Venezuela continues to crack down on civic space freedoms

Association

Labour activists handed down 16-year jail sentences

On 1st August 2023, the Second Criminal Trial Court of First Instance of Caracas convicted six labour activists—Reynaldo Cortés, Alfonzo Meléndez, Alcides Bracho, Néstor Astudillo, Gabriel Blanco and Emilio Negrín—to 16 years in prison for the crimes of conspiracy and criminal association. Two days later, Venezuela’s Attorney General Tarek William Saab said that “it was made clear in unequivocal terms that these individuals were not being processed or investigated for allegedly being union leaders protesting for better wages, but rather for conspiring against the state.”

As previously reported by the CIVICUS Monitor in July 2022, the six activists were detained and persecuted after they participated in several protests led by public sector teachers demanding better wages and respect for their labour rights.

The Venezuela Program Education-Action on Human Rights (Provea) rejected the 16-year sentence imposed on the activists and reiterated that the justice system in Venezuela is corrupt. It emphasised that even after a year, the sole witness to the complaint had not appeared. Additionally, other civil society organisations have denounced the Venezuelan Government’s use of harassment and intimidation tactics to silence trade union struggles.

On 4th August 2023, the International Trade Union Confederation (ITUC), the Swedish Trade Union Confederation (LO), and the Olof Palme International Centre stated that the decision appeared to be arbitrary and constituted a serious breach of the right to trade union activity. It also called on Venezuela’s highest authorities “to ensure the widest possible exercise of trade union activity in the country and not to jeopardise the process of social dialogue.”

According to three national human rights organisations, there was an escalation in the criminalisation of union activists from publicly-owned companies in the first half of 2023. In January, workers from the state-owned Venezuelan metal conglomerate (Corporación Venezolana de Guayana, CVG) protested in support of their labour rights. In response, at least 12 workers were detained and charged with hatred, agitation, criminal association and disturbance of public order. A similar situation unfolded in June, marked by a new wave of protests in the biggest steelmaker in the country—Siderúrgica del Orinoco, SIDOR— to demand the restoration of contractual benefits and the reinstatement of workers who were laid off during the COVID-19 pandemic. In the aftermath of those events, three workers disappeared and were subsequently imprisoned by the General Directorate of Military Counterintelligence (DGCIM).

Judicial intervention in the Venezuelan Red Cross

On 4th August 2023, the Supreme Court of Justice ordered (Decision no. 1057) the intervention of the National Directive Committee of the Venezuelan Red Cross. As a precautionary measure, it established an ad hoc restructuring board with the authority to manage the organisation's assets and convene internal elections. The decision came in response to an application filed on 2nd August 2023 by Venezuela’s Attorney General, Tarek William Saab. He alleged irregularities attributed to the President and the National Directive Committee, including “abuse of power against volunteers and workers of the organisation, as well as irregular use of resources and detrimental actions against vulnerable sectors of Venezuelan society who rely on its humanitarian efforts.”

Two weeks prior to this decision, Diosdado Cabello, the country’s former vice president, a member of the National Assembly and a leading member of the ruling United Socialist Party of Venezuela (PSUV), made a statement against the president of Venezuela Red Cross Mario Villarroel Lander. Cabello claimed that Villaroel had been abusing his power and that he had held “the position for more than 40 years without elections and without any kind of renewal within the Red Cross, manipulating many people around the world.”

International organisations have raised concerns about this Supreme Court decision. On 8th August, the International Federation of Red Cross and Red Crescent Societies (IFRC) declared that:

“Any State intervention in our National Red Cross and Red Crescent Societies raises serious concerns regarding their independence and principle-based humanitarian work of National Societies and will be treated with the utmost importance. IFRC has its own mechanisms to address situations when a member National Society might be considered breaching our fundamental principles and we encourage governments to facilitate the IFRC’s own internal mechanism to address such situations.”

On 21st August, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur for Freedom of Expression (RFOE) affirmed that the recent decision threatens freedom of association. It also contradicts “the organisation’s internal bylaws regarding its governance and grants powers contrary to its articles of incorporation.”

According to the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (the Mission), this is not the first decision that runs counter to freedom of association in the country. Between August 2021 and February 2023, the Supreme Court of Justice issued 23 rulings appointing authorities for various associations. These rulings affected organisations such as colleges of lawyers, savings banks, sports federations and the Venezuelan Olympic Committee. Furthermore, the Mission has identified a general practice of ad hoc judicial intervention in the appointment of internal authorities of organisations and other associative structures.

Fact-Finding Mission: Civic and Democratic Space Under Attack in Venezuela

On 20th September, the Mission reported intensified attacks on civic and democratic space in the country, attributing it to state policies aimed at suppressing opposition and criticism of President Nicolás Maduro’s government. As Venezuela approaches the 2024 presidential elections, the Mission raised concerns regarding the disqualification of opposition candidates by the National Electoral Council (Consejo Nacional Electoral, CNE).

Covering human rights violations from January 2020 to August 2023, the Mission found credible evidence of “at least 5 arbitrary deprivations of life, 14 short-term enforced disappearances and 58 arbitrary detentions.” Despite a decrease in reported allegations compared to previous periods, the Mission noted ongoing gross human rights violations targeting civil society members, with a particular impact on women and the LGBTQI+ community.

The report highlighted the dual use of “harsh” and “soft” mechanisms to repress dissent, emphasising the adaptability of the state apparatus. During the reported period, the Mission has identified other forms of repression that have become prevalent in recent years, such as censorship and control of public information, restrictions and closure of media outlets, limitations on the creation and autonomous functioning of organisations, including NGOs, trade unions and political parties, and political incapacitation of members of opposition political parties, including presidential candidates:

Civil society organisations denounced restrictive legal framework on the right to association and attacks against human rights defenders

In September 2023, several human rights organisations submitted reports to the 139 Session of the UN Human Rights Committee. In regard to the Venezuela’s current legal framework, nine national organisations, Civilis Human Rights, Venezuelan Network of Civil Society (Sinergia), Venezuela Program Education-Action on Human Rights (Provea), Promedehum, National Union Coalition (Coalición Sindical Nacional), United Doctors of Venezuela (Medicos Unidos de Venezuela), and Center of Justice and Peace (CEPAZ), reported that between 2019 and 2023, the Venezuelan State has repeatedly violated civic freedoms through executive, judicial and legislative measures, creating a highly restrictive environment for civil society to carry out its work.

The organisations said that, since 2019 the authorities have issued rulings and regulations aimed to “disregard, criminalise, and disqualify civil society organisations and to suspend in practice the right to freedom of association and the closure of civic space.” For instance, there are at least 15 regulations in force that have hindered organisations from acting autonomously, such as the Constitutional Law against Hate, for Peaceful Coexistence and Tolerance (2017), and the Law against Organized Crime and the Financing of Terrorism (2012).

Further, national organisations denounced that Venezuelan authorities have continued to harass and persecute human rights defenders and civil society organisations. As reported by the Committee of Relatives of Victims of the Events of February-March 1989 (Comité de Familiares de Victimas de los Sucesos de Febrero-Marzo de 1989, COFAVIC), between January 2022 and June 2023, there were at least 1031 documented attacks, predominantly perpetrated by public officials. These incidents encompass several violations, including physical harm, arbitrary detentions, forced disappearances, assaults on organisational premises, illegal searches and equipment theft.

Peaceful Assembly

The Venezuelan Observatory of Social Conflict (Observatorio Venezolano de Conflictividad Social, OVCS) recorded 389 protests in August 2023, an average of 13 per day. This figure represents a decrease of 43% compared to the same period last year. Most of the protests documented were related to the demand of economic, social, cultural and environmental rights.

Furthermore, The Venezuela government maintains a repressive policy against those who protest, which has deepened with the announcement of approaching opposition primary elections.

Expression

Arbitrary detention of a journalist reporting on environmental issues

On 8th September 2023, the Bolivarian National Police (Policía Nacional Bolivariana, PNB) arbitrarily detained journalist and LGBTQI+ activist Luis Alejandro Acosta, while he was reporting on illegal mining and military operations in the Yapacana National Park. This national park is considered the largest hub for illegal mining in the Amazonas state, as reported in 2023 by the Washington Post and SOS Orinoco, an environmental organisation.

According to Espacio Público, on the afternoon of 10th September 2023, the Secretary General of the Apure and Amazonas section of the National Journalists’ Association (Colegio Nacional de Periodistas, CNP), José Ramón González, reported that Acosta had been transferred to the headquarters of the PNB in the capital of Amazonas state, and was awaiting presentation before the courts.

Four days after his detention, on 12th September, Acosta’s hearing was held at a Criminal Court in Amazonas. The National Union of Press Workers of Venezuela (Sindicato Nacional de Trabajadores de la Prensa de Venezuela, SNTP) reported that Acosta was charged with illegal occupation of protected natural areas, illegal exercise of mining activities, and incitement to crime. The judge imposed precautionary measures on him, including a ban on publishing on social media about the Yapacana National Park, a requirement to appear before the court every fifteen days, and a ban on leaving the state of Amazonas.

On 21st September 2023, Acosta was conditionally discharged after a Court of Appeals ruled on the prosecution's allegations. According to Espacio Público, the measures imposed by the court violate Acosta’s fundamental rights:

“We demand complete freedom for Luis Alejandro Acosta, as his arbitrary detention and the bail conditions imposed on him violate his right to freedom of expression, contravene international treaties and agreements signed by the Venezuelan state, and serve as indirect censorship on matters related to illegal mining and human rights violations against the indigenous population in Amazonas.”

Acosta’s arbitrary detention occurred in the context of “Operation Autana 2023”, a large-scale military operation launched in December 2022 by the Venezuelan Bolivarian National Armed Forces (Fuerza Armada Nacional Bolivariana, FANB) to clear out illegal mining and armed groups from Yapacana National Park. There are an estimated 15,000 to 20,000 unauthorised miners operating in the area.

Amidst the forced evictions in the Yapacana park, there have been reports of attacks against indigenous people. According to Kapé Kapé, a local organisation advocating for indigenous rights, on 13th September 2023, at least two people were killed and four others injured during a military operation.

Since July 2023, the FANB have dislodged more than 11,500 illegal gold miners from the national park. However, several organisations have expressed their concerns about the effectiveness and transparency of military operations.

Sustained attacks on freedom of expression

Espacio Público recorded at least 21 cases of violations of freedom of expression in September 2023, marking a 31% increase compared to August. September stood as the second-highest month for cases this year. The organisation documented 37 violations of freedom of expression were acts of intimidation, with two instances of verbal harassment and four assaults against journalists. At least 64% of the perpetrators are affiliated with the State.

According to Espacio Público, over the past two decades at least 400 media outlets, including newspapers, radio stations, television channels and digital platforms in Venezuela were forced to shut down. Notably, between 2015 and 2022, the highest number of cases of violations of freedom of expression in the last 20 years was recorded, resulting in the closure of 283 media outlets by the National Telecommunications Commission (CONATEL).

In a similar report, over the past nine years at least 60 Venezuelan newspapers ceased circulation indefinitely due to government control, a lack of funds or the inability to purchase sufficient paper for printing their editions. Television networks have been forced to self-censor or forced to close and ten foreign networks have also been expelled from the country.