Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/venezuel.txu

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TITLE:  VENEZUELA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995




Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of the press and free
speech, and in 1994, these liberties, along with academic
freedom, were widely respected.  Venezuela has a free and
lively press, which frequently criticizes the Government and
denounces government interference in the media.

However, in December the Congress passed and the President
signed a law which forbids persons without journalism degrees
to practice the profession and requires journalists to be
members of the National Association of Journalists.  Media
owners, the Catholic Church, and certain press groups
criticized the bill as a violation of the right to freedom of
expression contained in the Constitution and international
agreements on human rights.  The Newspaper Publishers'
Association began a lawsuit challenging the constitutionality
of nine articles in a 1972 law governing the practice of
journalism and said it will also challenge the new regulations.

There were no prosecutions for the killing of two reporters,
Maria Veronica Tessari and Virgilio Fernandez, by members of
the security forces during the 1992 coup attempts.  The human
rights committee of the National Association of Journalists,
created in 1993, continued to seek a thorough investigation of
the deaths and of other alleged abuses against journalists.

PROVEA documented 48 violations of freedom of expression
between September 1993 and October 1994.  These violations
included incidents of physical abuse of reporters by members of
the security forces and incidents where the civilian and
military courts sought to prevent the publication or broadcast
of certain information.  The figures for this period, however,
represented a positive trend, since PROVEA had documented 125
such violations during the previous 12-month period.  Moreover,
most of the reported instances took place at the end of 1993 or
in early 1994, and were not characteristic of the situation
after the new Government assumed power in February.

Venezuela has a wide variety of electronic and print media.
The Government is a significant source of advertising revenue
for the media, but there appear to be no recent instances in
which government advertising was channeled for political ends.

     b.  Freedom of Peaceful Assembly and Association

The Government normally respects the constitutional provision
for freedom of peaceful assembly and association.  Professional
and academic associations operate without interference, and
public meetings, including those of all political parties, are
generally held unimpeded.  The Government requires permits for
public marches but does not deny them for political reasons.

As in earlier years, a number of demonstrations turned violent
and were then repressed by security forces.  PROVEA reported,
however, that the security forces also stopped 133 of 1,099
reportedly peaceful demonstrations from October 1993 through
September 1994, during which 5 people were killed and about 657
detained.  PROVEA noted, however, that the level of repression
was much lower than in previous years.  From 1990 through
September 1993, security forces had killed 35 people during
peaceful protests.

     c.  Freedom of Religion

The Constitution provides for the right for everyone to profess
and practice a religious faith, provided it is not contrary to
public order or good custom.  The authorities respect this in
practice; all religious groups enjoy freedom of worship.
Foreign missionaries proselytize actively throughout the
country.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens and legal residents are free to travel within the
country and to go abroad and return.  Venezuela traditionally
has been a haven for refugees, exiles, and displaced persons
from many European, Caribbean, and Latin American countries.
They are given normal residence status and may be expelled only
because of criminal activities.

Despite the June suspension of the freedom to travel, there was
only one report of an effort to restrict travel.  In October
immigration officials at the Caracas airport temporarily
prevented an opposition Congressman from traveling outside the
country.  The Interior Minister promptly apologized for the
action and acknowledged that it was improper.  The suspension,
however, was still in effect at year's end.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Venezuela is a multiparty democracy with a government freely
elected by secret ballot.  Suffrage is mandatory for all those
18 years of age or older, and the political process is open to
all.  Elections for the President, both houses of Congress, and
the state legislative assemblies are held every 5 years.
President Rafael Caldera, elected in the December 1993 national
elections, took office in February.

Charges of irregularities and fraud which marred the 1992 state
and local elections, as well as the 1993 congressional
elections, carried over into 1994.  On the basis of such
complaints, the Supreme Court ordered new gubernatorial
elections in three states, which took place in April.  The
absence of automated vote counting machines undermined public
confidence in the fairness and transparency of the election
process.

Political views are freely expressed, and persons from the
entire political spectrum contend for positions ranging from
municipal council seats to the presidency.  The Democratic
Action Party (AD) and the Social Christian Party (COPEI), both
centrist, remain the two largest political parties.  However,
following the 1993 elections, political power in the Congress
is effectively divided roughly equally among four parties: AD,
COPEI, the Convergence/Movement towards Socialism Alliance (the
group supporting President Caldera), and the Causa R party.

Women and minorities participate fully in government and
politics, but remain underrepresented.  There are no legal
impediments to their participation, but traditional attitudes
led to some de facto impediments.  Women and minorities are
promoted into high-level positions at a slower rate than
nonminority men.  There are 12 female deputies in the lower
house of Congress (out of a total of 203), 4 female Senators
(out of 53) and 1 female governor (out of 23).  Indigenous
people have traditionally not been fully integrated into the
political system owing to their lack of knowledge of how it
works, low voter turnout, and residency in areas far from the
capital and other cities.  Few indigenous people are in
government and only one is a Deputy in Congress.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Numerous local human rights groups are active throughout the
country and vigorously criticize perceived government
inadequacies in redressing grievances.  The groups operate free
of government restriction and interference, although some have
complained of occasional police harassment.  In the summer and
early autumn, the Red de Apoyo human rights group received a
series of telephone threats after some of its members were
interviewed on local radio and television programs.  The nature
of the threats led the group to believe that the perpetrator
was a member of the police.

Both Amnesty International and Human Rights Watch have released
comprehensive reports on Venezuela's human rights problems.
These received extensive press coverage, as have those produced
by some local organizations.  At various times in the year,
several cabinet ministers, state governors, and members of the
military met with representatives of local human rights groups
to hear their concerns.  In July President Caldera and a number
of cabinet ministers also met with foreign representatives from
AI.  The Ministry of Foreign Affairs opened a special human
rights unit to address both domestic and international human
rights concerns; it is too early to assess its effectiveness.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Government does not sufficiently enforce laws ensuring
children's welfare, safeguarding the rights of indigenous
peoples, and protecting women against societal and domestic
violence.

     Women

The Constitution prohibits discrimination on the basis of
gender, and the Congress reformed the Civil Code in the 1980's
to make women and men legally equal in marriage.  Women
comprise roughly half the student body of most universities,
have advanced in many professions, including medicine and law,
and have gradually torn down many of the barriers to their full
participation in political and economic life.  Nonetheless,
women are still underrepresented in political positions and in
the top ranks of labor unions and private industry.

The Labor Code specifies that employers must not discriminate
against women with regard to pay or working conditions, must
not fire them during pregnancy and for a year after giving
birth, must grant them unpaid leave (and compensation from the
Social Security Agency) for 6 weeks before the birth of a child
and 12 weeks after, and must provide them 10 weeks of unpaid
leave if they legally adopt children under 3 years of age.
According to the Ministry of Labor and the major labor
federation, these regulations are enforced in the formal
sector, although social security payments are often delayed.

Women face difficulty in countering institutional and societal
prejudices regarding rape and domestic violence.  The law makes
rape extremely difficult to prove, requiring at a minimum a
medical examination within 48 hours of the violation.  Few
police officers are trained in dealing responsibly with rape
victims.  The PTJ received 3,985 reports of rape in the entire
country in 1993.  Women's organizations, however, assert that
this figure is very low and does not portray an accurate
picture of the problem of rape, as the overwhelming majority of
victims do not report the incident or press charges due to
societal pressure and feelings of guilt.

There are very few laws to protect women against domestic
violence other than statutes against assault and battery.
Domestic violence against women, however, is very common and
has been aggravated by the country's economic difficulties.
According to local monitors, the police are generally unwilling
to intervene to prevent domestic violence, and the courts
rarely prosecute those accused of such abuse.  In addition,
poor women are generally unaware of legal recourses and have
little access to them.

     Children

Many Venezuelan children face hardship.  The Government scaled
back its expenditure on education, health, and social services,
leaving many impoverished children with no government
assistance.  While the law provides for universal free
education, children's rights groups assert that the Government
dedicates insufficient funding to primary and secondary
education.  Many government agencies responsible for the
welfare of children are plagued by corruption, and government
funding often does not reach the children it is intended to
help.  In addition, many reform institutions for young
delinquents are in deplorable condition.

According to children's rights groups, the recent increase in
poverty has increased stress on families and led to a rise in
child abuse.  Neighbors are often hesitant to report cases of
child abuse, however, due to a fear of becoming involved with
authorities and ingrained attitudes regarding family privacy.
The overburdened judicial system, though very slow, generally
assures that in most situations children are removed from
abusive households once a case has been reported.  A
representative from the leading children's right group in
Caracas, however, asserted that in many cases a child is better
off even in an abusive household than in a public facility,
where staff are often poorly trained and funding is low.

     Indigenous People

Although the law prohibits discrimination based on ethnic
origin, members of the country's indigenous population
frequently suffer from inattention to and violation of their
human rights.  Venezuela is home to about 315,000 indigenous
people in 25 ethnic groups, according to a special 1992 census.

The Constitution provides for special laws governing "the
protection of indigenous communities and their progressive
incorporation into the life of the nation."  Nonetheless,
indigenous people are not able to protect their civil and
political rights or to influence decisions affecting their
lands, cultures, traditions, and the allocation of natural
resources.  For example, indigenous groups were not successful
in obtaining the legislation they sought to preserve ancestral
lands and cultures, or to enact proportional representation to
provide more ethnic minorities in the country's legislative
bodies.  Indian rights advocates have noted that few indigenous
people work in government agencies responsible for Indian
affairs.

Many of the country's indigenous people live isolated from
modern civilization and lack access to basic health and
educational facilities theoretically available to all
Venezuelans.  High rates of cholera, hepatitis-B, malaria, and
other diseases plague their communities.  Tourists and other
outsiders inadvertently introduce new viruses to Indian
populations with unprepared immune systems:  the common cold
often becomes bronchitis, and chicken pox can be fatal.  In
addition, few indigenous communities hold title to their lands,
and many have been displaced in recent years by government-
sponsored projects.  Fertilizer and machinery have polluted
rivers, while strip mining and large-scale farming have
destroyed habitats.

The Yanomami, the most primitive of the indigenous people in
Venezuela, have been subject to persistent incursions into
their territory by illegal Brazilian gold miners.  The miners
have not only brought diseases but reportedly coerced some of
the Indians to be servants and prostitutes.  In August 1993,
miners killed at least 16 Yanomami in a remote area of Amazonas
state.  An indigenous people's group reported two similar
killings in 1994.  The Government began to bomb illegal
airstrips used by the miners and to use force to try to prevent
the miners' entry along the porous border.  Indigenous peoples'
groups, however, strongly criticized the Government for not
forcefully seeking the prosecution of the perpetrators of the
1993 massacre who had retreated into Brazilian territory.

In February members of the army shot and killed three members
of the Yucpa ethnic group after women in the group tried to
block the soldiers from taking wood they had cut.  The military
allegedly responded by firing indiscriminately.  To protest the
killings, a large group of Yucpas temporarily took over several
ranches and blocked roads.  The investigation of the killings
was impeded in March due to a jurisdictional dispute between
military and civilian courts.  There were no arrests by the end
of the year.


     People with Disabilities

In 1993 the Government passed the first comprehensive law to
protect the rights of the disabled.  The new law requires that
all newly constructed or renovated public parks and buildings
provide access for the disabled.  Among other important
provisions, the law forbids discrimination in employment
practices and in the provision of public services.  However,
the Government did not make a significant effort to implement
the law, to inform the public of the new law, or to try to
change societal prejudice against the disabled.

The physically impaired still have minimal access to public
transportation, and ramps are practically nonexistent, even in
government buildings.  According to local advocates, the
disabled are discriminated against in many sectors, including
education, health care, and employment.  There have been a few
reported incidents in which public university programs expelled
disabled people and hospitals turned them away, even for the
treatment of afflictions unrelated to their disability.

Section 6  Worker Rights

     a.  The Right of Association

Both the Constitution and labor law recognize and encourage the
right of unions to exist.  The comprehensive 1990 Labor Code
extends to all private sector and public sector employees
(except members of the armed forces) the right to form and join
unions of their choosing.  The Code mandates registration of
unions with the Ministry of Labor, but it reduces the
Ministry's discretion by specifying that registration may not
be denied if the proper documents (a record of the founding
meeting, the statutes, and the membership list) are submitted.
Only a judge may dissolve a union, and then only for reasons
listed in the law, such as the dissolution of a firm or by
agreement of two-thirds of the membership.

One major union confederation, the Venezuelan Confederation of
Workers (CTV), and three small ones, as well as a number of
independent unions, operate freely.  About 25 percent of the
national labor force is unionized.  There are no restrictions
on affiliation with international labor organizations, and many
union organizations play active international roles.  The CTV's
top leadership includes members of several political parties.
The majority are affiliated with the country's largest party,
AD, and the CTV and the AD reciprocally influence each other.

The law recognizes the right of public and private sector
employees to strike.  However, public servants may only
exercise it if it does not cause "irremediable damage to the
population or to institutions."  The Labor Code allows the
President to order public or private sector strikers back to
work and to submit their dispute to arbitration if the strike
"puts in immediate danger the lives or security of all or part
of the population."  During 1994 most strikes occurred among
government employees.  With the exception of a prolonged strike
by public school teachers, which was settled through Labor
Ministry mediation, the threat to strike was sufficient in most
cases to achieve a resolution satisfactory to the workers.

     b.  The Right to Organize and Bargain Collectively

The Labor Code protects and encourages collective bargaining,
which is freely practiced.  According to the Code, employers
"must negotiate" a collective contract with the union that
represents the majority of their workers.  The Code also
contains a provision stating that wages may be raised by
administrative decree, provided that the Congress approves the
decree.

The law prohibits employers from interfering with the formation
of unions or with their activities and from stipulating as a
condition of employment that new workers must abstain from
union activity or must join a specified union.  Ministry of
Labor inspectors hear complaints regarding violations of these
regulations, and they can impose a maximum fine of twice the
minimum monthly wage for a first infraction.  Under the Code,
union officials have special protection from firing.  If a
judge determines that any worker was fired for union activity,
the worker is entitled to back pay plus either reinstatement or
payment of a substantial sum of money, which varies according
to his years of seniority.

Labor law and practice is the same in the sole export
processing zone as in the rest of the country.

     c.  Prohibition of Forced or Compulsory Labor

There is no forced or compulsory labor.  The Labor Code states
that no one may "obligate others to work against their will."

     d.  Minimum Age for Employment of Children

The Labor Code allows children between the ages of 12 and 14 to
work only if the National Institute for Minors or the Labor Ministry grant special permission.  It states that children
between the ages of 14 and 16 may not work without permission
from their legal guardians .  Minors may not work in mines,
smelters, in occupations "that risk life or health" or could
damage intellectual or moral development, or in "public
spectacles."

Those under 16 years of age must by law work no more than 6
hours a day or 30 hours a week.  Minors under age 18 may work
only during the hours between 6 a.m. and 7 p.m.  The Ministry
of Labor and the National Institute for Minors enforce the law
effectively in the formal sector of the economy but much less
so in the informal sector, which accounts for 55 percent of
total employment.  According to a 1993 study, some 1 million
children work in the informal sector, mostly as street vendors;
there is no other occupation in which employment of children is
believed to be substantial.

     e.  Acceptable Conditions of Work

Venezuela has a national urban minimum wage and a national
rural minimum wage.  The monthly minimum wage was $90 for urban
workers and $60 for rural workers.  Mandatory fringe benefits
are added to these minimum figures; they vary with the workers'
individual circumstances, but in general increase wages by
about one-third.  In the past, this combined income provided a
living wage.  However, unions now argue that purchasing power
has declined enough over the last several years to call for a
doubling of the minimum wage.  The law excludes only domestic
workers and concierges from coverage under the minimum wage
decrees.  Under the Labor Code, the rates are set by
administrative decree, which Congress may either suspend or
ratify but may not change.  The Ministry of Labor enforces
minimum wage requirements effectively in the formal sector of
the economy but generally does not enforce them in the informal
sector.

The 1990 Labor Code reduced the standard workweek to a maximum
of 44 hours, and requires "2 complete days of rest each week."
Some unions, such as the petroleum workers, have negotiated a
40-hour week.  Overtime may not exceed 2 hours daily, 10 hours
weekly, or 100 hours annually, and may not be paid at a rate
less than time and a half.  The Ministry of Labor effectively
enforces these standards in the formal sector.

The 1986 Health and Safety Law still awaits implementing
regulations and is not enforced.  The delays are due largely to concern that the law provides penal sanctions against
management when violations of health and safety occur and to
ambiguity in the law over what constitutes a violation.  The
Labor Code states that employers are obligated to pay specified
amounts (up to a maximum of 25 times the minimum monthly
salary) to workers for accidents or occupational illnesses,
regardless of who is responsible for the injury.  It also
requires that workplaces must maintain "sufficient protection
for health and life against sicknesses and accidents," and it
imposes fines of from one-quarter to twice the minimum monthly
salary for first infractions.  Inspectors from the Ministry of
Labor appear to enforce the law effectively.  Workers can
remove themselves from dangerous workplace situations without
jeopardy to continued employment.