Section 3. Freedom to Participate in the Political Process
The 1999 constitution, the country’s 26th since independence in 1811, provides citizens the ability to change their government through free and fair elections, but government interference, electoral irregularities, and manipulation of voters and candidates restricted the exercise of this right in the May 20 presidential elections.
Elections and Political Participation
Recent Elections: The CNE executed deeply flawed presidential elections on May 20 that elicited historically low participation and undermined public faith in the democratic process. The elections took place on a remarkably short timeline–announced on February 7, they were originally scheduled for April 22, less than 75 days later–effectively preventing a nationwide opposition campaign. The CNE banned the leading opposition parties, using the ad hoc explanation that they had given up their stature by boycotting December 2017 municipal elections. Furthermore, leading opposition politicians were prohibited from running, including Henrique Capriles (Primero Justicia) and Leopoldo Lopez (Voluntad Popular).
In September the CNE extended its ban to the oldest surviving opposition party, Accion Democratica (AD), declaring it would be prohibited from running candidates in municipal council elections scheduled for December. The ostensible reason the CNE gave for the ban was AD’s decision not to participate in a “recertification” process called abruptly in August. AD leaders noted they had successfully completed a similar process in January and no legal basis existed for the new requirement.
During the May 20 presidential elections, national media noted various irregularities, including financial benefits offered to PSUV voters, government vehicles used to transport PSUV voters to voting centers, opposition party observers blocked from polling centers, media blocked from covering events at polling centers, and distribution of food coupons to progovernment voters. There were no reports the government forced government workers or benefit recipients to vote, as had been customary in the most recent national elections.
Even though there had been no referendum to approve efforts for constitutional reform, in July 2017 at the president’s direction, the CNE held fraudulent and violently protested elections to choose representatives for the ANC that would reportedly rewrite the constitution. Observers claimed the CNE was used to usurp the authority of the National Assembly and legitimize unconstitutional acts of the regime.
Political Parties and Political Participation: Opposition political parties operated in a restrictive atmosphere characterized by intimidation, the threat of prosecution or administrative sanction on questionable charges, and very limited mainstream media access.
During the year the government expanded the carnet de la patria program, introduced in 2017 as a multipurpose identification card, so that it was required to access government-funded social services. In September the government announced gasoline, largely subsidized by the government, would be sold only at higher international prices to those without a carnet de la patria. Cardholders were reportedly also granted exclusive access to educational scholarships, subsidized food, and other government support. The government set up carnet de la patria check-in points outside of voting centers during national elections and urged cardholders to “register” their votes. According to the government, as of October more than 17 million of the 30 million residents had registered for the card. To qualify for the card, applicants must provide proof of political affiliation and respond to a number of questions regarding the social service benefits they receive. Government opponents asserted the card amounted to social control, a tool to leverage access to scarce subsidized consumer products in return for political loyalty.
Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate. The ruling party had a number of high-level female politicians and ministers, while the opposition lacked female and minority representation.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, but the government did not implement the law effectively. Some officials explicitly acknowledged corruption as a major problem. The government frequently investigated, prosecuted, and detained political opponents on corruption charges to harass, intimidate, or imprison them. According to Transparency International, among the main reasons for the country’s widespread corruption were impunity, weak institutions, and a lack of transparency in the management of government resources.
Corruption: On August 4, Attorney General Tarek William Saab announced the Public Ministry’s reportedly successful efforts to fight corruption during his first year in office. According to Saab, 616 persons were convicted of corruption-related charges; however, the government did not provide information regarding the alleged cases or persons convicted.
Corruption was a major problem in all police forces, whose members were generally poorly paid and minimally trained. There was no information publicly available about the number of cases involving police and military officials during the year, although the Public Ministry publicized several individual cases against police officers for soliciting bribes and other corrupt activities.
Financial Disclosure: The law requires public officials, as well as all directors and members of the boards of private companies, to submit sworn financial disclosure statements. By law the Public Ministry and competent criminal courts may require such statements from any other persons when circumstantial evidence arises during an investigation.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A variety of independent domestic and international human rights groups generally operated with some government restrictions. Major domestic human rights NGOs conducted investigations and published their findings on human rights cases. Government officials were rarely cooperative or responsive to their requests. Domestic NGOs reported fear the government would use the 2017 Law against Hate to justify widespread repression of their activities, jailing of the participants and organizers, and threats against family members. Some domestic NGOs reported government threats and harassment against their leaders, staff, and organizations, in addition to government raids and detentions, but they were able to publish dozens of reports during the year. Some human rights activists reported authorities barred them from traveling abroad or that they feared not being able to return to the country if they traveled. NGOs played a significant role in informing citizens and the international community about alleged violations and key human rights cases.
NGOs asserted the government created a dangerous atmosphere for them to operate. The PSUV first vice president and ANC president, Diosdado Cabello, used his weekly talk show to intimidate NGO staff from Espacio Publico, PROVEA, and Foro Penal. Several organizations, such as the OVP, PROVEA, Foro Penal, and Citizen Control, reported their staffs received both electronic and in-person threats. Human rights organizations claimed they were subject to frequent internet hacking attacks and attempts to violate their email privacy.
The law prohibits domestic NGOs from receiving funds from abroad if they have a “political intent”–defined as the intent to “promote, disseminate, inform, or defend the full exercise of the political rights of citizens” or to “defend political rights.” The government threatened NGOs with criminal investigations for allegedly illegally accepting foreign funds. Various government officials accused human rights organizations on national television and media of breaking the law by receiving funding from international donors.
For violations the law stipulates monetary penalties, a potential five- to eight-year disqualification from running for political office, or both. The law defines political organizations as those involved in promoting citizen participation, exercising control over public offices, and promoting candidates for public office. Although there was no formal application or enforcement of the law, it created a climate of fear among human rights NGOs and a hesitancy to seek international assistance.
In addition to the restrictions placed on fund raising, domestic NGOs also faced regulatory limitations on their ability to perform their missions. The law includes provisions eliminating the right of human rights NGOs to represent victims of human rights abuses in legal proceedings. The law provides that only the public defender and private individuals may file complaints in court or represent victims of alleged human rights abuses committed by public employees or members of security forces.
The United Nations or Other International Bodies: The government was generally hostile toward international human rights bodies and continued to refuse to permit a visit by the IACHR, which last visited the country in 2002. The government also repeatedly refused to grant access to the OHCHR to investigate the human rights situation.
Government Human Rights Bodies: Throughout the year the government gave its 2016 human rights plan minimal attention.
The TSJ continued to hold the National Assembly in “contempt” status, which diminished the purview and operational effectiveness of the assembly’s subcommission on human rights.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, making it punishable by a prison term of eight to 14 years. A man legally may avoid punishment by marrying (before he is sentenced) the person he raped. The law allows authorities to consider alternative forms of punishment, including work release, for those convicted of various crimes, including rape, if they have completed three-quarters of their sentence.
The law criminalizes physical, sexual, and psychological violence in the home or community and at work. The law punishes perpetrators of domestic violence with penalties ranging from six to 27 months in prison. The law requires police to report domestic violence to judicial authorities and obligates hospital personnel to notify authorities when admitting patients who are victims of domestic abuse. Police generally were reluctant to intervene to prevent domestic violence and were not properly trained to handle such cases. The law also establishes women’s bureaus at local police headquarters and tribunals specializing in gender-based violence, and two-thirds of states had specialized courts. The Public Ministry’s Women’s Defense Department employed a team of lawyers, psychiatrists, and other experts who dealt exclusively with cases of femicide, gender-related violence, and other crimes against women.
Many advocates observed there was a lack of public awareness among women regarding resources and support available to prevent and combat domestic violence. The government offered some shelter and services for victims of domestic and other violence, but NGOs provided the majority of domestic abuse support services.
Sexual Harassment: Sexual harassment is illegal and punishable by fines and a prison sentence of one to three years. Although allegedly common in the workplace, sexual harassment cases were rarely reported.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Women enjoy the same legal status and rights as men under the constitution. Women and men are legally equal in marriage, and the law provides for gender equality in exercising the right to work. The law specifies that employers must not discriminate against women with regard to pay or working conditions. According to the Ministry of Labor and the Confederation of Workers, regulations protecting women’s labor rights were enforced in the formal sector, although according to the World Economic Forum, women earned 36 percent less on average than men doing comparable jobs.
The law provides women with property rights equal to those of men.
Birth Registration: Citizenship is derived by birth within the country’s territory. According to UNICEF, 81 percent of children younger than age five were registered at birth, based on 2011 statistics provided by the government.
Child Abuse: According to UNICEF and NGOs working with children and women, child abuse, including incest, occurred but was rarely reported. The government made efforts to detain and prosecute some perpetrators of child abuse. Although the judicial system acted to remove children from abusive households, the press reported public facilities for such children were inadequate. According to NGOs, in many cases children were returned to their homes without proper reintegration measures or follow-up.
Early and Forced Marriage: The legal minimum age for marriage is 18 for women and men, but with parental consent, the minimum age is 16.
Sexual Exploitation of Children: By law sexual relations with a minor younger than age 13, with an “especially vulnerable” person, or with a minor younger than age 16 when the perpetrator is a relative or guardian, are punishable with a mandatory sentence of 15 to 20 years’ imprisonment. The law prohibits the forced prostitution and corruption of minors. Penalties range from 15 to 20 years’ imprisonment in the case of sex trafficking of girls, although the law requires force, fraud, or coercion in its definition of sex trafficking of children. The law prohibits the production and sale of child pornography and establishes penalties of 16 to 20 years’ imprisonment.
Displaced Children: Children’s rights advocates noted an increase of up to 40 percent in the number of children living on the street, compared with 2017, when leading advocates and the press estimated 10,000 children lived on the streets. As parents fled the country’s economic crisis, many left their children behind with family members, many of whom also struggled with the country’s economic downturn. State-run facilities already filled to capacity were unable to support the influx of children in need. The government did not provide additional resources to support these centers, and at least four centers closed in the first quarter of the year due to a lack of resources. Private institutions denounced the government’s refusal to provide subsidized food benefits to support their population. NGOs noted young girls made up close to half of the children living on the streets, a significant increase. The significant shift posed particular challenges for shelters, which historically managed predominantly male populations. With institutions filled to capacity, hundreds of children accused of infractions, such as curfew violations, were confined in inadequate juvenile detention centers.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
There were reports of societal abuses or discrimination based on religious affiliation, belief, or practice, including anti-Semitism.
The Confederation of Israelite Associations in Venezuela estimated there were 9,000 Jews in the country. Jewish community leaders expressed concern about anti-Semitic statements made by high-level government officials and anti-Semitic pieces in progovernment media outlets. They said government-owned or -associated media and government supporters again denied or trivialized the Holocaust, citing media reports of President Maduro’s comparing migrant Venezuelans to Jews persecuted by Hitler. The community leaders noted many other anti-Semitic incidents occurred during the year.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical and mental disabilities, but the government did not make a significant effort to implement the law, inform the public of it, or combat societal prejudice against persons with disabilities. The law requires that all newly constructed or renovated public parks and buildings provide access, but persons with disabilities had minimal access to public transportation, and ramps were almost nonexistent. Many persons with disabilities expressed concerns that public transportation workers often were unwilling to transport them and forced them to find taxis, which were often out of their financial reach and also frequently not equipped to support patrons with disabilities. Parents of children with disabilities also complained they were forced to wait in long lines for services rather than provided preference in line as is afforded by law. Online resources and access to information were generally available to persons with disabilities, although access to closed-captioned or audio-described online videos for persons with sight and hearing disabilities was limited. Separately, leading advocates for persons with hearing disabilities lamented difficult access to public services due to a lack of government-funded interpreters in public courts, health-care facilities, and legal services, as well as a lack of other public accommodations.
The National Commission for Persons with Disabilities, an independent agency affiliated with the Ministry for Participation and Social Development, advocated for the rights of persons with disabilities and provided medical, legal, occupational, and cultural programs. According to the commission, less than 20 percent of persons with disabilities who registered with government health programs were fully employed.
The constitution prohibits discrimination based on race. The law prohibits all forms of racial discrimination and provides for a maximum of three years’ imprisonment for acts of racial discrimination. As mandated by law, signage existed outside commercial and recreational establishments announcing the prohibition against acts of racial discrimination. Beyond signage the government did little to enforce the laws against discrimination or prosecute cases of discrimination.
There were no reports the government arrested or prosecuted suspects regarding 2017 attacks by demonstrators that killed two Afro-Venezuelan men, despite videos of the attacks circulating widely on social media.
The law prohibits discrimination based on ethnic origin. The constitution provides for three seats in the National Assembly for deputies of indigenous origin to “protect indigenous communities and their progressive incorporation into the life of the nation,” but some indigenous communities had been without representation in the national legislature since the TSJ annulled the 2015 election of Amazonas State’s indigenous representative.
NGOs and the press reported local political authorities seldom took account of indigenous interests when making decisions affecting indigenous lands, cultures, traditions, or allocation of natural resources. Indigenous groups continued to call for faster implementation of the demarcation process.
Indigenous groups and NGOs expressed concern regarding mining in the growing “Arco Minero,” an area that extends between the states of Bolivar and Amazonas. Indigenous communities reported the government developed and expanded mining zones without consulting those native to the region. Armed groups, including Colombian guerrillas, had a considerable presence in the area, increasing the level of violence and insecurity in the communities. There was also an unprecedented influx of diseases, as well as prostitution and other illegal activities, in the mining areas, putting indigenous communities at risk.
Indigenous groups regularly reported violent conflicts with miners and cattle ranchers over land rights. There were reports of harassment, attacks, and forced evictions against indigenous persons living in areas included as part of government mining concessions.
Border disputes with Colombia affected indigenous groups living in border regions. While the president proclaimed indigenous persons on the border could cross freely, there were many reported cases in which movements of indigenous groups were restricted.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The constitution provides for equality before the law of all persons and prohibits discrimination based on “sex or social condition,” but it does not explicitly prohibit discrimination based on sexual orientation or gender identity. According to a TSJ ruling, no individual may be subjected to discrimination because of sexual orientation, but the ruling was rarely enforced.
Credible NGOs reported incidents of bias-motivated violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons. Reported incidents were most prevalent against transgender individuals. Leading advocates noted that law enforcement authorities often did not properly investigate to determine whether crimes were bias-motivated.
Local police and private security forces allegedly prevented LGBTI persons from entering malls, public parks, and recreational areas. NGOs reported the government systematically denied legal recognition to transgender and intersex persons by preventing them from obtaining identity documents required for accessing education, employment, housing, and health care. This vulnerability often led transgender and intersex persons to become victims of human trafficking or prostitution.
HIV and AIDS Social Stigma
The law provides for the equal rights of persons with HIV/AIDS and their families. Nevertheless, leading advocates alleged discrimination against such persons.