CIVICUS speaks with Julio Armando Morón Pulido of CIVILIS about the threat posed by a draft law against fascism currently in discussion in Venezuela’s congress.
Founded in 2010, CIVILIS is an independent, pluralist and autonomous civil society organisation (CSO) dedicated to supporting the work of civil society from a human rights perspective.
What does the draft law against fascism say, and what are its objectives?
The bill establishes concepts such as fascism, neo-fascism and what it designates as ‘other similar expressions’, and links them to violence and the denigration of democracy. It also associates fascism with racism, classism and other ideological positions it rejects.
The bill prohibits and criminalises ideas, expressions and activities that are considered fascist, limiting rights and freedoms. It does so on the basis of vague and ambiguous definitions, which leave a wide margin for interpretation and can therefore be used arbitrarily. It also provides for criminal and administrative sanctions, as well as the dissolution of CSOs and political parties.
This bill follows the same lines as the 2017 Anti-Hate Law. Both promote disproportionate sanctions and deepen an internal enemy narrative. But the anti-fascism bill goes even further, attacking freedom of thought by persecuting ideas contrary to the official ideology.
While purporting to confront fascism, this bill seems to be a tool of stigmatisation and political persecution against all forms of dissent. If passed, it will institutionalise the criminalisation of people and organisations the state identifies as fascist, regardless of their beliefs or activities.
What groups would be most affected if this bill is passed?
If passed, this bill would have a far-reaching impact on human rights and civil society, as it would affect freedoms of thought, expression, association, dissent and peaceful assembly.
By listing ‘neoliberalism’, ‘moral conservatism’ and ‘anti-republicanism’ among the ideas to be persecuted, the bill infringes on freedom of thought. It would seriously affect freedom of expression because it prohibits the spreading of messages that denigrate democracy or express support for what is vaguely defined as fascism. In addition, it would impose a heavy responsibility on the media to avoid propagating any fascist messages, inducing self-censorship.
The bill also restricts freedom of association because it bans organisations based on fascist ideas or ‘similar expressions’ and gives the state the power to dissolve them. As for the right to democratic dissent, the bill establishes political disqualification as punishment for those who advocate for fascism, which could even apply retroactively.
Finally, the bill criminalises the right to peaceful assembly by penalising the organisation of demonstrations that allegedly promote fascism. Virtually any demonstration of opposition to the government could be interpreted as fascist, and therefore banned and criminalised.
CIVILIS believes that open and safe civic spaces are fundamental for democracy and that these restrictions would represent serious violations of civic space and therefore negatively affect Venezuela’s 28 July election.
How have civil society and public opinion reacted to the bill?
Civil society has engaged with international bodies to sound the alarm about the threat this bill represents to human rights and civic space.
We call on the state not to move forward with the process to approve this bill, or any other bill that violates rights and freedoms. Further, we urge an end to the harassment, aggression and persecution of human rights defenders, political and trade union leaders and activists, educators and other people who are considered dissidents.
It is crucial that international protection mechanisms intensify their monitoring of the situation in Venezuela, in the run-up to the election, on election day and in the months that follow. In recent years, Venezuela’s elections have been marked by increased repression and political persecution, so it is critical that they be vigilant in documenting and reporting violations.
What other restrictions weigh on civic space in Venezuela?
Over the past 24 years, a hostile environment for civil society has developed in Venezuela, as the state has increasingly shut down civic space. It has done so with successive laws, regulations and other measures that it has justified with arguments such as the defence of sovereignty and the fight against terrorism, although they don’t conform to democratic standards. CIVILIS has identified at least 13 restrictive laws and regulations.
These include the Law against Organised Crime and Terrorist Financing, which subjects all CSOs to restrictions based on a biased interpretation of Financial Action Task Force standards, even when there is no evidence of terrorist activity. Administrative Ruling 002-2021 obliges CSOs to undergo a complex registration and licensing process, under threat of being declared illegal.
By order of the authorities, CSOs face obstacles in updating their registers, hampering their operations. For instance, they are prevented from incorporating if their statutes include references to human rights and democracy. Similarly, international organisations are kept waiting for authorisation to operate in the country despite the fact that a special registry was created for them in 2020.
Two other bills currently in the National Assembly also threaten civil society. One is the Fiscalisation Bill, which makes the existence of CSOs conditional on state approval, imposing requirements that are almost impossible to meet and prohibiting political activities, with sanctions that include dissolution. The other is the draft Law on International Cooperation, which seeks to centralise cooperation resources in a state fund.
Civic space in Venezuela is rated ‘closed’ by the CIVICUS Monitor.
Get in touch with CIVILIS through its website and follow @_civilis_ on Twitter.