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CIVICUS
urges Venezuelan government to reconsider proposed law
CIVICUS
August 07, 2006
CIVICUS
expresses concern that Venezuela’s proposed "International
Cooperation Law" will endanger the existence of an independent
civil society.
On
13 June 2006, Venezuela’s National Assembly pre-approved a government-introduced
bill to restrict the activities of civil society organisations in
the country, despite the existence of current laws and mechanisms
which already regulate their work.
While
the government asserts that the law is meant to prevent foreign
involvement in Venezuela’s domestic politics, if implemented in
its current form, it will erode many of the gains made by civil
society in Venezuela. Of the over 4,000 civil society organisations
in Venezuela, those involved in human rights, governance, HIV/AIDS,
education, community development and environmental work will be
most gravely affected by this law. Independent trade unions may
also be constrained.
Some
of the worrying aspects of the law include.
- Re-registration:
The law makes it mandatory for all civil society organisations
to re-register with an integrated registry system managed by the
executive. Civil society organisations in Venezuela, however,
are already required to register, pay taxes, and register receipt
of all international cooperation funds with the government. Hence,
this requirement seems unnecessarily cumbersome.
- Excessive
arbitrary powers to the executive: Article 18 of the
law empowers the executive to define what constitutes acceptable
and valid international cooperation, and which organisations qualify.
Essentially, the law gives the executive the power to determine
which civil society organisation should exist in Venezuela, when
and how.
- Government-controlled
funding: The law proposes to create an international
Cooperation and Assistance Fund to be administered by an autonomous
organ on behalf of civil society organisations. This fund will
receive donations from both internal and external sources meant
for "international cooperation." The government will
have the power to define what constitutes funds designated for
international cooperation, how funds are obtained, to whom they
can be provided, and how they are administered.
- Information:
The proposed law also requires organisations to submit information
upon demand by the authorities regarding the details of their
activities, and the administration and sources of their funds.
The information could be requested at any time, without justification.
The
law currently awaits approval by the Assembly, which is expected
on 8 August 2006. Once passed, the executive will have 90 days to
issue regulatory decrees defining the parameters and work of the
new organ responsible for overseeing the law. Following this, civil
society organisations and others affected will have six months to
adapt to the new law.
CIVICUS
reminds the government of Venezuela of the vital functions and contributions
of civil society organisations to the development of a democratic
state and the reduction of poverty. Civil society, often through
international cooperation, also provides services and support to
some of the most vulnerable groups in Venezuela.
CIVICUS
calls on the government of Venezuela to:
- Withdraw
the bill in its current form and, through a consultative process,
engage with Venezuelan civil society organisations on appropriate
revisions.
- Abide
by your commitments to uphold and protect freedom of association,
as recognised under Venezuela’s Constitution (Article 52); the
American Convention on Human Rights (Article 16); and the International
Covenant on Civil and Political Rights (Article 22).
For
more information, contact CIVICUS at cswatch@civicus.org
or +27 11 833 5959, or visit www.civicus.org
or www.civilsocietywatch.org.
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