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A law adopted by the Venezuela legislature in November 2024 aimed at regulating civil society imposes strict and arbitrary restrictions, in violation of international standards, including administrative obstacles that severely limit the capacity of independent civil society organizations to defend human rights in Venezuela.
Adverse effects on the work of Civil Society Organizations
The recent implementation of the “Law on Control, Regularization, Action and Financing of Non-Governmental Organizations and Non-Profit Social Organizations” poses significant impediments to the functioning of independent civil society organizations. While the legislation is purportedly the transparency of NGOs, its actual objective is to gain access to confidential information about the organizations, beneficiaries, programs, and ultimately to restrict their funding at regulating the activities, it has in practice fostered a hostile environment for those striving to promote and protect human rights in Venezuela.
The law places and excessive bureaucratic burden placed on civil society organizations, as it mandates and onerous registration processes, highly detailed financial reporting, and subjects activities to government approval. This process not only expends valuable resources but also stifles organizations’ ability to effectively carry out their work, including by responding to the needs and interests of individuals and community’s needs. The law contains provisions that are vague and overbroad and allow for arbitrary interpretation by authorities, leading to harassment and intimidation of civil society actors. For example, according to the law, NGOs must clarify in their statutes how they contribute to economic and social development, the obligation to declare if they receive foreign funding, and to periodically register those sources of funding with the authority. Many organizations have reported increased scrutiny and pressure from government officials, resulting in self-censorship and a chilling effect on their operations.
Additionally, the law restricts foreign funding for the NGOs by establishing conditions to the financial support sources, effectively undermining the independence and sustainability of these organizations. This restriction hampers their ability to carry out essential programs and sends a clear message that dissenting voices will not be tolerated.
The law was adopted following the disputed presidential elections and immediately presented major obstacles to the exercise of the right to freedom of association, as reported by local civil society. It required NGOs to submit a series of documents (List of donations received with full identification of the donors, indicating whether they are national or foreign) by February 15, 2025, with a second deadline to align their bylaws with the new regulations by May 15, 2025.
Several organizations that attempted to comply with the new requirements in February 2025 reported refusals to accept their documents. They faced additional demands not explicitly outlined in previous laws or the new legislation, such as providing financial information for the previous five years and documents requiring signatures and fingerprints.
This legislation, along with other laws (such as those concerning international cooperation and anti-fascism) that might be invoked to harass or limit the operations of NGO’s, adds to a long list of previous attacks that increasingly restrict civic space in Venezuela. These include the arbitrary detention of activists, journalists, and human rights defenders, as well as stigmatization campaigns and attacks on independent civil society work.
The right to freedom of association
The right to freedom of association is essential for a functioning democracy under the rule of law and protected under the International Covenant on Civil and Political Rights (article 22) and the American Convention on Human Rights (article 16). Freedom of association is necessary in a democratic society to allow for individuals to come together for common purposes, including the promotion of social, political, and economic interests. These human rights treaties make clear that any restrictions on the right to associate must be for a legitimate purpose, such as national security, public order or public, and must necessary, proportionate to that end. They must be prescribed by law in clear and unambiguous terms and be non-discriminatory in plain terms or in effect. Venezuela’s recent NGO legislation meets none of these criteria.
The UN Special Rapporteur on freedom of peaceful assembly and of association has stated in its General principles and guidelines on ensuring the right of civil society organizations to have access to resources that “[t]he right of associations to freely access human, material and financial resources is inherent in the right to freedom of association, as set out in article 22 of the International Covenant on Civil and Political Rights”. The Special Rapporteur also highlighted the duty of the States “to ensure civil society organizations can seek, secure and use resources from domestic, foreign and international sources without prior authorization or other undue impediments”.
The Special Rapporteur also has indicated that States not only respect and protect but also must facilitate the exercise of this right by ensuring that associations are able to freely seek, receive and use foreign funding. This includes “[e]nsur[ing] that laws and regulations do not unfairly target or restrict the international flow of donations, either for associations to receive or to send them abroad. Civil society organizations should not be subject to administrative burdens or charged fees different that of corporations to mobilize international resources and seek, receive and use foreign funding.” States should “[a]dopt positive measures to enable and promote cross-border giving, including ensuring legal and fiscal frameworks that enable donors–corporate and individual–to give donation charity to associations abroad and benefit from meaningful tax incentives.”
The Special Rapporteur has called on States to “[r]epeal laws and regulatory measures that unduly restrict foreign funding” including by:
– Imposing prior authorization, registration, or licensing requirements to receive funding or carry out fundraising activities, domestic or foreign;
– Requiring additional burdensome and overly intrusive reporting or public disclosure obligations from civil society organizations seeking to access or use foreign funds;
– Imposing unnecessary and disproportionate sanctions.
The Urgent Need to Protect Civic Space in Venezuela
The international community must hold the Venezuelan authorities accountable for its actions that undermine civil society and contribute to the ongoing deterioration of the rule of law, democracy, and human rights.
The United Nations system has been engaged in Venezuela through a presence by the Office of the High Commissioner on Human Rights, but this has been reduced unilaterally in 2025 by the Venezuelan government. The Human Rights Council has also established a Fact-Finding Mission on Venezuela, but the authorities have refused cooperation with it. Nonetheless, it is imperative the international community act in a coordinated and decisive manner to protect civic space in Venezuela.
States must demonstrate a clear commitment to the struggle for human rights in Venezuela by extending support to independent civil society organizations. This includes enforcing international mechanisms to ensure accountability in international forums, increasing cooperation with and assistance Venezuelan civil society, and deploying diplomatic efforts to safeguard civic space.
Critically, Venezuelan authorities must immediately cease the systematic harassment of civil society and repeal the legislation that restricts the work of their associations and persecutes those carrying out independent work.
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