A/HRC/45/CRP.11
implemented several reforms to the structure and functions of the FANB, discussed
throughout this section.
172. The Constitution requires that the National Armed Forces is a professional institution,
without political affiliation,428 although the 2020 Constitutional Law introduces concepts
including anti-imperialist and anti-oligarchy as among its guiding principles.429 One former
high-ranking military official interviewed by the Mission put it this way, “What happens
when [one] fuses the ideal of Nation with […] the ideals and project of a political bias? This
[…] generates the perception that by defending the Nation [one] defends the Party and vice
versa, and that anything that threatens the Party, also threatens the Nation”. 430
173. Active or former military officials have held between 23 per cent and 44 per cent of
cabinet positions since 2014431 and around 30 per cent of state governorships.432 They also
hold leadership roles within key state businesses, including the state oil company Petróleos
de Venezuela, SA (PDVSA).433 In February 2016, the Government created a military
company for the mining, petroleum and gas sector.434 In addition, the armed forces participate
in the social sphere, including in the distribution of food through the CLAP programme
(according to an investigative report by the Associated Press, its control over the distribution
of food has led to a situation of food trafficking).435
174. Some military actors have made attempts to oust President Maduro, especially since
mid-2017. The Government responded with efforts to bind high-ranking military officials
ever closer to it, attempting to limit opposition within the FANB. As investigated by the
Mission and described below, the Government has also engaged in targeted repression of
members of the armed forces that have allegedly participated in these acts.
175. According to statements by high-level Government officials, large groups of members
of the FANB, thousands at a time, have been dismissed 436 or promoted.437 The grounds for
such decisions are not clear. In some cases investigated by the Mission, the Government has
promoted military officials identified by the Mission as perpetrators of human rights
violations.438 This included some among the 13 military majors promoted to the rank of
lieutenant colonel on 1 July 2020.439 The resolution does not name the reasons for the
promotion.
428
429
430
431
432
433
434
435
436
437
438
439
48
1999 Constitution, art. 328.
2020 Constitutional Law of the FANB, art. 1.
Document SCHH01, on file with the Mission. See also statement of opposition leader Henry Allup
speaking about lexicon used by Government, YouTube, TeleSurTV, Dentro de la Constitución todo:
Henry Ramos, 10 April 2014, available at: https://www.youtube.com/watch?v=RWCuBYjDTfY.
https://www.controlciudadano.org/noticias/control-ciudadano-militares-pierden-influencia-en-elgabinete-de-maduro.
See Control Ciudadano, available at: https://www.controlciudadano.org/contexto/gobernadores-queproviene-de-la-fuerza-armada-nacional-gobernadores-militares.
Ibid.
Presidential Decree No. 2231, published in Official Gazette No. 40.845, available at:
https://pandectasdigital.blogspot.com/2016/02/gaceta-oficial-de-la-republica_11.html.
See Associated Press, “Venezuela military trafficking food as country goes hungry”, 28 December
2016, available at: https://www.ap.org/explore/venezuela-undone/venezuela-military-traffickingfood-as-country-goes-hungry.html.
In December 2019, for example, Maduro dismissed nearly 6,000 members of the GNB.
Administrative Order of the Commander-in-Chief of the Bolivarian National Guard, Resolution
31.086 of 7 July 2019, published in Official Gazette No. 6465, of 9 July 2019, available at:
https://www.scribd.com/document/439701262/5-976-miembros-de-la-Guardia-Nacional-expulsadospor-Maduro#from_embed.
See announcement by Minister of Defence that 16,900 members of the FANB would be promoted, 2
July 2018, available at:
http://www.presidencia.gob.ve/Site/Web/Principal/paginas/classMostrarEvento3.php?id_evento=1073
3.
See ABC, Maduro asciende a 1.000 militares entre torturadores y narcos, 6 July 2020, available at:
https://www.abc.es/internacional/abci-maduro-asciende-1000-generales-entre-torturadores-y-narcos202007061836_noticia.html?ref=https:%2F%2Fwww.google.com%2F&fbclid=IwAR3GiHOq4EXrx
40i1X0Od8rnhaK0SdMvSU9IeZ2RyE9jGkGFLoZV8Fa6akU.
Ministry of Defence Resolution No. 036583, 1 July 2020.
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