During this year, the Commission has continued to monitor the human rights situation of migrants, refugees, and asylum applicants in Venezuela. Specifically, it has been monitoring the situation resulting from the closure of the border in six municipalities of the state of Táchira between Venezuela and Colombia, ordered by President Maduro in August 2015.385 According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), following the closure of the border, GNB troops carried out an operation to collectively expel 1,950 undocumented Colombian migrants living in Venezuela.386 According to HRW, none of the more than 700 Colombians interviewed by the Office of the Ombudsman of Colombia after having been deported from Venezuela said they had been given a hearing to challenge the expulsion.387
In 2016, the IACHR received information indicating that while the border was closed, the negative impact on the social dynamic deepened, especially regarding trade and access to healthcare services, education, and work. This situation particularly affected the Colombian children and adolescents living in Venezuela and studying in Cúcuta (Colombia), or living in Colombia and going to school in Venezuela.388
The Commission notes that since January, measures have been taken to partially and temporarily reopen the border for students and cargo and public service vehicles.389 Also, the governments of Colombia and Venezuela agreed to adopt a special identity document390 as a step toward gradually reopening the border. In February, the Venezuelan government announced a partial opening of the border.391 Finally, on August 13, 2016, after a bilateral agreement was reached, the progressive reopening of the border was begun, and it was decided to adopt new immigration regulations along with measures for combating the proliferation of illegal activities.392 However, this year, the border with Colombia has remained partially closed.393 and measures were implemented to close it once again by the end of this year.394
For its part, COFAVIC is very concerned at the spreading phenomenon of forced internal displacement in a number of states in the country, including areas of Caracas. It noted that internally displaced families flee because of a lack of institutional protection. It said that families that are forcibly displaced face a variety of difficulties for having fled their homes or places of residence and are especially vulnerable given that they flee in search of security and protection, leaving behind their life projects as a result of situations of generalized violence and grave violations of human rights.395
In addition, the representative of the United Nations High Commissioner for Refugees (UNHCR) in Colombia warned of “the silent arrival of a lot of people who cross the border (from Venezuela) and stay on the Colombian side with irregular immigration status,” mainly seeking security and medical attention in response to the crisis the country is facing, despite the closure of border crossings.396
Another area of concern has to do with the constant stream of Venezuelans migrating to different South American and European countries,397 especially Colombia.398 According to publicly available information, the factors leading Venezuelan citizens to leave include urban insecurity resulting from State and non-State actors, inequality, poverty, a failure to guarantee economic, social, and cultural rights, political instability, and corruption.399
Lesbian, gay, transexual, bisexual, and intersex (LGBTI) persons
Civil society organizations report that in the context of the situation of shortages and scarcity affecting Venezuela, LGBT persons have been victims of mistreatment, humiliation, and discrimination and been turned away when trying to purchase food, basic goods, and medicines.400 Reports indicate that the situation “is exacerbated for trans people due to the legal and social exclusion of which they are victims.”401 This has been reported by deputy, attorney, and activist Tamara Adrián, who said clerks at a supermarket refused to sell her food because her national ID card did not match her gender identity.402 A cashier at a supermarket in Caracas stated that this was not intended as a malicious act against these people. “Ever since they started using the fingerprint machines, you see everything. The other day, a man came dressed like a woman and want to buy. The fingerprint was fine, but I couldn’t tell if it was his real identity. I asked my boss and he told me I could not sell to him because he could be lying in order to “bachaquear” [resell]. I just follow orders. “403 Lack of trust in the administration of justice and mismanagement in matters involving sexual orientation, gender identity, and gender expression have also been reported.404
The Inter-American Commission reiterates its concern that a culture prevails in Venezuela in which acts of violence and attacks against LGBT persons—trans persons in particular—is normalized.405 The IACHR also reiterates its concern at the high rates of violence against LGBT persons in Venezuela. According to a report prepared by a civil society organization, between January and May of this year, at least 10 murders took place,406 all of them committed in public.407 The same organization reported that during that time period, 16 LGBT persons had been attacked.
For its part, the Commission expresses alarm at the situation faced by defenders of LGBTI persons in Venezuela. The Commission has received information indicating that since 2014, Yonathan Matheus and Wendell Oviedo, spokespeople with the NGO Venezuela Diversa, have been persecuted, harassed, and photographed without their consent by unknown individuals. They have received death threats several times, forcing them to leave the country and relocate to the United States.
The IACHR has established that the members of organizations promoting and defending the rights of LGBTI persons play a fundamental role in the region in terms of supervising the State to ensure it complies with its obligations and, in general, in the process of promoting equality for LGBTI persons.408 The Commission reiterates that the human rights defenders who identify themselves as LGBTI and work to protect and promote the human rights of LGBTI persons face alarming levels of vulnerability to violence due to the intersection of their sexual orientation and/or gender identity with their roles as human rights defenders and the causes they defend.409
As far as good practices, the IACHR highlights the that in June of this year, the Ordinance on Discrimination in All Areas and Forms in the Municipality of Chacao, Caracas, passed the first vote. The ordinance is sponsored by councilmember Diego Scharifker, who, in explaining the need for it, said “we all know what happens to homosexual persons at the Altamira Plaza. They walk through the Plaza holding hands or displaying affection and citizens—in some cases municipal police officials—use violence and force against these people That’s discrimination”.410 The Commission also highlights the approval of Decree No. 006 of May 17, 2016, by the Government of the Capital District, published in Official Gazette of the Capital District No. 387, which declares Caracas a territory free of homophobia, transfobia, and any kind of social discrimination as part of a full recognition of the LGBTI community that lives in the country.411 It also notes Resolution NºDDPG-2016-46845 of the Office of the Public Defender adopting measures to ensure equal protection and nondiscrimination of the LGBTI community in all of that State institution’s facilities.412
The State also reported on the actions called for in its National Human Rights Plan on the rights of LGBTI persons with regard to the promotion and protection of the right to equality and nondiscrimination due to sexual orientation, gender identity, or gender expression; promoting messages aimed at ensuring respect for the right to equal protection and nondiscrimination in all public and private environments, with particular emphasis on groups or sectors that have historically been discriminated against; and creating and maintaining specialized mechanisms within the Office of the Ombudsman and the Public Ministry to promote and protect these rights.413
