| Last updated: 08 September 2012 |
Introduction |
Venezuela is a constitutional, presidential republic. In 2006 elections, held on the basis of universal suffrage, the incumbent was re-elected President for a 6-year term, his third term following earlier wins in 1998 and 2000. 4 opposition parties boycotted the election. The President is from the Fifth Republic Movement (MVR) and is head of state as well as head of government; he exercises executive power while legislative power lies with the National Assembly. The President appoints the Vice-President; Cabinet members are proposed by the President and approved by the National Assembly. The members of the167-seat National Assembly are elected for up to 3 5-year terms from a system that combines party lists and single-member constituencies. The MVR won a majority of 114 seats, and its allies won all the rest.
There are 34 women in the National Assembly and 3 in the 21-seat Cabinet. Indigenous people are not very involved in the political system: 3 seats in the National Assembly are reserved for indigenous people, but none are in Cabinet. The judiciary is said to be politicised.
Discrimination on the basis of race, gender, disability, language or social status is prohibited but does occur against certain groups in society.
Security forces are accused of torture of detainees and of infringing rights under the guise of anti-crime sweeps in poor neighbourhoods.
Wiretapping is also reported. Venezuela ranks 138th on the Transparency International Corruption Perceptions Index 2006.
Freedom of speech and of the press are guaranteed but limited by laws governing libel and media content, combined with harassment and intimidation. Journalists are reported to practise self-censorship. Insulting the President is a criminal offence. Media owners and editors have been singled out as provoking political unrest. Internet access is not restricted.
Trafficking in persons is illegal, but Venezuela is a source, transit and destination country for persons trafficked for sexual exploitation. The government cooperates with international investigations of trafficking. The prevalence of HIV has increased among young people aged 15 to 25 and among women.
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Education Rights
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Venezuela has made progress in education in recent years. A literacy campaign begun in 1980 is reported to have reduced adult illiteracy to 7.0% (6.7% of men, 7.3% of women). Public education from kindergarten through university is free, and education is compulsory for children aged 6 to 15. About 20% of the national budget is assigned to education.
Although data vary, schools are being built or transformed into "Bolivarian schools" as part of the President's "Bolivarian Revolution." Such schools offer 3 meals a day, medical and dental care, recreational facilities and free transport to and from the urban slum areas. The Bolivarian schools are free, access to them emphasises those most in need and their primary aim is to get children into schools quickly.
Children of African and indigenous descent have little access to the education system, and a range of education programmes have been set up to target indigenous children and adults. Some 15,000 children live on the street and do not attend schools. Curfews are imposed on unsupervised minors. Educational programmes intended to re-incorporate school dropouts and adults into the educational system have been introduced.
Free adult educational and technical training is provided through the Barrio Adentro program. 240 info-centres offer free public Internet access, primarily in urban slums or in remote, poorly resourced areas. No information is provided on teachers in Venezuela in the UNESCO statistical reports.
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Early Childhood Education (ECE)
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A 3-year programme begins at age 3. At this level 17% of education is private. The Net Enrolment Rate (NER) is 49%.
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Primary Education
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Education is compulsory for ages 6 to 15. Primary school begins at age 6 and continues for 6 years. 14% of primary education is private. The NER is 92% (48% female). 7% of students repeat grades. Of students who enrol in Grade 1, 89% reach the final grade of primary school.
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 12 and is completed in 5 years. At this level 24% of education is private. 12% of students in secondary education study in technical vocational programmes. The NER is 61%. 8% of students repeat grades.
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Tertiary/Higher Education
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983,217 students (51% female) study in tertiary institutions, giving a Gross Enrolment Rate of 39%. 27% of education at this level is private. Students come to study in Venezuela from Latin American and Caribbean countries (2,060), North America and Western Europe (301) Sub-Saharan Africa (51), the Arab States (28), Asia (17) and Central and Eastern Europe (15). Meanwhile, 9,569 Venezuelan students study abroad, mainly in the USA (5,575), Cuba (847), Portugal (595), Spain (488) and France (405).
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Children with Special Needs
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Discrimination is prohibited against persons with physical and mental disabilities in education or in other state services. Charges of discrimination against persons with disabilities have been filed against health care, social security and education services. Special services are run by the Ministry of Education in Venezuela, providing education for disabled children from a very early age and job-related training for adolescents and adults. At the national level there are 16 public and private institutions operating at university level to train teachers and technical staff in special education.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, and the government established a system for providing protection to refugees. The government cooperates with the UNHCR to assist refugees and asylum-seekers. Officially, Venezuela hosts circa 5,100 refugees and asylum-seekers, though the UNHCR cites 270,000 "persons of concern."
Hostility toward Colombians crossing the border deters them from seeking protection. In 2004 and early 2005, the Regularisation and Naturalisation Decree granted permanent residence to about 370,000 foreigners, many of them Colombians. Venezuela allows recognised refugees to work, to run businesses, to practise professions and to own and transfer property. They are covered by labour laws if they have a Venezuelan identity card. Most refugees work in the informal sector where labour laws and protections are not enforced, so they receive lower pay than citizens.
Asylum-seekers are not permitted to work, but many work illegally in the informal sector. Recognised refugees receive public assistance on a par with citizens. UNHCR provides limited health services and emergency shelters. Refugees and asylum-seekers benefit from education, health and food benefits.
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Minorities and Indigenous Peoples
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Discrimination based on ethnic origin is illegal, but indigenous people are discriminated against. Indigenous people belong to some 27 ethnic groups, and many live in isolation without access to basic health and educational facilities. Special literacy campaigns are directed to them. The 3 indigenous National Assembly Deputies are expected to protect indigenous communities and their incorporation into the life of the nation.
But many indigenous children and children of African descent remain outside the school system. Thousands of children not registered at birth are cut off from services. The new Bolivarian education syllabus assumes the recognition and participation of communities of African descent.
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Academic Freedom
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Professional and academic groups are reported to operate without interference. Complaints are now made that the National Electoral Council (CNE) interferes with their attempts to hold internal elections. A Supreme Tribunal of Justice ruled that groups belonging to civil society cannot receive money from foreign governments or groups influenced by foreign government; they are not to be engaged in political activism. Government supporters attacked demonstrators protesting the police killing of 3 students.
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Gender Equality
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Gender equality is provided for in law, in marriage and in the right to work. Employers must not discriminate in salaries or working conditions. Legislation is enforced in the formal sector, but on average women still earn 30% less than men. Domestic violence is prohibited but is a problem; social prejudice results in charges not being laid in many cases of domestic violence. Sexual harassment in the workplace is reported but, as with domestic violence, rarely reported to authorities.
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Child Labour
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Children aged 12 to 14 require permission from the National Institute for Minors or the Ministry of Labour to work, while adolescents 14 to 16 require the permission of their legal guardians. Children under 16 can work a maximum of 6 hours a day or 30 hours a week. Minors under 18 are limited to work between 6 am and 7 pm.
Mining and smelters are considered among the worst forms of child labour. The legislation to monitor child labour is enforced in the formal sector of the economy but less so in the informal sector. 1.6 million children work, and 206,000 are said to be involved in prostitution, panhandling or drug trafficking.
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Trade Union Rights
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Workers have the right to form and join trade unions, except members of the armed forces. Some 12% of the labour force is unionised. The CNE has issued regulations on internal elections of unions that labour leaders claim violates freedom of association. The CNE has the authority to administer internal elections of confederations contravening ILO Conventions. Collective bargaining is permitted, and collective contracts are negotiated with the union representing the majority of workers.
The ILO has recommended that the government amend the law so that where no union represents a majority of workers minority organisations may jointly negotiate a collective agreement. Public and private sector workers have the right to strike; public servants may strike if the strike does not cause "irreparable damage to the population or to institutions." Replacement workers cannot be hired during legal strikes. Public or private sector strikers can be ordered back to work and have their dispute sent to arbitration.
Forced or compulsory labour is illegal, but women and children are subject to forced trafficking. Minimum wages are adjusted annually. The monthly minimum is US $188 (405 thousand bolivars); it does not provide a decent standard of living for a worker and family. The work week may not exceed 44 hours.
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