Concealed in language
that evokes respect for human rights, fundamental freedoms, peace,
and democracy, Venezuela's National Assembly has drafted a
draconian bill that would block foreign donations to local
non-governmental organizations (NGOs) and put such groups under
state control. For now, Venezuela's new International Cooperation
Law is a framework, but when filled in by President Hugo
Chávez, it will muzzle the few voices that still provide a
check on his creeping dictatorship.
The United States and
democratic allies in the Americas should protest such
constraints on basic freedoms of expression and association
and press Venezuela to rescind the law. They should also promote
action in the Organization of American States (OAS) to clarify the
legitimate role of independent civic organizations and foreign
donations that support them. Finally, because Venezuela has abused
its people's civil liberties, they should oppose its bid for a
rotating seat on the United Nations Security
Council.
Cues from Uzbekistan
and Russia. Hugo Chávez is
not the only leader eager to rein in labor unions, political
parties, universities, business groups, rights monitors, and
special-issue advocates that might challenge his
anti-democratic grip on power. Beginning in 2003, the Uzbek
parliament reformed laws on NGOs and public foundations,
requiring them to pass donations directly to government-controlled
banks where authorities could monitor and withhold disbursement. As
a result, over 80 percent of foreign grants to Uzbekistan's
NGOs have been blocked, according to the U.S. Agency for
International Development.
Worried by the central
role that NGOs played in defending individual freedoms in Georgia,
Ukraine, and Kyrgyzstan, Russian President Vladimir Putin signed a
comprehensive NGO law in May 2006 to increase oversight of
activities and monitor foreign funds reaching Russian civic
organizations. Heritage Foundation Russia expert Yevgeny Volk
reports that rights monitors now fear that this will smother
Russian NGOs in red tape, endless reports, checkups, and
increased operating costs-all without risking negative publicity by
banning them outright.
Chutes and
Ladders. On June 13, 2006,
Venezuela's National Assembly-consisting almost entirely of
Chávez loyalists-approved a preliminary draft NGO law
that uses devices similar to those in Uzbek and Russian reforms.
Like Russia, Venezuela would require all local civic
organizations to register as legal entities before a new
regulatory body in addition to complying with existing civil
code and tax laws. Registered groups would also have to provide
detailed information on donations and donors.
As in Uzbekistan, the
Venezuelan government would monitor and control all international
contributions to civil society groups. Instead of using state
banks, Chávez would name a regulatory board to filter
donations. This "agency for international cooperation" would
have full discretion to issue or withhold funds based on vague
criteria. It could also give money to causes that donors never
intended to sponsor, including Chávez's support for radicals
in foreign countries. In fact, the agency would finally provide a
legal channel for such aid. Until now, Chávez had been
helping foreign political movements
largely off the books.
The law also requires
NGOs to provide information about activities and funding to
anyone who requests it. On the surface, that might seem like
a good way to keep NGOs accountable. However, it could become a
harassment mechanism, enabling Chávez's quasi-official
militant groups to flood independent think tanks and electoral
monitors with inquiries they would be forced to answer or else face
closure. Chávez has yet to announce further
details.
What Is at Stake. Venezuela has between 4,000 and
5,000 NGOs, including the president's own partisan support groups.
Although all activities should be known to the public and foreign
donations should be disclosed on annual tax statements, that is as far as it should go.
NGOs cannot educate voters, promote just institutions, conduct
advocacy for special-interest groups, and enrich public
discourse if regulatory bodies interfere with their donations
or limit their freedom to communicate.
Chávez already
insults and intimidates opponents, and media outlets
self-censor to keep their licenses from being revoked. Meanwhile, a
rubber-stamp National Assembly and crony courts block checks on
Chávez's caprices and whims. The president's new
"international cooperation agency" would add more weight to an
already stacked deck.
How to Support
Venezuelan Democrats. To defend Venezuela's
civil discourse and its citizens' rights to dissent, the United
States and its democratic allies in the Western Hemisphere
should:
-
Protest measures
that constrain basic freedoms of expression and
association, both in diplomatic contacts with Venezuelan officials
and in multilateral forums such as the OAS and the
U.N.
-
Urge private,
international human rights monitors to maintain scrutiny
in Venezuela,
despite increasing pressure from its government to
leave.
-
Promote an OAS
resolution that clarifies the role
of local civic organizations in maintaining space for free public
discourse in authoritarian societies and specifies the right to
receive domestic and foreign donations.
-
Inform
Venezuelan citizens of their rights and what they could
expect from public servants if their country was a full democracy.
International broadcasting to Venezuela should encourage the
poor to ask whether they are any better off than they were before
the Chávez regime as well as reveal losses to corruption and
transfers to political causes outside Venezuela.
-
Oppose
Venezuela's candidacy for a non-permanent seat on the U.N.
Security Council unless President
Chávez governs democratically, respects human rights,
and lives peaceably with neighboring countries.
Conclusion.
In his rush to
establish a police state in South America, Hugo Chávez
employs new tactics so fast that it is easy to let some slide, but
the international community must stand up to his attempts to stifle
discourse. This should be done to lend Venezuela's unions,
universities, think tanks, political parties, and rights monitors
courage, as well as to mark boundaries that no authority should
cross in trying to influence citizens' thoughts.
Stephen
Johnson is Senior Policy Analyst for Latin America
in the Douglas and Sarah Allison Center for Foreign Policy
Studies, a division of the Kathryn and Shelby Cullom Davis
Institute for International Studies, at The Heritage Foundation.
The author wishes to acknowledge Heritage intern Angelita
Ramírez's contribution to this report.Analyst for
International Economics in the Center for International Trade and
Economics, at The Heritage Foundation.