Press Room
NGOS UNDER THREAT
Isabel Garcia Nevett
El Universal
July 9, 2006 - In a battle with Goliath, David should ask the giant for permission in order to attack him. This is the way attorney Alfredo Romero describes the new Law on International Cooperation, intended to control registration and funding of Non-Governmental Organizations (NGO) operating nationwide.
Romero explained the current status of the instrument, also known as the NGO law, as part of political siege that the Bolivarian Government has tightened over the last few years. According to Romero, the siege, including additional measures, such as judicial witch-hunt, the Tascón's roll, attacks on private property, and restrictions to business freedom, seeks to centralize further the National Government and ensure indefinite stay in power.
"In the context of public policies, NGOs are a substantial part of the Government structure. Is not the Government the major human rights abuser? This is the case, at least in conceptual terms, because the State has the power. Now, therefore, how can a NGO enroll on the same agency it is going to attack? Romero wonders.
The NGO law, drafted by the National Assembly (AN) Foreign Affairs Committee, was endorsed in a first session.
Government funding?
Major remarks made by lawyer Carlos Ayala Corao with regard to the NGO law include failure to mention human rights or fundamental freedoms in the area of global cooperation. This is a big issue, based on the nature of the most influential NGOs in Venezuela. Further, Ayala expressed concern about the NGO Comprehensive Registration System. Such registration will be compulsory for both domestic and foreign organizations. NGOs shall abide by government rules and regulations. The Executive will set the requirements and documents that NGOs willing to operate in Venezuela should follow and submit.
"This legal provision is worrying indeed, because it is referred to what the President of the Republic can set eventually in a discretionary manner, such as any requirements that NGO should meet and any documents to be submitted," he asserted.
In Ayala's view, the NGO law verges on unconstitutionality, as the Bolivarian Constitution provides for freedom of association for lawful purposes, particularly Article 52. "The State should not only allow for freedom of association, but also warrant it by taking a positive stance. Therefore, any action that may obstruct or hinder it is against the constitutional standard," the expert in constitutional matters explained.
At the level of international law, the instrument implies violation of rights established both in the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The Venezuelan Government is a party to these instruments. "Both agreements provide for, and acknowledge the right of association. Only the limits or restrictions acceptable in a democratic society are permitted. Therefore, any restriction not needed to keep a democratic society will be considered as opposed to international law," Ayala said.
Also, in a second chapter, the law provides for the establishment of a reserve fund responsible for backing NGOs, provided that they are in line with foreign policy priorities and in the national interest. This is ludicrous, Romero commented. NGOs are designed to criticize and investigate governments, and not necessarily to support them. "The Government can say, 'What NGOs need to hide?' This is not the case. The Government is the one that should hide from NGOs. And NGOs are free to act in accordance with their bylaws and beliefs."
The fund to be established in order to back NGOs is a subject for much discussion among experts. Both Ayala and Romero think that the fund could be used in a too discretionary manner. Some organizations could reap the benefit to the detriment of others. Also, both lawyers highlighted that in the case of human rights NGOs, government funding looks contradictory and unnecessary.
Defenseless
For Ayala, concern about this law goes beyond the juridical or technical background. "Not only the life of NGOs, but the life of a free, pluralist and democratic society is at stake. The future of society is at stake. Rather than NGOs, these laws affect the society. How many people have not been benefited over the last few years by the action of the Venezuelan civil society in the areas of education, health, food and everything related to human rights, including prisons, victims of torture, execution cases? Therefore, they intend to silence society. Major recipients of NGOs in Venezuela are the poorest and underprivileged."
Additionally, Ayala warned against construing the law as some deputies, who seek to distinguish only the effect on NGOs finance or their regulations.
The government stance
Deputy Carlos Escarrá, co-author of the NGO law, told reporters recently about an "information system" to learn about the organizations that work in the context of international cooperation and the source and destination of their funds. Any individuals or institutions against the law, "making a fuss," just "are afraid of submitting their accounts."
Escarrá added that the Foreign Policy Committee received a letter signed by almost 1,000 NGOs that presumably support the bill. igarcia@eluniversal.com