TIS:How would the new law change the day to day work you perform at TI Venezuela?

TIV: The draft law raises concerns about the freedom of civil society and its ability to function independently of government control. It creates uncertainty about whether organisations like TI Venezuela would be allowed to continue working in the areas we have been working in and with the funds we have been using to finance our projects. If the law is approved, the government would have the right to decide which organizations will receive funding and which areas/activities would have priority. The law therefore creates the uncertainty we would be able to continue with the day to day work we perform at TI Venezuela.

The draft law establishes new control systems but it does not clarify the scope of the government’s action. The text of the proposed bill is ambiguous, leaving ample room for further restrictions at the government’s discretion. In my view, there are two aspects that require greater precision: First, the draft law must define the requirements for registration of organisations (these requirements are currently lacking) and second, the draft law must clarify certain points related to the proposal for a Fund for Internal Cooperation and Assistance. At this time, it remains unclear who would be responsible for managing the fund and how the money would be distributed among NGOs.

TIS:What is the political motivation behind this draft law? And who is part of the opposition to his law?

TIV: The law is being proposed by the party forming government. In our National Assembly here are no members from the opposition. The problem of political polarisation is quite strong in Venezuela, and has worsened in the past years. The current government is now in its eighth year in power, and everything is seen and understood, both by the government and the opposition, from an angle of polarisation. Those who are with me are good regardless of what they do, and those from the other side are bad. There is no room for proposals coming from a different perspective.

The political motivation behind the law could be for the government to control all spaces of activity, to make everything seem to be part of one political tendency. When criticism is directed at the government, the response never addresses the criticism itself, but instead the messenger; accusing them of being part of the opposition, or of the bourgeoisie, or North American imperialism and being pro-Bush. This takes away from the importance of the message. Civil society organisations like TI Venezuela, working under the principle of political neutrality, often have difficulty being recognised as politically independent. At TIV it is very important to show that we stand neither with, nor against, the government or the opposition; but that our work supersedes whoever may be governing.

TIS:What is the situation of funding like for civil society organisations in Venezuela? Are they mainly foreign or domestically funded?

TIV: Large civil society organisations do not receive money from the public sector, but from the private sector as well as from international cooperation. However, in Venezuela, private funds are directed towards sectors that do not touch upon politically sensitive issues because the success of private enterprises depends heavily upon maintaining a good relationship with the government. There are a number of reasons for this, for example: Venezuela’s most important competitive industries are oil extraction and mining, which are both under government control; also, as a result of foreign exchange controls instituted five years ago, companies which need to buy from or sell abroad must have good relations with the government.

For these reasons, TI Venezuela does not receive funds from private companies. Companies are afraid to finance an organisation that can claim publicly that the government is not being transparent in its hiring, contracting, etc. However, over the past five years, the government has decreased, or even stopped funding civil society organisations working on social projects. Many have not been able to survive, and so the number of organisations dealing with social or political issues has decreased. The independence and autonomy of civil society organisations is something that also depends on the source of funding. To receive funds from outside of the country helps to reach independence at an internal level.

TIS:The first draft of the law has been approved by the National Assembly. What are the next steps?

TIV: The draft has to be discussed article by article. But as I mentioned before, all the deputies in our National Assembly support the government and therefore the draft law, which means that there will be no further discussion of the law or changes made to it. Many civil society organisations are against this law but do not have anyone to represent this position in the National Assembly. Many ambassadors from other countries, especially the Europeans, have raised their concerns about the freedom of civil society under this new law, in particular about the idea of having a fund for international cooperation and assistance managed by the government. But the only way to stop the draft law from going ahead is if the government understands that this law could harm civil society organisations and have severe political consequences.

TIS:What message would you send to the international community?

TIV: The international community needs to look more critically at Venezuela and the current government. For us, permanent critique is a value that helps us improve. Any attempt to introduce greater control over civil society organisations in Venezuela must respect international standards. The Venezuelan constitution and international instruments such as the United Nations International Covenant on Civil and Political Rights, ratified by Venezuela, establish the right of association and citizen participation. If approved, this new law would clearly encroach upon these rights.

We are much more that "chavistas" and "anti-chavistas"- we are Venezuelans. The international community must understand that we are not against the government but against regulations or policies that could restrict peoples’ freedom. If this draft law is approved, civil society organisations could soon disappear.