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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