- The Legislative Branch approved the rule in the second discussion and unanimously
The National Assembly (AN) elected in 2020 approved in second discussion on August 15 the Law on Supervision, Regulation, Action and Financing of Non-Governmental Organizations (NGOs) and Non-Profit Social Organizations, a regulation that aims to regulate the activities of these organizations.
Under the new law, NGOs are prohibited from receiving financial contributions for political organisations or making financial contributions to such organisations, as well as from promoting “fascism, intolerance or hatred”.
Furthermore, it establishes as grounds for dissolution of these associations the failure to comply with these prohibitions, as well as the failure to pay any fine imposed “in accordance with this law, once the available judicial remedies have been exhausted.”
According to the regulations, the courts of first instance in civil matters will be competent to decide on the dissolution of a non-profit social organization, which must be guaranteed the right to defense and due process.
Previously, several international organizations have spoken out against the acceptance of this law due to its negative impact on human rights and democracy in general, since it restricts the right of association in Venezuela.
Approval of the law
On January 24, the AN began the discussion of the Law of Supervision, Regulation and Action of NGOs, a project promoted by the United Socialist Party of Venezuela (PSUV),
At that time, Congressman Diosdado Cabello said that he had identified 62 NGOs that, in his opinion, received their resources from other countries and accused them of operating for political purposes and of being allegedly involved in plans to destabilize the government of Nicolás Maduro.
In this regard, during the second discussion, the legislature agreed to include in the text, at the request of Diosdado Cabello, that NGOs be prohibited from receiving contributions to finance “terrorism” because, he said, there are organizations that receive funds and then sponsor “guarimbas” (violent protests).
“These NGOs receive funds and we see them financing riots, financing acts of terrorism in the national territory and this would serve to put a stop to that possibility,” Cabello said.
Other implications
The law stipulates that NGOs must report the funding or donations they receive, in order to “ensure the legality of the funds”, as well as declare the donations received with full identification of the donors, indicating whether they are national or foreign, accidental or permanent.
The regulations also indicate that it is the responsibility of the Executive to monitor and control compliance with the duties and prohibitions established in the new legislation, for which, among other measures, it will implement and evaluate mechanisms that serve these purposes.
The law provides for the suspension of a non-profit social organization for a maximum period of 30 days if it fails to comply with the prohibitions established in this regulation.
The NGO Provea said that the approval of the law legalizes “the persecution” of civil society that has denounced abuses and supported thousands of victims “in these dark times in the country’s history.”
A coup that ultimately seeks to control even the smallest sphere of people’s lives and the country, violating the (fundamental) independence of civil society and threatening to dissolve and impose million-dollar fines on NGOs that are already established and comply with dozens of laws and taxes,” he stressed.
In this regard, the organization warned the international community that the law will deepen the persecution of dissident voices and “silence the civic space that has resisted attacks” by the authorities of Nicolás Maduro’s government.
Criticism of the law
On August 13th, The Inter-American Commission on Human Rights (IACHR) urged the National Assembly to refrain from approving the Law of Supervision, Regulation, Action and Financing of Non-Governmental and Related Organizations, since it considered that the right of association in Venezuela would be restricted.
“This law would arbitrarily restrict the right to association, freedom of expression and public participation, in a context of closing civic space. The work of human rights defenders is key to rebuilding a democratic society,” the IACHR said on its X account.
The multilateral organization stressed that the discussion and possible approval of this law is taking place in a context of increasing repression by the Venezuelan authorities following the presidential elections on July 28.
On the same day, the United Nations (UN) High Commissioner for Human Rights, Volker Türk, called on the government of Nicolás Maduro to reject bills to regulate the operation of NGOs.
“I urge the authorities not to adopt these or other laws that undermine the civic and democratic space in the country,” said Türk in a statement read in Geneva by his spokeswoman, Ravina Shamdasani.
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2024-08-16 15:55:50
