Draft NGO law
Cases- Case status
- Unknown
- Location of case in SG report
- 2021-121-001
- Relevant SG report
- Year of the report
- 2021
- From Country
- 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 Special Procedures: Thematic
- UN Human Rights Council: UN Independent Investigation
- Dates of prior UN action
- 18 December 2020; 10 March 2021
- Type of record
- General situation addressed
- Reprisal information
On 18 December 2020, special procedures mandate holders publicly raised concerns that the new National Assembly of Venezuela would prioritize the adoption of a law that would significantly restrict access to foreign funding for NGOs, noting that these measures have “paralyzing effects” on NGOs that provide humanitarian support for vulnerable populations.79 As noted, implementing partners in receipt of funds for UN humanitarian assistance have been targeted for their cooperation with the UN (see examples above). Mandate holders noted this legislation would add additional oversight of NGOs’ funding and financial operations by the office of the bank sector’s superintendent and the adoption of a new registry for NGOs linked to terrorism. In its oral update on 10 March 2021, the FFM expressed concern about the Government’s tightening of requirements for the registration, funding and operation of NGOs, as well as detention of NGO workers under the Law on Organized Crime and Financing of Terrorism, stating that public officials have fuelled harassment against NGOs through narratives that criticize cooperation with international organizations and actors or the receipt of foreign funds.
- 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
- Government response dates
- 26 August 2021
- Government response content
the Government responded to the note verbale sent in connection to the present report, stating that none of the cases included can be linked to intimidation and reprisals for cooperation with the UN. The Government categorically rejected the way in which the report has approached the cases as alleged reprisals for cooperation with the UN when most of them are allegations and assertions without any legal basis, including those made in connection with the fact-finding mission. Regarding the case of NGOs Azul Positivo, the Government referred to its firm and exhaustive reply provided to special procedures mandate holders on the case. Furthermore, the Government informed that a process of dialogue is currently underway with NGOs working on human rights and humanitarian law to exchange ideas and opinions on their work and the possible obstacles they have faced, and with the cooperation of the OHCHR Office in Venezuela.
- Was the case raised by a State at the UN?
- No
- 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?
- 0