LAW AGAINST FASCISM, NEOFASCISM AND SIMILAR

EXPRESSIONS

STATEMENT OF REASONS

The Constitution of the Bolivarian Republic of Venezuela enshrines a model

of participatory and protagonistic democracy, basing the existence and
action of the State on the values of life, liberty, justice, equality, solidarity,
democracy, social responsibility and, in general, the preeminence of human
rights, ethics and political pluralism.

Similarly, the Constitution, based on the postulates of the Liberator Simón

Bolívar in the speech of Angostura, outlines a State deeply committed to
real and effective equality, leaving behind the liberal scheme of simple
equality before the law. Based on this postulate, all types of discrimination
are prohibited, including that based on race, ethnic, social or national origin.

These constitutional postulates establish the bases for the actions of

individuals and society. Indeed, not only must the State be democratic and
respectful of equality. All inhabitants of the Bolivarian Republic of
Venezuela must act within the same framework established by the
Constitution.

However, the history of the last 25 years reveals the existence of sectors of
society that repeatedly resort to violence as a form of political action,
openly contradicting the constitutional postulates that, among other things,
protect the democratic exercise of the popular will. The consequences of
this conduct have been hundreds of deaths, thousands of injuries and
considerable damage to public and private property.

For example, according to figures from the Commission for Truth, Justice,
Peace and Public Tranquility, political violence in 2014 resulted in 43
deaths and 878 injuries. In 2017, the result was 121 people dead and 1,958
people injured. Among the victims are people who were burned to death,
lynched or beheaded just because of their skin color.

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This way of exercising politics, through the use of violence, has been fueled
by a deeply discriminatory way of thinking based on motives of racial,
ethnic, social or national superiority, which denigrates democracy, its
institutions and republican values and/or promotes the suppression of the

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rights and guarantees recognised in the Constitution in favour of certain
sectors of society, for discriminatory reasons. Racism, chauvinism,
classism, moral conservatism, neoliberalism, misogyny and all kinds of
phobia against human beings and their right to non-discrimination are
common features of this way of thinking.

This behaviour reproduces the ideals and modes of action of fascism or of

new manifestations such as neo-fascism or similar expressions, whose
negative consequences for social coexistence, democracy and human
rights in the world are widely documented in history.

By virtue of the above, this draft Law seeks to establish the means and
mechanisms to preserve peaceful coexistence, public tranquility, the
democratic exercise of the popular will, the recognition of diversity,
tolerance and mutual respect, in the face of expressions of a fascist, neo-
fascist or similar nature that may arise in the territory of the Bolivarian
Republic of Venezuela.

The bill is composed of thirty (30) articles, grouped into four (4) chapters.

The first chapter contains the general provisions. This chapter includes
definitions of fascism, neo-fascism and similar expressions. Likewise, the
duty and right of society to contribute to the development of policies aimed
at promoting the democratic exercise of the popular will, peaceful
coexistence, recognition of diversity, tolerance and mutual respect are
enshrined.

The second chapter develops a set of specific measures for protection

against fascism, neo-fascism and similar expressions, based on the
prohibition of the culture of hatred, intolerance and death.

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This chapter highlights the establishment of the obligation of the media to

disseminate educational messages that contribute to protecting society
from all expressions of fascist, neo-fascist or similar nature, while
prohibiting the dissemination of advertising, propaganda or messages that,
for example, advocate or promote violence as a method of political action
or denigrate democracy, its institutions and republican values.

Likewise, this chapter regulates the prohibition of social organizations or

those with political purposes whose articles of incorporation, declarations of
principles, political action programs, statutes or activities promote, advocate
or are based on fascism, neo-fascism and similar expressions, thus
complementing the provisions on the matter provided for in the
Constitutional Law against Hatred, for Peaceful Coexistence and
Tolerance, as well as in the Law on Political Parties, Public Meetings and
Demonstrations.

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Also highlighted in this second chapter is the proposal to promote the
constitution and operation of an international network of people, groups,
social movements and institutions committed to the fight against fascism,
neo-fascism and similar expressions, with the aim of adding and articulating
efforts and initiatives at the global, regional and subregional levels.

The third chapter creates and regulates the High Commission against
Fascism, Neo-fascism and Similar Expressions, as a collegiate body in
charge of advising and generating recommendations regarding public
policies and specific measures to protect Venezuelan society from the
emergence of any expression of fascist, neo-fascist or similar nature and to
preserve peaceful coexistence, public tranquility, the democratic exercise of
the popular will, the recognition of diversity, tolerance and mutual respect.

The fourth and final chapter establishes a set of criminal and administrative
sanctions for failure to comply with the provisions of this law. Sanctioned
behaviors include fascist acts, apology for fascism, financing of fascist
organizations or activities, and the dissemination of prohibited messages.

Similarly, a special aggravating factor is added to any punishable act when

it is carried out or increased for fascist, neo-fascist or similar reasons.

The project concludes with two final provisions related to its entry into force
and the repeal of other legal provisions that conflict with this instrument.

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 LAW AGAINST FASCISM, NEOFASCISM AND SIMILAR
EXPRESSIONS

CHAPTER I GENERAL
PROVISIONS

1 Object
Article 1. The purpose of this Law is to establish the means and mechanisms to
preserve peaceful coexistence, public tranquility, the democratic exercise of the
popular will, the recognition of diversity, tolerance and mutual respect, in the face
of expressions of fascist, neo-fascist or similar nature that may arise in the
territory of the Bolivarian Republic of Venezuela.

Purpose
Article 2. The purpose of this Law is:

1. Guarantee the human right of the people to peace, coexistence and public
tranquility.

2. Ensure that the exercise of political rights is carried out through democratic
means, in accordance with the provisions of the Constitution of the Bolivarian
Republic of Venezuela.

3. Prevent and eradicate all forms of hatred and discrimination based on racial,
ethnic, social or national origin or, in general, any reason that has the purpose
or result of nullifying or undermining the recognition, enjoyment or exercise of
the rights, guarantees and duties of people in conditions of equality.

4. Protect Venezuelan society from the emergence of any expression of fascist,

neo-fascist or similar nature.

Principles and values

Article 3. This Law is governed by the principles and values of preeminence of
human rights, equality and non-discrimination, participation, co-responsibility,
democracy, justice, coexistence and diversity.

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 Definitions
Article 4. For the purposes of this Law, the following definitions are established:
•

1. Fascism: Ideological position or expression based on motives of racial,

ethnic, social or national superiority, which assumes violence as a method of
political action, promotes the culture of death, denigrates democracy, its
institutions and republican values and/or promotes the suppression of the
rights and guarantees recognized in the Constitution in favor of certain sectors
of society, for discriminatory reasons. Common features of this position are
racism, chauvinism, classism, moral conservatism, neoliberalism, misogyny
and all kinds of phobia against human beings and their right to non-
discrimination and diversity.

2. Neofascism and similar expressions: Any ideological position or

expression, regardless of its name, that reproduces in whole or in part the
foundations, principles, purposes, methods and characteristics of fascism.

Public order
Article 5. The provisions of this Law are of public order. In case of doubt in its
interpretation, the one that most favors the guarantee of the human right of the
people to peace, coexistence and public tranquility will be adopted. t,

Co-responsibility
Article 6. The State, families and society have the duty and right to contribute to
the development of policies aimed at promoting the democratic exercise of the
popular will, peaceful coexistence, recognition of diversity, tolerance and mutual
respect.

CHAPTER II PROTECTION
MEASURES

Preventive policies
Article 7. The organs and entities of the National, State and N/nirinal Public Power dokarón
imnlementor nAlítinac ve nrorramac Aientanne a

Definitions
Article 4. For the purposes of this Law, the following definitions are established:
•

1. Fascism: Ideological position or expression based on motives of racial,

ethnic, social or national superiority, which assumes violence as a method of
political action, promotes the culture of death, denigrates democracy, its
institutions and republican values and/or promotes the suppression of the
rights and guarantees recognized in the Constitution in favor of certain sectors
of society, for discriminatory reasons. Common features of this position are
racism, chauvinism, classism, moral conservatism, neoliberalism, misogyny
and all kinds of phobia against human beings and their right to non-
discrimination and diversity.

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2. Neofascism and similar expressions: Any ideological position or
expression, regardless of its name, that reproduces in whole or in part the
foundations, principles, purposes, methods and characteristics of fascism.

Public order
Article 5. The provisions of this Law are of public order. In case of doubt in its
interpretation, the one that most favors the guarantee of the human right of the
people to peace, coexistence and public tranquility will be adopted. t-,

Co-responsibility
Article 6. The State, families and society have the duty and right to contribute to
the development of policies aimed at promoting the democratic exercise of the
popular will, peaceful coexistence, recognition of diversity, tolerance and mutual
respect.

CHAPTER II
PROTECTION MEASURES

Preventive policies
Article 7. The organs and entities of the National, State and NNnnininol Public Power
Nehorán imnlementar nAlítinac \/ nrorramac nrientanAc o

promote peaceful coexistence, public tranquility, the democratic exercise of the

popular will, the recognition of diversity, tolerance and mutual respect, as well as
to prevent the emergence of any expression of fascist, neo-fascist or similar
nature.

International Network Against Fascism

Article 8. The National Executive will promote and support the creation and
operation of an international network of people, groups, social movements and
institutions committed to the fight against fascism, neo-fascism and similar
expressions, with the aim of combining and articulating efforts and initiatives at
the global, regional and subregional levels.

Role of the media Article 9. Providers of

radio, television, electronic media and print media, whether public, private or
community, are obliged to broadcast messages aimed at promoting the
democratic exercise of the popular will, peaceful coexistence, recognition of
diversity, tolerance and mutual respect.

Messages disseminated pursuant to this article must be educational in nature

and contribute to protecting society from any expression of fascist, neo-fascist or
similar nature.

Prohibition of the culture of hatred, intolerance and death Article 10.

No person or group of persons may promote, stimulate, facilitate, execute or
tolerate actions or omissions that favour or reproduce the culture of hatred,
intolerance, discrimination and death, violating the values and principles
contained in the Constitution of the Bolivarian Republic of Venezuela and this
Law.
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 Ban on fascist messages Article 11.
Providers of radio, television, electronic media and print media, whether public,
private or community, as well as social networks, must guarantee spaces free of
any fascist, neo-fascist or similar messages.

Definitions
Article 4. For the purposes of this Law, the following definitions are
established: •

1. Fascism: Ideological position or expression based on motives of

racial, ethnic, social or national superiority, which assumes violence as
a method of political action, promotes the culture of death, denigrates
democracy, its institutions and republican values and/or promotes the
suppression of the rights and guarantees recognized in the Constitution
in favor of certain sectors of society, for discriminatory reasons.
Common features of this position are racism, chauvinism, classism,
moral conservatism, neoliberalism, misogyny and all kinds of phobia
against human beings and their right to non-discrimination and diversity.

2. Neofascism and similar expressions: Any ideological position or

expression, regardless of its name, that reproduces in whole or in part
the foundations, principles, purposes, methods and characteristics of
fascism.

Public order
Article 5. The provisions of this Law are of public order. In case of doubt
in its interpretation, the one that most favors the guarantee of the human
right of the people to peace, coexistence and public tranquility will be
adopted. r-,

Co-responsibility
Article 6. The State, families and society have the duty and right to
contribute to the development of policies aimed at promoting the
democratic exercise of the popular will, peaceful coexistence, recognition
of diversity, tolerance and mutual respect.

CHAPTER II PROTECTION
MEASURES

Preventive policies
Article 7. The organs and entities of the National, State and NAnnirinol
Public Power will implement the nAlítinac and nrorromac AriantarAc or

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 promote peaceful coexistence, public tranquility, the democratic exercise of the
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popular will, the recognition of diversity, tolerance and mutual respect, as well as
to prevent the emergence of any expression of fascist, neo-fascist or similar
nature.

International Network Against Fascism

Article 8. The National Executive will promote and support the creation and
operation of an international network of people, groups, social movements and
institutions committed to the fight against fascism, neo-fascism and similar
expressions, with the aim of combining and articulating efforts and initiatives at
the global, regional and subregional levels.

Role of the media Article 9. Providers of

radio, television, electronic media and print media, whether public, private or
community, are obliged to broadcast messages aimed at promoting the
democratic exercise of the popular will, peaceful coexistence, recognition of
diversity, tolerance and mutual respect.
4,

Messages disseminated pursuant to this article must be educational in nature

and contribute to protecting society from any expression of fascist, neo-fascist or
similar nature.

Prohibition of the culture of hatred, intolerance and death Article 10.

No person or group of persons may promote, stimulate, facilitate, execute or
tolerate actions or omissions that favour or reproduce the culture of hatred,
intolerance, discrimination and death, violating the values and principles
contained in the Constitution of the Bolivarian Republic of Venezuela and this
Law.

Ban on fascist messages Article 11.

Providers of radio, television, electronic media and print media, whether public,
private or community, as well as social networks, must guarantee spaces free of
any fascist, neo-fascist or similar messages.

The dissemination or disclosure of propaganda, advertising and messages that:

1. Advocate or promote violence as a method of political action.

2. Promote or reproduce the culture of hatred, intolerance, discrimination and

death.

3. They denigrate democracy, its institutions and republican values.

4. Promote the suppression of rights and guarantees recognized in the

Constitution in favor of certain sectors of society, for discriminatory reasons.

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5. Exalt or praise the principles, facts, symbols and methods of fascism.
1,

Prohibition of meetings or demonstrations Article

12. Public meetings and demonstrations called for the purpose of promoting or
extolling fascism, neo-fascism and similar expressions are prohibited.

Public authorities shall take preventive measures to avoid or, where appropriate,
dissolve public meetings and demonstrations that have been called in violation of
the provisions of this Law, in accordance with the legislation regulating the
development of public meetings and demonstrations.

Prohibition of organizations Article

13. The promotion, constitution and operation of private legal entities, social
movements and organizations, as well as organizations with political purposes,
whose articles of incorporation, declarations of principles, political action
programs, statutes or activities promote, advocate or are based on fascism, neo-
fascism and similar expressions is prohibited.

Dissolution of social organizations Article

14. The courts of first instance with jurisdiction in minor matters eAn ~nmnetentec ñora
arAr~ar lo NicAlciAn rio loa nerennac

private law entities, social movements and organizations that promote,

advocate or are based on fascism, neo-fascism and similar expressions, in
accordance with the provisions of this Law. The case will be heard using the
summary procedure provided for in the Code of Civil Procedure. During the
judicial procedure, the right to defense and due process must be guaranteed.

Once the decision to dissolve is final, the procedures provided for in the
company bylaws will be followed to carry out the corresponding liquidation.

Cancellation of registration
Article 15. The National Electoral Council will cancel the registration of
organizations with political purposes whose articles of incorporation, declarations
of principles, political action programs, statutes or activities promote, advocate or
are based on fascism, neo-fascism and similar expressions, in accordance with
the law that regulates the constitution and operation of organizations with political
purposes.

If there are sufficient grounds to consider that there has been a breach of the
prohibitions established by law, the National Electoral Council may decide
preventively, from the beginning of the procedure and by means of a reasoned
act, to suspend the operation of the organization for political purposes.

Dissolution of organizations with political purposes

Article 16. The Constitutional Chamber of the Supreme Court of Justice may
decide to dissolve any organization with political purposes that promotes,
advocates or is based on fascism, neo-fascism and similar expressions.
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 The request will be submitted by the Public Prosecutor's Office and the
Constitutional Court will resolve the case with full guarantee of due process and
the right to defense.

Prohibition of access to public office Article

17. Those who, at any time before the election or access to public office, have
adopted conduct that directly promotes or defends fascism, neo-fascism and
similar expressions, will not be eligible for the elected positions provided for in the
PAnc+i+siiAn \l in law nor close car~Ae nlihlirne.

The challenge to the nomination of a candidate for reasons of ineligibility based

on the assumption of ineligibility provided for in this Law, shall be filed directly
before the Constitutional Chamber of the Supreme Court of Justice, which shall
resolve with full guarantee of due process and the right to defense of the
challenged candidate.

CHAPTER III
HIGH COMMISSION AGAINST FASCISM, NEO-FASCISM AND SIMILAR
EXPRESSIONS

High Commission
Article 18. The High Commission against Fascism, Neo-Fascism and Similar
Expressions is hereby created with the aim of advising and generating
recommendations regarding public policies and specific measures to protect
Venezuelan society from the emergence of any expression of fascist, neo-fascist
or similar nature and to preserve peaceful coexistence, public tranquility, the
democratic exercise of the popular will, the recognition of diversity, tolerance and
mutual respect.

The High Commission against Fascism, Neo-Fascism and Similar Expressions

may identify itself as the “High Commission against Fascism”.

Powers
Article 19. The High Commission against Fascism, Neo-Fascism and Similar
Expressions has the following powers:
'1

1. Recommend the policies, plans and actions necessary to protect Venezuelan

society from the emergence of any expression of fascist, neo-fascist or
similar nature and preserve peaceful coexistence, public tranquility, the
democratic exercise of the popular will, the recognition of diversity, tolerance
and mutual respect.

2. Establish principles and criteria for the coordination and orientation of State
policy, in relation to the protection of Venezuelan society from the
emergence of any expression of fascist, neo-fascist or similar nature.

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3. Prepare opinions and reports within the scope of its purpose.

4. Conduct the studies, diagnoses and evaluations necessary for the

formulation, execution and control of public policy aimed at preventing the
emergence of any expression of fascist, neo-fascist or similar nature and
preserving peaceful coexistence, public tranquility, the democratic exercise
of the popular will, the recognition of diversity, tolerance and mutual
respect.

5. Issue the acts necessary to fulfill its duties.

6. Approve its internal regulations.

7. Any others established by law or assigned by the President of the Republic.

Composition
Article 20. The composition of the High Committee against Fascism, Neo-
Fascism and Similar Expressions will be established and regulated by the
President of the Republic by Decree.

The High Commission against Fascism, Neo-Fascism and Similar Expressions

may invite or summon other officials or citizens to participate in the meetings
and discussions of the sessions as advisors, when deemed appropriate, taking
into account the specialty and discipline of knowledge they possess.

Executive Secretariat
Article 21. The High Commission against Fascism, Neo-Fascism and Similar
Expressions will have an Executive Secretariat that will be the operational body
and will be headed by an Executive Secretary, who will be appointed by the
President of the High Commission.

The Executive Secretary will have the work units or areas and the personnel
necessary to fulfill his or her functions. The Internal Regulations of the High
Commission shall establish the structure and functions of the Executive
Secretariat.

CHAPTER IV
SANCTIONS

Section
1Criminal sanctions

Fascist acts Article

22. Any person who requests, invokes, promotes or executes violent actions
as a means or way to exercise political rights will be punished with
imprisonment of eight to twelve years and political disqualification for the

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 duration of the sentence.

The same penalty will be imposed on any person who:

1. He denigrates democracy, its institutions and republican values.

2. Advocates the elimination of the rights and guarantees established in the

Constitution in favor of certain sectors of society, for discriminatory
reasons.

Apology for fascism

Article 23. Any person who advocates or promotes the principles, facts and
methods of fascism, neo-fascism and similar expressions will be punished
with imprisonment of six to ten years and political disqualification for the
duration of the sentence.

Any person who: will be punished with the same penalty.

1. Promote the creation of organizations that exalt, advocate or are based on

fascism, neo-fascism and similar expressions.

2. Call or organize public meetings or demonstrations with the aim of promoting

or extolling fascism, neo-fascism and similar expressions.

Special aggravating
circumstance Article 24. It will be considered an aggravating factor for any
punishable act that is committed or increased for fascist, neo-fascist or similar
reasons. In these cases, the applicable sanction will be the maximum limit of the
penalty established for the corresponding punishable act.

Public Prosecutor's Office

Article 25. It is the responsibility of the Public Prosecutor's Office to order and
direct the criminal investigation of the crimes provided for in this Law, in
accordance with the provisions of the Constitution of the Bolivarian Republic of
Venezuela and the Organic Code of Criminal Procedure.

Precautionary measures
Article 26. The competent judge may adopt, ex officio or at the request of the
Public Prosecutor's Office, at any stage or phase of the process, the
precautionary measures that are necessary to put an end to fascist, neo-fascist
and similar acts that violate the provisions of this Law, including the following:

1. Interruption of activities that promote fascism, neo-fascism or similar

expressions.

2. Suspension of calls, demonstrations or gatherings whose purpose is to

promote or glorify fascist, neo-fascist acts or similar expressions.

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 3. Any other measure tending to prevent the continuation of acts that violate
the legal system.

Second SectionAdministrative
sanctions

Financing of fascist organizations or activities Article 27. Natural

or legal persons who finance or support private law crimes or terrorism, as well as
social movements and organizations that promote, advocate or are based on
fascism, neo-fascism and similar expressions, will be sanctioned with a fine of
an amount in bolivars equivalent to between fifty thousand (50,000) and one
hundred thousand (100,000) times the highest exchange rate published by the
Central Bank of Venezuela.

The procedure for imposing the fine will be carried out by the Ministry of People's
Power with jurisdiction over matters of justice, in accordance with the summary
procedure established in the Organic Law of Administrative Procedures.

Disclosure of prohibited messages

Article 28. Radio and television service providers who broadcast advertising,
propaganda or messages that violate the prohibition provided for in article ?! 1 of
this Law, will be sanctioned with the revocation of the concession, in accordance
with the provisions of the special law that regulates the matter.

In the case of electronic media and print media, a fine will be imposed in the
amount in bolivars equivalent to between fifty thousand (50,000) and one
hundred thousand (100,000) times the highest exchange rate published by the
Central Bank of Venezuela.

The procedure for imposing fines on electronic media providers will be carried
out by the National Telecommunications Commission, in accordance with the
provisions of the special law that regulates the matter.

In the case of print media, the procedure will be conducted by the Ministry of
People's Power with jurisdiction over matters of justice, in accordance with the
summary procedure established in the Organic Law of Administrative
Procedures.

Preventive measures
Article 29. At the start of the administrative procedure for the imposition of
administrative sanctions provided for in this Law or during the processing of the
same, the administration may dictate the preventive measures that are
necessary to protect the injured parties.

Judicial Appeal
Article 30. A claim for annulment may be filed against the decision imposing
administrative sanctions before the National Courts of contentious-administrative
jurisdiction, within a period of thirty continuous days, counted from the date of

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notification of the act containing the sanction.

FINAL PROVISIONS

FIRST. This Law will enter into force from the date of its publication in the
Official Gazette of the Bolivarian Republic of Venezuela.

SECOND. All provisions contrary to this Law are hereby repealed.

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