bill on the Control, Regularization, Performance and Financing of Non-Governmental and Related Organisations

Cases
Location of case in SG report
2023-116-001
Relevant SG report
Year of the report
2023
Country Geolocation

Latitude: 6.42375

Longitude: -66.58973

Country Geolocation (linked Cases)
Venezuela
From Region
UN body that raised the case prior to the SG report
  • UN (Dep.) High Commissioner on Human Rights
  • UN Human Rights Council: UN Independent Investigation
Dates of prior UN action
7 October 2019, 28 April 2020, 16 June 2021, 19 November 2021, 12 August 2022,
Type of record
General situation addressed
Type of rights defended
  • Unclear in SG Report
Engagement with UN body
  • Unclear
Type of attempted engagement
  • Unclear
Dates of mentioned reprisals
24 January 2023
Reprisal information
  1. On 24 January 2023, a bill on the Control, Regularization, Performance and Financing of Non-Governmental and Related Organisations84 was tabled in the National Assembly and approved in a first reading. This new bill exacerbated previous concerns raised by several United Nations actors85 on the growing number of restrictive regulations for civil society actors that have impacted their ability and willingness to carry out their work, including their cooperation with the United Nations. The High Commissioner for Human Rights shared with the Human Rights Council the concerns sparked by the tabling of the bill noting that he had provided detailed observations to the authorities.86 Expert of the Independent International Fact-Finding Mission on the Bolivarian republic of Venezuela 87 noted the lack of precision of the bill (Article 13 national sovereignty or Article 15 on the prohibition of “political activities”) and expressed concern that it may negatively affect organisations engaged in documentation work that fed into the investigations of the Fact-Finding Mission and other international bodies. They further noted that civil society organisations were exposed to permanent surveillance through possible checks.
Types of reprisals suffered
  • Threats/Intimidations (incl. "fear of reprisal")
  • Unclear
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
Yes
Does the report make general comment about country’s environment for engagement with UN?
Yes
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No
How many times has the case been followed up in subsequent SG reports?
2
In which SG report was this case followed up on? 0
2024
Follow up information provided in SG report 0
  1. References to the Bill on the control, regularization, performance, and financing of non-governmental and related organizations186 were included in the 2023 report187 of the Secretary-General noting its impact on the ability of civil society groups to carry out their work, including their cooperation with the United Nations. During the reporting period, mandate holders, 188 the International Independent Fact-Finding Mission on Venezuela, 189 and OHCHR190 continued to express concerns about the bill and urged the Government to refrain from its adoption, which could hinder the delivery of aid and life-saving humanitarian assistance.191 On 9 January 2024, the President of the National Assembly announced a public consultation on the content of the bill to facilitate a second discussion that could ultimatelylead to its approval. On 12 January the National Assembly resumed the discussion of the bill.192
Followup Trends 0
Stayed same
Did the government respond? 0
No
In which SG report was this case followed up on? 1
2025
Follow up information provided in SG report 1
  1. References to the Bill on the control, regularization, performance, and financing of non-governmental and related organizations138 were included in the 2023 and 2024 reports139of the Secretary-General noting its impact on the ability of civil society groups to carry out their work, including cooperation with the United Nations.
  2. According to information received by OHCHR, civil society actors are concerned about the negative impact of the legal framework, including recent legislative initiatives (see below), and its potential arbitrary application, including on their advocacy and engagement on human rights issues with the United Nations and its human rights mechanisms.
  3. During the reporting period, OHCHR,140 the International Independent Fact-Finding Mission on Venezuela, 141 and mandate holders, 142 expressed ongoing concerns over Venezuela’s legal framework and recent legislative initiatives.143 In particular, UN actors condemned the adoption of the Law on the control, regularization, performance, and financing of non-governmental and related organizations (hereinafter referred to as the NGO Law), and of the Organic Law of the Liberator Simón Bolívar Against Imperialist Blockade and in Defence of the Bolivarian Republic of Venezuela, both of which were adopted and promulgated in November 2024. UN actors called for the repeal of both laws, and voiced alarm over the potential adoption of the Bill Against Fascism, Neo-Fascism and Similar Expressions. 144 (VEN 8/2024) Specifically, OHCHR noted that the NGO Law imposes arbitrary limitations on the autonomous functioning of NGOs and special procedure mandate holders stated that the approval of a national law for the control of civil society would only tighten restrictions on the right to freedom of association.
  4. According to information received by OHCHR, under the NGO Law, organizations were required to register by 13 February and 15 May 2025. At the end of April, only two had completed registration and no penalties had been reported for delays at the time of writing. Unregistered NGOs reportedly face possible prosecution while those registered or attempting to register may be subject to close monitoring. The registration process has reportedly been marked by inconsistent criteria across registries and frequent changes in documentation requirements. Additionally, most organizations cited the costs of required financial statements (ranging from USD 150 and 200 each) as a significant financial burden.
Followup Trends 1
Deterioration/further reprisals
Date of follow up 1
13 August 2024; 4 September 2024; 17 September 2024
Did the government respond? 1
No
Was this case followed up by a UN body? 1
  • HC-mandated reports
  • OHCHR: OHCHR - General
  • UN Special Procedures: UN Special Procedures - General