan Carlos Hernández from reporting on the oil spill that occurred at the El Palito refinery, located in the state of Carabobo.

Following the spill on 26th December, information circulated on social media and independent media. The journalists gathered testimonies, visuals and information on the spill’s impact. However, they were denied authorisation by both DGCIM and PDVSA officials to document the incident. They attempted to capture distant images of the affected coastline and obtain official information from public officials, including the Ministry of Eco-Socialism and Carabobo’s Inparques, but were unsuccessful.

Subsequently, officials from the Bolivarian National Intelligence Service (Servicio Bolivariano de Inteligencia Nacional, SEBIN) allegedly forced journalists Lara and Torres to delete all material related to the spill from their mobile phones.