A/HRC/45/CRP.11
181. The Bolivarian National Guard (GNB), part of the FANB since the adoption of the
1999 Constitution, has a specific constitutional responsibility for carrying out operations to
maintain internal order in the country.458 Since its incorporation of the GNB into the FANB,
the members of the National Guard have military, not police, training. Under the 2020
“constitutional law” of the FANB, the GNB may conduct military operations ordered by the
CEOFANB, “for the maintenance of the internal order of the country, the military defence in
the integral security of the nation and to participate actively in the national development,
through specific, joint, combined and integral operations”. 459
182. The GNB has specific duties in the areas of security and public order, traffic security,
border security, rural security, ports and airports, penitentiary security, anti-extortion,
kidnapping and anti-terrorist, anti-drugs, and others.460 The January 2020 “constitutional law”
is the first time the GNB has been tasked with anti-terrorism responsibilities. In February
2020, President Maduro created a “National Specialized Anti-Terrorism Corps” (Cuerpo
Nacional Especial contra el Terrorismo), to be directed by the GNB, which is tasked with
“dismembering the terrorist groups that are sent by Colombia and the United States and that
seek to sow discord, disturb the peace and security in the country”. 461
The Bolivarian Militia
183. The Bolivarian Militia is a reflection of the concept of civic-military union that guides
the State’s security doctrine. It was first included as a component of the FANB in the 2008
reforms to the Organic Law to “complement” the FANB. 462 Under the 1999 Constitution,
meanwhile, only the state is permitted to use “weapons of war”.463 According to public
statements by President Maduro, the Bolivarian Militia has grown significantly since 2014.
In April 2017, President Maduro said he intended to expand the militia five-fold, from
100,000 to 500,000 members. In an April 2020 tweet, President Maduro said that the militia
had 4.1 million members.464
184. In the January 2020 “constitutional law” of the FANB, passed by the National
Constituent Assembly, the Bolivarian Militia is described as being, “of a popular nature,
made up of men and women who express their patriotic desire to actively participate in
actions that contribute to the Security of the Nation”.465 It is made up of citizen volunteers,
who assist the FANB in the “integral defence” of the nation and contribute to the system of
intelligence and counter-intelligence.466 The Bolivarian Militia is to mobilize during times of
states of exception, among others.467 Under the 2020 “constitutional law”, the Bolivarian
Militia command structure is operationally subject to the different command echelons of the
Territorial Defence System” (see below).468
185. In November 2019, President Maduro launched the “Anti-Imperialist Training School
for the Bolivarian National Militia” and said that the militia would be integrated into the
military university.469
458
459
460
461
462
463
464
465
466
467
468
469
50
1999 Constitution, art. 329.
2020 Constitutional Law of the FANB, art. 73.
Ibid., art. 73.6.
See YouTube Video, TeleSURtv, Pdte. Maduro anuncia creación de Cuerpo Nacional contra el
Terrorismo, 27 February 2020, available at: https://www.youtube.com/watch?v=GFGDFxD6zJs.
See 2008 Organic Law of the FANB, published in Official Gazette No. 5891 of 31 July 2008,
available at: http://static.eluniversal.com/2010/12/29/ley_fan_2008.pdf.
1999 Constitution, art. 324.
See tweet by President Nicolás Maduro,
https://twitter.com/NicolasMaduro/status/1249872285521129472.
2020 Constitutional Law of the FANB, art. 74.
Ibid., art. 77.
Ibid., art. 81.
Ibid., art. 74.
Multimedio VTV, Pdte. Maduro creará la Escuela Antiimperialista de Capacitación de la Milicia
Nacional Bolivariana, 12 November 2019, video on file with the Mission.
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