1.  The Bolivarian Republic of Venezuela (hereinafter, Venezuela) is a federal, presidential, constitutional Republic, with a codified Constitution last sanctioned in 1999 under the government of Hugo Chávez and amended in 2009. The Constitution defines Venezuela as a ‘Democratic and Social State of Law and Justice’, which holds democracy, social responsibility, and the pre-eminence of human rights as superior values of its legal order.⁴ Despite this definition, several authors have classified Venezuela as either an authoritarian or dictatorial regime,⁵ and the Polity Series now ranks Venezuela as a closed anocracy.⁶ In May 2017, President Maduro convened a constituent assembly through Decree No 2830 to draft a new constitutional text, whose election was condemned by the opposition and several foreign governments.⁷ The assembly was established in August 2017 and eventually disbanded in December 2020, without proposing a draft constitution.

2.  As far as political division is concerned, the Constitution provides that Venezuela is a decentralized federal State with three levels of government: municipal, state, and national.⁸ There are 23 states in Venezuela, together with the capital district, two federal territories, and 72 federal dependencies.⁹ The city of Caracas is the capital of the Republic and the seat of the organs of national power.¹⁰

3.  As explained in Part II.C below, since public health measures have been monopolized by the national executive following the declaration of a ‘state of exception’, this report will only focus on measures dictated and implemented at the national level. This stems from the fact that subnational entities have not participated in the decision-making process, and were only in charge of the implementation of the decrees and resolutions of the national executive. As such, public health measures decided at the national level have been applied to the entirety of the Venezuelan national territory.

4.  When it comes to the division of powers at the national level, the 1999 Constitution converted Venezuela’s three-branch system of government (executive, legislative, and judicial) into a five-branch system: legislative, executive, judicial, citizen, and electoral.¹¹ Pursuant to the Constitution, each of the branches has its own functions, but the organs in charge of the same shall cooperate with one another.

5.  The legislative branch corresponds to the National Assembly, a unicameral body made up of deputies elected in each of the federal entities, with proportional representation.¹² Pursuant to the Constitution, the National Assembly has a broad competence to legislate,¹³ and may remove the Executive Vice-President and/or Cabinet Ministers from office by a three-fifths majority.¹⁴ The National Assembly has no similar power with respect to the President of the Republic. In practice, the exercise of this power would require broad political support. According to reports from Human Rights Watch, the National Assembly remained Venezuela’s only democratically elected institution in 2020.¹⁵ As of May 2022, the National Assembly is controlled by the United Socialist Party of Venezuela (PSUV) and supports the Government.

6.  The executive power is exercised by the President of the Republic, the Executive Vice-President, and the Cabinet Ministers. As a presidential Republic, the President is both the Head of State and Government of Venezuela.¹⁶ Pursuant to the Constitution, the President is allowed to issue executive orders having the force of law, and to declare states of exception ordering the restriction of constitutional rights,¹⁷ which will be further explained in Part II below. The President may dissolve the National Assembly after a third successful removal of an Executive Vice-President from office during the same presidential term.¹⁸ This power may not be exercised during the final year of the National Assembly’s constitutional term.¹⁹

7.  Within the executive power, the main body in charge of the health policy is the Ministry of the People’s Power for Health (MPPS). As an administrative unit of the national executive, the MPPS is subordinated to the President. The MPPS essentially aims to implement and comply with the Constitution, international human rights treaties covering the right to health, and the Organic Health Law. More generally, the MPPS is also the governing and planning body of the Venezuelan health system, which is constituted of both public and private institutions operating at all three levels (national, state, and municipal).²⁰ As such, the MPPS has been charged with the regulation, supervision, and coordination of all health institutions in Venezuela.²¹ Other relevant institutions include the National Institute of Hygiene, responsible for the prevention, monitoring, and control of infectious diseases,²² and the Autonomous Service of Sanitary Controllership (SACS), in charge of the surveillance of all health services, pharmaceuticals, and food products,²³ and the Venezuelan Institute of Social Insurance (IVSS), relevant for the implementation of the Covid-19 vaccination plan.

8.  The judicial power is headed by the Supreme Tribunal of Justice (STJ), currently consisting of six chambers—constitutional, political/administrative, electoral, civil, criminal, and social—and a total of 20 justices. The Constitution grants the Constitutional Division the exclusive power to declare the nullity of laws and other acts of Government which may be incompatible with constitutional guarantees.²⁴ Despite these constitutional provisions, and according to Human Rights Watch, the judiciary stopped functioning as an independent branch of Government when former President Hugo Chávez and supporters in the National Assembly took over the STJ in 2004. STJ justices have openly rejected the separation of powers and have consistently upheld abusive policies and practices.²⁵ In 2021, the World Justice Project index, which measures justice free from improper government influence, ranked Venezuela 139 out of 139 countries, suggesting judicial co-option by the Government.²⁶

9.  The citizen power corresponds to the Republican Ethics Council which, in turn, is composed of the Attorney General’s Office, the Public Defender of Venezuela (or Ombudsman), and the Comptroller-General of the Republic. These organs are primarily charged with promoting compliance with the Constitution and respect for human rights in the public administration. In particular, the Republican Ethics Council is charged with punishing acts that ‘undermine public ethics and administrative morals’ or that counter the ‘sound management and legality in the use of public property’, and may impose penalties to any public official or employee that is in breach of its legal duties.²⁷ The Council is also in charge of pre-selecting candidates for the STJ.²⁸

10.  Finally, the electoral power is exercised by the National Electoral Council as governing body, and has the main functions of organizing electoral processes, regulating electoral legislation, and ‘guarantee[ing] the equality, reliability, impartiality, transparency and efficiency of electoral processes.’²⁹

11.  In each of the 23 states, the executive power is exercised by a governor, while the legislative power is exercised by a legislative council.³⁰ Each state also has a comptroller’s office, but they do not exercise judicial or electoral powers.³¹ Similarly, the executive power of a municipality is exercised by a mayor elected for a period of four years and subject to reelection, while the legislative power is exercised by a council. Municipalities also have their own office of the municipal comptroller, but they do not exercise judicial or electoral powers.³²

12.  As a matter of law, the management of all aspects of a pandemic is not a competence that belongs exclusively to the national Government, since health is a concurrent competence. This implies that the bodies and administrative units responsible for health policy in Venezuela are distributed among all three levels of public power. Accordingly, each level of government has the responsibility to handle certain aspects of the crisis, including enforcement of statutory provisions and resource allocation. Health is also a service that can be provided by the private sector through clinics, laboratories, and other care facilities that are authorized, supervised, and regulated by the MPPS and the local ministries. As explained in Part II.C below, and despite concurrent competences, Covid-19 response measures have been monopolized by the national executive following the declaration of a ‘state of exception’.

13.  The Constitution allows the President to decree states of exception, which justify derogating from certain fundamental rights—a constitutional tool that was used by President Maduro to respond to the Covid-19 health crisis. Article 337 of the Constitution expressly defines a state of exception (estado de excepción) as ‘[c]ircumstances of a social, economic, political, natural or ecological nature that seriously affect the security of the Nation, of the institutions and of the citizens, in the face of which the available powers to cope with such events are deemed insufficient.’³³ In such circumstances, constitutional rights may be temporarily restricted, with the exception of the right to life, the prohibition of incommunicado detention or torture, the right to due process, the right to information and ‘other intangible human rights.’³⁴ Governors and mayors are not allowed to declare a state of exception, and must abide by the decrees of the President.

14.  Pursuant to Article 338 of the Constitution, states of exception may be classified into three different types: state of alarm (estado de alarma), state of emergency (estado de emergencia), and state of internal or external commotion (estado de conmoción interior o exterior). This report will focus on the first, since it was the constitutional framework utilized by President Maduro to respond to Covid-19. The Constitution allows declaring a ‘state of alarm’ in the face of ‘catastrophes, public calamities or other similar events’ that seriously endanger the security of the Nation or its citizens. Such state of exception shall last for up to 30 days, and may be extended for an additional 30 days upon approval of the National Assembly.³⁵

15.  The Constitution mandates that the decree declaring a state of exception be submitted within eight days of promulgation for consideration and approval by the National Assembly and the STJ, although it does not dictate a timeframe for such approval. Additionally, the Constitution also expressly indicates that the decree be in accordance with the requirements, principles, and guarantees established in the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR).³⁶

16.  As far as international law is concerned, Venezuela can be classified as a ‘monist’ system when it comes to human rights treaties and conventions, insofar as such instruments are considered an integral part of Venezuelan law that must be applied, and complied with, by all organs of the State. Article 23 of the Constitution unequivocally provides that the human rights treaties and conventions ratified by Venezuela ‘have constitutional hierarchy and prevail in the internal order … and are of immediate and direct application by the courts and other organs of the Public Power.’³⁷ This is particularly relevant to the discussion on Covid-19 response insofar as Venezuela is party to the ICCPR, which regulates the restrictions upon, or derogations from, fundamental rights. Indeed, Article 4 of the ICCPR allows a State Party to unilaterally and temporarily derogate from part of its obligations under the Covenant, subject to a specific procedure and regime of safeguards. Since ratifying the treaty in 1978, Venezuela has officially derogated from the ICCPR eight times, the last time being in 1999.³⁸ However, ever since the Covid-19 outbreak in 2020, Venezuela has not officially notified the Secretary-General of the United Nations of its decision to derogate from the rights enshrined in the ICCPR as a way to respond to the pandemic. The provisions of the ICCPR have, thus, formally remained fully applicable in Venezuela. As referenced in the Venezuelan Constitution, Article 27 of the ACHR also contains provisions on suspension of guarantees. However, these will not be analyzed in this report, owing to the fact that Venezuela denounced the ACHR on 10 September 2012 and was no longer a State Party to the Convention by the time of the Covid-19 outbreak.³⁹

17.  The primary health measures in Venezuela relied on Law No 32 on States of Exception, enacted in 2001, which regulates states of exception in their different forms. According to the norm, states of exception can only be declared in the face of extremely serious, objective situations that render the ordinary means available to the State insufficient. Pursuant to Article 4 of the Law, any state of exception must be proportional to the situation in terms of gravity, nature, and scope, and must also be limited in time. Article 7 of the Law complements the Constitution by including other rights which cannot be restricted: the rights to family; equality; citizenship; personal integrity; freedom of thought; freedom of conscience and religion; and certain political rights.⁴⁰ Law No 32 further clarifies that the National Assembly must approve the decree that declares the state of exception within the next 48 hours of publication. The decree shall be deemed approved if, due to unforeseeable circumstances or force majeure, the National Assembly could not meet within the eight days following its publication. The law also specifies that the STJ must review the constitutionality of the decree within ten days.⁴¹

18.  Venezuela’s Organic Health Law, enacted in 1998, also contains provisions on dealing with health crises and has been of great importance in the Covid-19 response. Article 11 of the Law explicitly indicates that the MPPS has the authority to dictate ‘health policies and extraordinary plans for emergency situations’, which includes the enactment of preventive measures.⁴² Additionally, the same article provides that, in the face of a health emergency or risk of epidemic, the Ministry will be in charge of managing all public health authorities, health care establishments, as well as social assistance and environmental sanitation programs throughout the Republic.⁴³

19.  No other law covering emergency procedures to respond to the Covid-19 pandemic has been enacted by the National Assembly.

20.  In Venezuela, the Covid-19 pandemic has been managed, in its entirety, through decrees or other types of administrative provisions from the executive power. As mentioned, the National Assembly has not enacted any law concerning responses to the outbreak. In particular, two are the most salient provisions in this regard: Decree No 4,160, in which President Maduro declared a national state of exception, and Resolution No 090, in which the MPPS established the ‘health regulations for social responsibility in the face of the pandemic’, regulating certain aspects of the presidential decree.

21.  Making use of the powers conferred by Article 337 of the Constitution, on 13 March 2020, President Maduro declared a national state of exception and alarm through Decree No 4,160.⁴⁴ The measure was enacted the same day on which the first two Covid-19 cases in Venezuela were confirmed and was explicitly based on the World Health Organization’s classification of Covid-19 as a global pandemic. The Decree expressly indicated that the pandemic was an ‘exceptional, extraordinary, and conjunctural’ circumstance that motivated the declaration of state of exception and alarm, and it was ultimately aimed at ‘protecting and guaranteeing the rights to life, health, food, security and all other rights claimed for Venezuelan men and women by the Bolivarian Revolution.’⁴⁵ The measure authorized the national executive (including the President and the National Cabinet) to adopt all urgent, effective, and necessary measures for the protection and preservation of health in Venezuela. Articles 2, 3, and 5 of the Decree provided that the measures taken within the framework of the Decree would be mandatory for all authorities exercising public power (that is, for all powers at the national, state, and municipal levels) and for all citizens.⁴⁶ The executive order also included a series of measures to respond to the public health emergency ( explained in detail in Part IV below) and created a Presidential Commission for the Prevention and Control of Covid-19 in charge of coordinating their implementation.⁴⁷

22.  Decree No 4,160 did not comply with the aforementioned constitutional framework. As previously explained, both Article 338 of the Constitution and Law No 32 on States of Exception indicate that a state of alarm shall last for up to 30 days, and may only be extended for an additional 30 days. However, the state of alarm was extended more than ten times through subsequent decrees. In March 2021, the STJ concluded that the twelfth extension of the measure had to be deemed constitutional, as it responded to the need to ‘protect the Venezuelan people and institutions.’⁴⁸ Both the Constitution and Law No 32 also mandate that a decree declaring a state of exception be approved by the National Assembly and the STJ. Even if deemed constitutional by the STJ, neither Decree No 4,160 nor its extensions were approved by the National Assembly.

23.  It should be noted that, from 2016 to 2021, Venezuela maintained an ongoing state of exception and state of economic emergency pursuant to Article 338 of the Constitution, originally established through Decree No 2,184⁴⁹ and renewed by more than thirty subsequent decrees. These decrees, rejected by the National Assembly and deemed constitutional by the STJ,⁵⁰ have been considered instrumental to President Maduro’s strategy to overrule the National Assembly, controlled by the opposition, absorbing powers that belonged to the legislature.⁵¹ This means that the Venezuelan institutions operated within a declared state of exception from 2016 until early 2021, and the decrees issued as a result of Covid-19 only added to an already existing state of affairs.

24.  In turn, Resolution No 090 of 1 June 2020, issued by the MPPS, establishes the ‘health regulations for social responsibility in the face of the pandemic’, with the declared aim of mitigating and eradicating the spread of the virus in Venezuela.⁵² This resolution expands on the health measures that must be respected by the general population to prevent the spread of Covid-19, including measures to be taken in the workplace and special guidelines for treating symptomatic patients (such measures are explained in Part IV.A below).

25.  As far as guidance is concerned, the MPPS has been the main body in charge of generating ‘soft law’ guidance for the implementation of all public health measures. In particular, the MPPS has produced specific guides for therapeutic treatment of Covid-19 patients and contacts.⁵³ This specific guidance from the MPPS is not mandatory for all health institutions but must be adjusted on a case-by-case basis, following the clinical evaluation and characteristics of each patient. Other soft law documents issued by the MPPS include guidance on commonly used medicines and recommendations for the use of traditional medicines in the context of Covid-19, including homeopathy and heliotherapy.⁵⁴

26.  Article 338 of the Constitution and Law No 32 on States of Exception mandate that the decree declaring a state of exception shall be submitted within eight days of promulgation for consideration and approval by the National Assembly. This is supposed to be the main mechanism for the Venezuelan legislature to control the temporary restrictions on human rights imposed by the executive.

27.  Still, as mentioned in Part II.B above, President Maduro has used declarations of state of alarm and state of emergency to take over constitutional powers reserved to the legislative and avoid supervision and control by the National Assembly. President Maduro especially avoided submitting the decrees to the National Assembly for their approval, as provided by law, which were only sent to the STJ for their review. As explained in Part I, the STJ has consistently upheld President Maduro’s policies, and these decrees are no exception. This strategy has only recently been abandoned by the Maduro administration, owing to the fact that the PSUV has regained control of legislature.

28.  In the context of the pandemic, the National Assembly held parliamentary sittings virtually in application of its internal rules of procedure and debates. Likewise, all the parliamentary committees continued functioning through virtual sessions. The digital platforms allowed verification of the quorum through digital signatures.⁵⁵ On 16 March 2021, following the triumph of the governing party in the 2020 legislative elections, the National Assembly approved a work system to accommodate the ‘intermittent quarantine’, requiring deputies to conduct sessions biweekly, to avoid the spread of the virus.⁵⁶ According to the official media, this system will not impede deputies from working remotely through virtual sessions.⁵⁷

29.  In Venezuela, the measures adopted to respond to the pandemic have affected access to justice and interrupted the normal functioning of courts, both formally and informally.

30.  Decree No 4,160 called on the Supreme Tribunal of Justice to take into account the pertinent normative provisions to regulate the effect that the state of exception would have on all judicial proceedings in Venezuela.⁵⁸ Through Resolutions No 001-2020, 002-2020, 003-2020, 004-2020, 005-2020, 006-2020, and 007-2020, the Supreme Tribunal of Justice prohibited courts from processing cases and suspended judicial deadlines for seven months, from March to September 2020. Only urgent cases (ie amparos or constitutional appeals) were exempt from this provision. The ban was only relaxed on 1 October 2020, through Resolution No 008-2020, which resolved that courts would only be allowed to carry out their ordinary tasks during the weeks of ‘flexible quarantine’, as decreed by the national executive.⁵⁹

31.  Civil society organizations have also pointed out many irregularities with regards to access to justice and the right to a fair trial following the promulgation of Decree No 4,160. For instance, the most recent thematic report published by the Human Rights Observatory of the Universidad de Los Andes (Venezuela) reports on the different limitations, ineffectiveness, and irregularities attributable to the national judiciary between October 2020 and February 2021. ⁶⁰ According to the report, during the period analyzed, the functioning of the Venezuelan judiciary was characterized by unreasonable periods of time taken to respond or act on requests; non-compliance with prevention and biosecurity measures against Covid-19 in offices and face-to-face care centres; the impossibility of remote work due to the deficient or non-existent use of digital services; judicial precincts that restricted lawyers’ access to courts; and other violations of due process.

32.  Regarding the role of courts in supervising declarations of states of exception and states of alarm, the STJ has the power to approve the President’s declaration of a state of exception pursuant to Article 339 of the Constitution. As mentioned in Part II.C above, the STJ has repeatedly ruled that President Maduro’s decrees declaring a state of alarm and a state of exception were constitutional.

33.  Elections in Venezuela were not disrupted as a result of the Covid-19 pandemic. Despite the state of exception, Venezuela’s 2020 parliamentary elections were held on 6 December 2020. Civil society organizations have highlighted certain irregularities in the electoral process, particularly the STJ’s appointment of new members to the National Electoral Council, despite the fact that this power rests with the National Assembly pursuant to Article 296 of the Constitution.⁶¹ Additionally, at least seven political parties were under judicial intervention at the time of the election.⁶² Elections were not subject to additional protective measures or modified procedures.⁶³ As a result of the electoral process, 277 deputies were elected for the Fifth Legislature, which started operating on 5 January 2021 and will cease on 5 January 2026.

34.  Neither Decree No 4,106 nor Resolution No 090 include an express mention of a necessity for the Government to follow scientific advice.

35.  However, Article 30 of Decree No 4,106 established the ‘Presidential Commission for the Prevention and Control of Covid-19’ integrated by, inter alia, the MPPS and the Minister of People’s Power for Science and Technology (MPPCyT), in charge of advising the President on the implementation of all measures adopted in the context of the state of exception and alarm.

36.  On 16 April 2020, the MPPS and the MPPCyT issued a joint resolution establishing that all research related to Covid-19 ‘will be oriented for the benefit of the population to be able to overcome the global crisis’, also highlighting that all results must be made available to the relevant ministries ‘for their analysis and application’.⁶⁴ Additionally, according to the official information provided by the MPPS, the ‘soft law’ guidance produced by this Ministry is constantly reviewed and updated on the basis of new scientific evidence and experiences in Venezuela and foreign countries in Europe and Latin America.⁶⁵

37.  According to civil society organizations, President Maduro’s state of alarm exacerbated existing violations of freedom of expression and information in Venezuela. Prior to the enactment of Decree No 4,160 (see Part II.C above), the national executive had already sought to control all the information concerning the Covid-19 disease, persecuting individuals who reported on the situation in the country. For instance, the Governor of the State of Zulia—Omar Prieto—threatened State health workers that had publicly alerted the public about the possible presence of a case in the city Maracaibo.⁶⁶ Additionally, Human Rights Watch investigations have revealed that the Venezuelan authorities have harassed, detained, and prosecuted political opponents, including journalists who sought to publish critical information, health workers who questioned the handling of the pandemic by the authorities, and human rights lawyers who provided legal support to protesters protesting the lack of water or medicines. Security forces’ agents have also confiscated cell phones and laptops from journalists, who have been forced to delete photographs or video recordings.⁶⁷ In numerous cases reported since the beginning of the state of exception, people who have shared or published information on social networks either questioning public officials or criticizing public health policies have been accused of hate speech or even of committing a crime.⁶⁸

38.  Following reports by civil society organizations, acts of intimidation in the context of the Covid-19 pandemic have included espionage or monitoring of journalists, journalists being detained without a court order, or assaults on journalists during the performance of their duties. In turn, acts of censorship have included official deletions or prohibitions, confiscated editions, restricted broadcasting, dismissal of journalists as a result of political pressure, and denial of visas.⁶⁹

39.  Despite being the main organ of Venezuelan citizen power, the Public Defender of Venezuela (or Ombudsman) has not played a crucial role in overseeing the actions of the executive power in the context of the pandemic. When it comes to health policy, and following official sources, the Ombudsman has only been charged with coordinating health measures to prevent the spread of the virus at the binational border between Venezuela and Colombia, in collaboration with the Ombudsman’s Office of the Republic of Colombia.⁷⁰

40.  The Venezuelan approach to the pandemic can roughly be categorized in three chronological stages. During a first phase that started in early March 2020, severe restrictions on general mobility and the closure of most facilities were ordered throughout the national territory, without participation or consultation with the states or municipalities. These subnational entities were obliged to implement and comply with the measures. A second stage, beginning at the end of June 2020, brought slight relaxations, particularly the adoption of the ‘7x7’ method or intermittent quarantines. Again, these measures were ordered by the national executive without consultation of the subnational entities. A third stage, with new restrictions due to rising infection cases and new Covid-19 variants began in March 2021, and strict quarantine measures and the closure of shops were reinstated. By 10 June 2021, Venezuela was experiencing intermittent quarantines and closures of shops. Educational facilities were closed from the first phase of the Covid-19 response until 25 October 2021.

41.  In Venezuela, restrictions on individual mobility were decided at the national level. Pursuant to Article 7 of Decree No 4,160, the President was allowed to order restrictions on movement in certain areas or geographic zones, as well as on the entry or exit to such areas, if necessary to prevent or contain the spread of Covid-19.⁷¹ Making use of this rule, on 15 March 2020, President Maduro ordered a mandatory, strict quarantine in seven states, including the city of Caracas. Two days later, on 17 March 2020, the Presidency announced the extension of strict ‘social quarantine’ to the entirety of the national territory.⁷² Expressly following the quarantine model applied in China at the time,⁷³ the measure entailed that everyone had to stay at home, with limited exceptions for health, safety, and food distribution workers.⁷⁴ The measure was not relaxed until June 2020, when the so-called 7x7 method—or biweekly quarantine—was put in place. This method consisted of seven days of stay-at-home orders and seven days of flexibilization, allowing in-person work, requiring strict compliance with other preventive measures like social distancing. Quarantine measures in this first phase were abandoned in December 2021. Still, strict quarantine measures were reinstated in March 2021, following the surge in Covid-19 cases, and the 7x7 method was again adopted from June until November 2021.⁷⁵ On January 2022, President Maduro clarified that Venezuela would not be returning to the 7x7 method until further notice.⁷⁶

42.  In Venezuela, restrictions on international and internal travel were decided at the national level. Pursuant to Article 15 of Decree No 4,160, the Venezuelan national executive was authorized to suspend flights to or from Venezuelan territory for the time it deemed appropriate, in the face of any risk of spread of the virus through passengers or goods.⁷⁷ The decree authorized the Ministry of the People’s Power for Transportation (MPPT) to dictate and implement such measures, in compliance with international civil aviation law. Following this rule, on 17 March 2020, the National Institute of Civil Aeronautics (INAC)—subordinated to the MPPT—restricted all domestic or international, general or commercial aviation in the country, with the exception of cargo and mail operations.⁷⁸ The measure remained in place for eight months and was only progressively relaxed on November 2020.⁷⁹ Due to the surge in Covid-19 cases, INAC again restricted domestic and international aviation on 18 May 2021, except for flights to Bolivia, Mexico, Turkey, Panama, and the Dominican Republic.⁸⁰ Restrictions for international travel remained in place until January 2022.⁸¹

43.  In Resolution No 090 of 1 June 2020,⁸² the MPPS regulated the biosecurity measures to be adopted at airports, ports, and border crossings. Pursuant to Article 6 of the Resolution, any individual entering Venezuelan territory, regardless of their country of origin, is subject to mandatory testing and strict quarantine for 14 days.

44.  In Venezuela, limitations on public and private gatherings were decided at the national level. Article 12 of Decree No 4,160 prohibited all public social gatherings and events throughout the national territory, with the exception of cultural, sports, and entertainment activities aimed at the ‘distraction and recreation’ of the population, provided that they were performed on an individual basis.⁸³ Private gatherings were prohibited whenever quarantines and stay-at-home orders were in place.⁸⁴ In the context of relaxations of measures or the so-called ‘7x7’ method, private gatherings in closed environments were permitted in groups of up to ten people, with a minimum distance of 1.5 metres between the attendees.⁸⁵

45.  In Venezuela, the closure of premises and facilities was ordered at the national level through Article 12 of Decree No 4,160. The text of the Decree explicitly included, in a non-exhaustive list, ‘cafes, restaurants, taverns, bars, ice cream parlours, theatres, cinemas, auditoriums, conference rooms, concert halls, showrooms, party rooms, banquet halls, casinos, playgrounds, amusement parks, water parks, fairs, zoos, sport courts, stadiums and other facilities for sporting events with public capacity of any kind.’⁸⁶ Such prohibition remained in place for seven months, until October 2020, when restaurants, cafes, and shops were incorporated into the 7x7 method and were allowed to reopen their doors to the public, with a 40% maximum capacity.⁸⁷

46.  Article 14 of Decree No 4,160 explicitly mandated the closure of ‘parks of any type, beaches and spas, public or private.’⁸⁸ As with shops and restaurants, this prohibition remained in place for seven months, until October 2020.⁸⁹

47.  Regarding schools, Article 11 of Decree No 4,160 ordered the suspension of all school and academic activities throughout the national territory as of 16 March 2020, in order to protect the health of children and adolescents, as well as the wellbeing of all the teaching, academic, and administrative personnel of educational establishments.⁹⁰ As in other countries, the Venezuelan authorities opted for online education and broadcasting of prerecorded classes on the State-owned television channel. However, these alternatives were strongly criticized by civil society organizations, owing to the poor internet service in Venezuela and the weak educational content of the lessons offered.⁹¹ According to UNESCO, Venezuela was one of the six countries of the American continent and of the 33 in the world that continuously kept schools totally closed as a measure to respond to the pandemic.⁹² Schools were only allowed to reopen for in-person teaching on 25 October 2021, following the 7x7 method.⁹³

48.  In Venezuela, rules on physical distancing were imposed at the national level. ‘Hard law’ rules on physical distancing were only laid down in June 2020, through MPPS Resolution No 090. The Resolution currently dictates that the entire population must observe social distancing of at least 1.5 meters in public, where possible, in the workplace, and during meetings or other types of private gatherings. Likewise, the Resolution indicates that the population should avoid physical contact during greetings, particularly kissing, hugging, and shaking hands, and instructs people to ‘[l]earn and practice new forms of greeting without physical contact.’⁹⁴

49.  In Venezuela, the use of face coverings and protective equipment has been regulated at the national level. Decree No 4,160 specifically mandated the use of masks covering the mouth and nose in certain circumstances. Pursuant to the Article 10 of the Decree, use of masks was made mandatory in all types of public transportation by land, air, or sea; in air, land, and sea terminals; in public spaces that—owing to the nature of the activities held therein—must host a considerable number of people, as long as said activity was not suspended by Articles 11–14 of the Decree; in clinics, hospitals, doctors’ offices, laboratories, and other health establishments; in supermarkets; and in other closed spaces not described in the decree. In particular, Decree No 4,160 charged security forces with the enforcement of this measure.⁹⁵

50.  Additionally, Resolution No 090 currently mandates the use of face coverings ‘for any transfer that takes place outside [of the personal] residence unit.’⁹⁶ For the general population, Resolution No 090 recommends reusable cloth masks, specifying that they should be washed and ironed daily to guarantee their effectiveness. The Resolution indicates that health personnel directly exposed to suspected and confirmed Covid-19 patients ‘should always use an N95 disposable mask.’⁹⁷

51.  Concerning protective equipment, Resolution No 090 indicates that health personnel in direct contact with suspected or confirmed Covid-19 patients must, in addition to the use of a mask, wear gloves, a cap, eye protection, and a disposable gown. Waterproof biosafety suits must also be worn in intensive care units.⁹⁸

52.  In Venezuela, the isolation of confirmed and suspected cases has been decided at the national level. Decree No 4,160 lays down the rules concerning treatment of infected individuals and suspected cases. Pursuant to Article 23 of the Decree, both suspected and confirmed Covid-19 cases must remain in quarantine and in isolation until a test (PCR or antigen) verifies that ‘they no longer represent a risk for the spread of the virus, even when they present mild symptoms.’⁹⁹

53.  Additionally, Article 24 of the Decree dictates that those individuals who have been in close contact with either a suspected or confirmed Covid-19 case must also remain in isolation for two weeks. According to the Decree, this would include individuals who have travelled in any type of ship, aircraft, or vehicle with a confirmed or suspected Covid-19 case; individuals who have lived in the same building with a confirmed Covid-19 case within 14 days following the appearance of the first symptoms; or, more generally, whoever is identified and notified by the MPPS as a possible carrier of Covid-19.¹⁰⁰

54.  Finally, Article 26 of the Decree clarifies that isolation in these cases is mandatory, and explicitly authorizes the health authorities and security forces to take ‘all the necessary provisions’ to ensure that whoever refuses to comply voluntarily is either retained in medical facilities or transferred to other authorized places.¹⁰¹

55.  Venezuela has used two types of tests for the diagnosis of Covid-19: Polymerase Chain Reaction tests (PCR) and rapid tests.¹⁰² While the national executive is in charge of processing the number of cases, the state and municipal authorities are in charge of carrying out the PCR and serological tests and delivering the results to the National Institute of Hygiene in Caracas. This results in a backlog of samples and a delay in the delivery of results.

56.  Testing has not been sufficient in Venezuela: from March to May 2020, Venezuela carried out 574.19 tests per million inhabitants while, according to World Health Organization standards, it should have carried out at least 10,000 tests per million inhabitants.¹⁰³ As previously explained, per Decree No 4,106 and Resolution No 090, testing is mandatory for those entering Venezuelan territory and for those who qualify as a suspected Covid-19 case.

57.  Covid-19 vaccination in Venezuela is decided exclusively by the national executive. To date, the Government does not have a detailed, official vaccination plan. Accordingly, the vaccination scheme may only be inferred from declarations and press releases issued by the Government. Pursuant to these statements, priority was initially afforded to medical personnel, social workers, and security forces, starting from February 2021.¹⁰⁴ Adults aged 60 and older were given priority at a later stage, starting from April 2021.¹⁰⁵ On 22 February 2022, President Maduro asserted that ‘102.6%’ of Venezuelan citizens over 18 years of age had received the full vaccination scheme thanks to the help of allied nations like Russia, China, and Cuba.¹⁰⁶ Certainly, this impossible percentage speaks to the general inability to access accurate information on vaccination and impedes establishing the real progress of Covid-19 vaccination in Venezuela. According to statements from the Venezuelan Medical Federation, at the current pace, the immunization process in Venezuela will be complete in approximately 10 years.¹⁰⁷

58.  Concerning vaccine supply, Venezuela originally procured Sputnik V vaccines directly from the Russian Federation. On March 2021, the National Assembly approved the use of funds for the acquisition of 12 million vaccines, including AstraZeneca vaccines, through the COVAX mechanism.¹⁰⁸ However, such acquisition was originally rejected by the national executive, on the grounds of the alleged risks posed by the AstraZeneca vaccine.¹⁰⁹ At the time, the national executive chose to continue procuring vaccines directly from China, Russia, and Cuba.¹¹⁰ Eventually, Venezuela began to receive Sinovac vaccines through the COVAX mechanism on 7 September 2021.¹¹¹ As of June 2022, Venezuela has only administered Sputnik V, Sinopharm, Sinovac, and Abdala vaccines.

59.  In the case of adults aged 60 and older, registration for a vaccine was initially only available for holders of the ‘Carnet de la Patria’ or Homeland Card,¹¹² a Venezuelan identity document created in 2016 by the Government.¹¹³ The Homeland Card has been criticized for being a possible method of social control and vote buying during several elections. The MPPS only extended registration on 29 May 2021, when it enabled online registration available to those who do not have a national card.¹¹⁴

60.  In Venezuela, participation in contact tracing procedures is mandatory at the national level. Pursuant to Article 27 of Decree No 4,160, all suspected and confirmed Covid-19 cases, as well as the individuals included in Article 24 of the Decree, are obliged to provide all relevant information that may be necessary to determine the form of contagion and the risks of having spread the virus. Accordingly, the Decree specifically charged the MPPS with preparing standardized questionnaires. The Article clarifies that any information provided may only be used for tracing purposes, or for the execution of other measures provided in Decree No 4,160. The Decree prohibits disclosing or using personal information in administrative or judicial proceedings, excluding ‘Covid-19 control procedures.’¹¹⁵

61.  Neither Decree No 4,160 nor Resolution No 090 contain statutory provisions concerning measures to be taken in care facilities for the elderly. Resolution No 090 only indicates that every citizen in Venezuela must ‘[p]rotect the vulnerable population, that is, adults over 65 years of age’ and that ‘[t]hese will have the special care and protection of the Venezuelan State, remaining in quarantine, under the conditions of special flexibility that are instructed.’¹¹⁶ However, the press has indicated that, in some facilities, all invitations and visits from family and friends have been suspended due to the risks posed by the pandemic.¹¹⁷

62.  Decree No 4,106 charged the police, the military, and the security forces with the enforcement of all health measures provided therein, and any additional measures issued by the national executive. The Decree also indicated that the executive power at the state and municipal levels should provide their support for the measures implemented by the national executives and issue the respective protocols, under the coordination of the national executive.¹¹⁸ Additionally, Resolution No 090 provides that the municipal authorities will be responsible for supervising compliance with the hygiene and epidemiological care regulations.¹¹⁹ In particular, the Bolivarian National Guard has been actively involved in enforcing compliance with the measures.¹²⁰

63.  No reliable information on general compliance with public health measures was found. By June 2020, the press was casting doubt on general compliance with the measures ordered by President Maduro.¹²¹ CNN reported that some citizens distrusted the measures as they were considered a new way of population control by President Maduro.¹²² External sources also suggest that mobility was not greatly affected by the measures. Certainly, data provided by Google reveals that population mobility decreased in the first weeks of quarantine, but gradually increased after that.¹²³ Additionally, according to information gathered by Amnesty International, despite border closures and restrictions on freedom of movement, the number of Venezuelans fleeing the country continued to rise, using unofficial border crossings, reaching 6 million by the end of 2021.¹²⁴

64.  Concerning social protection measures, during the Covid-19 pandemic, the Government resorted to social assistance in the form of direct cash transfers, ordered and implemented by the National Executive through administrative acts, without the participation of subnational units. Though exacerbated by the economic impact of the pandemic, these measures form part of a broader governmental strategy of seeking public support with cash bonuses and other giveaways.¹²⁵ Social actors have not played any significant role in the formulation of these measures.

65.  In Venezuela, several cash transfers were offered during the Covid-19 pandemic in the form of bonuses. These measures complemented the existing cash-based social assistance programs in Venezuela, and were ordered and administered by the National Executive through administrative acts.

66.  All bonuses were implemented at the national level, but the allocation of payments was done on a random basis through the Patria Platform. Beneficiaries received a notification through said platform or a text message to their mobile phones. While the main eligibility criterion was to be registered in the Patria Platform, no further information on eligibility or the total number beneficiaries was provided by the Government. In all cases, the Government recommended using the cash transfers to pay for gasoline, invest in government securities, pay bills, or send funds to third parties.¹²⁶

67.  Bonuses offered during the Covid-19 pandemic include:

• •  ‘Disciplina y Solidaridad’ Bonus (20 March–29 March 2020): consisting of a cash transfer of VES 350,000 to informal workers.¹²⁷ The minimum wage for this period was VES 250,000 per month.¹²⁸

• •  ‘Semana Santa 2020’ Bonus (13 April–15 April 2020): consisting of a one-off cash transfer of VES 350,000. The measure was intended to reach 9 million beneficiaries,¹²⁹ although no information on the final number of beneficiaries was provided. The minimum wage for this period was VES 250,000 per month.¹³⁰

• •  ‘Salud y Vida’ Bonus (22 April–30 April 2020): consisting of VES 350,000 delivered to the most vulnerable.¹³¹ The minimum wage for this period was VES 250,000 per month.¹³²

• •  ‘Día del Trabajador’ Bonus (15 May 2020): consisting of a one-off cash transfer of VES 400,000.¹³³ The minimum wage for this period was VES 400,000 per month.¹³⁴

• •  ‘Disciplina y Conciencia’ Bonus: (28 May–4 June 2020): consisting of a one-off cash transfer of VES 500.000.¹³⁵ The minimum wage for this period was VES 400,000 per month.¹³⁶

• •  ‘Normalidad Relativa’ Bonus (12 June–19 June 2020): consisting of a one-off cash transfer of VES 600,000. The measure was aimed at helping the most vulnerable and those most affected by Covid-19, although no further information on the total number of beneficiaries was given. The minimum wage for this period was VES 400,000 per month.¹³⁷

• •  ‘100% Escolaridad’ Bonus (20 June 2020 and 21 August 2020): an extension of an existing program implemented at the national level, aimed at helping integrate children and adolescents into the educational system during the pandemic. Consisting of VES 1,300,000. Parents or legal representatives were required to register on the Government’s website. The aid only reached students in the initial, elementary, and high school programs,¹³⁸ although no further information on the total number of beneficiaries was given. The minimum wage for this period was VES 400,000 per month.¹³⁹

• •  ‘Victoria de Carabobo’ Bonus (24 June–3 July 2020): consisting of a one-off cash transfer of VES 635,000 aimed at both commemorating the heroic deeds of the battle of Carabobo and helping those affected by the Covid-19 pandemic.¹⁴⁰ The minimum wage for this period was VES 400,000 per month.¹⁴¹

• •  ‘Cuidar y Cuidarse’ Bonus (14 July–18 July 2020): consisting of a one-off cash transfer of VES 900,000. This was the twelfth social protection bonus that was delivered to the population during quarantine.¹⁴² The minimum wage for this period was VES 400,000 per month.¹⁴³

• •  ‘#QuédateEnCasa’ Bonus (monthly, starting March 2020): bonus for both independent and dependent workers in the public and private sectors, aimed at counteracting the economic impacts of the Covid-19 pandemic. To be eligible, independent workers were required to register as such in the Patria Platform, while dependent workers were registered in the same platform through their employers.¹⁴⁴ The amount of the bonus varied each month, and was delivered periodically starting in March 2020 (with a value of VES 350,000) until the last announced transfer for employees of the private sector in April 2021 (with a value of 4,000,000).¹⁴⁵ The minimum wage for this period went from VES 250,000 per month (March 2020) to VES 1,800,000 (April 2021).¹⁴⁶ The measure was initially intended to reach four million independent workers and two million dependent workers in the private sector, although no further information on the final number of beneficiaries was given.¹⁴⁷

• •  ‘Conciencia y Responsabilidad’ Bonus (10 August–20 August 2020): consisting of a one-off cash transfer of VES 1,200,000.¹⁴⁸ The minimum wage for this period was of VES 400,000 per month.¹⁴⁹

• •  ‘Unidos por la Vida’ Bonus (September 2020): consisting of a one-off cash transfer of VES 1,690,000.¹⁵⁰ The minimum wage for this period was VES 400,000 per month.¹⁵¹

• •  ‘Disciplina y Voluntad’ Bonus (9 September–19 September 2020): implemented to respond to the Covid-19 pandemic, consisting of VES 1,560,000 destined to the most affected by the economic crisis.¹⁵² The minimum wage for this period was VES 400,000 per month.¹⁵³

• •  ‘Venezuela Decidió Cuidarse’ Bonus (15 October–20 October 2020): consisting of a one-off cash transfer of VES 1,950,000.¹⁵⁴ The minimum wage for this period was VES 400,000 per month.¹⁵⁵

• •  ‘7+7 Perfecto’ Bonus (26 October–31 October 2020): targeted to the most vulnerable and aimed at adapting to the so-called ‘7x7’ method. It consisted of a one-off cash transfer of VES 464,291.48.¹⁵⁶ The minimum wage for this period was VES 400,000 per month.¹⁵⁷

• •  ‘Amor por Venezuela’ Bonus (16 November–21 November 2020): consisting of a one-off cash transfer of VES 3,120,000 to each beneficiary.¹⁵⁸ The minimum wage for this period was VES 1,200,000 per month.¹⁵⁹

• •  ‘Conciencia y Prevención’ Bonus (23 November–30 November 2020): consisting of one-off cash transfer of VES 3,380,000.¹⁶⁰ The minimum wage for this period was of VES 1,200,000 per month.¹⁶¹

• •  ‘Navidades Felices y Seguras’ Bonus (11 December 2020): consisting of a one-off cash transfer of VES 4,680,000 to each beneficiary.¹⁶² The minimum wage for this period was VES 1,200,000 per month.¹⁶³

• •  ‘Felicidades Venezuela’ Bonus (21 December–31 December 2020): consisting of a one-off cash transfer of VES 5,070,000.¹⁶⁴ The minimum wage for this period was VES 1,200,000 per month.¹⁶⁵

• •  ‘Reyes 2021’ Bonus (6 January–15 January 2021): consisting of a one-off cash transfer of VES 500,000.¹⁶⁶ The minimum wage for this period was VES 1,200,000 per month.¹⁶⁷

• •  ‘4to Aniversario del Carnet de la Patria’ Bonus (21 January–31 January 2021): to celebrate the anniversary of the Patria Platform, consisting of a one-off cash transfer of VES 5,600,000.¹⁶⁸ The minimum wage for this period was VES 1,200,000 per month.¹⁶⁹

• •  ‘Carnival’ Bonus (13 February–20 February 2021): to complement the ‘7x7’ method during the carnival season, consisting of a one-off cash transfer of VES 6,210,000.¹⁷⁰ The minimum wage for this period was VES 1,200,000 per month.¹⁷¹

• •  ‘Amor y Lealtad’ Bonus (23 February–28 February 2021): to provide social protection in response to the Covid-19 pandemic, consisting of a one-off cash transfer of VES 6,670,000.¹⁷² The minimum wage for this period was VES 1,200,000 per month.¹⁷³

• •  ‘Juan Germán Roscio’ Bonus (12 March–20 March 2021): to provide social protection in response to the Covid-19 pandemic, consisting of a one-off cash transfer of VES 6,210,000.¹⁷⁴ The minimum wage for this period was VES 1,800,000 per month.¹⁷⁵

• •  ‘Semana Santa en cuarentena’ Bonus (25 March–31 March 2021): an extension of the previous ‘Semana Santa’ bonus consisting of a cash-off transfer of VES 700,000, aimed at halting the advance of the second wave and to control cases of the Gamma Covid-19 variant.¹⁷⁶ The minimum wage for this period was VES 1,800,000 per month.¹⁷⁷

• •  ‘Cuarentena Radical’ Bonus (April 2021): to aid four million informal workers registered on the Patria Platform, in the context of a quarantine adopted to control cases of the Gamma Covid-19 variant.¹⁷⁸ It consisted of a cash-off transfer of VES 15,100,000.¹⁷⁹ The minimum wage for this period was VES 1,800,000 per month.¹⁸⁰

• •  ‘Cuidado y Prevención’ Bonus (16 April–23 April 2021): to provide social protection in response to the Covid-19 pandemic, consisting of a one-off cash transfer of VES 6,800,000.¹⁸¹ The minimum wage for this period was VES 1,800,000 per month.¹⁸²

• •  ‘18 Aniversario Misión Barrio Adentro’ Bonus (23 April–30 April 2021): to commemorate the anniversary of a social protection program, consisting of a one-off cash transfer of VES 7,330,000.¹⁸³ The minimum wage for this period was VES 1,800,000 per month.¹⁸⁴

• •  ‘Pueblo Trabajador 2021’ Bonus (17 May–22 May 2021): to provide aid to families registered on the Patria Platform, consisting of a one-off cash transfer of VES 7,000,000.¹⁸⁵ The minimum wage for this period was VES 7,000,000 per month.¹⁸⁶

• •  ‘Conciencia y Unión’ Bonus (24 May–31 May 2021): to aid families affected by the Covid-19 pandemic, consisting of a one-off cash transfer of VES 7,160,000.¹⁸⁷ The minimum wage for this period was VES 7,000,000 per month.¹⁸⁸

• •  ‘Venezuela se vacuna’ Bonus (7 September–15 September 2021): to foster Covid-19 vaccination,¹⁸⁹ consisting of a one-off cash transfer of VES 9,020,000.¹⁹⁰ The minimum wage for this period was VES 7,000,000 per month.¹⁹¹

• •  ‘Venezuela se cuida’ Bonus (17 September–24 September 2021): to foster the adoption of measures to prevent Covid-19 infection in the context of the vaccination campaign and the ‘7x7’ method.¹⁹² It consisted of a one-off cash transfer of VES 9,020,000.¹⁹³ The minimum wage for this period was VES 7,000,000 per month.¹⁹⁴

• •  ‘Cuidados y Disciplina’ Bonus (5 November–13 November 2021): to foster the adoption of measures to prevent Covid-19 infection during the holiday season, consisting of a one-off cash transfer of VED 11.¹⁹⁵ The minimum wage for this period was VED 7 per month.¹⁹⁶

• •  ‘Recreación y Prevención’ Bonus (23 August–31 August 2022): to foster recreational activities and Covid-19 vaccination,¹⁹⁷ consisting of a one-off cash transfer of VED 23.10. The minimum wage for this period was VED 130 per month.¹⁹⁸

• •  ‘Regreso a Clases’ bonus (22 September–30 September 2022): to foster prevention of Covid-19 infection in the context of in-person schooling, consisting of a one-off cash transfer of VED 31.20.¹⁹⁹ The minimum wage for this period was VED 130 per month.²⁰⁰

68.  The Government also provided in-kind assistance at the national level during the pandemic. On 23 March 2020, the National Executive issued Decree Nº 4,169 whereby it instituted rental payment deferrals and suspension of evictions throughout the national territory until 1 September 2020.²⁰¹ The measure was applicable to property used both as primary residence and for commercial purposes, with the exception of commercial premises that were excluded from closures per Decree Nº 4,160.²⁰² The measure for rental payments was subsequently renewed by Decrees Nº 4,279²⁰³ and Nº 4,577,²⁰⁴ and remained in force until 7 October 2021. Lessees were not required to immediately pay the full amount of accrued rent and other payments at the end of the suspension term, despite owing the accumulated payments during the measure’s effective period. The measure only allowed the parties to agree on restructuring or refinancing parameters.²⁰⁵

69.  Social insurance schemes in Venezuela include (i) economic allowances for older adults with no contributive capacity; (ii) allowances for people with special needs or special family burdens; (iii) compensation for involuntary loss of employment or absence from work due to illness, accidents, maternity, and paternity; (iv) old age or retirement pensions; and (v) pensions for permanent disability, widowhood, and orphanhood.²⁰⁶ These schemes were not subject to legal or regulatory changes during the pandemic. There is no relevant information to be reported beyond the measures covered in Part V.A.1 above and Part V.B.2 below.

70.  The National Executive issued Decree Nº 4.166 on 17 March 2020, ²⁰⁷ exempting the import of certain products from the payment of value added tax (VAT), import tax, customs duties, and any other applicable tax or rate for the period of one year. The MPPS was authorized to extend the exemption to include other goods if deemed necessary to prevent the spread of Covid-19.²⁰⁸ On 29 December 2022, Decree Nº 4.758 extended the duration of this exemption for another year.²⁰⁹

71.  Additionally, on 2 April 2020, the National Executive issued Decree Nº 4.171,²¹⁰ whereby it exempted certain individuals from the payment of the 2019 income tax. The exemption was made available to individuals whose normal salary or income did not exceed an amount equal to three times the annual minimum wage (at the rate effective on 31 December 2019).²¹¹ On 18 January 2021, the Government introduced an income tax relief for 2020, available to those whose normal salary or income did not exceed the amount equivalent to five times the minimum wage (at the rate effective on 31 December 2020).²¹²

72.  Finally, on 26 August 2020, the National Executive announced that new small and medium enterprises (understood as those whose sales do not exceed PTR 400) would be exempt from registration taxes and fees for six months.²¹³ This measure was extended until 31 December 2021.²¹⁴

73.  During the Covid-19 pandemic, employment protection measures in Venezuela focused on protecting employees, with a lack of measures aimed at supporting employers affected by the public health measures adopted in the country. Statutory and contractual labour rights remained unmodified. The Government issued decrees to reaffirm existing labour market regulations aimed at preventing job losses. All measures were ordered and implemented by the National Executive through decrees, without the participation of subnational units. Social actors have not played any significant role in the formulation of these measures.

74.  There has been a lack of measures to provide economic support to employers during the Covid-19 pandemic, beyond the bonuses covered in Part V.A.1 and tax relief initiatives covered in Part V.A.3.

75.  Under Venezuelan law, Article 87 of the Organic Labour Law establishes protection from dismissal without just cause for most workers, namely (i) all workers hired for an indefinite period of time; (ii) those hired for a specified time period, insofar as the term established in the contract has not expired; and (iii) those hired for a specific work, insofar as said obligation had not been completed (‘estabilidad laboral’).²¹⁵ Since the year 2000, and pursuant to Article 94 of the Organic Labour Law, the National Executive has repeatedly issued decrees establishing that, for a dismissal to be legal, employers need to obtain prior approval of the Labour Inspector, who is to certify the existence of a just cause (‘inamovibilidad laboral’).²¹⁶ Before the pandemic, the National Executive had issued Decree N° 3,708,²¹⁷ which established this heightened protection from dismissal until 28 December 2020. Pursuant to these legal instruments, if a worker were to be dismissed without a just cause certified by the Labour Inspector, they would have the right to report the issue to the Labour Inspector and request their reinstatement and payment of lost wages, as well as the other benefits not received during the time of dismissal.²¹⁸

76.  On 23 March 2020, and pursuant to Article 94 of the Organic Labour Law, the National Executive issued Decree Nº 4,167²¹⁹ ratifying the heightened protection from dismissal for all workers in the private and public sector governed by Article 87 of the Organic Labour Law until 31 December 2020. Decree Nº 4,167 merely extended the protection from dismissal established by previous decrees. As a result, employers were prohibited from firing, impairing, or transferring workers without a just cause approved by the Labour Inspector until 31 December 2020.²²⁰ This heightened protection from dismissal was renewed by Decrees N° 4,414²²¹ and N° 4,753²²² and will be in force until 31 December 2024.

77.  There is no relevant information to be reported beyond the bonuses for independent and dependent workers covered in Part V.A.1 above and the worker protection for dependent workers covered in Part V.B.2 above.

78.  There have not been any changes to health and safety laws to meet the particular situation of the Covid-19 pandemic. However, MPPS Resolution Nº 090 contains regulations on hygiene and safety at work.²²³ For instance, in accordance with the Resolution, work units must be periodically cleaned at least twice per working day, with soap and water or 0.1% hypochlorite solutions.²²⁴

79.  There is no relevant information to be reported.

80.  There is no relevant information to be reported.

81.  There is no relevant information to be reported.

82.  Both international organizations and civil society have alleged that the public health measures adopted by the National Executive in response to the Covid-19 pandemic were used as an excuse to incrementally restrict civil liberties and intensify their control over the population.

83.  First, different types of persecution and arbitrary detentions by Venezuelan officials have been documented during the Covid-19 pandemic. As early as 29 March 2020, the Inter-American Commission on Human Rights (IACHR) denounced an atmosphere of persecution and harassment targeting healthcare professionals and anyone protesting over the lack of equipment and supplies to provide Covid-19 quality care.²²⁵ On 15 July 2020, the IACHR similarly expressed concern over acts of harassment and stigmatizing speech against human rights defenders in Venezuela, observing that at least 11 defenders had allegedly been victims of persecution since the beginning of the pandemic, and at least 5 had allegedly been arbitrarily detained, including one individual detained while he was overseeing deliveries of facemasks on behalf of his organization.²²⁶ Both the United Nations independent international fact-finding mission on Venezuela and Human Rights Watch later alleged that Venezuelan authorities had arbitrarily detained journalists, healthcare workers, human rights lawyers, and political opponents who criticized the Government during the pandemic.²²⁷ A local non-governmental organization (NGO) documented at least ninety arrests from March 2020 to January 2021 for Covid-19 media coverage, of which 40 per cent were journalists and reporters.²²⁸

84.  Second, media and NGOs alleged that the Government limited the freedom of movement of opposition leaders and journalists during quarantines and lockdown.²²⁹ NGOs reported that government armed forces had allegedly utilized public health measures as a premise to solicit bribes from citizens at checkpoints.²³⁰ International bodies similarly denounced restrictions to the right to international freedom of movement. On 16 May 2020, the IACHR expressed concern for the situation of Venezuelans who were forced to leave their transit and host countries and return to Venezuela as a result of the pandemic, noting that Government officials in Venezuela were limiting the number of nationals allowed to enter the country.²³¹ On 22 December 2020, the Commission reiterated these concerns.²³²

85.  Third, different violations to the rights of freedom of association, information, and expression were alleged. The IACHR denounced that the Covid-19 pandemic had aggravated the situation of social, political, and economic crisis, leading to an increase in citizen protests throughout the country during 2020, at an average of 25 protests per day.²³³ According to Human Rights Watch, authorities used the state of emergency implemented in response to the Covid-19 pandemic to disperse demonstrations and criminally charge individuals sharing or publishing information on social media.²³⁴ The IACHR similarly denounced that, far from dispelling rumours and generating certainty, the Government increased uncertainty in the face of the dissemination of misleading information on Covid-19 and its impact by high-level authorities.²³⁵ It was reported that, by September 2020, the Government had blocked 40 websites and online platforms that contained information regarding Covid-19.²³⁶ United Nations officials under the purview of the Office for the Coordination of Humanitarian Affairs reportedly worked to counter misinformation during the first months of the pandemic.²³⁷

86.  There has been a lack of measures to protect privacy beyond those covered in Part IV.A.9 above.

87.  It has been alleged that enrolment in the Patria Platform, which was necessary to be eligible to receive the cash transfers covered in Part V.A.1 above, provided the Government with the means to monitor citizens’ social, political, and economic behaviour during the pandemic.²³⁸ There is no official information in response to this allegation.

88.  Neither Decree Nº 4,106 nor Resolution Nº 090 establish specific measures to address the situation of women during the Covid-19 pandemic. Yet, on 16 December 2021, the National Assembly sanctioned a reform to the Organic Law on the Rights of Women to a Life Free of Violence as part of an effort to counteract violence against women in the country,²³⁹ a structural problem in Venezuelan society.²⁴⁰ The amended law criminalizes 19 forms of gender-based violence, including: physical, psychological, and economic violence; domestic violence; violence in the workplace; and institutional violence, to name a few. The law also orders the creation of courts for violence against women in Caracas and in each state capital.²⁴¹

89.  During the pandemic, civil society organizations alleged that violence against women increased significantly. Still, the main obstacle to documenting and addressing this issue effectively was the Government's lack of official figures or data on the matter.²⁴² For instance, it was alleged that, in the State of Táchira, there was a significant increase in domestic violence complaints during the initial quarantine period, given that public officials received more than forty complaints between 4 April and 9 April 2020.²⁴³ Similarly, in the same State, civil society organizations alleged the emergence of de facto unions between adult men and girls and adolescents from 11 to 14 years old, who were subjected to domestic violence.²⁴⁴ The NGO Woman Your Voice Has Power reported a 52 per cent increase in domestic violence during 2020, while the NGO Utopix documented 217 femicides and an atmosphere of impunity for domestic abusers.²⁴⁵ The IACHR also noted that Venezuelan women who were forced to return to their country by land as a result of the pandemic were disproportionately exposed to the risk of violence and exploitation along their migration routes.²⁴⁶

90.  The Venezuelan Alternative Sex Education Association (AVESA), a local NGO, similarly alleged that quarantine increased household chores and deepened the economic problems that women were already experiencing before the pandemic.²⁴⁷

91.  There have also been allegations concerning reduced access to health services specific to women during the pandemic, including contraception and pre- and post-natal services in some maternal health centres.²⁴⁸ This situation allegedly arose because hospitals prioritized Covid-19 cases over other health services throughout 2020.²⁴⁹ On 6 April 2021, the IACHR voiced its concern over the reports regarding the lack of access to sexual and reproductive health services in Venezuela, which was having a disproportionate impact on women and pregnant people of all ages during pregnancy and childbirth.²⁵⁰

92.  It has been alleged that the Government did little to enforce laws against discrimination on the grounds of race and ethnicity during the pandemic.²⁵¹

93.  During the pandemic, Venezuela has only put in place special education provisions for children with disabilities. In particular, the National Executive broadcasted the ‘Cada Familia una Escuela’ (Each Family One School) TV program, a contingency plan implemented by the Ministry of People’s Power for Education (MPPE) to provide education to all households during quarantine, amid the closure of schools. In particular, the MPPE included a collection of new educational programs for children and adolescents with disabilities.²⁵²

94.  However, there are allegations that the Government did not provide official disaggregated data on Covid-19 and its impact on persons with disabilities and made minimal efforts to implement reasonable accommodations for this group during the pandemic.²⁵³ NGOs have alleged that in the shift to online education due to the Covid-19 pandemic, children with disabilities had limited access to educational materials, and the Ministry of Education did not adapt curricula for children with disabilities.²⁵⁴ According to a report published in June 2021 by a local NGO, nearly 90 per cent of children with disabilities decreased their educational activities during the quarantine.²⁵⁵ Similarly, the United Nations Office of the High Commissioner for Human Rights expressed its concern regarding the lack of measures to protect persons with disabilities during the pandemic.²⁵⁶

95.  With respect to measures to protect older persons during the Covid-19 pandemic, there is no relevant information to be reported beyond the bonuses covered in Part IV.A.1 above.

96.  There has been a lack of measures to protect children beyond those covered in previous paragraphs of Part VI (see Part V.A.1 and Part VI.E above) and in Part IV.A.4 of this report.

97.  According to the United Nations Office for the Coordination of Humanitarian Affairs, the Covid-19 pandemic disproportionately affected children in Venezuela in a number of ways, including limited food, school dropout, exposure to violence, and child labour.²⁵⁷ One of the biggest impacts was the closure of schools, difficulties in school transportation due to shutdowns, and limited access to internet connections and internet-enabled devices, especially computers, for online learning.²⁵⁸ A local NGO reported obstacles to register births due to quarantine measures related to Covid-19.²⁵⁹ The same NGO reported that, during the first quarter of 2021, there were 209 violent episodes involving child and adolescents, and that 30 per cent of them involved sexual abuse.²⁶⁰

98.  Neither Decree Nº 4,106 nor Resolution Nº 090 establish specific measures to address the situation of persons deprived of their liberty during the Covid-19 pandemic.

99.  However, as early as 9 September 2020, the IACHR denounced that it was mainly staff who were being tested for Covid-19 at detention facilities, rather than inmates, and that access to personal hygiene products for persons deprived of their liberty was being severely restricted.²⁶¹ Generally, unsanitary conditions placed persons deprived of their liberty at increased risk of contracting Covid-19 and other infectious diseases.²⁶² The Venezuelan Prison Observatory, a local NGO, reported 135 Covid-19 cases and two deaths in prisons and detention centres during 2020. Due to the insufficient number of tests, the actual numbers were likely much higher during that year.²⁶³

100.  There are no relevant legal measures to be reported beyond the collaboration between the Ombudsman’s Offices of Venezuela and Colombia, covered in Part III.G above.

101.  It has been alleged that the Government did little to enforce laws protecting indigenous peoples from discrimination during the pandemic.²⁶⁴ Additionally, there is a lack of official information about Covid-19 and indigenous peoples in Venezuela and the Amazon.²⁶⁵

102.  Local NGOs have alleged that quarantine measures in Venezuela disproportionately affected indigenous communities, preventing transit to and through their territories and making it impossible for them to obtain sufficient food, water, and access to health goods and services.²⁶⁶ According to information provided by local NGOs, in 2020, more than 6,000 indigenous people were infected with Covid-19, around 600 indigenous people died, and 100 communities were affected.²⁶⁷

Patricio López Turconi, Abogado, Universidad Torcuato Di Tella (Argentina); LL. M., Georgetown University Law Center (United States); Associate, O’Neill Institute for National and Global Health Law.

Alejandro Gallotti, Abogado, Universidad Internacional de la Rioja (Spain); Abogado, Universidad Católica Andrés Bello (Venezuela); LL.M. Universidad Católica Andrés Bello and LL.M. Universidad Internacional de la Rioja (Cand.); Advisor at Centro Iberoamericano de Arbitraje.

Oscar A. Cabrera, Abogado, Universidad Católica Andrés Bello (Venezuela); LL.M., University of Toronto (Canada); Co-Director of the Health and Human Rights Initiative, O’Neill Institute for National and Global Health Law; Visiting Professor of Law, Georgetown University Law Center.