| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: VENEZUELA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
VENEZUELA
Venezuela is a republic with an active multiparty democratic
system, a free press, well established unions, and a
longstanding commitment to democracy. These factors enabled
the country to withstand the impeachment of a president in 1993
and two attempted coups in 1992. For more than 35 years, power
passed peacefully between two large political parties through
open elections. Two-party dominance ended on December 5,
however, when former President Rafael Caldera was elected
President with the support of a diverse coalition of small and
medium-sized parties. The new Congress due to convene in
January 1994 will be comprised of four major political
groupings. The December 5 elections were generally
characterized as fair and open, although allegations of fraud
cast doubt on results for some state and national legislative
contests.
The security apparatus has civilian and military elements, both
accountable to popularly elected authorities. One of the
branches of the military, the National Guard, has arrest
authority and supplies the top leadership for one of the
country's police forces. The National Guard is also
responsible for guarding the exterior of prisons, maintaining
order during times of civil unrest, and monitoring frontiers.
In addition, independent police forces are operated by the
Ministry of Justice, state governments, and many
municipalities. Both police and military personnel were
responsible for human rights abuses.
The public sector dominates Venezuela's economy, particularly
the petroleum industry, which accounts for some 22 percent of
the gross domestic product. The Government undertook major
economic restructuring to reduce its dependence on oil exports,
privatize many public sector firms, and enable domestic
business to compete more effectively in international markets.
Venezuelans traditionally have enjoyed a wide range of freedoms
and individual rights, including a free press, active unions,
and free elections, but serious human rights abuses continued in
1993. They included arbitrary and excessively lengthy
detentions, abuse of detainees, extrajudicial killings by the
police and military, the failure to punish police and security
officers accused of abuses, corruption and gross inefficiency
in the judicial and law enforcement systems, deplorable prison
conditions, a lack of respect for the rights of indigenous
people, and discrimination and violence against women. In
addition, the courts made no progress in prosecuting those
responsible for many extrajudicial killings during the two 1992
coup attempts, the November 1992 massacre at Reten de Catia
prison, or the 1989 urban riots.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of targeted political killings, but
extrajudicial killings by the security forces continued. The
Venezuelan Program for Action and Education in Human Rights
(PROVEA), one of Venezuela's most respected human rights
organizations, reported 187 extrajudicial killings from October
1992 through September 1993. At least eight of the victims
were under 15 years of age. According to PROVEA, 66 of the
killings were carried out by the metropolitan police, 33 by
state police, 22 by the Intelligence Police (DISIP), 21 by the
National Guard, 16 by the Judicial Technical Police (PTJ), 11
by the armed forces, 8 by municipal police, and 10 by other
branches of the security apparatus. The perpetrators act with
near impunity, as the Government rarely brings charges against
them. If the perpetrators are prosecuted, sentences issued are
frequently light, or, more commonly, the convictions are
overturned during the appeal process. Unlike common prisoners,
police charged with crimes rarely spend much time in prison.
In the La Vega borough of Caracas, a group of five hooded men,
alleged by witnesses and family of victims to be local police
officers, committed seven killings in a 2-week period, four of
them in one night. In a sweep through La Vega near midnight on
May 16, the men moved from house to house, fatally shot Orlando
Aliendre, wounded two passersby, and then killed 17-year-old
Jorman Saavedra. Two witnesses, Douglas Guevara and Jordan
Perdomo, were also shot and killed as they ran from the scene.
Surviving witnesses, although reluctant to speak to authorities
out of fear of reprisals, identified a specific sergeant in the
local metropolitan police as leader of the group and matched
the killers' clothing and equipment with that of the police.
The local police chief reportedly dismissed the allegations by
simply stating that no one in his unit belonged to such a group.
An investigation by the Ministry of Justice Police moved slowly
and failed to identify any suspects by the end of the year.
Simple interactions with local police often proved fatal. In
February in the city of Maracaibo, an officer of the Zulia
State Police allegedly shot 17-year-old evangelist Juan Gabriel
Rincon in broad daylight. According to witnesses, the officer
stopped the youth on the street and asked to see his identity
card. The officer reportedly brandished a loaded hand gun and,
in the ensuing conversation, threatened to kill Rincon's sister
who was accompanying him. Rincon intervened and was fatally
shot. The police officer was jailed, and criminal proceedings
were initiated against him.
No one was prosecuted for the 34 extrajudicial killings that
occurred during two attempted coups in 1992. Investigations of
the killings moved slowly, impeded by a resistant bureaucracy.
Likewise, no one was prosecuted or even held responsible for
the November 1992 killing of at least 63 prisoners at Reten de
Catia prison. The National Guard stormed the prison and
allegedly fired indiscriminately after having heard that coup
leaders had distributed arms there (a police investigation
noted that only one gun and numerous knives were later
inventoried). While the Government officially reported 63
prisoners killed at Reten de Catia, human rights groups
asserted that the fate of 25 additional prisoners remained
unknown.
Although almost 5 years had elapsed, no progress was made on
charges of extrajudicial killings by security forces during the
riots of February and March of 1989. The Government maintained
that 276 people died, while human rights groups documented some
400 cases of persons who were killed or disappeared during the
disturbances. At least 68 of those killed were buried
anonymously in mass graves in a Caracas cemetery. Some human
rights organizations accused the authorities of intentionally
disposing of the bodies in unmarked graves to conceal the
identity, cause and manner of death of the victims and thus
protect the perpetrators from prosecution. Although the bodies
were exhumed in 1991, only three have been positively
identified. Approximately 300 cases regarding the 1989
killings remained under consideration in both military and
civilian courts, but only 1 has been adjudicated: a police
officer was found guilty in 1991 of homocide and sentenced to
1 year's imprisonment. The Committee of Family Members of
Victims of the Riots (COFAVIC) continued to seek a thorough
investigation and prosecution of the cases. The Government and
the courts, however, made no substantial effort to hasten
proceedings.
A military court of appeals ruled in March that the 1988
shooting deaths of 14 fishermen by Venezuelan security forces
in the town of El Amparo near the Colombian border was an
excessive use of force, not a deliberate massacre as alleged by
2 survivors. Fourteen of the police and military officials
responsible for the deaths were sentenced to 7 1/2 years in
prison, roughly half of which they had already served. Local
and international human rights groups and the victims'
representatives expressed dissatisfaction with the verdict,
asserting that the court had disregarded crucial evidence and
testimony demonstrating that the event was a deliberate
massacre.
b. Disappearance
There were no reports of politically motivated disappearances
in 1993. The press and human rights groups, however, reported
the unrelated disappearances of two members of the military.
Military authorities claimed both were cases of desertion,
while family members asserted the soldiers had been killed as a
result of foul play on the part of the military. One of the
disappeared soldiers allegedly had information that his
superiors were involved in narcotics trafficking.
No progress was made towards resolving the cases of military
personnel who disappeared around the time of the November 1992
coup attempt. Likewise, there were no prosecutions resulting
from the unrelated disappearances in 1992 of Jonathan Salazar
Rojas or Junior Rafael Barco, both of whom allegedly
disappeared while in police custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is prohibited by law, but physical abuse of detainees
continues. This abuse reportedly includes the use of electric
shock, beatings, rape, and near suffocation, usually during the
interrogation of detainees. In its annual report on Venezuela
released in November, Amnesty International maintained that
torture and ill-treatment are widespread and sometimes resulted
in death. Most of the victims come from the poorest and least
articulate parts of society, but political activists, student
leaders, and members of grassroots organizations have also
reportedly been victims of torture and ill-treatment as a
result of their activities. PROVEA documented 105 cases of
torture from October 1992 through September 1993. Red de Apoyo
por la Justicia y la Paz, another human rights organization,
reported 90 incidents of torture from March through May alone.
All of the major human rights groups asserted, however, that
these numbers are low because many victims remain silent about
abuse due to fear of retribution.
According to PROVEA, 32 of the reported torture incidents were
carried out by DISIP, 18 by the Technical Judicial Police
(PTJ), 17 by the National Guard, 17 by the armed forces, 13 by
state police, 7 by the metropolitan police, and 1 by municipal
police. Amnesty International asserts that torture continues
in Venezuela, primarily because the courts failed to
investigate complaints of torture properly and bring those
responsible to justice. In addition, a number of human rights
groups report that the lack of independence of the Institute of
Forensic Medicine, which is part of the PTJ, prevents forensic
doctors from being impartial in their examinations of cases
where torture may have been involved. Very few cases of
torture have resulted in convictions.
Prison administration is very poor due to underfunding, poorly
trained staff, and corruption among prison officials. There
are 33 prisons for an inmate population that numbered 25,610 in
August. Of this number only 9,747 had been sentenced. In 1991
the Attorney General's office assigned representatives to the
14 worst prisons to monitor conditions. The increase in
violence and the persistence of deplorable living standards in
the prisons, however, indicate that these representatives faced
severe difficulties in improving conditions. Funding for
prisons remained extremely low.
Numerous prison riots occurred in 1993 due to poor prison
conditions such as extreme overcrowding, inadequate diet,
minimal health care, and physical abuse by guards and other
prisoners. Weapons and illegal drugs are easily smuggled into
most prisons, and violence within the prison system is
growing. PROVEA reported that from October 1992 through
September 1993, 195 prisoners were killed and another 387
wounded by other prisoners (these figures do not include
victims of the November 1992 Reten de Catia massacre). PROVEA
acknowledged, moreover, that these figures were conservative,
reflecting only incidents covered in the press or received
firsthand by PROVEA. At least one expert on Venezuela's
prisons asserted that the total number of violent prison deaths
for the year approached 600.
In June a brutal revolt took place at the Barcelona prison when
two groups of inmates, armed with pointed sticks and guns,
fought each other for control of the prison. As a result of
the bloody confrontation, 6 inmates were killed and about 20
wounded. According to the police report, the bodies of the
dead were found decapitated. On January 3, 1994, a riot in
Sabaneta prison in Maracaibo left at least 104 prisoners dead
and another 80 wounded. Sabaneta had come to be known as "the
prison of death," since throughout 1993 at least 71 prisoners
were killed and 100 wounded in almost daily incidents of
violence.
d. Arbitrary Arrest, Detention, or Exile
Although the right to judicial determination of the legality of
detention is provided by law, arrested persons or those under
investigative detention legally can be held for as long as
8 days without a formal detention order. During this time
detainees may be held incommunicado and, according to human
rights groups, are sometimes physically and psychologically
abused. On the eighth day of detention, a judge, taking the
police investigation into account, issues a formal arrest
order; if no evidence is found, the police release the person.
Arbitrary arrests and arrests without proper warrants are
common, and time limits for holding persons are frequently
exceeded.
Prisoners often have to pay fees extorted by prison officials
for transportation to judicial proceedings at which formal
charges are made. Detainees without money to pay such
unauthorized charges are sometimes unable to get to their
judicial hearings. In addition, the 1939 Vagrancy Law permits
the detention for up to 5 years, without warrant, trial, or
judicial appeal, of people deemed by the police to be a danger
to society but against whom there is no evidence of a
punishable crime. According to human rights groups, the law is
open to arbitrary and discriminatory interpretation and
practices. It was used in the past to detain political
dissidents, and in November 1992 the head of the Caracas
Metropolitan Police threatened to use this law against two
human rights activists if they persisted in their activities.
The more common application of the law, however, is against
poor people with criminal records who are detained during
police sweeps. Amnesty International noted that detainees
under this law, placed in jail merely on the basis of
suspicion, are frequently victims of torture.
e. Denial of Fair Public Trial
Although the right to a fair trial is provided by law and some
procedural safeguards exist, the accused bears the burden of
proof regarding innocence. Lengthy pretrial detention of 2 to
4 years and case backlogs are the norm. The justice system is
overburdened, corrupt, and inefficient. The law provides
public defenders for those unable to afford a defense attorney,
but there are not enough public defenders in the country to
meet this obligation. The Judicial Council, the governing body
of the judicial branch, stated that there are 150 public
defense attorneys with an average of 170 active cases each.
Because of the unequal distribution of cases, some defenders
handle as many as 250 cases.
The judicial process is written, requiring the costly and
time-consuming production of voluminous reports by judges,
attorneys, and witnesses at every stage. Some Venezuelan
leaders and legal experts also blame delays and other
irregularities on corruption and the use of personal influence.
The civilian judiciary is legally independent, but connections
to the established major political parties are important in the
judicial selection process, and political parties can and do
influence judicial decisions in particular cases. This
overburdened justice system also suffers from a lack of public
credibility.
Civilians charged with armed subversion can be tried by
military courts as insurgents. There is neither a statute of
limitations nor a requirement for a speedy trial for cases in
military courts, although persons convicted under the military
justice system have the same right of appeal to the Supreme
Court as those prosecuted under the civilian system. Military
judges are appointed by the Supreme Court. The lack of
deadlines in the military system, combined with its procedural
secrecy and tendency to "close ranks," makes it unlikely that
defendants undergo an impartial or timely prosecution. These
factors resulted in military offenders receiving impunity for
extrajudicial killings and other human rights abuses.
In March the Supreme Court declared unconstitutional the decree
which established accelerated military tribunals for persons
allegedly connected to the November 1992 coup attempt. The
cases of the 87 individuals (both military and civilian)
convicted by the special tribunals were placed in regular
military courts (where the cases remain), while the 109
acquitted were not retried.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Venezuela has constitutional safeguards protecting citizens
against arbitrary interference with privacy, family, home, and
correspondence. In general, these safeguards are effective and
were respected in 1993. After the 1992 coup attempts, however,
the following constitutional safeguards were briefly suspended:
freedom of travel, freedom of speech, the right to strike,
personal security and liberty, inviolability of one's home, the
right to assembly, and the right to demonstrate. In recent
years, there were many complaints of telephone surveillance,
although there were few reported cases in 1993. Both private
individuals and the security forces have been accused of
illegal wiretapping.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Venezuela has a free and lively press, which frequently
criticizes the Government and denounces instances of government
interference in the media. The Constitution provides for
freedom of the press and free speech, and in 1993, these
liberties, along with academic freedom, were widely honored,
although some restrictions exist.
Particularly in the months prior to the suspension from office
of President Carlos Andres Perez, the Government met regularly
with media owners to discuss issues considered sensitive,
resulting in some self-censorship. Journalists claimed that
the Government indirectly practiced censorship throughout the
year by denying reporters access to many government buildings
and officials. Journalists and local human rights groups also
asserted that security forces specifically targeted and used
excessive force against reporters covering public
demonstrations.
In April the Government suspended two satirical television
programs for allegedly broadcasting scenes with "explicit
sexual connotations" in a time frame when that type of
programming is not allowed. Most in the media argued, however,
that the suspension was aimed more at the political satire and
parodies of government inefficiency featured in these
programs. A week after the suspension, the Supreme Court
overturned the Government's action, and the programs returned
to the air. Bombs damaged the homes of two journalists known
for being highly critical of the Government, one of whom
received a series of telephone threats. Subsequent police
investigations failed to identify those responsible for the
bombings. In June the Government banned for alleged security
reasons the broadcast of an interview by a popular journalist
with former coup plotter Hugo Chavez.
The media continued to criticize the Government for abuse and
restrictions that occurred in reaction to the two 1992 coup
attempts. In the aftermath of the February 1992 attempt, the
Government temporarily imposed censorship, seized some
publications, screened articles, and briefly impeded the
distribution of newspapers. During the November 1992 attempt,
the Government temporarily closed a radio station which it
charged had broadcast messages of support for the coup forces.
Two journalists were allegedly killed by security forces and
others reportedly beaten while covering the coup attempts and
related civil unrest. Investigations and court cases regarding
the abuse of journalists moved slowly. In February a group of
journalists formed the Committee of Human Rights of the
National Association of Journalists to monitor the
investigations and court cases and promote respect for human
rights and the freedom of information.
Venezuela has 4 nationwide television networks (2 of which are
government owned, although only 1 was functioning), 2 cable
companies, 9 regional television stations, over 300 radio
stations, and numerous newspapers and magazines, with 12
dailies in Caracas alone. 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 constitutional provision for freedom of peaceful assembly
and association is normally respected in Venezuela; however,
this provision was suspended after the February 1992 coup
attempt although it was restored the following April. Public
meetings, including those of all political parties, are held
generally without interference, but demonstrations often
attract police intervention. Professional and academic
associations operate without interference. Permits are
required for public marches but are not denied for political
reasons.
PROVEA reported 1,047 peaceful demonstrations from October 1992
through September 1993. Of these, 157 were reportedly either
stopped or repressed by security forces. During these
demonstrations, about 720 people were detained, 308 wounded,
and 5 killed. All of these casualties were attributed to
government security forces. In January security forces in
Caracas were criticized for throwing tear gas canisters into a
school bus full of children caught in a university student
demonstration.
c. Freedom of Religion
The population is predominantly Roman Catholic, although other
religious groups enjoy freedom of worship and proselytize
actively. Foreign missionaries, both Catholic and Protestant,
are active 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.
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 President and the Congress were held
successfully on December 5. For the first time, half of the
members of the House of Deputies were elected by name, based
upon the provisions of an electoral reform law approved in
1989; the rest were elected proportionately from party slates.
Elections for the President, Congress, and state legislative
assemblies are held every 5 years.
Charges of irregularities and fraud as well as delays in
proclaiming the winners marred the 1992 state and local
elections and the 1993 national elections. The Supreme Court
ordered new gubernatorial elections in two states (these
elections took place in May); however, Supreme Court decisions
are still pending in the cases of 4 other state gubernatorial
contests. In addition, individuals and political parties have
alleged voting irregularities in several congressional contests
in the 1993 elections which may result in ballot recounts or
new elections in some districts. The domination of the
electoral institutions by the traditional political parties and
the absence of automated vote counting machines have undermined
public confidence in the fairness and transparency of the
election process.
In May President Carlos Andres Perez was removed from office
through constitutional means due to allegations of corruption,
the first time an incumbent President had been so removed in
modern Venezuelan history. Congress named Ramon J. Velasquez
as President until the February 1994 inauguration of the new
President.
Political views are freely expressed, and persons from the
entire political spectrum contend for positions ranging from
municipal council seats to the presidency. The two largest
parties are centrist: the Democratic Action (AD) and the
Social Christian (COPEI) parties. Although AD and COPEI remain
the two largest political parties, the results of the December
elections represented a major defeat for the traditional
parties (which lost considerable ground in the national
Congress). The principal victors in the 1993 elections were
the political alliance supporting President Caldera
(Convergencia/MAS) and the working class-oriented CAUSA R
Party. Due to the number of presidential candidates and the
nature of the voting system, President Caldera was able to win
with only about 31 percent of the vote.
Women and minorities participate fully in government and
politics, albeit not in proportion to their representation in
society. There are no legal impediments to their free
participation, but traditional attitudes produce some de facto
impediments. Women and minorities are promoted into high-level
positions at a slower rate than nonminority men. Indigenous
people have traditionally not been fully integrated into the
political system owing to lack of knowledge of how it works,
low voter turnout, and residency in areas far from the capital
and other cities. Indian rights advocates have noted that few
indigenous people work in government agencies responsible for
Indian affairs.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of 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 police harassment in the past. Two regional
groups--the Latin American Foundation for Human Rights and
Social Development and the Federation of Families of
Disappeared Persons--have offices in Caracas and likewise
operate free of government intervention.
International human rights groups also act free of government
restriction and have openly conducted investigations in
Venezuela. Late in the year, both Amnesty International and
Americas Watch released comprehensive reports on Venezuela's
human rights problems. The reports received extensive coverage
in the local press, although the Government appears to have
largely ignored the findings.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Constitution prohibits discrimination on the basis of
gender, and the Civil Code was reformed 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 that previously
prevented them from fully participating in political and
economic life. Women's rights groups are active in Caracas and
throughout the country. Women, nonetheless, are still
underrepresented in political positions and in the top ranks of
the labor unions and private industry.
Many Venezuelan women also face socially ingrained
discrimination that prevents them from receiving fair treatment
in the workplace and under the law. The Labor Code specifies
that women may not be discriminated against with regard to
remuneration or working conditions, may not be fired during
pregnancy and for a year after giving birth, are entitled to
unpaid leave (and compensation from the social security agency)
for 6 weeks before the birth of a child and 12 weeks after, and
are due 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, though social security payments are normally
delayed.
There is a high level of violence directed against some
Venezuelan women. Women's groups point out the rape is
extremely difficult to prove, requiring at a minimum a medical
examination within 48 hours of the violation. Few police
officers are trained in how to deal responsibly with rape
victims. Likewise, although there are laws that protect women
against domestic violence, the police generally are unwilling
to intervene to prevent abuse. The 40 percent of women who
fall below the official poverty line often have no choice but
to stay with abusive spouses for economic reasons. Although
Venezuela theoretically has an elaborate web of social
programs, few poor women and families receive more than nominal
assistance. In addition, poor women are generally unaware of
and have little access to legal protections available to them.
Children
Many Venezuelan children face extreme hardship. The Government
scaled back its expenditure on education, health, and social
services, leaving many impoverished children with no government
assistance. The Central Office of Statistics and Information
(OCEI) reported that 72 percent of children remain in school
past the sixth grade and 49 percent past the ninth grade.
According to a 1993 study sponsored by the United Nations
Children's Fund (UNICEF), about 206,000 children under the age
of 18 loiter in the streets and another 176,000 beg for money.
While Venezuelan law provides for universal free education,
children's rights groups assert that the Government dedicates
insufficient funding to primary and secondary education. About
50 percent of an already tight education budget reportedly goes
to universities, 45 percent to pay the salaries of education
staff and administrators, and only 5 percent to primary and
secondary school students and the maintenance of their
schools. Government agencies responsible for the welfare of
children are understaffed, and 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
abuse against children by parents or others. 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. Special procedures in the
judicial system generally assure that children are removed from
abusive households once a case has been reported.
Indigenous People
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. While there are a few indigenous congressmen who
are members of the dominant political parties, indigenous
people are underrepresented in Government. Indigenous groups
were not successful in obtaining 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.
Although Venezuelan 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 a special census
conducted in 1992. The Wayuu ethnic group, which makes up well
over half of the indigenous population, resides in the western
part of the country on the banks of Lake Maracaibo and the Gulf
of Venezuela. Other groups populate the dense jungle of the
Orinoco and Amazon river basins and the marsh along the
Caribbean coast.
In August at least 16 Yanomami Indians were killed by illegal
Brazilian gold miners who crossed the border into southern
Venezuela. The massacre resulted from a feud related to the
miners' persistent incursions into Yanomami-protected
territory. The press and human rights groups strongly
criticized the Government for its neglect to protect the
Yanomamis, as authorities had been repeatedly informed of the
miners' incursions and the potential for conflict.
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. Their communities are plagued by high rates of
cholera, hepatitis-B, malaria, and other diseases. 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 titles to their
lands, and many have been displaced in recent years by
government-sponsored projects. Rivers have been polluted by
fertilizer and machinery, and habitats plowed down for
strip-mining and large-scale farming.
The Yabarana tribe, one of the smallest indigenous groups with
only 237 members, is in danger of extinction. Government-
condoned ranching in Yabarana territory turned many of the
fields of corn and yucca that members use for subsistence into
grazing ground for cattle. The Yabarana petitioned the courts
and government agencies but were not successful in having the
cattle removed. The plight of the Yabarana is paralleled by
numerous ethnic communities throughout the country who face
hardship and even extinction due to encroaching development.
People with Disabilities
Rights for the disabled are very limited. According to local
advocates, the disabled are discriminated against in many
sectors, including education, health care, and employment.
Disabled people report having been expelled from public
university programs and turned away at hospitals, even for the
treatment of afflictions unrelated to their disability. The
physically impaired have minimal access to public
transportation, and ramps are practically nonexistent even in
government buildings.
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. The
Government did not make a significant effort to inform the
public of the new law or to try to change the societal
prejudice against the disabled.
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 public sector and private 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,
the AD. The CTV and the AD party reciprocally influence each
other. The CTV, however, repeatedly demonstrated its
independence from the Government (in which the AD held the
presidency and a plurality of the seats in the Congress) and
from the AD party (as evidenced by its frequent criticism of
the Government's economic policies).
The right of public and private sector employees to strike is
recognized legally but may only be exercised by public servants
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."
In recent years workers seldom resorted to strikes, but a
perceived decline in living standards increased the willingness
of workers to consider them seriously. During 1993 most
strikes occurred among government employees. With the
exception of a prolonged strike by public schoolteachers, 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
Collective bargaining is protected and encouraged by the Labor
Code and 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. Complaints
regarding violations of these articles of the law are heard by
Ministry of Labor inspectors, who 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 if given special permission by the National Institute for
Minors or the Labor Ministry. Children between the ages of 14
and 16 may work if given permission by their legal guardians.
Minors may not work in mines, smelters, or in occupations "that
risk life or health," in occupations that 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 law is
enforced effectively by the Ministry of Labor and the National
Institute for Minors in the formal sector of the economy, but
much less so in the informal sector, which by the end of 1990
(latest available figures) accounted for 41 percent of total
employment. According to a UNICEF 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 rate and a national
rural minimum wage rate. The monthly minimum wage, effective
February 1992, was $95 (9,000 bolivars) for urban workers and
$63 (6,000 bolivars) 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, in 1993 unions, arguing that
purchasing power declined significantly over the last several
years, called for an increase of up to 50 percent in the
minimum wage. Only domestic workers and concierges are legally
excluded 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. Minimum wages are enforced effectively in the formal
sector of the economy by the Ministry of Labor, but compliance
is generally not enforced in the informal sector.
The 1990 Labor Code reduced the standard workweek to a maximum
of 44 hours, and requires "two 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. These standards are
effectively enforced by the Ministry of Labor 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
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. Enforcement of the law by
inspectors from the Ministry of Labor appears to be effective.
Workers can remove themselves from dangerous workplace
situations without jeopardy to continued employment.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.