Venezuela: Treatment of suspected whistleblowers and former government employees by authorities and pro-government groups (colectivos; circulos bolivarianos); whether current government employees are required to participate in activities promoting state policies and politicians, including those organized by pro-government groups; the treatment of individuals who refuse to participate (2022–February 2024)
1. Overview
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," indicates that "46% of the workforce hold regular jobs in the public (24%) and private (22%) sectors, while 45% works in the informal sector" (Bertelsmann Stiftung 2022, 2, 16). The same source indicates that public sector hiring in Venezuela relies "entirely" on "patronage and loyalty, with disregard for" professional expertise or competency (Bertelsmann Stiftung 2022, 29). In correspondence with the Research Directorate, the President of the Venezuelan Diaspora Observatory (Observatorio de la Diáspora Venezolana) stated that [translation] "the public sector is a significant source of employment, making up approximately 20% of the workforce," and that the formal private sector has greatly declined with the closure of "hundreds of thousands" of companies (President 2024-01-18). The same source indicated that the government takes advantage of vulnerabilities created by the reliance on public employment, noting that state employees are obligated to participate in marches wearing red shirts (the colour of the government), their attendance there is controlled, and non-compliance can result in the denial of promotions or dismissal (President 2024-01-18). Summarizing their [translation] "most recent" research, the NGO Transparencia Venezuela [1] stated in an article published in February 2022 that they found allegations of "corruption or mismanagement" in 46 regional public companies across various sectors, including gas distribution, transportation, agrifood, construction, mining, and commerce (Transparencia Venezuela 2022-02-14). The NGO adds that those public companies had [translation] "opaque practices, lacked accountability," and "were used for partisan political purposes" (Transparencia Venezuela 2022-02-14).
During an interview with the Research Directorate, a senior lecturer at La Trobe University in Australia, whose research focuses on the state of democracy and the role of legal institutions in Venezuela, stated that despite having a democratic constitution and laws put in place, the country has been experiencing a "deliberate" "deterioration of democratic conditions" that "undermines democratic institutions" (Senior Lecturer 2024-01-17).
2. Treatment of Suspected Whistleblowers or Former Government Employees by Authorities or Pro-Government Groups
The information in the following paragraph was provided by the Senior Lecturer in a telephone interview with the Research Directorate:
The Senior Lecturer noted that in practice, the institutions responsible for upholding the rule of law in Venezuela are "severely compromised," and that one prominent issue contributing to the challenges in maintaining the rule of law is the "increasing empowerment, presence, and relevance of informal groups such as colectivos." Colectivos are loosely organized groups that are "often propelled" by the state or act "with impunity under the protection or negligence" of state authorities and law enforcement agencies. They may have connections to various ministries and state entities and be assigned various "informal government roles," such as arranging food distribution in low-income neighbourhoods, and they may have connections to criminal activities like racketeering. The "roles" given to the colectivos by the state can grant them the ability to "informally" monitor individuals, including state employees, and identify those they perceive as "problematic or acting against" the interests of the colectivos or, depending on circumstances, the government. Colectivos may track and identify individuals informally; for example, they may identify individuals during food distribution. The "best-known role of the colectivos is the repression of opposition activities, particularly during demonstrations, because they can identify those who oppose the state" (Senior Lecturer 2024-01-17).
In correspondence with the Research Directorate, an assistant professor of political science at The Citadel, The Military College of South Carolina, whose research focuses on Venezuelan politics, stated that "some" former government officials who criticized the government and whistleblowers, particularly those who held high-ranking positions, are in exile or reside outside Venezuela (2023-01-24). According to the Assistant Professor, in such cases, pro-government groups and the state security apparatus may be used to survey and intimidate the relatives of such former government employees, as well as whistleblowers who remain in Venezuela (2023-01-24).
In correspondence with the Research Directorate, a Caracas-based senior analyst of International Crisis Group, who researches the Venezuelan political situation, stated that "[t]here is little or no tolerance for dissent," as criticizing the government or its entities, even in private conversations such as on WhatsApp groups, is seen as "treachery, or even treason," potentially resulting in imprisonment (Senior Analyst 2024-01-15). The same source added that individuals have been incarcerated for extended periods without a trial for posts they made on social media platforms such as Twitter [now named X] (2024-01-15). According to the Senior Analyst, public employees' phones are "occasionally checked" for content deemed anti-government (Senior Analyst 2024-01-15). A 2023 UN Human Rights Council fact-finding mission report on Venezuela found instances of individuals being "indicted on arbitrary charges for undertaking lawful activities," stating that
terrorism-related charges have "frequently" been used to punish individuals for exercising their right to freedom of association and assembly, such as the case of union leader Eudis Girot. Girot was initially charged with the crimes of "terrorism," "conspiracy" and "criminal association" for having issued several tweets in which he allegedly made a call to the workers of the oil industry to mobilize against the fuel shortage. (UN 2023-09-18, para. 63)
The fact-finding mission report indicates that those who disseminate information critical of the government or its policies, including individuals, media outlets, and organizations, "are the most common targets of defamatory and discrediting statements by State officials" and that this extends to individuals who, while not directly criticizing the government, publish information seen as contributing to a negative portrayal of the country, "such as reporting on social protests or deaths of Venezuelan migrants" (UN 2023-09-18, para. 58).
According to a report by Justice, Gathering and Forgiveness (Justicia, Encuentro y Perdón, JEP), an organization that monitors human rights violations in Venezuela (JEP n.d.), [translation] "active and retired employees of the law enforcement agencies" make up the largest group of political prisoners who are arbitrarily detained, but civil society members and foreign troops are also detained for political reasons (JEP 2023-04, 7). Of the 179 detainees who were active and retired employees of the law enforcement agencies, 87 percent were active civil servants at the time of their arrest and 13 percent were retired or had resigned (JEP 2023-04, 7). The same report adds that
[translation]
the fact that more than half of the existing political prisoners in Venezuela are agents or former agents of the State only corroborates the underlying political motivation behind the arrests, since the government focuses precisely on keeping behind bars those who have the logistical means, arms or technical capabilities to lessen their stay in power. (JEP 2023-04, 7)
3. Participation in Pro-Government Activities and Treatment of Individuals who Refuse to Participate
Sources stated that government employees do face pressure to attend events that endorse the state (Senior Lecturer 2024-01-17; Assistant Professor 2023-01-24; Senior Analyst 2024-01-15). According to the Senior Lecturer, the pressure to participate in activities promoting the state originates from within one's institution of employment, such as from one's immediate supervisor (2024-01-17). The same source added that those public servants who do not agree with the "regime interests" are unlikely to jeopardize their jobs by resisting such pressure; rather, "they will do what they need to do" (Senior Lecturer 2024-01-17). According to the Senior Lecturer,
[r]epercussions [for refusal to participate] include losing your job, but by now when these rallies or events happen the people who work in these public entities must attend. The expectation is that if you do not [attend], you will lose your job. It would not only be losing your job, your life would be really unpleasant. You may be portrayed by the party as an opposition person. In some cases, you may not lose your job but you would not be trusted and, depending on the particular office or role that you have, you would no longer be given meaningful tasks, or you would be relegated and forget about being promoted. (Senior Lecturer 2024-01-17)
According to the Assistant Professor, employers may not "threaten" employees to attend such events; "[h]owever, employees fear retaliation if they do not participate" (Assistant Professor 2023-01-24).
The Senior Analyst stated that government employees are under pressure to participate in rallies where "'the people' supposedly express spontaneous support" for government policies, candidates, or projects (2024-01-15). The same source described that "[n]ames are checked off on a list to verify attendance and report how long the employee remained at a pro-government rally, for example" (Senior Analyst 2024-01-15). The Senior Analyst explained:
This is generally done by the head of a particular department, who is responsible for reporting to his/her superior the attendance at a particular event. Not all employees attend – with time, the number of absentees has grown, as people realize that in many cases the government cannot afford to sack them because no one else will do the job for the poverty wages offered. (2024-01-18)
The Senior Analyst stated that the specific consequences of failing to show up to rallies will vary based on individual circumstances, including the stance of the immediate supervisor, and that employees can and do get terminated for non-participation; they might be denied promotions or be demoted to a lower position, some may be excluded from receiving certain "'benefits'" occasionally provided to government employees, such as subsidized food (2024-01-18).
4. Incidents
The UN fact-finding mission report indicates that "discontent and protests" in connection to economic challenges in the country emerged in the early months of 2023, "involving notably the health and education sectors and the State-owned enterprises" (UN 2023-09-18, para. 18).
The US Department of State's Country Reports on Human Rights Practices for 2023 states that NGOs documented that government employees encountered "discrimination and harassment" based on their political beliefs (US 2023-03-20, 63). The same report notes that in 2021, the International Labour Organization (ILO) "expressed deep concern regarding the large number of reported instances of acts of discrimination at work, harassment, and dismissal of employees on the basis of political opinion, as inconsistent with the country's obligations under ILO conventions on discrimination" (US 2023-03-20, 63). Citing Fordisi, an NGO that works with teacher's unions, US Country Reports 2023 report lists 2,153 teachers in Carabobo, 700 in Guarico, 141 in Portuguesa, and 6 in Caracas ceased receiving salaries in July 2022, which activists argued was a form of retaliation for speaking out against the labour practices of the government (US 2023-03-20, 63).
In a report documenting cases of political prisoners from January to October of 2023, Foro Penal, a Venezuelan NGO that provides pro bono legal assistance to persons who have been arbitrarily detained, registered a total of 271 individuals detained by the government during this time, 54 percent of whom were military officials (2023-11-17, 2, 3). According to the report, four individuals were arrested in January of 2023 by members of the Bolivarian National Guard (Guardia Nacional Bolivariana, GNB), following demonstrations for salary improvements organized by the state's steel plant Siderúrgica del Orinoco (SIDOR) (Foro Penal 2023-11-17, 4). Without providing further details, the same report adds that in June 2023, two workers from the SIDOR steel plant were detained by authorities (Foro Penal 2023-11-17, 4).
According to a press release by Centro de Justicia y Paz (CEPAZ), a non-profit organization that promotes [translation] "democratic values, human rights and a culture of peace" in Venezuela (CEPAZ n.d.), security forces continued their [translation] "attacks" against public servants following protests by workers unsatisfied with their salary conditions and quality of life, which has prevented public workers from exercising their right to protest (2023-05-04). Sources report that an employee of the state company Conacal who is also a leader of the Bolivarian Socialist Central of Workers (Central Bolivariana Socialista de los Trabajadores), was denied access to his workplace after requesting through social media that an investigation be made for acts of corruption and embezzlement at his workplace (CEPAZ 2023-05-04; Espacio Público 2023-02-07). According to an article by Espacio Público, an NGO that promotes and defends freedom of expression (Espacio Público n.d.), the employee indicated that he was being singled out for being a union leader and added that he had been [translation] "intimidated, received lower pay, and had less qualified individuals assigned to supervise him" (2023-02-07). The same article adds that the state employee [translation] "reported corruption partly because the government of Nicolás Maduro itself has called on several occasions to denounce whatever happens in state-owned companies" (Espacio Público 2023-02-07).
Sources report that in August 2023, six trade unionists were sentenced to 16 years in prison with charges of conspiracy and criminal association after leading a wave of protests in 2022 for wage increases (El País 2023-08-09; Transparencia Venezuela 2023-08-03). The Madrid-based newspaper El País adds that the Attorney General, who is "faithful" to President Nicolàs Maduro, stated the six men are "'conspirators'" and not trade unionists (El País 2023-08-09).
The BTI 2022 reports that protests staged by healthcare workers for "inadequate working conditions were brutally repressed, and more than a dozen were detained for publicly criticizing the situation" (Bertelsmann Stiftung 2022, 10). According to the same report, health care professionals were cautioned against disclosing information about COVID-19 cases or conditions within their respective workplaces and were told not to criticize the government's management of the pandemic (Bertelsmann Stiftung 2022, 11).
The UN's fact-finding mission reports that it investigated "at least" 58 cases of arbitrary detentions occurring since 2020, 53 of which took place in the context of "selective repression of real or perceived opponents" of the government and included the arbitrary detention of trade union leaders, human rights defenders, members of NGOs, journalists, individuals affiliated with opposition parties, teachers, and others expressing criticism or grievances against the government, including labor-related demands (UN 2023-09-18, para. 34). According to same report, three of those cases involved military personnel arrested for their "alleged participation … in military acts of rebellion, officially portrayed as intending to destabilize the Government" (UN 2023-09-18, para. 34).
In its 2023 annual report, Freedom House indicates that there has been a shift in the control of unions from traditional leaders aligned with the opposition to new workers' organizations that "often align" with the government (2023-03-09, Sec. E3). According to sources, on 2 August 2022, a union leader who worked for the Venezuelan Aluminum Industry (Industria Venezolana de Aluminio, Venalum) was arrested in Anzoátegui state by security officials when he was traveling to Caracas to participate in labour protests (US 2023-03-20, 59; TalCual 2022-08-02). According to the Venezuelan newspaper Correo del Caroní, the union leader was detained for four months before being released under the condition of complying to a two-year monthly reporting program (Correo del Caroní 2023-03-10).
5. Protection Measures for Whistleblowers
The Senior Analyst stated that "in theory" freedom of speech for whistleblowers who raise concerns about the government is enshrined in the Constitution (2024-01-15). However, sources indicated that there is, [in practice (Senior Analyst 2024-01-15)], no safeguard for whistleblowers (President 2024-01-18; Senior Analyst 2024-01-15). The President of the Venezuelan Diaspora Observatory added that this is because the judicial system is [translation] "at the service" of the present government (President 2024-01-18).
5.1 Ombudsperson (Defensoría del Pueblo)
When asked about the effectiveness of the Ombudsperson for whistleblowers, the Senior Lecturer stated that there "can be no reasonable expectation that the accountability institutions of the state, including the Defensoría del Pueblo, could act in your best interest or offer effective protection" (2024-01-17). The Senior Lecturer explained that this is because state institutions, including the Ombudsperson's office, do not have the capacity required to fulfill their functions, and because the Ombudsperson's office "is a politicized organization" (2024-01-17). According to the Senior Lecturer,
[a]s an institution it does not really function to protect; the general rule is that you cannot have expectations that they will offer you the protection you need. Cases where whistle-blowers might be offered protection will depend on who you are and who you are making a claim against. On the contrary, whistle-blowers might avoid such institutions, in the context of Venezuela information of any kind is risky. (2024-01-17)
US Country Reports 2023 states that the Ombudsperson did not impartially and objectively advocate for citizens' human rights (US 2023-03-20, 42). The UN fact-finding mission reports that the Ombudsperson's office, amongst other public offices, "failed to act in response to allegations of torture and ill-treatment" and "impunity for these acts in cases involving real or perceived opponents of the Government remains the norm" (UN 2023-09-18, para. 42). The fact-finding mission states the following:
The mission investigated in detail the role of the Ombudsman’s Office (Defensoría del Pueblo). In 2016, the Defensoría was downgraded from "A" to "B" status by the Global Alliance of [National] Human Rights Institutions (GANHRI), citing concerns over a lack of independence and lack of response to government abuses. The mission's investigations confirmed that these concerns remain valid. The current Ombudsman, Alfredo Ruiz Angulo, has openly aligned with the Government and, in violation of his constitutional mandate, has failed to speak up when confronted with major episodes in the country's human rights crisis. The mission has reasonable grounds to believe that the Defensoría routinely and deliberately failed to respond effectively to allegations of serious human rights violations, either ex officio or in response to complaints from victims and their families. (UN 2023-09-18, para. 98)
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.
Note
[1] Transparencia Venezuela is a national chapter of Transparency International (Transparencia Venezuela n.d.). Transparency International is a global, independent, non-governmental, not-for-profit organization that aims to "stop corruption and promote transparency, accountability and integrity at all levels and across all sectors of society" (Transparency International n.d.).
References
Assistant Professor, The Citadel, Charleston, South Carolina. 2024-01-24. Correspondence with the Research Directorate.
Bertelsmann Stiftung. 2022. "Venezuela Country Report." Bertelsmann Stiftung's Transformation Index (BTI) 2022. [Accessed 2024-01-08]
Centro de Justicia y Paz (CEPAZ). 2023-05-04. "Crece la arremetida contra periodistas y trabajadores públicos." [Accessed 2024-02-09]
Centro de Justicia y Paz (CEPAZ). N.d. "Sobre CEPAZ." [Accessed 2024-02-28]
Correo del Caroní. 2023-03-10. Francesca Díaz. "Douglas González: 'Quienes reclamamos nuestros derechos somos los que terminamos presos'." [Accessed 2024-02-09]
El País. 2023-08-09. Alonso Moleiro. "Wave of Outrage in Venezuela After Six Trade Unionists Convicted of Conspiracy and Terrorism." [Accessed 2024-02-09]
Espacio Público. 2023-02-07. "CVG Conacal impide acceso a trabajador que hizo denuncias de corrupción." [Accessed 2024-02-09]
Espacio Público. N.d. "Quiénes somos?" [Accessed 2024-02-28]
Foro Penal. 2023-11-17. Reporte sobre la represión política en Venezuela octubre 2023. [Accessed 2024-02-09]
Freedom House. 2023-03-09. "Venezuela." Freedom in the World 2023. [Accessed 2023-01-08]
Justicia, Encuentro y Perdón (JEP). 2023-04. Balance de presos políticos en Venezuela (2014 – abril 2023). [Accessed 2024-02-09]
President, Observatorio de la Diáspora Venezolana. 2024-01-18. Correspondence with the Research Directorate.
Senior Analyst, International Crisis Group. 2023-01-18. Correspondence with the Research Directorate.
Senior Analyst, International Crisis Group. 2023-01-15. Correspondence with the Research Directorate.
Senior Lecturer, La Trobe University, Australia. 2024-01-17. Interview with the Research Directorate.
TalCual. 2022-08-02. Luisa Quintero. "Detienen al sindicalista Douglas González por denuncias sobre Venalum." [Accessed 2024-01-31]
Transparencia Venezuela. 2023-08-03. "Con pruebas que violan el debido proceso condenaron a sindicalistas." [Accessed 2024-02-20]
Transparencia Venezuela. 2022-02-14. "Empresas de las gobernaciones también son instrumentos para la corrupción." [Accessed 2024-02-20]
Transparencia Venezuela. N.d. "Quiénes somos." [Accessed 2024-02-23]
Transparency International. N.d. "About." [Accessed 2024-02-23]
United Nations (UN). 2023-09-18. Office of the High Commissioner for Human Rights (OHCHR). Report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. (A/HRC/54/57) [Accessed 2024-01-09]
United States (US). 2023-03-20. Department of State. "Venezuela." Country Reports on Human Rights Practices for 2022. [Accessed 2024-01-08]
Additional Sources Consulted
Oral sources: Assistant Professor at an American university whose research focuses on social movements in Latin American and Venezuelan politics; professor at an American university whose research focuses on Venezuelan Politics; professor at a Venezuelan university whose research focuses on Latin American history; senior investigator at InSight Crime; Washington Office on Latin America.
Internet sites, including: Al Jazeera; Amnesty International; Austrian Red Cross – ecoi.net; BBC; CNN; EU Agency for Asylum; Factiva; Human Rights Watch; Impacto Venezuela; Infobae; Insight Crime; Janes; La Patilla; North American Congress on Latin America; Observatorio Nacional de Derechos Humanos; PROVEA; US – CIA; Reuters; swissinfo.ch; Voice of America.