Venezuela

The majority of Venezuelans are Catholic, who coexist with Protestant, Muslim, Jewish, and indigenous populations.[ref]https://culturalatlas.sbs.com.au/venezuelan-culture/venezuelan-culture-religion[/ref] There has been much tension between the government and Catholic officials and the Jewish community. Freedom of expression, assembly and association have been restricted.

Since 2017, Venezuela has been undergoing a severe social, economic and political crisis. In recent years, soaring hyperinflation and severe shortages of basic goods have prompted massive anti-government protests. The government under the leadership of President Nicolás Maduro has taken an increasingly authoritarian turn, disbanding democratic institutions and seeking to reverse checks and balances on the powers of the executive. While the government accuses the opposition of trying to sabotage the government and stage a coup, the authorities have been widely condemned for overreacting to protests, with dozens of civilian protesters killed. Some security service personnel have also been killed in the violence.[ref]https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25699&LangID=E; https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24958&LangID=E; http://www.oas.org/en/iachr/reports/pdfs/Venezuela2018-en.pdf[/ref] Since January 2019, the country has wrestled with two competing presidencies.[ref]https://www.crisisgroup.org/latin-america-caribbean/andes/venezuela/79-imagining-resolution-venezuelas-crisis[/ref] While Maduro’s government retains control of the nation’s institutions, Juan Guaidó – leader of the opposition – is recognised as president by 59 nations.

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Preferential treatment is given to a religion or religion in general
State-funding of religious institutions or salaries, or discriminatory tax exemptions
There is state funding of at least some religious schools
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Concerns that secular or religious authorities interfere in specifically religious freedoms
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Constitution and government
Preferential treatment is given to a religion or religion in general
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Education and children’s rights
There is state funding of at least some religious schools
State-funded schools offer religious or ideological instruction with no secular or humanist alternative, but it is optional
Family, community, society, religious courts and tribunals
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
Expression of core humanist principles on democracy, freedom or human rights is severely restricted
Concerns that secular or religious authorities interfere in specifically religious freedoms
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

Article 59 of the Constitution grants protection of religious freedom under the condition that it is not contrary to morality, good customs and public order.[ref]http://www.minci.gob.ve/wp-content/uploads/2011/04/CONSTITUCION.pdf[/ref] However, it also explicitly states that the independence of religious groups are defined by the constitution and law, giving the legislature the power to limit their independence. The Constitution also limits the political influence of religious organizations by forbidding clergy from running for public office.

Venezuela’s funding system has traditionally exhibited strong favoritism toward Catholicism, discriminating against other religious groups.[ref]uscirf.gov/sites/default/files/resources/2012ARChapters/venezuela%202012.pdf[/ref] However, the state appears to be increasingly vocal in its support of the Evangelical Church.

In November 2019, the government created the position of Vice Presidency for Religious Affairs.[ref]https://www.elnacional.com/venezuela/psuv-designo-a-vielma-mora-como-vicepresidente-para-atender-asuntos-religiosos/; https://www.vtv.gob.ve/psuv-vicepresidente-jose-vielma/[/ref] Upon the appointment of José Vielma Mora to the post, Venezuela’s Vice President is quoted as stating:

“Just as we have organisations in charge of education, youth and education, now we have a section to attend to the affairs of the church”[ref]”Así como tenemos organizaciones que se encargan de la educación, la juventud, la educación, ahora tendremos un espacio para atender los asuntos de la iglesia.”https://ultimasnoticias.com.ve/noticias/politica/psuv-creo-vicepresidencia-para-asuntos-eclesiasticos/[/ref]

International obligations

On 24 April 2020, Venezuela formally withdrew from the Organization of American States – a move unprecedented in the inter-American system[ref]http://mppre.gob.ve/en/2020/04/27/venezuelas-withdrawal-oas-sovereign-decision/[/ref]. As a result, it is no longer bound by its former obligations to human rights enshrined in the American Declaration on the Rights and Duties of Man. However, it remains bound to protect human rights under its obligations as a State Party to international conventions.[ref]https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=191&Lang=EN[/ref]

Education and children’s rights

A 1964 Concordat between the Venezuelan government and the Catholic Church established special government subsidies for Catholic schools.[ref]http://www.vatican.va/roman_curia/secretariat_state/archivio/documents/rc_seg-st_19941031_s-sede-venezuela_sp.html[/ref]

There has been a long-running battle over the inclusion and character of religious education in Venezuela’s schools.

Article 59 of the Constitution of Venezuela reads:

“[…] The father and mother have the right to have their sons and daughters receive religious education in accordance with their convictions.”

The Article was incorporated into the Ley Orgánica de Educación, or the Organic Law on Education, which was introduced in 1980:

“Religious education will be taught to students up to the sixth year of basic education, as long as their parents or guardians request it. In this case, two hours per week will be established within the official school hours” (Article 50)[ref]defiendete.org/html/deinteres/LEYES%20DE%20VENEZUELA/LEYES%20DE%20VENEZUELA%20II/LEY%20ORGANICA%20DE%20EDUCACION.htm[/ref]

However, in 2009, the Venezuelan National Assembly introduced a controversial Education Law which strengthened the role of the state in education, reducing the scope for religious instruction. After the first draft was approved in 2001, the Catholic Church as well as teachers unions, an association of rectors of public and private universities and privately owned media, organized a campaign against the law claiming that the law represented a threat to the sanctity of the family and freedom of religion.[ref]venezuelanalysis.com/news/4722[/ref]

Article 7 of the 2009 law reads:

“The State will maintain in all circumstances its secular character in educational matters, preserving its independence with respect to all religious currents. Families have the right and the responsibility for the religious educations of their sons and daughters, in line with their convictions and in accordance with religious freedom and worship, constitutionally envisaged”.[ref]scribd.com/document/226204818/Ley-Organica-de-Educacion-de-Venezuela-2009[/ref]

The law does not explicitly prohibit or promote religious education in schools. The president of the Education Commission in the National Assembly clarified that “religious education in schools is not going to be prohibited, rather it will not be obligatory in the curriculum”.[ref]venezuelanalysis.com/analysis/4734[/ref]

Religion and university education

In February 2020, the Vice President for Religious Affairs reportedly announced plans for the creation of religious education workshops and seminars in universities with the aim of:

“creating a link between the Venezuelan people and the church appealing to the conscience and strengthening peace in each and every Venezuelan”)[ref]”cree un enlace entre los venezolanos y la iglesia haciendo un llamado a la conciencia y fortaleciendo la paz de cada uno de los venezolanos” https://laicismo.org/venezuela-proponen-realizar-talleres-seminarios-y-programas-educativos-religiosos-en-universidades-del-pais/[/ref]

In December 2019, President Nicolás Maduro approved the creation of the state-funded Universidad Teológica Evangélica de Venezuela (Evangelical University of Venezuela) “as an example to the world and in order to open the doors of Venezuela and University so that evangelicals from across America may know our experience”.[ref]http://vicepresidencia.gob.ve/crearan-universidad-teologica-evangelica-de-venezuela/; https://www.vtv.gob.ve/decretado-dia-pastor-evangelico-15-enero/[/ref]

Family, community and society

Christian privilege

The government provides funding to religious organizations, but most of it goes to Catholic institutions including social programs. Other religious groups are free to establish and fund their own. Military chaplains are almost exclusively Catholic.[ref]berkleycenter.georgetown.edu/essays/religious-freedom-in-venezuela; justice.gov/eoir/vll/country/Religion_Public_policy/Venezuela%20Immigration%20Report.pdf[/ref]

The launch of Misión Venezuela Bella[ref]http://vicepresidencia.gob.ve/especial-mision-venezuela-bella-garantiza-el-derecho-a-la-ciudad-para-los-venezolanos-y-a-su-paso-va-dejando-brillo-y-color/; http://www.minci.gob.ve/conozca-los-objetivos-de-la-mision-venezuela-bella/[/ref] – an urban planning project designed to improve public spaces across the country – has led to publicly-funded investment in the refurbishment of  at least 749 Christian (predominantly Catholic) places of worship across the country.[ref]http://vicepresidencia.gob.ve/mision-venezuela-bella-evaluo-749-proyectos-de-rehabilitacion-de-centros-religiosos/[/ref]

Tension between the State and the Church

Despite preferential treatment toward Catholics, there has been much tension between church and state.

Members of the church who have condemned encroaching authoritarianism and violence against peaceful protestors have increasingly come under attack since 2017,[ref]https://forbinfull.org/2019/e-la-linea-de-fuego-frente-a-la-ldrc-una-competencia-para-el-gobierno; https://olire.org/monitor/country-reports/venezuela/[/ref] including threats of prosecutions, confiscation of church properties, harassment and surveillance, most notably phone wiretapping.[ref]usccb.org/issues-and-action/religious-liberty/fortnight-for-freedom/upload/Fighting-to-Feed-and-Educate-the-People-in-Venezuela.pdf[/ref]

In May 2019, police fired teargas in Our Lady of Fatima parish church in San Cristobal, Táchira state.[ref]http://violentincidents.plataformac.org/web/incident/4077; https://www.vaticannews.va/es/iglesia/news/2019-05/venezuela-ataque-iglesia-san-cristobal.html; https://www.cope.es/religion/actualidad-religiosa/iglesia-universal/noticias/iglesia-venezuela-denuncia-ataque-contra-una-parroquia-por-parte-guardia-nacional-20190502_405955[/ref]

In October 2019, José Albeiro Vivas, a pastor in the evangelical church was arrested after speaking at a March for Jesus.[ref]https://evangelicalfocus.com/world/4835/venezuelan-pastor-and-officer-arrested-for-organising-a-march-for-jesus[/ref] Albeiro Vivas, who is also a serving military major, is reported to have been placed under investigation for the crimes of misuse of decoration, badges, military titles and disobedience after he stated “Venezuela your time of freedom has arrived.”

Tensions between the State and the Jewish community

Media programs sponsored by the government have often made anti-Semitic comments.[ref]https://freedomhouse.org/country/venezuela/freedom-world/2020[/ref]

Discrimination

According to Freedom House, several groups within society are under-represented in government including women, the LGBTI+ community and indigenous people.

Although rights of indigenous peoples are enshrined in the Constitution under Chapter 8, as well as Law on Demarcation and Guarantee of the Habitat and Lands of Indigenous Peoples (2001), the Organic Law on Indigenous Peoples and Communities (2005), and the Indigenous Languages Act (2007), they are poorly protected in practice.[ref]https://freedomhouse.org/country/venezuela/freedom-world/2020[/ref] Indigenous peoples continue to struggle with a lack of demarcation of indigenous habitat and lands, illegal mining activities, and environmental degradation.[ref]https://www.iwgia.org/en/venezuela.html[/ref]

Although discrimination based on sexual orientation is barred, members of the Venezuelan LGBTI+ community face widespread intolerance in practice. Same-sex marriage remains illegal[ref]https://freedomhouse.org/country/venezuela/freedom-world/2020[/ref].

The economic crisis has also led to a reduction in the availability of reproductive health care, and maternal and infant mortality has increased due to poor conditions, and the lack of medical supplies and skilled physicians. Additionally, restrictions on abortion[ref]https://oig.cepal.org/es/laws/2/country/venezuela-23[/ref] mean that many women and girls resort to clandestine abortions that are unsanitary unless they have the means to travel abroad.

Freedom of expression, advocacy of humanist values

The Constitution provides protection for free speech but explicitly exempts this protection for messages that promote religious intolerance. Venezuela has co-sponsored OIC resolutions in the United Nations proposing prohibition of ‘defamation of religion’.[ref]justice.gov/eoir/vll/country/Religion_Public_policy/Venezuela%20Immigration%20Report.pdf[/ref]

In 2019, IPYS Venezuela recorded 1,032 violations of individuals’ – both journalists and ordinary citizens – exercise of their rights to freedom of expression and access to information perpetrated in the most part by state actors.[ref]https://ipysvenezuela.org/2020/02/26/voces-en-el-paredon-reporte-anual-ipysve-2019/[/ref] This number exceeds even that recorded at the height of the protests in 2017.

Attacks on journalists have continued as the authorities have sought to control coverage of the COVID-19 pandemic. IPYS Venezuela reports that at least 146 journalists attempting to cover the pandemic faced obstructions in the first four months of the year.[ref]https://ipysvenezuela.org/2020/05/03/la-verdad-en-cuarentena-dia-mundial-de-la-libertad-de-prensa/[/ref]

Censorship

Censorship – both state-enforced and self-imposed – has become increasingly prevalent in Venezuela. Direct attacks on journalists, restrictive legislation, lawsuits against media outlets, and the government’s control of imports, including printing paper have combined to stifle the climate and led to growing self-censorship.[ref]https://pen-international.org/app/uploads/PEN-Venezuela-Report-ENG-9-18-Proof2.pdf[/ref]

Criminal defamation provisions in Venezuela’s Penal Code[ref]http://www.oas.org/juridico/spanish/mesicic3_ven_anexo6.pdf[/ref] (see articles 147, 148, 149, 442, 444, 222, 240) have been frequently utilized against writers and journalists.[ref]https://pen-international.org/app/uploads/Resolution-on-the-Bolivarian-Republic-of-Venezuela-ENG.pdf; https://cpj.org/reports/2016/03/south-america/; http://www.oas.org/en/iachr/reports/pdfs/Venezuela2018-en.pdf[/ref]

The Venezuelan authorities have increasingly sought to control online expression, restricting access to websites or social media providers.[ref]https://netblocks.org/reports/social-media-restricted-in-venezuela-on-day-of-national-assembly-leadership-vote-3AnEVk82[/ref] Such measures have reportedly increased following the outbreak of the COVID-19 pandemic.[ref]https://ipysvenezuela.org/2020/05/17/desconexion-y-censura-reporte-anual-derechos-digitales-ipysve-2019/[/ref] Access to a web portal created by members of the opposition designed to spread information about the pandemic was blocked.[ref]https://vesinfiltro.com/noticias/bloqueado_portal_coronavirus_AN; https://vesinfiltro.com/noticias/2020-04-26-phishing_healthcare_heroes[/ref]

Crimes against national security

Since 2017, the authorities have sought to limit dissent under the guise of national security legislation described by the Inter-American Commission on Human Rights as typifying “behaviours in a broad, vague, and ambiguous way that lend themselves to abuse in order to suppress political and critical expressions that have nothing to do with national security, from a democratic perspective.”

In November 2017, Anti-Hate Law for Tolerance and Peaceful Coexistence[ref]https://albaciudad.org/2017/11/este-es-el-contenido-de-la-ley-contra-el-odio-por-la-convivencia-pacifica-y-la-tolerancia/[/ref](better known as the “Anti-Hate Law”) was passed by the National Constituent Assembly. The law criminalizes the fomentation, promotion or incitement of hatred on grounds of their ethnicity, religion, sexual orientation, gender identity or of “any other nature”, providing penalties of up to 20 years in prison. The law fails to provide a definition of ‘hatred’ or ‘hate speech’, leading to fears that the lack of clarity may be used as a tool to further restrict free expression and target critics of the government. Several writers, journalists, bloggers and others have faced prosecution to date.[ref]https://www.oas.org/en/iachr/expression/showarticle.asp?artID=1133&lID=1; https://pen-international.org/app/uploads/PEN-Venezuela-Report-ENG-9-18-Proof2.pdf[/ref]