NGO Law Monitor: Venezuela

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Last updated 12 September 2013

Update: Venezuela withdrew from the Inter-American Court of Human Rights in September 2013 after President Nicolas Maduro and other Venezuelan leaders called the court an "instrument of U.S. control in Latin America." Venezuela's exit from the human rights court -- which is affiliated with the Organization of American States -- comes a day after opposition leader Henrique Capriles sent documents to the OAS accusing Maduro of cheating him of the country's April 14, 2013 election. Capriles lost by less than 2 percent of the national vote in that race.

Introduction

Civil society has a long tradition in Venezuela. Civil society organizations may assume various forms, such as NGOs, foundations, neighborhood groups, community organizations and cooperatives. The two primary forms in which non-governmental, non-profit organizations (NPOs) acquire legal personality are civil associations and foundations.

The current Constitution of Venezuela was approved in 1999, and gave a considerable boost to the protection of human rights and citizen participation. The Preamble states that one of the main constitutional objectives is to promote civil participation in order to achieve a participatory democracy. More than 100 articles included in the Constitution seek to promote and protect human rights and citizens’ right to participate as the foundation of democratic coexistence and social peace. Since the approval of the Constitution in 1999, numerous associations have emerged and there is a considerable effort being made to cultivate popular enthusiasm for participation.

Nonetheless, this participatory initiative has been challenged by the Venezuelan Government through both restrictive laws and unwritten government practice targeting NGOs which seek to promote human rights or monitor State actions. Perhaps most disturbingly, the continued existence and functioning of NGOs may be threatened by the draft law entitled Ley de Cooperación Internacional (International Cooperation Law, or “ICL”). The ICL is constraining and ambiguous, and framed in a political context which aims to restrict international cooperation as well as citizen’s rights and liberties, and especially the right of freedom of association.

At a Glance

Organizational Forms	NPOs (Civil Associations and Foundations)
Registration Body	Subsidiary Registry Office (Branch of the Civil Registry System)
Approximate Number	Venezuela does not have any precise data on this subject. Nonetheless, according to REDSOC, which is one of the most important organizations dedicated to gathering information on the subject, there are 960 NPOs registered in Venezuela.
Barriers to Entry	Register before the Subsidiary Registry Office according to the Venezuelan Civil Code (Article 19). Cases have been reported on Registries making the registration process difficult and in some cases forbidding to organizations dedicated to human rights defense.
Barriers to Activities	A wide range of activities is permitted as long as the activities are enumerated in the organization’s governing documents. Foundations are allowed to dedicate themselves to public interest activities in the areas of art, science, literature, charity and social activities.
Barriers to Speech and/or Advocacy	No formal legal barriers. However, cases of direct governmental retaliation and prosecution against members of NPOs that exercise the right of freedom of speech or advocacy have been reported.
Barriers to International Contact	No formal legal barriers. However, cases of direct governmental retaliation and threats against NPOs that work with foreign organizations have been reported.
Barriers to Resources	There are restrictions relating to exchange control. Any financial activity that might be deemed as suspicious must be reported, even if the source of the funds is legitimate.

Key Indicators

Population	27,223,228 (July 2010 est.)
Capital	Caracas
Type of Government	Federal Republic
Life Expectancy at Birth	Male: 70.69 years Female: 77 years (2010 est.)
Literacy Rate	Male: 93.3% Female: 92.7% (2001 census)
Religious Groups	Nominally Roman Catholic 96%, Protestant 2%, other 2%.
Ethnic Groups	Spanish, Italian, Portuguese, Arab, German, African, indigenous people
GDP per capita	$12,600 (2010 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2011.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	78 (2010)	1 – 169
World Bank Rule of Law Index	2.8 (2009)	100 – 0
World Bank Voice & Accountability Index	36.0 (2009)	100 – 0
Transparency International	164 (2010)	1 – 178
Freedom House: Freedom in the World	Status: Partly Free Political Rights: 5 Civil Liberties: 4 (2010)	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	83 (2010)	177-1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1978
Optional Protocol to ICCPR (ICCPR-OP1)	Yes	1978
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1978
Freedom of Association and Protection of the Right to Organize Convention	Yes	1982
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1969
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1983
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	Yes	1999
Convention on the Rights of the Child (CRC)	Yes	1990
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	No
Universal Declaration of Human Rights	Yes	1948
Convention on the Prevention and Punishment of the Crime of Genocide	Yes	1960
International Convention on the Suppression and Punishment of the Crime of Apartheid	Yes	1982
Convention on the Political Rights of Women	Yes	1983
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment	Yes	1991
1967 Protocol on the Status of Refugees	Yes	1986
First and Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty	Yes	1992
Regional Treaties
American Declaration of the Rights and Duties of Man	Yes	1948
American Convention on Human Rights	Yes	1969
Inter-American Convention to Prevent and Punish Torture	Yes	1985
Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women	Yes	1994
Inter-American Convention on the Forced Disappearance of Persons	Yes	1994
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities	Yes	1999
Proposed American Declaration on the Rights of Indigenous Peoples	Yes	1997
Protocol of San Salvador: Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights	Yes	1988
Protocol to the American Convention on Human Rights to Abolish the Death Penalty	Yes	1990

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Constitution of the Bolivarian Republic of Venezuela was adopted in December 30, 1999 through Official Gazette No. 36.860. The Venezuelan Constitution dedicates a considerable number of articles to protecting and stating the importance of the protection of human rights. In relation to the right of freedom of association, the most relevant articles include:

Article 52: Everyone has the right to assemble for lawful purposes, in accordance with law. The State is obligated to facilitate the exercise of this right.

Article 53: Everyone has the right to meet publicly or privately, without obtaining permission in advance, for lawful purposes and without weapons. Meetings in public places may be regulated by law.

Article 57: Everyone has the right to express freely his or her thoughts, ideas or opinions orally, in writing or by any other form of expression, and to use for such purpose any means of communication and diffusion, and no censorship shall be established. Anyone making use of this right assumes full responsibility for everything expressed. Anonymity, war propaganda, discriminatory messages or those promoting religious intolerance are not permitted.

Censorship restricting the ability of public officials to report on matters for which they are responsible is prohibited.

Article 61: All persons have the right to freedom of conscience, and to express the same except those practices affecting personality or constituting criminal offense. Objections of conscience may not be invoked in order to evade compliance with law or prevent others from complying with law or exercising their rights.

Article 67: All citizens have the right of association for political purposes, through democratic methods of organization, operation and direction. Their governing organs and candidates for offices filled by popular vote shall be selected by internal elections with participation of their members. No financing of associations for political purposes with State funds shall be permitted.

Matters relating to the financing of and private contributions to associations for political purposes shall be regulated by law, as shall the oversight mechanisms to guarantee propriety as to the sources and handling of such funds. Law shall also regulate political and election campaigns, the duration thereof and spending limits with a view pursuing its democratization.

Citizens, on their own initiative, and associations for political purposes, shall be entitled to participate in the electoral process, putting forward candidates. The financing of political advertising and election campaigns shall be regulated by law. The authorities of associations for political purposes shall not enter into contracts with organs in the public sector.

Article 68: Citizens have the right to demonstrate, peacefully and without weapons, subject only to such requirements as may be established by law. The use of firearms and toxic substances to control peaceful demonstrations is prohibited. The activity of police and security corps in maintaining public order shall be regulated by law.

National Laws and Regulations Affecting Sector

Constitution (1999)
Código Civil (CC) (Civil Code)
El Codigo Organico Tributario (Tax Code) (2001)
Ley de Impuestos Sobre la Renta (LISR) (Income Tax Law) (as amended in 2007 by the Reforma Parcial de la Ley de Impuestos Sobre la Renta)
Ley de Impuesto Sobre Sucesiones y Donaciones (Law on Taxation of Inheritance and Donations)
Ley para Personas con Incapacidades (Law for Disabled Persons) (2007)
Ley de Impuestos Valor Agregado (LIVA) (Value Added Tax) (as amended in 2007 by the Reforma Parcial de la Ley que establece el Impuesto al Valor Agregado (partial reform of the statute that creates VAT)
Ley Organica de Aduanas (Customs Law) (1999)
Ley Organica de la Educacion (Education Law) 2009
Ley Organica para la Protección del Niño y del Adolescente
Regulamiento de la Ley de Impuestos Sobre la Renta (RLISR) (Regulation to the Income Tax Law)
Regulamiento de la Ley que Establece el Impuesto al Valor Agregado (Regulation to the VAT Law) (1999)
Decreto con rango, valor y fuerza de ley de la reconversión monetaria (Presidential Decree on Monetary Reconversion) (2007)
Ley Orgánica Contra el Crimen Organizado
Reforma de la Ley Organica Contra la Delincuencia Organizada y Financiamiento Al Terrorismo (2012)

Pending NGO Legislative / Regulatory Initiatives

The International Cooperation Law. In 2006 the National Assembly introduced, and passed on first reading, a restrictive draft Law on International Cooperation. The legislature did not take further action, and the law was never enacted.

In November 2010, Chavez made a speech imploring the National Assembly to make “a severe law” that would impede political and non-governmental organizations that are financed by the "Yankee Empire." The Assembly took under consideration a revised version of the International Cooperation Law. The Foreign Affairs Permanent Committee of the National Assembly met on December 1 and released a statement saying it planned to begin a comprehensive review of the law during the second week of December.

Venezuelan NGOs vigorously oppose the law, which they fear will ban international funding entirely, impeding their ability to garner sufficient financial resources to carry out their missions. The Inter-American Commission on Human Rights (IACHR) also expressed its concern that the law’s provisions will restrict the international funding needed by nongovernmental organizations.

The law requires a vast array of organizations to register and subject themselves to highly discretionary government supervision if they engage in any international cooperation activity, broadly defined. The 2010 draft expands the type of organizations required to register under the law but is otherwise substantially similar to the 2006 draft. It contains the following provisions:

The law establishes a Fund for International Cooperation and Assistance that will collect “inheritances, donations, transfers, and other resources received from other governments, international entities, cooperating sources, and national or foreign public and private institutions for purposes of supporting cooperation.”The Fund will potentially allow the government to collect international funds from donors and redirect them in accordance with national priorities as determined by the State. Venezuelan organizations will face serious restrictions on their ability to raise funds, particularly for activities that the government disfavors. This burden may disproportionately affect human rights defenders and advocacy organizations.
A new executive agency will be created to regulate international cooperation with foreign states, international organizations, NGOs, and others and to “organize, direct, control, coordinate, pursue and evaluate all "activities of international cooperation" in Venezuela. Because the agency’s officials are chosen by the President, it will be able to create its own rules regarding how to register and regulate organizations. It is far from clear at this point how the agency will exercise its discretion and whether it will tolerate NGOs that do not support the President’s policies.
The Law will prohibit Venezuelan groups from freely exchanging, in addition to money, goods, and services, “improvement of institutional capacities,” and “creation of human talent.” This provision may be interpreted to regulate the exchange of ideas, information, and opinions with foreign counterparts related to the betterment of their organizations or staff. This would essentially cut off any technical assistance programs that domestic NGOs have with their branches or partner organizations abroad.
The Law creates a system of mandatory registration in order for an organization to be recognized by the State as having the ability to engage in activities with foreign counterparts, as well as to receive money, goods, and services. These registration requirements appear to be in addition to the registration process required to create an organization. A wide range of organizations would be required to register, including organized communities, nongovernmental organizations, universities, corporations, entrepreneurial organizations, unions, and other “social agents regarding those activities related to the international cooperation.” This is a major change from the original draft of the law, which would have required only NGOs to register.

Legal Analysis

Organizational Forms

Venezuelan law recognizes two primary forms of NPOs: civil associations and foundations.

Civil associations are recognized by the Civil Code (CC) [CC, article 19], though they are not specifically defined. Venezuelan courts have defined “civil association” as an assembly of persons organized in a corporate form to realize a common purpose that is non-profit in character.

Similarly, the Civil Code does not explicitly define foundations, but it establishes guidelines for their existence, recognizing that they may be formed only to conduct public benefit activities of an artistic, scientific, literary, charitable, or social nature. [CC article 20] In Venezuelan jurisprudence, “foundation” has been defined as a collection of assets dedicated exclusively and permanently to the attainment of a specific objective.

Public Benefit Status

Civil associations may dedicate themselves to any purpose not contrary to law or public order. A foundation must, by definition, pursue public interest in one of these areas: art, science, literature, charity, or social activities. [CC article 20].

There is no formal governmental process which designates a non-profit organization as a “public benefit organization”. Nevertheless, the Tax Administration implicitly recognizes that particular organizations engage in public benefit activities by granting them tax exemptions under the LISR Articles 14 (3) and (10) and the accompanying regulation. Under the regulation, two types of organizations qualify for income tax exemption: charitable institutions and social assistance institutions. These are not distinct types of legal entities, but rather special designations conferred on eligible associations and foundations.

Barriers to Entry

The Venezuelan Civil Code creates a generally enabling framework for the formation of NPOs. In order to establish a civil association or foundation, the Law requires that it be registered with the Subsidiary Registry Office in the district in which the organization will be based. Registration with the Subsidiary Registry Office is a constitutive formality which grants legal personality to the organization.

In practice, however, state implementation of registration procedures has reportedly made the process difficult and even impeded the registration of NPOs engaging in the defense and promotion of human rights.

Barriers to Operational Activity

Associations are allowed to pursue a broad variety of activities, provided that the activities are enumerated in the organization’s governing documents. Foundations may only dedicate themselves to public interest activities in the areas of art, science, literature, charity, and social activities.

There are currently no legal barriers to an organization’s operational activity.

Barriers to Speech / Advocacy

While there is no express legal prohibition concerning the ability of Venezuelan NPOs to engage in advocacy or political activities, experience has proved that there are practical barriers. The Government has retaliated against members of NPOs who have made studies, reports or declarations criticizing governmental acts. The forms of retaliation vary but include informal threats against the personal integrity of members of NPOs, governmental pressure over donors, judicial prosecution of members of NPOs, and public derision of the NGOs and its members, among others.

Barriers to International Contact

There is no legal prohibition that impedes NPOs from initiating or maintaining international contact. Foreign persons, natural or legal, are fully permitted to establish branch offices in Venezuela. At the same time, however, there have been reported cases of direct governmental retaliation and threats against NPOs that work with foreign organizations.

Barriers to Resources

The principal legal barrier affecting resources springs from the political context that affects all Venezuelan activity and not exclusively NPOs. Since Venezuela has for the past five years been subjected to an exchange control regime, any donation must be converted to Venezuelan local currency, Bolivars. The Ley de IIícitos Cambiarios (Illicit Currency Exchange Law) (“ICEL”) establishes penalties for any legal person – including NPOs – that violates exchange control laws. Penalties include fines and imprisonment.

Since NPOs are considered institutions susceptible to become instruments for money laundering, and other organized crime activities by the Organic Law Against Organized Crime (Ley Orgánica Contra el Crimen Organizado), they are subjected to scrutiny and surveillance by the Executive Organ in charge of the fight against organized crime.

The Law Against Organized Crime and Financing of Terrorism, enacted in December 2011 and effective as of May 2012, requires that any financial activity that might be deemed "suspicious" must be reported, even if the source of the funds is legitimate.

Foreign Funding

The National Assembly on December 21, 2010 passed the Law for Protection of Political Liberty and National Self-determination, which targets NGOs dedicated to the “defense of political rights” or other “political objectives.” Specifically, it precludes these organizations from possessing assets, or receiving any income from foreign sources. Noncompliance could lead to a fine of double the amount received from the foreign source.

Domestic Funding

There are no legal barriers that restrict domestic funding of civil society organizations. The law does require that all legal persons declare the income they receive and how it has been allocated.

An NPO may carry out any type of lawful economic activity compatible with its aims and with its not-for-profit legal personality. Although the Civil Code is silent on the matter, local experts state that Venezuelan courts require that NPOs pursue economic activities only as a means of advancing their non-profit goals, self-sustainability, and financial autonomy.

Due to the current political climate, domestic donors are very careful about funding activities related to human rights defense; they prefer anonymity.

Reports

UN Universal Periodic Review Reports	Not available
Reports of UN Special Rapporteurs	United Nations Office of High Commissioner for Human Rights
USIG (United States International Grantmaking) Country Notes	Venezuela (2010)
U.S. State Department	Advancing Freedom and Democracy Reports 2010 Human Rights Report 2010
Failed States Index Reports	Foreign Policy: Failed States Index 2012
IMF Country Reports	Venezuela
Amnesty International	Report on Venezuela 2010
Human Rights Watch	A Decade under Chavez: Political Intolerance and Lost Opportunities for Advancing Human Rights in Venezuela 2008
Organization of American States (OAS)	Venezuela Annual Report 2009 The Inter-American Commission on Human Rights (IACHR) Report on Democracy and Human Rights in Venezuela 2010
Civil Society Index	CIVICUS Report
International Commission of Jurists	Not available
International Center for Not-for-Profit Law Online Library	Venezuela

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Venezuela leaves international human rights body(September 2013)
Venezuela withdrew from the Inter-American Court of Human Rights after President Nicolas Maduro and other Venezuelan leaders called the court an instrument of U.S. control in Latin America. Venezuela's exit from the human rights court -- which is affiliated with the Organization of American States -- comes a day after opposition leader Henrique Capriles sent documents to the OAS accusing Maduro of cheating him of the country's April 14 election. Capriles lost by less than 2 percent of the national vote in that race.

Civil Society Post-Chavez (May 2013)
There is a powerfully dangerous and condescending myth circulating about so-called ‘civil society’ in Venezuela, which goes something like this, as Daniel Levine put it on a recent radio program, “there’s just not independent groups as we conceive of civil society” in Venezuela. Focusing above all on the Communal Council phenomenon, Levine portrays these directly democratic institutions not as the radically participatory experiment they claim to be, but instead as little more than a cynical ruse by the late Hugo Chávez and his movement to enforce political objectives from above.

Constitutional Conundrum in Venezuela (January 2013)
Since early December 2012, President Chavez has been away from Caracas (in Habana, Cuba), and the state of his health is still a tightly kept secret. According to the Venezuelan Constitution, elected presidents must be sworn in on January 10 of the first year of their term and take an oath before the National Assembly. Mr. Chavez was reelected for a third six-year term in the presidential elections held on October 7, 2012. He won 54 percent of the vote against the 45 percent collected by Henrique Capriles, the candidate from a coalition of all the opposition parties. However, while so-called international accompaniers (the Venezuelan government chose not to allow observers) found no irregularities at the polls, the Chavez-controlled National Electoral Council’s website reveals a doubling of registered voters since 1999, and a surprising percentage of the registry is comprised of voters between the ages of 111 and 129. For reasons that were not clearly disclosed by those at his bedside, Chavez missed his own party on January 10th. The official position of the United Socialist Party of Venezuela (PSUV) is that, even in his condition, Chavez is still making decisions for the nation. Yet, no president was inaugurated, so who, then, is now in charge in Venezuela?

Venezuela writer defends Chavez government (November 2012)
Venezuela writer and intellectual Luis Britto defended the Chavez government against accusations of clamping down on press freedoms during a session held by the Inter-American Commission on Human Rights (Iachr) in Washington last Thursday. Britto called the continual claims of violations of freedom of expression in Venezuela as baseless and without merit, citing the fact that not a single proven case of repression has been brought before the commission.

Human Rights Council Elections: Pander Time (November 2012)
On November 12, 2012, 18 new members were elected to the United Nations Human Rights Council, which the UN says is the forum "all victims of human rights abuses should be able to look to... as a springboard for action." But the election process was emblematic of the betrayal of core human rights principles in the face of challenges from authoritarian states, and the disintegration of the idea of human rights itself in the main institution charged with defending it. The newly elected members include Pakistan, Venezuela and others with serious human rights deficits. A majority of the Council -- 24 of 47 members -- is now composed of states that are unfree or only partially free according to rankings by the nongovernmental organization Freedom House. None of the members from Africa are free, while three of five Asian members are only partially free. A majority of the Council are states from the "Global South."

NGO calls for debate on cable TV regulation in Venezuela (October 2012)
Representatives from several organizations belonging to the NGO Monitor Legislativo (Legislative Monitor) discussed the upcoming Venezuelan legislative agenda. They focused on several draft legislations and reforms that are to be debated at the Venezuelan National Assembly, such as the Organic Code on Criminal Procedure (COPP), the People's Power Law on Communication, the Disarmament Law, and the Law on Social Responsibility in Radio and Television (known as Resorte Law). As for the Resorte Law and a possible regulation of cable TV, director of NGO Espacio Público (Public Space) Carlos Correa recommended launching a debate on this matter. "We have limited information (regarding this legislation). Some of its provisions raise concern because they may entail some violations of Venezuelans' human rights," Correa remarked.

Call to sign petition condemning Venezuela denunciation of the American Convention on Human Rights(October 2012)
Venezuela’s government recently denounced the American Convention on Human Rights (ACHR). It also plans to withdraw from the jurisdiction of the Inter-American Court of Human Rights. This move is seen as political retaliation for the Inter-American Court’s support for human rights claims in Venezuela. Any decision to withdraw from the Inter-American Court’s jurisdiction would set an extremely regressive precedent and constitute a setback for the human rights of the peoples of the Americas. The deadline for the petition asking Venezuela to reverse its decision expired October 1.

NGOs report the killings of 65 union members in Venezuela since the beginning of 2012(September 2012)
Between January and September of this year 65 union members have been killed in Venezuela, most of whom worked in construction. According to the NGO Venezuelan Social Conflict Observatory, and Conglictove.org.ve, there has been an increase in labor related conflicts. According to the director of the Venezuelan Education Program, freedom of association in labor unions has been criminalized and just this year 120 union members have been tried in criminal court, and 273 have been killed during the past five years.

IACHR regrets decision of Venezuela to denounce the American Convention on Human Rights (September 2012)
The Inter-American Commission on Human Rights has been informed that Venezuela presented to the Secretary General of the Organization of American States (OAS) a notice of denunciation of the American Convention on Human Rights, dated September 6, 2012. The Commission observes that, when the denunciation of the Convention enters into effect one year from the date of the presentation of the letter, Venezuela, as a Member State of the OAS, will continue to be subject to the Commission’s jurisdiction and be bound by the obligations established in the OAS Charter and the American Declaration, to which Venezuela has been a State Party since 1948. Nonetheless, it is of deepest concern to the Inter-American Commission that, from the date that the denunciation enters into force, the Inter-American Court will not be able to analyze violations of human rights that may occur in Venezuela. This means that if the State completes the procedure it has begun, the inhabitants of Venezuela will be stripped of a mechanism to protect their human rights.

OAS General Secretary communicates Venezuela´s decision to denounce the American Convention on Human Rights (September 2012)
According to an OAS press release, "The government of the Bolivarian Republic of Venezuela today informed the Secretary General of the Organization of American States (OAS), José Miguel Insulza, through an official letter, that it is denouncing the American Convention on Human Rights.... The OAS Secretary General regrets the decision taken by the government of Venezuela to denounce this legal instrument, one of the pillars of the legal regulations that protect the defense of human rights in the hemisphere."

Amendments to criminal procedure protect public servants who violate human rights (June 2012)
Article 123 of the amended Organic Code of Criminal Procedure (COPP) was issued in mid-June by Venezuela's President Hugo Chávez using his special powers as granted by the National Assembly to make rules by decree. The Article makes the Office of the Ombudsman the only body, in addition to the Attorney General Office, empowered to file suit against public servants or police agents involved in human rights abuses in performing their functions. Furthermore, Article 123 deprives NGOs of the possibility of representing in court the victims of human rights abuses. For instance, from now on, individuals tortured or illegally detained by the police, who cannot afford to hire an attorney, may delegate their representation only to the Office of the Ombudsman.

Attacks on journalists and the media up 16% in Venezuela (May 2012)
Venezuelan NGO "Espacio Público" (Public Space) counted 244 reports of freedom of expression violations, registered in 201 events during 2011, which represents an increase of 16% from 2010. According to a report presented by the NGO, "Each week of 2011, (in average) 4.3 cases of violations of the content and scope of the right to freedom of expression occurred in Venezuela. These data point out to continuous freedom of expression violations."

Venezuelan NGOs present report before IACHR on freedom of expression concerns (March 2012)
Four Venezuelan NGOs presented a report with complaints about restrictions on freedom of expression and alleged attacks on journalists before the IACHR. The National College of Journalists of Venezuela, the National Union of Press Workers, the Human Rights Center at the Catholic University Andres Bello and Public Space discussed censorship and concerns regarding attacks on journalists in the upcoming election year.