Statements of Support
HUMAN RIGHTS INTERAMERICAN COMMISISSION WORRIED ABOUT THE VENEZUELA’S LAW PROJECT ON INTERNACIONAL COOPERATION
The Human Right Inter American Commission (HRIC) manifests its concern for some provisions stated on the “Law project on International Cooperation” being discussed by the Bolivarian Republic of Venezuela’s National Assembly. If approved, those norms may create obstacles to the establishment, independency and functioning of non- government organizations.
Based on article 41 from the American Convention, where the commission is given faculty to suggest recommendations to OAS states members, in matters of taking measures pursuant to the promotion of observance of human rights within their own laws and constitutionals precepts, the HRIC requested from Venezuela information about the project and offered itself to provide counseling on Inter American protection standards that may enrich the National Assembly’s discussions. In response, the State informed on its objectives and a copy of the Law project was attached.
The Commission objects that language vagueness concerning several dispositions on the project plus the wide discretional margin given to authorities in charge of decreeing the law, will create a risk that said norms be interpreted in a restrictive manner to limit, among others, the exercise of the freedom of association, freedom of speech, freedom of political and equal participation, so it may, seriously, affect the job of non-government organizations.
The Commission reminds its advice to the States in its Report of Human Rights Defenders in the Americas, published in March 7th, 2006. Such advice suggests “to refrain from promoting laws and policies registering human rights organization, that use vague, imprecise and ample definition in respect to legitimate motives to restrain its possibilities of information and functionality”. In accordance with dispositions on the American Convention, article 16, the restrictions to the freedom of association must be strictly provided by the Law and must be those necessary in a democratic society.
The project, in discussion, establishes, among others, that inscription of non-government organizations in the “Integrated Registry System” is “compulsory and is an indispensable condition to be recognized by the Venezuelan State, as entities capable of performing cooperation activities with its equals in other countries.” The Commission emphasizes that registering systems aimed at promoting transparency not necessarily have to disagree with international standards. However, Laws by which authorities obtain discretional power, thanks to inscription registries, are a violation of those standards. The Commission considers that the above mentioned norm could be interpreted, in a sense, as if only the accepted organizations were the ones allowed to engage freely in its activities.
The Commission is also concerned that this registry may hinder or obstruct the activities and sources of financing of non-government organizations whose goals have been basic in the strengthening of Venezuelan democracy.
The Commission invites the State to implement the recommendations on the subjects contained in the Report on Human Right Defenders in the Americas. In particular, “to assure that any legislative disposition to regulate the inscription procedure of non-government organizations, in the public registries, will not become in a previous authorization or obligatory permission to the carry out of their activities.
Likewise, it worries the Commission the opinions expressed by a few legislators who, during the debate, according to official sources, manifested that the intention of this project would be “to confront the under-covered NGO’s”, which would be “the same coup d’etat supporter organizations, totaling 72 of them, mostly looking for press coverage”. Additionally, it was stated that the Law would be a “well-aimed shot […] to those press-disguised NGO’s because, in reality, they are terrorist organizations ready to give a bang”
The Commission awaits that in the case of sanctioning a Law, this be adapted to the standards established in the international instruments on Human Rights protection, and those specifically outlined on the Americas Human Rights Defenders Report. In this sense, the Commission, being within its functions offers advice with the purpose of contributing in the development of Laws and precepts from a perspective of observance of Human Rights.
Guatemala City, July 19, 2006