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THE VENEZUELAN ELECTORAL PROCESS How to ensure free, fair and transparent elections Photo: Agencia EFE | 2020 Policy Brief July 2022 @DemocratasxVzla Table of Contents 01 Executive Summary 02 Context 05 Policy Recommendations 10 Conclusions 11 About MDV 12 References 16 Annexes Photo: Vladstudioraw | Getty Images Contact Information Tip: Use links to go to a different page inside your presentation. Links work best for pages like this one! @DemocratasxVzla How: Highlight text, click on the link symbol on the toolbar, and select the page in your presentation that you want to connect. mujeresxlademocraciaenvzla@gmail.com Kindly delete this note after editing this page. Thank you! July 2022 Executive Summary This report examines the current electoral context inside Venezuela, and offers practical recommendations for national and international actors to advance a credible and sustainable democratic transition and reconciliation process. The facts surrounding the most recent regional electoral process, held in November 2021, monitored by the European Union Election Observation Mission (EU-EOM) are particularly enlightening and point to major, systemic deficiencies in the country's electoral system. To address these deficiencies, this report recommends: (i) The consolidation of an efficient and trustworthy electoral administration body; (ii) The creation of an adequate electoral timetable; (iii) Updates to the electoral registry, paying special attention to the inclusion of refugees and migrants; Photo: Agencia EFE | 2020 (iv) Gender parity of candidates in all elections; (v) Independent, international observation of elections, along with the provision of technical assistance and electoral training to national actors. Although the conditions for holding free, fair and transparent elections are not yet in place, it is critical to take urgent steps now to lay the groundwork whereby the restoration of Venezuela’s democracy may be secured. @DemocratasxVzla 01 July 2022 I. Context I. Contexto Venezuela is undergoing a political, when Nicolas Maduro’s delegation withdrew economic, and social crisis, which has from the process, citing the extradition of affected all sectors of the population and Alex Saab to the United States on money sparked a humanitarian emergency. As a laundering charges. result of this crisis, over six million Venezuelans have been forced to flee the The resumption of these negotiations would country 1 and 94.5% of the population now offer a critical opportunity to expand 2 live in poverty. As reported by the discussions on electoral matters, as agreed International Independent Fact-Finding in points 1 (political rights for all) and 2 3 (electoral guarantees and observation) in Mission on Venezuela, the Office of the the Memorandum of Understanding signed United Nations High Commissioner for on August 16, 2021, by the delegations Human Rights 4 and Human Rights Watch, 5 representing Nicolás Maduro and the the situation in Venezuela is characterized Unitary Platform. by serious human rights violations, including arbitrary detention, inhumane and degrading Holding free, fair, and transparent elections treatment, as well as severe violations of is a fundamental step not only for the freedom of expression and the right to reestablishment of democracy, but also for political participation. the attainment of reconciliation in Venezuela. Such a process will contribute These violations have been made possible to the reconstruction of the political and through the systematic dismantling of State social fabric and to the promotion of 10 institutions, hyperinflation, rampant coexistence and respect for institutions. 6 But to be effective, elections must be held corruption, and the methodical destruction of Venezuela’s democracy—a process which "with integrity", meaning they must comply began in 1999 under Hugo Chavez and has with the principles of respect for electoral intensified in recent years.7 Accordingly, democracy, ethical conduct, Venezuela is today classified as an professionalism and accuracy, institutional authoritarian regime, ranking last in IDEA’s safeguards, oversight and compliance, and 8 Democracy Index in Latin America, and last transparency and accountability. 11 in the world in the Economist Intelligence Unit’s Rule of Law Index. 9 Politically, Venezuela is at a crossroads. Efforts to achieve a negotiated solution via Norway-mediated talks held in Mexico City have been paralyzed since October 2021, @DemocratasxVzla 02 July 2022 Venezuela’s legal framework is - with some exceptions - adequate to achieve an election “with integrity”. Venezuela has signed all main treaties on electoral matters and respect for civil and political human rights. Nevertheless, many conditions undermine the fairness of Venezuelan elections before election day even arrives. These include: 1. Arbitrary disqualification of opposition leaders; 2. Partisan use of State resources for campaigns; 3. Unequal access to traditional and social media during campaigning; 4. Arbitrary barring of registration of candidates; 5. Government blockage of websites; 6. Lack of judicial independence and violations of the essential rules of the rule of 12 law. For example, Section 105 of the Organic Law of the Comptroller General's Office authorizes the Comptrollership to politically disqualify candidates, thereby curtailing their political rights by means of an 13 administrative procedure. 7. Outdated electoral registry, which excludes the 6 million refugees and migrants that have left the country over the past decade. Photo: AndresAzp | 2008 @DemocratasxVzla 03 July 2022 The lack of independence of the National KEY FACTS Electoral Council (CNE) is one of the main obstacles to “electoral integrity” in Venezuela. This is because the CNE does 01 Poverty in Venezuela not have functional impartiality, as there is no According to the National separation of powers and thus, the body is Survey of Living Conditions 14 under the control of the ruling party. (ENCOVI) of 2021, 94.5% of the population has been The aforementioned deficiencies were driven into poverty. highlighted in the 2021 regional elections, when new arbitrary 15 disqualifications occurred, as well as numerous electoral irregularities, including the use of State 02 Electoral Irregularities resources for partisan purposes and unequal In the 2021 regional access to the media, which according to the elections, the Venezuela EU-EOM contributed to significant “structural Documenta Platform reported 755 irregularities deficiencies”.15 in 550 polling stations. The Venezuela Document Platform reported 755 irregularities in 550 electoral centers, including puntos proselitistas (centers set up 03 Exclusion of women close to polling stations to incite voters to vote for Maduro-backed candidates) and In the 2021 regional political proselytism by polling station elections, only 18% of the members, use of public resources to mobilize candidates for mayoralties were women, and in the voters, offering prizes or payments to vote for case of governorships they Maduro-backed candidates, abuses in represented only 12% of assisted voting, failures in voting machines candidates. 16 and arbitrary changes of electoral centers. Exclusion of In addition, the National Electoral Center 04 Venezuelan migrants (CNE) recently issued a 17statement giving and refugees Venezuelan voters only a few hours to collect Venezuelan migrants are four million signatures supporting a recall— excluded from their right to an impossibly short timeframe that "de facto" vote. Of the 6.1 million denied Venezuelans the possibility of Venezuelans abroad, only activating the mechanism. These facts 107,967 are registered to vote. underline the absence of electoral freedoms and conditions to organize an electoral process that would allow the Venezuelan people to express their will. 17 @DemocratasxVzla 04 July 2022 II. Policy Recommendations Based on the aforementioned findings, we affiliations (3 to the ruling party and 2 to the have generated a series of opposition). While this represents an recommendations for both different national improvement in terms of representation in and international actors that can play a role comparison to the previous board, these in the transition and reconciliation process overt political affiliations undermine the in Venezuela. integrity of the electoral administration. TO THE NATIONAL AUTHORITIES It is necessary to highlight that the electoral body, aside from specific exceptions National Electoral Council (CNE) indicated in the Organic Law of the Reform: Following the recommendations Electoral Power, takes decisions with a of the EU-EOM, reform the National simple majority of its members (3 to 2). Electoral Council (CNE) so that it becomes This condition blocks decisions that would a credible and efficient electoral favor the opposition (as occurred in the management body with the following state of Barinas during the last electoral characteristics: process). 1. A legal framework that ensures its Therefore, we take up the proposal of absolute independence. CNE members Alarcón Deza et al. (2016) to prohibit the cannot be linked to organizations with candidacy of all those who have held political purposes (as established in political positions over a certain period of Section 296 of the Constitution of the time. Furthermore, following Alarcon Deza’s Bolivarian Republic of Venezuela) and suggestions, we propose to reform the must be selected on the basis of their appointment process of board members.21 competencies, not their ideology. The appointment of CNE authorities is 2. The CNE must be diverse and currently in charge of an electoral representative of the population, have full Nominations Committee composed of 11 authority over the electoral process, and MPs of the National Assembly and 10 have functional and financial autonomy.18 19 members of other sectors.22This means that Currently, the CNE does not fulfill these the presence of civil society is not a criteria. The institution is highly dependent guarantee of independence, since MPs on the partisan Supreme Court of Justice 20 maintain the decisive majority. We suggest and Comptroller General’s Office. to increase the number of representatives from civil society in the Nominations 3. According to the Constitution of the Committee to ensure the independence of Bolivarian Republic of Venezuela, CNE the appointments. 23 authorities must not be members of any political party and must not have a political affiliation. Currently, the five CNE board members (“rectores”) have clear political @DemocratasxVzla 05 July 2022 Gender Parity: Establish gender parity in It is thus recommended that a quota be candidacies for all elections. Women must enacted legislatively to ensure a percentage have the same opportunities to compete in of 50% men and 50% women candidacies in political processes as men. Although in all nominations at all political levels, Venezuela there is no legislated quota law, including gubernatorial and mayoral the CNE – in the exercise of its regulatory positions, with strict implementation powers – has issued resolutory acts to ensure mechanisms and sanctions applied in case gender parity in specific processes, such as of non-compliance. 28 Such a law should not the "Special Regulations to Guarantee the only cover the representation of women in Rights of Equal, Alternate and Political governing bodies, but also in executive Participation of Legislators and Councilmen or positions. Councilwomen in the 2021 Regional and Municipal Elections." 24 This decree, which There is precedent for this type of measure stipulates that there must be an equal number in the region, with positive results. For of men and women on party lists with alternate example, Mexico successfully established listing of candidates, has been criticized by gender parity in candidacies for the Federal Venezuelan NGO CEPAZ as "ambiguous and Congress and State Congresses through a containing non-imperative language", and was constitutional amendment in 2014. 29 Five mostly ignored or only partially enforced.25 years later, a Court ruling endorsed parity in all levels of candidacies, which, until then, were only legislative. In 2020, the Despite appearances, elections in Venezuela National Electoral Institute ordered that have a long way to go before having balanced each party must include at least 7 women of participation of each gender. For example, in its 15 gubernatorial candidates. This the November 2021 elections, while 49.44% of allowed Mexico to obtain the highest candidates for municipal and state legislatures number of female governors in its history in were women (a statistic greatly influenced by 30 the last federal elections of 2021. the CNE’s mandated quota of 40-50% participation for each gender), the perception Efforts to ensure gender parity at all levels, of parity is misleading.26 Despite the equitable however, must go past quotas to qualitative number of women candidates in municipal and policies that promote women’s continued state legislative races, women politicians were success once they are elected. This excluded from the highest positions. And in includes committees within the National gubernatorial and mayoral races, for which Assembly and Political Parties that analyze political parties 26 were not mandated by the CNE proposed policies from a gendered to promote female candidacies, the numbers of perspective before they are adopted; a women participating are dramatically lower. National Action Plan on Women, Peace, For mayoralties, only 18% of the nominees and Security; and greater resources for were women (women won 62 out of 335 women political leaders, such as financing, mayoralties), and for governorships, only 12% capacity-building opportunities, and of people nominated were women (women won mentorship. only 2 out of 23 governorships).27 @DemocratasxVzla 06 July 2022 TO THE NATIONAL ELECTORAL COUNCIL Expand the Electoral Registry: Facilitate (CNE): the registration and update of the Electoral Registry within and outside the national Electoral Timeline and Sequence: Create an territory. Ensure the inclusion of the electoral timeline that stipulates all the stages, population outside Venezuela, and acts, and actions that must be complied with, in establish a mechanism where refugees and accordance with the provisions of the Organic migrants can be included. Electronic or Law of Electoral Processes and its General postal registration should be enabled in all Regulations:31 32 Consulates, and electronic or postal voting should be allowed for those populations 1. First, the date of the first elections after the that do not have the capacity to travel to conditions for a democratic transition are agreed the cities with consular representation. upon should be carefully planned to ensure that the necessary conditions for holding a free and It is also important to carry out awareness fair election are already in place. This will help campaigns on the importance of voting, avoid further polarization and political violence. especially among younger voters, since in Venezuela, as shown in Graph #1, 2. Second, other elements that are important for abstention has increased in the latest the democratic transition must be taken into electoral processes. Refugee and migrant- account when deciding on the electoral led organizations can also play a crucial timetable. This includes planning the elections in role in this, as they often have access to coordination with elements such as justice information on the ground and know how to mechanisms and constitutional and institutional best reach different displaced populations. reforms. This is essential since support to post- transitional authorities might wane and the According to official figures of the Regional transition process might be negatively affected if Interagency Coordination Platform for the elections are not seen as credible and Refugees and Migrants of Venezuela 33 accepted. (R4V), 6,133,473 Venezuelans have been 34 forced to flee the country. However, the 3. Finally, the timetable must include all phases latest figures available from the Electoral of the process, respecting the timeframes Registry (2020) show that there are only 35 established by law, and spaced out appropriately 107,967 registered voters abroad. so that there are no conflicts. It is important to Likewise, beyond the services that are emphasize that, although the presidential currently offered by the Regional Electoral elections are the most urgent, elections at all Offices, the CNE must carry out and levels are necessary to consolidate democracy guarantee registration and update sessions in the country. in Venezuela, in order to reduce the gap of unregistered Venezuelans within the national territory. @DemocratasxVzla 07 July 2022 Although the CNE has estimated that under- Furthermore, the process of notification registration is less than 3.4% (some 745,000 and training of randomly selected members persons), civil society organizations claim that for electoral committees must be improved this figure is higher (between two and three in order to ensure impartiality in polling 36 places.40 million persons). Electoral Committee Composition (at Polling Citizen and Civil Society Participation: It Stations): Even when the electoral body is is imperative to promote the participation of reformed, it is necessary to consider that the different actors of civil society and citizens subordinate electoral bodies play an important in the design of institutions and the role in guaranteeing a fair and transparent electoral schedule, as well as at the time of 37 electoral process. elections.41 Some possible mechanisms include: holding roundtables with civil The composition of electoral committees and society actors (NGOs, academics, and bodies must align with the Organic Law of experts) to enrich the process of reform Electoral Processes: Members of the electoral and implementation of electoral institutions committees (“Organismos Electorales and processes, conducting civic education Subalternos”), which include Regional, Municipal campaigns with citizens with regards to the and Parochial Councils, as well as Polling new institutions, and clear public Stations, shall be randomly drawn from a list of communication regarding the entire all voters (except those who are exempted from institutionalization and decision-making electoral service due to age, illness, work process prior to the elections in a imperatives or being themselves candidates or transparent manner. The electoral political office holders).38 management body should create mechanisms for consultation with the In the last processes, the non-profit civil electoral authorities, as well as establish association Súmate reported that 51% of the observation mechanisms by civil society heads of the electoral committees were affiliated that make it possible to follow up on the to the Partido Socialista Unido de Venezuela respect of electoral standards and civil and (PSUV), Nicolas Maduro’s political party. 42 political rights during elections. Finally, women and youths must be included, Likewise, the role of poll watchers (“testigos”) making them aware of the importance of must be reinforced. They have the responsibility their participation both in the act of voting to observe the activities carried out at the polling and in the fulfillment of the mandatory station and record observed facts or electoral service. irregularities.39 Poll watchers should receive training in electoral defense and accreditation. The presence of a main observer and two alternate observers in each polling place must be guaranteed. @DemocratasxVzla 08 July 2022 TO INTERNATIONAL ACTORS: Refugee and Migrant Participation: Working in concert with Venezuelan civil International Pressure and Support for society and refugee-led organizations, the Political Negotiations: It is critical that the international community must have in place international community throw its full weight a roadmap to engage and support the behind the Norway-mediated political participation of the Venezuelan diaspora negotiations. To that end, it is imperative to through out-of-country voting (OCV). OCV is rebuild and rethink the international coalitions a complex process that requires technical that are vital to international coordination on knowledge, financial resources, and Venezuela and tie sanctions relief to the oversight. implementation of credible reforms that create the conditions for free, fair and verifiable Host countries and international elections and help to re-establish the rule of law. organizations, such as the IOM, should provide geographic and demographic data International Observation: Include to inform OCV decisions. international organizations as observers in a future electoral process in Venezuela, such as International organizations should provide the Organization of American States (OAS), the extensive technical support throughout the United Nations (UN), the European Union (EU), process drawing from past large-scale the Organization for Security and Cooperation in elections, while host countries should Europe (OSCE), and institutions such as The facilitate OCV by helping locate office Carter Center, the International Republican space, loaning voting equipment (if physical Institute (IRI) and the National Democratic polling stations are used), and providing Institute for International Affairs (NDI), which security at polling stations or processing can support transitional electoral processes, as centers. long as the conditions for holding elections are met. In addition, support should be requested from international organizations in the Technical Assistance: Provide technical compilation of the Electoral Registry of assistance and training to Venezuelan electoral Venezuelans abroad. In some cases, institutions, as well as to the international international organizations and host institutions, experts, and governments that will countries may provide financial support to observe the electoral process. States and cover the costs of out-of-country elections, agencies willing to provide electoral assistance a process that tends to be more expensive should view Venezuela's transition to democracy than in-country voting. Last, the as a long-term objective, supporting the country international community must observe and in the creation of a comprehensive transitional monitor the OCV process through multiple framework, and should not limit themselves to simultaneous institutions to prevent fraud. supporting the elections as isolated events.43 @DemocratasxVzla 09 July 2022 Conclusions A process of transition and reconciliation in Venezuela must include free, fair, and transparent elections. These elections must be part of a comprehensive transition plan that considers the different actors present, the transitional context, and the necessary reforms before and after the process. There has been a steady decline in the levels of voter turnout during previous elections held in Venezuela. It is necessary that Venezuelans regain confidence in the voting process. This will only be possible if they have confidence that Venezuelan elections do in fact reflect the true views of the electorate. For this to happen, steps must be taken now by national authorities, the National Electoral Council (CNE), and the international community to create the necessary conditions for free, fair and transparent elections. This includes having a truly independent national electoral body, equal access to state resources for political campaigns, putting an end to arbitrary detentions and disqualifications of political candidates, gaining judicial independence and respect for the rule of law, having independent international observation, and updating the electoral registry so that younger voters and the millions of migrants and refugees that have fled the country are able to exercise their right to vote. Photo: Element5 Digital on Unsplash | 2018 @DemocratasxVzla 10 July 2022 About MDV Founded in October, 2021 Women for Democracy in Venezuela (MDV) is an inclusive movement founded in October 2021, whose mission is to contribute to the construction of a free and democratic Venezuela. MDV members are female Venezuela politicians, diplomats, academics, activists, journalists, lawyers, human rights defenders and civil society leaders from inside and outside Venezuela. Together, we are working across party lines to achieve substantive progress on the issues that affect all Venezuelans’ future. Our common objectives are: (i) Contributing to the reinstatement of democracy in Venezuela; (ii) Defending the needs of the Venezuelan people and civil society; (iii) Proposing viable and constructive solutions that address both the root causes of the crisis and the immediate needs of the Venezuelan population; (iv) Advocating for the meaningful participation of women in political processes and decision-making. To achieve these objectives, MDV members are working to make advances on key policy areas, including the establishment of free, fair and transparent elections, protection for Venezuelan refugees and migrants, respect for justice and the rule of law, and the protection of Venezuela’s environment. Keep up to date with MDV on Twitter at @DemocratasxVzla. Foto: Getty Images | 2019 @DemocratasxVzla 11 July 2022 References [1] Plataforma de Coordinación Inteligencia para [7] International Institute for Democracy and Refugiados y Migrantes de Venezuela. 2022. Electoral Assistance. 2019. “Timing and “Cifras Clave”. https://www.r4v.info. Sequencing of Transitional Elections: Case Studies”. 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N.d. “Manual de Funcionamiento Genérico de la Mesa Electoral”. https://www.sumate.org/miembros_mesa_cne/Man ual_del_Funcionamiento_de%20_las_Mesas_Elect orales.pdf [40] The Carter Center. 2021. “Elecciones Regionales y Locales, Venezuela 2021: Informe Preliminar: Misión Electoral de Expertos del Centro Carter”. https://www.cartercenter.org/resources/pdfs/news/p eacepublications/election_reports/venezuela- preliminary-report-120321-spanish.pdf [41] Bueno Cipagauta, María Angelica. 2017. “Políticas Públicas de Reconciliación. Un reto posible en la Construcción y la Sostenibilidad de la Paz en Colombia”. Universidad Nacional de Colombia, Vol. 30 Núm. 90. https://doi.org/10.15446/anpol.v30n90.68301 [42] Electoral Integrity Initiative. n.d. “Las Elecciones y la Consolidación de la Paz”. Informe de Políticas No. 4. https://www.kofiannanfoundation.org/app/uploads/2 017/08/Elections-and-Peacebuilding_ESPANOL.pdf [43] Red de Conocimientos Electorales ACE. n.d. “Facing Electoral Realities: Too Much Assistance, Too Late.”https://aceproject.org/ace-en/focus/focus- on- effective-electoral-assistance/facing-electoral- realities @DemocratasxVzla 15 July 2022 Annexes FIGURE #1 @DemocratasxVzla 16