Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview

Sources describe AD as a Venezuelan political party founded between 1936 and 1937 (Encyclopaedia Britannica 2023-03-20) or in 1937 (Political Handbook of the World 2019, 24). According to Venezuela's National Electoral Council (Consejo Nacional Electoral, CNE), AD holds the second most seats in the 2020 National Assembly, with 11 of 277 total seats; for comparison, the ruling United Socialist Party of Venezuela (Partido Socialista Unido de Venezuela, PSUV) holds 253 seats (Venezuela 2020-12-17).

1.1 Ideology and Objectives

According to the website of AD's National Executive Committee (Comité Ejecutivo Nacional, CEN), the party began as a [translation] "leftist movement" (AD n.d.a). The AD's 2022 Party Charter, published on the website of the party's Merida chapter, describes the party as [translation] "social democratic," "anti-imperialist and against any form of non-democratic domination of the peoples, [as well as] revolutionary, humanist, polyclassist, anti-feudal, integrationist, nationalist and fundamentally democratic" (AD 2022-04-02, Art. 2, 226(2)). Further information on AD's objectives could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. 2020 Ruling by the Venezuelan Supreme Court (Tribunal Supremo de Justicia, TSJ)

Sources report that in 2020, the TSJ suspended and replaced the leaders of opposition parties (Bertelsmann Stiftung 2022, 9, 10; Freedom House 2023-03-09, Sec. B1), including the leader of AD (Freedom House 2023-03-09, Sec. B1). Sources state that the TSJ granted control of the parties to "regime loyalists" (Bertelsmann Stiftung 2022, 10) or to "government supporters" (HRW 2020-07-07). According to sources, the TSJ appointed Bernabé Gutiérrez as leader of the AD executive, removing Henry Ramos Allup [and Isabel Carmona (Acceso a la Justicia 2023-01-18)] from leadership (Caracas Chronicles 2022-02-08; Acceso a la Justicia 2023-01-18).

According to the 2020 TSJ ruling, Sentence 0071, a case brought by two AD party activists against then-leadership of AD, Isabel Carmona de Serra, Henry Ramos Allup, and Bernabé Gutiérrez, the party's National Steering Committee (Comité Directivo Nacional, CDN) had extended the mandate of the party's elected leaders from three to six years without holding new elections (Venezuela 2020-06-15). The same ruling further indicates that the plaintiffs [translation] "denounced" as a "violation" of their political participation

[the] changing [of] the organization's state and chapter executives, as well as the regional boards, on a whim and entirely at the discretion of citizens Isabel Carmona de Serra, Henry Ramos Allup and Bernabé Gutiérrez, as the highest authorities of the Democratic Action political party.

They alleged that the said citizens disregarded the reported situation, violating [the plaintiffs'] right to political participation, putting their personal interests above those of the party, thus compromising all of its political actions. (Venezuela 2020-06-15)

The same source states the following regarding the measures taken against AD leadership:

[translation]

[T]his Chamber declares that there are sufficient elements to declare ex officio the urgency of this request for remedy [amparo] and grants the following precautionary measures:

1. The current National Leadership of the Democratic Action political organization is suspended.
2. It is agreed to appoint an ad hoc board of directors to carry out the necessary restructuring of the Democratic Action political organization, chaired by Citizen Bernabé Gutiérrez, holder of the identity card No. …, who acted as the National Organizational Secretary [Secretario Nacional de Organización]. It is to be made up of a Chair, National Secretary General and National Organizational Secretary who will perform the managerial and representative duties of the Democratic Action political organization as well as designate regional, municipal and local authorities. To this end, this Chamber instructs Citizen Bernabé Gutiérrez, in his capacity as Chair of the ad hoc board of directors, to complete the list of the board with its positions and file it with this Chamber within a period of eight (8) days effective the date of publication of this ruling.
3. The ad hoc Board of Directors may use the electoral logo, logo, symbols, emblems, colours or any other item belonging to the Democratic Action political organization.
4. The ad hoc Board of Directors is ordered to carry out internal consultation to make the necessary updates and amendments to the statutes [also translated as party charter] in force in order to bring them into line with the Constitution of the Bolivarian Republic of Venezuela and the other laws in effect. … (Venezuela 2020-06-15)

In correspondence with the Research Directorate, a professor of politics at a Venezuelan university indicated that by "late 2022," the government had recognized the TSJ-appointed ad hoc board as permanent (Professor 2023-07-21).

Bertelsmann Stiftung's Transformation Index (BTI) 2022, which "assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries," states regarding the TSJ's 2020 rulings "ordering" opposition party "takeover[s]" that these "amounted to a direct attack on the freedom to form political groups" (Bertelsmann Stiftung 2022, 2, 10). According to a 2020 article by Human Rights Watch (HRW) on the TSJ rulings, the judgments suspending leaders from the AD and the First Justice Movement (Movimiento Primero Justicia) opposition parties "used almost identical language," and while the ruling on the Popular Will (Voluntad Popular) party was not yet available, the TSJ had announced that it would apply "similar measures" to that party (HRW 2020-07-07). The same source adds that

[t]he new leadership's ability to use logos, symbols, and emblems from the opposition parties … threatens basic rights to information and political participation, as it creates a serious risk of misinformation and deception of voters who have associated those images with the opposition parties' ideals. (HRW 2020-07-07)

An article by Crónica Uno, a Spanish-language digital news outlet based in Caracas (SembraMedia n.d.), quotes Henry Ramos Allup, referring to the 2020 TSJ ruling, as stating that such decisions are [translation] "trying to steal" political parties' acronyms, history, and headquarters (Crónica Uno 2020-06-16).

According to a press release, in 2022, under the faction led by Bernabé Gutiérrez, a new AD party charter was adopted (AD 2022-04-03). This new party charter states that it is repealing and replacing the previous charter adopted in 1996 (AD 2022-04-02, Art. 226). Information on the implementation of the AD's 2022 Party Charter could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1 Factions Resulting from the 2020 TSJ Ruling

In a social media post dated 16 June 2020, AD shared a decision from the party's CEN to [translation] "expe[l]" Bernabé Gutiérrez from the party and name Carlos Prósperi to replace him as National Secretary (AD 2020-06-16). An article by Efecto Cocuyo, an [translation] "independent" Venezuelan news website (Efecto Cocuyo n.d.), describes the AD as [translation] "[d]ivided," noting that Carlos Prósperi of the "AD 'in resistance'" led by Henry Ramos Allup, and Bernabé Gutiérrez, the TSJ-appointed leader of AD, have both announced themselves as presidential candidates in the upcoming 2024 elections (2022-09-13). The same source explains that the party has failed to reunify after the 2020 judicial intervention and that this dual candidacy [translation] "deepens the divisions" between the factions of Prósperi and Gutiérrez, further dividing party supporters and votes (Efecto Cocuyo 2022-09-13).

The information in the following paragraph was provided by the Professor in correspondence with the Research Directorate:

Both factions of the AD party resulting from the 2020 TSJ ruling continue to operate simultaneously "as separate political entities." The structure of the party has become more divided and complicated with both sides claiming to embody "the true spirit of AD." "Following the TSJ decision, several prominent members of AD, including former presidents, party leaders, and elected officials, denounced the move as illegitimate and refused to recognize the new, imposed leadership." The "physical control of the party's assets," including offices, "remains contested" (Professor 2023-07-21).

3. Structure

The information in the following paragraph was provided in AD's 1996 Party Charter:

AD has two national bodies, namely the National Steering Committee (Comité Directivo Nacional, CDN), which [translation] "usually" meets once a year, and the National Executive Committee (Comité Ejecutivo Nacional, CEN), which meets weekly and is the highest permanent body of the party. The National Convention (Convención Nacional) is the highest authority within the party, meets once a year or as convened by the CEN, and is made up of members of the CEN and CDN, among others. The party has one chapter in each state, except for the Federal District of Caracas and the State of Sucre, which have two chapters each [1]. The highest authority within each state is referred to as the Regional Convention (Convención Seccional), consisting of a Regional Executive Committee (Comité Ejecutivo Seccional, CES) and a Regional Steering Committee (Comité Directivo Seccional, CDS). Each state chapter is further subdivided into municipal, parish, and local committees. There is a Municipal Executive Committee (Comité Ejecutivo Municipal, CEM) at the municipal level and a Parish Executive Committee (Comité Ejecutivo Parroquial, CEP) at the parish level. At the base of the party's hierarchical structure are the Local Plenary Assembly (Asamblea Plenaria Local, APL) and the Local Committee (Comité Local, CL) (AD 1996-02-05, Art. 19-26, 28, 29, 33, 36).

3.1 Leadership

According to the AD's 1996 Party Charter, the President and the General Secretary are the national and legal representatives of the party (AD 1996-02-05, Art. 39–40). In the absence of both, the party will be represented by the members of the CEN (AD 1996-02-05, Art. 39–40). According to Encyclopaedia Britannica, the CEN is tasked with making formal decisions and is led by a general secretary, who holds "great power" within the party (Encyclopaedia Britannica 2023-03-20).

The website of the AD CEN led by Bernabé Gutierrez lists the following members as forming the CEN:

• Bernabé Gutiérrez, Secretary General;
• Clever Lara, Organizational Secretary;
• Anyelith Tamayo, Youth Secretary;
• Miguel Quiroz, Union Secretary;
• Renny Bonalde, Culture Secretary;
• Valery Melo, Women's Secretary;
• Pedro José Rojas, International Affairs Secretary;
• Feniel Girón, Professional and Technical Workers Secretary;
• Thais Alfonzo, Municipal Affairs Secretary;
• Carlos Pernía, Agriculture Secretary;
• José Silvio Torres, Education Secretary (AD n.d.b).

Sources report the following additional members of the CEN: Leomagno Flores, Óscar Ronderos, José Gregorio Correa, José Gregorio Ruiz, Óscar Pulido, Jesús Brito, Horangel Salas, Nixon Maniglia, and Rubén Lima (TalCual 2020-06-13; El Nacional 2022-12-29).

4. Internal Elections

The information in this section was provided in articles published by Acceso a la Justicia, a non-profit organization monitoring the judicial system in Venezuela (Acceso a la Justicia n.d.):

AD held internal elections on 11 June 2022 in which, according to the TSJ-appointed party authorities, 213,944 members participated (2023-01-18). The internal election process was contested in court by the executive committee of the party's Caracas chapter who cited [translation] "irregularities" in their district with regard to the electoral register and compliance with the electoral schedule; however, the case filed was dismissed by the TSJ in December 2022 (2022-12-14). The TSJ judge [translation] "declined to consider the anomalies" raised by the plaintiffs (2022-12-14). The TSJ ruling, quoted by Acceso a la Justicia, describes the case as [translation] "hid[ing] an 'implicit' intention to confuse this judicial body into issuing a decision that contradicts [TSJ] judgments 0071 of 15 June 2020 and 0184 of 21 May 2021" [2] (Acceso a la Justicia 2022-12-14).

4.1 Internal Elections and Leadership in Trujillo State

An article by Diario de los Andes (DLA), a news website covering the states of Táchira, Mérida, and Trujillo in Venezuela, reports that AD held internal elections to elect regional and municipal leaders on 11 June 2022 (DLA 2022-06-14). According to the same article, citing an announcement by the President of AD's Regional Electoral Commission (Comisión Electoral Regional), the slate of candidates elected in Trujillo state was the only one that participated in these elections (DLA 2022-06-14). The article states that, according to the President, other groups intended to put forward slates of candidates, but [translation] "were left out of the process" for not meeting requirements set by the party's National Electoral Commission (Comisión Electoral Nacional) (DLA 2022-06-14). The President is further cited as stating that, for the Trujillo chapter, José Gregorio Montilla was elected Secretary General and Francisco Montilla was elected Organizational Secretary (DLA 2022-06-14). Diario El Tiempo, a news platform serving Trujillo State (Diario El Tiempo n.d.), quotes a joint statement by José Gregorio Montilla and Francisco Montilla in support of Bernabé Gutiérrez's candidacy for president (2022-09-10).

However, according to the DLA, there is also an AD Regional Executive Committee (Comité Ejecutivo Seccional, CES) for Trujillo that supports Henry Ramos Allup, and it swore in new members in February 2022 (DLA 2022-02-17). According to the 1996 Party Charter, the CES is the party's permanent governing body at the regional level (AD 1996-02-05, Art. 65). According to the same February 2022 DLA article, existing CES members included Carlos Andrés González, Herman Quintero, Luis Alberto Infante, Luis Miguel Barrios, Liliam Vielma, Rodolfo Paredes, Albino González, Luis Miguel Barrios, Carmen Pérez, Teresa Montilla Wilmer Albarrán, Luis Daniel Reyes, Carmen Méndez, and Leydi Rosales and new members added to the Trujillo CES included Keiver Peña, Hugo Bastidas, Leonardo García, Julián Araujo, and Darío Fajardo (DLA 2022-02-17). A subsequent DLA article provides the following non-exhaustive list of Trujillo CES [translation] "secretaries": Herman Quintero, Carmen Méndez, Carmen Pérez, Rodolfo Paredes, Luis Alberto Infante, Keiver Peña, Hugo Bastidas, Gustavo Terán, Teresa Montilla, Leonardo García, Luis Daniel Reyes, and Luis Miguel Barrios (2022-02-27). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Requirements and Procedures to Become a Member

The AD's 1996 Party Charter states that [translation] "[a]ny Venezuelan over the age of 18" may join the AD party, "without discrimination on the basis of religion, race, sex or social status," as long as they meet the conditions listed (AD 1996-02-05, Art. 6). The updated 2022 Party Charter, issued by the AD faction led by Bernabé Gutiérrez, indicates that [translation] "[a]ny citizen, resident or not, and any foreigner residing in Venezuela" may join AD "without discrimination based on religion, race, sex, gender or social status," if they are over the age of 18 and meet the conditions listed (AD 2022-04-02, Art. 8). Both party charters list the following conditions for an individual to be eligible for membership:

[translation]

1. Identifies with the Party's doctrinal and programmatic principles.
2. Does not belong to another political party.
3. Has a good public and private reputation.
4. Has not been expelled from any party's membership for acts against public morality and has not been convicted to serve a firm and definitive sentence for the commission of crimes against persons, property or national wealth, excluding criminal negligence.
5. Has not been expelled from any party membership for acts disloyal to the party. (AD 1996-02-05, Art. 6; AD 2022-04-02, Art. 8)

6. Membership Cards

In correspondence with the Research Directorate, an assistant professor of political science at The Citadel, The Military College of South Carolina, who studies Venezuelan politics, stated that unlike in "previous decades," the party does not demand that its members hold proof of membership; there used to be a formal procedure for obtaining party identification, but this requirement has not been "widely enforced" in recent years (2023-08-04). The Assistant Professor added that individuals who want to join AD can do so by publicly expressing their desire and readiness to become party members (2023-08-04). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

7. Proof of Membership

Information on proof of AD membership was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

Both the 1996 and 2022 party charters indicate that AD membership [translation] "shall be certified by inclusion [of members] in the membership register" (AD 2022-04-02, Art. 12; AD 1996-02-05, Art. 10). The 2022 party charter further specifies that "[e]ach member shall be issued a corresponding physical or digital certificate" (AD 2022-04-02, Art. 12). Further information on the membership register and associated certificates could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

8. Treatment of Members by Authorities

According to the Assistant Professor, in comparison to other parties, the members and leaders of AD have not experienced the same level of attacks, and, unlike leaders of other political parties, "so far" prominent leaders of AD have not been arrested, forced into exile, or barred from holding public office (2023-08-04).

8.1 Judiciary

BTI 2022, which covers the period from February 2019 to January 2021, states that in Venezuela, the "rights of association and assembly are constitutionally guaranteed but are not protected in practice" (Bertelsmann Stiftung 2022, 10). The same source reports that party leaders and members of parliament have been "arbitrar[ily]" detained, despite the latter group having immunity from prosecution (Bertelsmann Stiftung 2022, 10). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

8.2 Freedom of Expression

The 2009 Electoral Processes Law (Ley Orgánica de Procesos Electorales, LOPRE) provides the following on electoral coverage:

[translation]

Article 81. Public and private media shall provide full and balanced news coverage, not misrepresenting the reality of the campaign. To that end, [media] shall maintain a careful balance of time and space dedicated to information about candidates' activities. (Venezuela 2009, bold in original)

However, according to an EU Election Observation Mission report on Venezuela's November 2021 regional and municipal elections, "candidates from different opposition parties had no access to state media" in 15 of 23 states; the Democratic Unity Roundtable (Mesa de la Unidad Democrática, MUD), an opposition coalition that included AD, was "affected above all," with no access to state media in 13 states (EU 2022-02-22, 8, 12, 27). The same report notes that, nevertheless, representatives from opposition parties indicated having been contacted by "state-owned" television to appear on programs or submit footage "for the first time in years" (EU 2021-02-22, 27). The report states, though, that the CNE president "publicly acknowledged 'imbalances' in the exposure of candidates and party advertising on mass media" for the November 2021 elections (EU 2022-02-22, 27). BTI 2022 indicates that under Nicolas Maduro's government, the number of independent media sources has dropped to "almost zero," with "no independent print media or TV channels" and only "a few independent radio stations" left in the country (Bertelsmann Stiftung 2022, 11). According to the Professor, there have been instances of internet protocol (IP) address blocking and restrictions on certain social media and independent media outlets; political opposition parties are "routinely censored" by the Maduro government "in open access mass media" (2023-07-21). Reporters Without Borders (Reporters sans frontières, RSF) similarly states that the government "practices a sustained policy of blocking news content on the Internet," which impacts "independent" media outlets (RSF [2023]). According to the Assistant Professor, to circumvent censorship and disseminate information, people turn to "using [Virtual Private Networks (VPNs)] or instant messaging apps like WhatsApp or Telegram" (2023-08-04). The same source noted that online presence plays a significant role in facilitating the spread of information regarding political activities, and in the context of AD, "its online presence can be found through social media" (Assistant Professor 2023-08-04).

The Professor indicated that both AD factions are active on Twitter [now named X] (2023-07-21). The same source stated that the AD dissident faction does not have an active webpage, that "its advertised current site is dormant," and that an "old domain belonging to the party has not been updated since 2015" (Professor 2023-07-21). The Professor added that while the AD faction under Gutiérrez has an up-to-date website, it "lag[s] behind" the "[u]nofficial AD" in social media followers and user engagement (2023-07-21).

8.3 Incidents

According to sources, in May 2019, [AD member (BBC 2019-09-18)] Edgar Zambrano—at the time, deputy to the opposition leader Juan Guaidó—was arrested for "treason" after a "failed uprising" against President Maduro (Al Jazeera 2019-09-18; BBC 2019-09-18). The BBC reports that Zambrano was taken into custody by members of the secret service eight days after the "uprising" (2019-09-18). Al Jazeera states that Zambrano was held in detention for four months (2019-09-18). According to the same source, Zambrano was quoted as stating that he was "'captured in the middle of the night, by men who never identified themselves, with no order for capture, with no order from the republic, and in contravention of [his] political rights'" (Al Jazeera 2019-09-18). A news article on the National Assembly website indicates that as of April 2023, Zambrano is First Vice President of the AD dissident faction (Venezuela 2023-04-24).

According to the Professor, AD has not faced "extreme cases of persecution such as torture or imprisonment," but members of the legislative assembly and local party leaders do face "violent aggression," including attacks from "armed government partisans" (2023-07-21).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the 1996 AD charter, the Federal District is divided into two sections: one for Caracas, which includes the Libertador municipality, and one for Vargas, which includes the municipality of the same name. Sucre State has a section for Cumaná, which includes the municipalities of Andrés Eloy Blanco, Bolívar, Mejías, Montes, Rivero, Sucre, and Cruz Salmerón Acosta, as well as a section for Carupano, which includes the municipalities of Andrés Mata, Arismendi, Benítez, Bermúdez, Cajigal, Libertador, Mariño, and Valdez (AD 1996-02-05, Art. 21).

[2] Judgment 0184 of 21 May 2021 of the Venezuelan Supreme Court (Tribunal Supremo de Justicia, TSJ) states the following:

[translation]

an EXTENSION OF TWELVE (12) MONTHS to the period granted in judgment number 0071 of 15 June 2020 by this Chamber in the cautionary measure decreed under number 4 of the Third Provision in the ruling, that is until the fifteenth (15th) of June of two thousand and twenty-two (2022). Consequently, the ad hoc Board of Directors is ordered to carry out the internal consultation to make the necessary updates and amendments to the statutes in force in order to bring them into line with the Constitution of the Bolivarian Republic of Venezuela and the other laws in effect. Furthermore, there should be an internal consultation to hold elections for the National, State and Municipal Political Boards of the political organization, Democratic Action, firmly maintaining the other measures decreed in the judgment. (Venezuela 2021-05-21)

References

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Acceso a la Justicia. 2022-12-14. "Se avaló las elecciones internas del partido Acción Democrática (AD), Seccional Caracas, celebradas el pasado 11 de junio de 2022, pese a las denuncias de irregularidades." [Accessed 2023-06-28]

Acceso a la Justicia. N.d. "Nosotros." [Accessed 2023-06-13]

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Additional Sources Consulted

Oral sources: Acción Democrática – Seccional Trujillo, Seccional Guárico; assistant professor at an American university who studies crime and citizen security in Venezuela and Colombia; assistant professor at an American university who studies Venezuelan politics; International Crisis Group; senior lecturer at an Australian university who studies the roles of legal institutions in Venezuela; professor of sociology at an American university whose areas of research include Venezuelan politics; researcher at a Venezuelan university.

Internet sites, including: 800Noticias; Agence France-Presse; Associated Press; Brookings Institution; Caraota Digital; Center for Disaster Philanthropy; Centro para los Defensores y la Justicia; Correo del Caroní; Council on Foreign Relations; Crónica Uno; Diario Contraste Noticias; El País; El Universal; Europa Press; Europa World; Foreign Affairs; Foro Penal; Global Americans; Global Centre for the Responsibility to Protect; Infobae; International Criminal Court; Jane's Country Risk Daily Report; Jane's Intelligence Review; Libertad Digital; Miami Herald; NTN24; Poderopedia; Radio Fe y Alegría Noticias; Robert F. Kennedy Human Rights; UN – OHCHR; US – Department of State; Venevisión; Voice of America; Washington Office on Latin America.