Venezuela: Situation and treatment of persons with diverse sexual orientation and gender identity and expression (SOGIE) by society and state authorities, including state protection and support services (2018–January 2021) [VEN200427.E]

Research Directorate, Immigration and Refugee Board of Canada

1. Legislation

According to a 2019 report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World), sexual acts between people of the same sex are not criminalized in Venezuela (ILGA World Mar. 2019, 186).

Article 21 of the Constitution of the Bolivarian Republic of Venezuela provides the following regarding discrimination:

All persons are equal before the law, and, consequently:

  1. No discrimination based on race, sex, creed or social standing shall be permitted, nor, in general, any discrimination with the intent or effect of nullifying or encroaching upon the recognition, enjoyment or exercise, on equal terms, of the rights and liberties of every individual.
  2. The law shall guarantee legal and administrative conditions such as to make equality before the law real and effective manner; shall adopt affirmative measures for the benefit of any group that is discriminated against, marginalized or vulnerable; shall protect in particular those persons who, because of any of the aforementioned circumstances, are in a manifestly weak position; and shall punish those who abuse or mistreat such persons. … (Venezuela 1999)

Although the Constitution provides equality to all persons, it does not prohibit discrimination on the basis of sexual orientation or gender identity (US 11 Mar. 2020, 32; Rights in Exile Programme n.d.). However, sources indicate that a ruling [Resolution No. 190 (LGBTI Network of Venezuela May 2015, 6)] of the Supreme Court (Tribunal Supremo de Justicia, TSJ) in 2008 interpreted article 21 as prohibiting discrimination on the grounds of sexual orientation (LGBTI Network of Venezuela May 2015, 6; Rights in Exile Programme n.d.). Sources further indicate that the ruling is "rarely" enforced (US 11 Mar. 2020, 32) or is "'very difficult to use'" as there are no procedures in place to execute it and public officials lack the training to do so (EU Aug. 2020, 122).

Article 77 of the Constitution provides the following: "[m]arriage, which is based on free consent and absolute equality of rights and obligations of the spouses, is protected. A stable de facto union between a man and a woman which meets the requirements established by law shall have the same effects as marriage" (Venezuela 1999). Article 44 of Venezuela's 1982 Civil Code (Código Civil de Venezuela) further provides the following:

[translation]

Marriage may only be entered into by one man and one woman. The Law does not recognize any marriage entered into in Venezuela other than that which is regulated by this Title, which is the sole marriage to produce legal effects, both with respect to individuals and to property. (Venezuela 1982)

In Venezuela, same-sex couples are not allowed to adopt (LGBTI Network of Venezuela May 2015, 7; Rights in Exile Programme n.d.). However, in 2016 the TSJ ordered the registration of a child with the last names of both his mothers (ILGA World Mar. 2019, 296; Venezuela Analysis 20 Dec. 2016), who in this case were Venezuelan women who married in Argentina, and upheld the rights of children of same-sex married couples under the Constitution (Venezuela Analysis 20 Dec. 2016).

A country of origin information report on Venezuela by the EU's European Asylum Support Office (EASO) indicates that people in the military who engage in sexual acts with persons of the same sex can be punished under the Organic Code of Military Justice (Código Orgánico de Justicia Militar) (EU Aug. 2020, 122). Article 565 of the Organic Code of Military Justice provides the following:

[translation]

Any officer who commits acts that dishonour him/her or diminish his/her dignity, or who permits such acts without attempting to prevent them by the means authorized by law, shall be punished with imprisonment of one to three years and dismissal from the Armed Forces.

The same penalty shall apply to any member of the Armed Forces who commits unnatural sexual acts. (Venezuela 1998)

The LGBT civil society organization Unión Afirmativa de Venezuela (UNAF) indicated to the EASO that this article is applied mostly to men and persons with HIV, [as men with HIV are assumed to be gay (EU Aug. 2020, 124)]; the roles of those being investigated would be "'gradually limited'" during the investigation, by being sent home or assigned to desk jobs, for example, "until they are [ultimately] dismissed" (EU Aug. 2020, 121, 123). According to anonymous sources interviewed for a country of origin information report on Venezuela by the Ministry of Foreign Affairs of the Netherlands, convictions under this article are rare and it is "mainly used" to demote gay people or persons living with HIV or have them removed from the military (Netherlands June 2020, 43).

In correspondence with the Research Directorate, the General Coordinator of the UNAF indicated that there are approximately 10 laws or pieces of legislation prohibiting discrimination of the basis of sexual orientation or gender identity and expression, but that "[t]he problem is that most of them are not enforced or they lack the mechanism for implementation" (General Coordinator 28 Jan. 2021).

2. State Protection

Sources indicate that members of the LGBT community usually do not report discrimination or acts of violence committed against them (Netherlands June 2020, 45; EU Aug. 2020, 127), as there is a general lack of confidence in the rule of law in Venezuela (Netherlands June 2020, 45). A report by the UNAF notes that government-collected information is not broken down by sexual orientation and gender identity and expression, which makes it [translation] "impossible" to develop "inclusive" government policies (UNAF Dec. 2020, 3). The EASO report indicates that, according to civil society organizations, there are no "LGBT-specific protocols" to investigate crimes related to sexual orientation and gender identity (EU Aug. 2020, 128). The Dutch report adds that

[m]embers of the LGBTI community can file a complaint in the event of discrimination or other abuses against them, but there is no system within the legal profession or the public prosecution service for taking up and handling such complaints properly, according to a confidential source. It depends on the case. If you know the right people or have enough money to pay a good lawyer, it is more likely that your complaint will be taken seriously, according to the confidential source. (Netherlands June 2020, 44-45)

The EASO report further states the following:

[UNAF] indicated [that] LGBT persons can file complaints for discrimination and violence committed against them with the Public Ministry, the Office of the Ombudsperson or the police … [UNAF] indicated that in most cases the burden of the proof lies [with] the LGBT person, and when they try to file a complaint, they are sent from government institution to government institution until the victims desis[t]. The same source indicated that in cases of complaints against a government official or a government agency, these complaints are delayed by authorities until the term of the statute of limitations expires so these authorities do not rule against the government.

Fundación Reflejos de Venezuela indicated that there is no consistency in the registration of complaints across institutions, and when LGBT persons and organisations file a police report, they look for a particular official who they know is sympathetic to LGBT person. (EU Aug. 2020, 127)

US Department of State's Country Reports on Human Rights Practices for 2019 indicates that, according to leading advocates, authorities often did not "properly investigate" crimes against members of the LGBTI community to determine whether the crimes were motivated by bias (US 11 Mar. 2020, 32). The General Coordinator of the UNAF indicated that one request regarding the right to identity has been awaiting a response since 2004, while other cases related to SOGIE and sex characteristics issues have been "pending" since 2015 (General Coordinator 28 Jan. 2021). The same source added that "[m]ost cases of hate crimes are unsolved and criminals are not prosecuted" (General Coordinator 28 Jan. 2021). The EASO report indicates that, according to civil society organizations,

[i]nstitutions seldom investigate cases of discrimination or violation of the rights of LGBT persons because LGBT persons are considered a 'minority', particularly LGBT persons with little economic or political influence. Crimes committed against LGBT persons are deemed by authorities as 'crimes of passion' (crímenes pasionales), the result of 'settling of scores' (ajustes de cuentas), or that the LGBT persons 'had it coming'. Complaints made before the Office of the Ombudsperson do not advance. It is more effective to make complaints on social media. (EU Aug. 2020, 128)

3. Treatment of People of Diverse SOGIE
3.1 Treatment by Society

According to sources, societal attitudes towards sexual minorities depend on different factors such as geographical area (General Coordinator 28 Jan. 2021; EU Aug. 2020, 125) and religious beliefs (EU Aug. 2020, 125). Sources indicate that, according to NGOs, violent incidents have occurred against members of the LGBT community in Venezuela, with transgender persons as the main targets of such violence (US 21 July 2020, 4; EU Aug. 2020, 125) as well as "persons with intersex conditions, and 'feminised gays'. … [L]esbians have been subjected to 'corrective rape' in neighbourhoods. Transgender persons have been victims of human trafficking rings for sexual exploitation" (EU Aug. 2020, 125). According to the information collected in the EASO report from the UNAF and the civil society organization AC Venezuela Igualitaria, which provides training and raises awareness on sexual orientation and gender identity, "[i]t is difficult to know the situation of LGBT persons in Venezuela, including targeted violence, because there are no reliable statistics, unless they are reported by the media" (EU Aug. 2020, 122, 125). The General Coordinator indicated that it is difficult to track cases of violence committed against sexual minorities as most media outlets are "directed" by the government (General Coordinator 28 Jan. 2021). The same source added that "[t]he problem in Venezuela is that there is no official information on hate crimes," adding that the most recent data is from May 2017, when Citizen Action Against AIDS (Acción Ciudadana contra el SIDA, ACCSI) published its latest report (General Coordinator 28 Jan. 2021).

The EASO report on Venezuela cites a survey conducted in August 2019 by Tamara Adrián, a lawyer, professor and activist as well as the first transgender person elected to office in Venezuela (Vital Voices Global Partnership n.d.), on the socioeconomic conditions of LGBT persons in Venezuela and abroad; the survey, which had a sample size of 686 respondents (306 in Venezuela and 302 abroad), indicated that

discrimination against LGBT persons in Venezuela is due to the lack of public policies that promote equality and against discrimination and violence, particularly at the school, workplace, household and public spaces. The Adrián survey provided the following overall percentages of LGBT persons experiencing discrimination and verbal harassment: gay men (72 %), lesbians (68 %), bisexuals (55 %), trans women (75 %), and trans men (93 %). … The Adrián survey indicated that 70 % of lesbians, 69 % of gays, 52 % of bisexuals, 100 % of trans women, and 86 % of trans men experienced discrimination in public spaces.

They also face restrictions in accessing the CLAP food boxes [1] as persons in charge of delivering them have discretion [regarding] who gets the food boxes [according to AC Venezuela Igualitaria]. In Caracas there is a governmental LGBT office that provides the food boxes in exchange of obtaining the Carnet de la Patria [Homeland Card] and participating in pro-government rallies. In addition to the food boxes, the bonuses offered by the government are not distributed to same-sex unions because they are not recognised by the state, and trans persons do not receive the CLAP because their gender does not match the one indicated in their identity cards [according to the human rights organization Fundación Reflejos de Venezuela]. The Adrián survey indicated that 17 % of lesbians, 6 % of gays, and 3 % [of] bisexuals are not provided with the food boxes because they are in a same-sex union, and that 20 % of trans women and 43 % of trans men do not received the food boxes because of their gender identity. (EU Aug. 2020, 123-124)

An article by Reuters similarly indicates that, according to the General Coordinator of the UNAF, same-sex couples do not count as a family for the government food box program and are therefore excluded (Reuters 4 Feb. 2019).

According to information obtained by EASO from Fundación Reflejos de Venezuela, "between 75 and 80 % of discrimination [against members of the LGBT community] occurs at home due to social, cultural and religious practices" (EU Aug. 2020, 125, 129). The results of the survey by Adrián found that respondents reported experiencing discrimination and verbal harassment at home at the following rates:

  Discrimination Verbal Harassment
Lesbians 60 percent 58 percent
Gays 51 percent 40 percent
Bisexuals 65 percent 58 percent
Transgender women 50 percent 50 percent
Transgender men 86 percent 71 percent

(EU Aug. 2020, 125)

The same survey found that 100 percent of Venezuelan trans women living abroad had been "expelled" from their homes in Venezuela; for trans men, the equivalent statistic was 33 percent (EU Aug. 2020, 125).

3.2 Treatment by Authorities

According to sources, high-ranking officials have made "homophobic" statements (UN 15 Sept. 2020, para. 1968) or publicly used "discriminatory language" against LGBT persons "without consequences," despite the Constitutional Law Against Hate, for Peaceful Coexistence and Tolerance (Ley Constitucional contra el Odio, por la Convivencia Pacífica y la Tolerancia) which includes provisions related to hate on the grounds of sexual orientation (EU Aug. 2020, 123). The 2020 EASO report adds that, according to civil society organizations, this law has not been applied in cases related to LGBT people (EU Aug. 2020, 123).

Sources report that members of the LGBT community "usually" do not report discrimination or violence committed against them (Netherlands June 2020, 45; EU Aug. 2020, 127), as they are "frequently" revictimized and may be ridiculed or mistreated by authorities (EU Aug. 2020, 127). The Dutch report further indicates that some police officers reportedly "take advantage of gaps in the law to harass or physically threaten people of different orientation and gender-diverse people" (Netherlands June 2020, 43). According to the findings of the UN Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela [2], the Mission documented "at least 18 cases, generally with multiple victims," in which police and security forces used "homophobic and sexist insults against both male and female individuals while perpetrating acts investigated by the Mission, including sexual violence," during home raids, arrests, interrogations and detention (UN 15 Sept. 2020, para. 1961, 1962). US Country Reports 2019 indicates that LGBTI people have allegedly been barred by police and private security forces from entering malls, public parks and recreational areas (US 11 Mar. 2020, 32).

Sources report that the Pride parade is financed by the government (EU Aug. 2020, 127; Literal: Latin American Voices 9 May 2018) and celebrated yearly in Venezuela (EU Aug. 2020, 127). According to the General Coordinator of the UNAF, there is an annual parade in Caracas and it is organized by activists employed by the government (General Coordinator 28 Jan. 2021). The same source added that parades have also taken place in other cities and that "there have been some incidents of violence by people outside and within the march" (General Coordinator 28 Jan. 2021).

3.3 Treatment of Transgender Persons

Article 146 of the Organic Law of the Civil Registry (Ley Orgánica de Registro Civil) states the following regarding official name changes:

[translation]

Any person may change his/her given name before the civil registry, one time only, when that name is degrading, subjects him/her to public scorn, violates his/her moral integrity, honour and reputation, or does not correspond to his/her gender, thereby affecting the free development of his/her personality.

In the case of a child, such change shall be made at the request of the father, mother or representative; if the child is an adolescent over fourteen years of age, he/she may personally request a change to his/her given name. Once he/she reaches the age of majority, he/she may again request a change of name one time only.

In the case of children and adolescents in foster care, a change of given name will not be permitted without prior judicial authorization.

The civil registrar shall proceed to process the change of given name by means of the correction procedure before the central administration. (Venezuela 2009)

However, sources from 2020 indicate that, despite the existence of this law, no transgender person has been able to modify their name in the civil registry (EU Aug. 2020, 123; Netherlands June 2020, 45). Media sources further state that transgender persons are not allowed to change their gender identity on official documents (BBC 4 July 2019; Reuters 4 Feb. 2019). US Country Reports 2019 indicates that, according to NGOs, the Maduro regime "systematically" prevented transgender and intersex persons from obtaining identity documents that are necessary to access and obtain education, employment, housing and health care, which as a result has "often led transgender and intersex persons to become victims of human trafficking or prostitution" (US 11 Mar. 2020, 32). The Dutch report explains the following:

The consequences of [authorities not approving legal name change requests] are that transgender people and transsexuals can be deprived of health care, government subsidies or the ability to purchase food. For example, supermarkets often ask for the customer's identity card. If the supermarket employee does not think that the customer is the same as the person on the card, he or she may refuse to serve the customer. Because they have an identity card that does not represent them, transsexuals and transgender people have difficulty finding work. Many of them are forced to work as prostitutes, according to a number of trans women on YouTube, a claim that is echoed by several other sources. (Netherlands June 2020, 45)

Media sources indicate that there has been a shortage of medications and hormone replacement treatments for transgender persons in Venezuela (BBC 4 July 2019; Caracas Chronicles 30 June 2019), with hormones "impossible" to find since 2018 (Caracas Chronicles 30 June 2019). With regards to the provision of healthcare services to transgender persons, Venezuelan civil society organizations indicated the following to EASO:

[T]ransgender persons are refused medical treatment, are sent from hospital to hospital, and are mistreated during physical examinations. Transgender persons also face difficulty accessing hormonal treatment and due to health care infrastructure in the country, most resort to self-medication or leave the country to access proper health care. (EU Aug. 2020, 125)

3.4 Treatment of People Living with HIV/AIDS

According to sources, five humanitarian workers from Azul Positivo, [an NGO that works on HIV prevention (UN 29 Jan. 2021)], were detained on 12 January 2021 by military authorities in the state of Zulia (UN 29 Jan. 2021; Amnesty International 19 Jan. 2021), in arrests that Amnesty International considers "politically motivated" (Amnesty International 19 Jan. 2021). An article from the Joint United Nations Programme on HIV/AIDS (UNAIDS) indicated that as of 29 January 2021 the five workers had yet to be released (UN 29 Jan. 2021).

The New Humanitarian, an independent non-profit news organization with a focus on humanitarian crises (The New Humanitarian n.d.), quotes a human rights defender from Acción Solidaria as stating that "'HIV tests for workers have been illegal for more than 20 years. Still, many workers are tested against their will and fired when the results are positive'" (The New Humanitarian 5 Nov. 2019). The same activist noted that in 2019 the NGO saw "'a considerable rise in the reports of labour discrimination'" (The New Humanitarian 5 Nov. 2019). The article adds that "antidiscrimination laws in medical and work environments are hardly ever enforced" (The New Humanitarian 5 Nov. 2019).

Human Rights Watch (HRW) reports that "Venezuela is the only country in the world where large numbers of individuals living with HIV have been forced to discontinue their treatment as a result of the lack of availability of antiretroviral (ARV) medicines" and that the Pan American Health Organization (PAHO) estimated in 2018 that 87 percent of "Venezuelans living with HIV registered by the government … were not receiving ARV treatment, though the actual number of people who need ARVs is unknown" (HRW 4 Apr. 2019, 4). According to Foreign Policy (FP) magazine, Venezuela stopped buying ARV drugs in 2017 (FP 28 Aug. 2019). Sources indicate that some drugs have been provided by non-government sources (FP 28 Aug. 2019; UN 14 Feb. 2019; The New Humanitarian 5 Nov. 2019), including through "'the support of UNAIDS, the Venezuela Network of Positive People and other strategic partners'" (UN 14 Feb. 2019). An article published by UNAIDS in February 2019 indicates there were "an estimated 62 000 people living with HIV in the country who started treatment but lack consistent access to antiretroviral medicines, according to the Venezuela Network of Positive People" and that " [h]ospitalization rates among people living with HIV have soared and there are an estimated 20 to 30 AIDS-related deaths every day" (UN 14 Feb. 2019). The 2019 article by the New Humanitarian, which describes the situation for HIV-positive people in Venezuela and access to antiretrovirals, cites "an unemployed 22-year-old nurse" as describing the healthcare system since 2016 as follows: "it was hostile, with acute shortages, poor medical attention, discrimination, and exposure. 'Some people don't want to get treatment because they are afraid to be mistreated or to be seen picking up the antiretrovirals,' he said" (The New Humanitarian 5 Nov. 2019). The same article adds that "[m]en fear being ostracized as gay, and women that they will be mistaken for sex workers" (The New Humanitarian 5 Nov. 2019).

The New Humanitarian also states that condoms "disappeared from the market in 2014. Pharmacies began restocking in 2016, but a box of three condoms now costs more than the monthly minimum wage" (The New Humanitarian 5 Nov. 2019). The BBC similarly reports that condoms have been "in very short supply" and "have become an unaffordable luxury for most" (BBC [31 Aug. 2018]).

4. Access to Employment, Housing and Healthcare

Sources indicate that discrimination against LGBT people exists in employment, education (EU Aug. 2020, 123-124; General Coordinator 28 Jan. 2021), healthcare services and housing (General Coordinator 28 Jan. 2021).

Article 21 of Venezuela's Organic Law on Work and Workers (Ley Orgánica del Trabajo, los Trabajadores y las Trabajadoras) provides the following regarding discrimination:

[translation]

Discriminatory practices are contrary to the principles of this Law. Any distinction, exclusion, preference or restriction in access and working conditions on the basis of race, sex, age, marital status, union membership, religion, political opinion, nationality, sexual orientation, disability or social origin that undermines the right to work due to violating the constitutional postulates is prohibited. The acts carried out by offenders shall be unlawful and punishable in accordance with the laws governing the matter. Special provisions issued to protect maternity, paternity and the family, as well as those aimed at the protection of children, adolescents, elderly persons and persons with disabilities shall not be considered discriminatory.

Job applications and individual employment contracts may not include clauses that violate the provisions of this article. No person may be discriminated against in their right to work for having a criminal record. (Venezuela 2012)

Information collected from civil society organizations in the EASO report indicates that employment discrimination "depends on the physical appearance of the LGBT person" (EU Aug. 2020, 124). AC Venezuela Igualitaria, cited in the EASO report, indicated that

"if the person is a masculinised gay or feminised lesbian, chances are that the person will not encounter problems obtaining employment. If the employer or colleagues find out but the person still 'continues to behave', the person [will] not encounter problems." (EU Aug. 2020, 124)

UNAF, interviewed by EASO, similarly indicated that "when that masculinity in lesbians and femininity in gays becomes visible, that's when rejection arises" (EU Aug. 2020, 124). According to the same source, this rejection manifests in workplaces as "jokes, comments, and not being assigned tasks" due to being seen as "'incapable'" (EU Aug. 2020, 124). AC Venezuela Igualitaria indicated to EASO that "LGBT persons whose physical appearance is different from their biological sex usually find informal, low-paid employment as street vendors, security agents, call centres and beauty shops" (EU Aug. 2020, 124).

Regarding access to housing, article 5(8) of the Law on the Regulation and Control of Housing Rentals (Ley para la Regularización y Control de los Arrendamientos de Vivienda) provides the following:

[translation]

Article 5. The ultimate goals of legal regulations and public policy on rentals shall be:

8. To prohibit discrimination and provide protection to those who are in a special situation of vulnerability or susceptible to being discriminated against due to sexual orientation, gender identity, ethnic origin, political or religious preference, economic status, marital status, age, social class, health, or physical condition, among others. (Venezuela 2011)

However, civil society organizations cited in the EASO report indicate that same-sex couples face difficulties in accessing housing and "have to" hide their relationship to gain access, adding that it is "difficult" to appeal the decisions made by landlords (EU Aug. 2020, 125).

5. Support Services

With regards to LGBT+ organizations, a Reuters' article reports that, according to Venezuelan members of the LGBT+ community, their community was affected by the economic and political situation, as funding for a number of LGBT+ rights NGOs has been reduced or stopped (Reuters 4 Feb. 2019). According to the Dutch report, "there were about forty organisations working on behalf of the LGBTI community in 2014. By early 2020, that number had been reduced to six" (Netherlands June 2020, 46). According to information provided by AC Venezuela Igualitaria to EASO, a division exists among LGBT organizations where "organisations that are perceived as chavistas feel stigmatised, and those who are perceived as being from the oppositio[n] feel they could be 'persecuted' by the government" (EU Aug. 2020, 126, italics in original). The EASO report further indicates the following:

According to the AC Venezuela Igualitaria representative, LGBT organisations "do not encounter challenges in their work. In the last years, they have become more visible in the media. When they set up demonstrations at the National Assembly or the TSJ, the GNB [Bolivarian National Guard (Guardia Nacional Bolivariana)] has treated them well". The same source indicated that violence against members of LGBT organisations "occur[s] more in particular cases rather than in a generalised way", including to low-profile activists. However, according to [UNAF], there is a duality among LGBT organisations in the sense that pro-government organisations are the ones that have more visibility, and there are other organisations that are "persecuted" not by the government but by government employees. LGBT organisations have been attacked, including by pro-government groups. Some examples of harm faced by LGBT organisations include intimidation of [their] members, aggressions at demonstrations, harassment, their [websites being] hacked, and [accusations] of being 'anti-imperialists' ('antiimperialistas'), 'peons of the US government' ('peones del gobierno estadounidense'), and 'fascists' ('fascistas'). (EU Aug. 2020, 126, italics in original)

The EASO report indicates that, according to the UNAF, the Ministry of Women and Gender Equality (Ministerio del Poder Popular para la Mujer y la Igualdad de Género) includes an office for LGBT persons, but that its activities are unknown (EU Aug. 2020, 128). According to the General Coordinator, the UNAF provides legal advice and psychological assistance in cases of discrimination (General Coordinator 28 Jan. 2021). Further information on support services, including those provided by the government, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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] The Local Committees for Supply and Production (Comités Locales de Abastecimiento y Producción, CLAP) were "created by the Maduro government in 2016 to distribute food boxes at subsidised prices" (BBC 26 July 2019). For further information on the CLAP, see Response to Information Request VEN106113 of May 2018.

[2] The UN Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela was created in 2019 by the UN Human Rights Council to conduct research into "'extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhumane or degrading treatment since 2014'" in Venezuela; the mission was not, however, able to carry out on-the-ground research (UN 15 Sept. 2020, para. 1, 6).

References

Amnesty International. 19 January 2021. "Venezuela: Amnesty International Names Five Members of Humanitarian NGO Azul Positivo Prisoners of Conscience." [Accessed 3 Feb. 2021]

British Broadcasting Corporation (BBC). 26 July 2019. "Venezuela Crisis: Vast Corruption Network in Food Programme, US Says." [Accessed 27 Jan. 2021]

British Broadcasting Corporation (BBC). 4 July 2019. Guillermo Olmo. "Venezuela's Transgender Community Fears Hormone Shortages." [Accessed 27 Jan. 2021]

British Broadcasting Corporation (BBC). [31 August 2018]. "Hyperinflation Is Affecting How Venezuelans Have Sex." [Accessed 3 Feb. 2021]

Caracas Chronicles. 30 June 2019. Gabriela Mesones Rojo. "The Trans Community Is the Invisible Face of the Crisis." [Accessed 27 Jan. 2021]

European Union (EU). August 2020. European Asylum Support Office (EASO). EASO Country of Origin Information Report. Venezuela: Country Focus. By James Restrepo. [Accessed 22 Jan. 2021]

Foreign Policy (FP). 28 August 2019. Patrick Ammerman. "Venezuela's HIV Crisis Crosses the Border." [Accessed 3 Feb. 2021]

General Coordinator, Unión Afirmativa de Venezuela (UNAF). 28 January 2021. Correspondence with the Research Directorate.

Human Rights Watch (HRW). 4 April 2019. Venezuela's Humanitarian Emergency: Large-Scale UN Response Needed to Address Health and Food Crises. [Accessed 3 Feb. 2021]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). March 2019. Lucas Ramón Mendos. State Sponsored Homophobia 2019. [Accessed 22 Jan. 2021]

LGBTI Network of Venezuela. May 2015. Human Rights Situation of Lesbian, Gays, Bisexual, Trans and Intersex Persons in Venezuela. [Accessed 21 Jan. 2021]

Literal: Latin American Voices. 9 May 2018. Brian Riedel. "Venezuela's Queer Future." [Accessed 27 Jan. 2021]

Netherlands. June 2020. Ministry of Foreign Affairs. General Country of Origin Information Report: Venezuela 2020. [Accessed 22 Jan. 2021]

The New Humanitarian. 5 November 2019. Gabriela Mesones Rojo. "Leave or Die. The Choice Confronting HIV-Positive Venezuelans. " [Accessed 3 Feb. 2021]

The New Humanitarian. N.d. "About Us." [Accessed 3 Feb. 2021]

Reuters. 4 February 2019. Hadley Stewart. "Living in Venezuela Now Is Hard. Being LGBT+ Makes it Harder." [Accessed 27 Jan. 2021]

Rights in Exile Programme. N.d. "Venezuela LGBTI Resources." [Accessed 21 Jan. 2021]

Unión Afirmativa de Venezuela (UNAF). December 2020. Quiteria Franco. Situación de los derechos humanos de las mujeres lesbianas, bisexuales y trans en Venezuela. [Accessed 2 Feb. 2021]

United Nations (UN). 29 January 2021. UNAIDS. "UNAIDS Calls for the Release of Five Humanitarian Workers Detained in the Bolivarian Republic of Venezuela." [Accessed 3 Feb. 2021]

United Nations (UN). 15 September 2020. Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. Detailed Findings of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. (A/HRC/45/CRP.11) [Accessed 2 Feb. 2021]

United Nations (UN). 14 February 2019. UNAIDS. "Taking Action Against HIV Medicine Stock-Outs in the Bolivarian Republic of Venezuela." [Accessed 3 Feb. 2021]

United States (US). 21 July 2020. Department of State, Overseas Security Advisory Council (OSAC). Venezuela 2020 Crime & Safety Report. [Accessed 22 Jan. 2021]

United States (US). 11 March 2020. Department of State. "Venezuela." Country Reports on Human Rights Practices for 2019. [Accessed 22 Jan. 2021]

Venezuela. 2012. Ley Orgánica del Trabajo, los Trabajadores y las Trabajadoras Venezuela. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 4 Feb. 2021]

Venezuela. 2011. Ley para la Regularización y Control de los Arrendamientos de Vivienda. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Jan. 2021]

Venezuela. 2009. Ley Orgánica de Registro Civil. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Jan. 2021]

Venezuela. 1999 (amended 2009). Constitución de la República Bolivariana de Venezuela (Constitution of the Bolivarian Republic of Venezuela). Translated by the Ministry of Communication and Information of the Bolivarian Republic of Venezuela. Amendment translated by Jefri Jay Ruchti. In World Constitutions Illustrated. Edited by Jefri Jay Ruchti. Buffalo, NY: William S. Hein & Co., Inc. [Accessed 21 Jan. 2021]

Venezuela. 1998. Código Orgánico de Justicia Militar. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Jan. 2021]

Venezuela. 1982. Código Civil de Venezuela. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada.[Accessed 21 Jan. 2021]

Venezuela Analysis. 20 December 2016. Lucas Koerner. "Venezuelan Supreme Court Upholds Rights of Same-Sex Families in Landmark Ruling." [Accessed 29 Jan. 2021]

Vital Voices Global Partnership. N.d. "Tamara Adrián." [Accessed 27 Jan. 2021]

Additional Sources Consulted

Oral sources: Acción Ciudadana Contra el SIDA; AC Venezuela Igualitaria; Alianza Lambda de Venezuela; Fundación Reflejos de Venezuela; LGBT activist and professor of law at a university in Venezuela; Red LGBTI de Venezuela.

Internet sites, including: ecoi.net; Factiva; Freedom House; UN – Refworld; US – CIA.

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