In a country ranking at the bottom of the World Justice Project’s Rule of Law Index, where the Supreme Court of Justice imposes bans on leaving the country and authorizes the stripping of the parliamentary immunity of the National Assembly President and Interim President of the country without publishing those orders, as official disinformation spreads, the obscurity now has a new ally: the Official Gazette.
An investigation by Access to Justice revealed that 15 extraordinary Official Gazettes have not been published between December 20, 2018 and May 30. They are also not available in hard copy at the headquarters of the National Press, the agency that issues this publication. This is not a minor issue if we take into account that these unpublished or undisclosed extraordinary gazettes represent over 36% of the total gazettes during the investigation period.
Not publishing the Official Gazette is an act with very direct and important consequences on the lives of Venezuelans. If a decree or significant decision from the State branches is not published then it simply does not exist. The Official Gazette is the institutional vehicle for informing Venezuelans that a law or other judicial legislation, such as a presidential decree or any other judicial action, from a State body has come into effect and are applicable.
Article 215 of the Constitution establishes that “the law shall be enacted upon publication with the corresponding ‘It is ordered’ in the Official Gazette of the Bolivarian Republic of Venezuela.” In addition, Article 1 of the Civil Code states, “The Law is binding upon its publication in the Official Gazette or from an earlier date established therein.”
Therefore, the publication of legislation and judicial decisions in this instrument is not a mere formality. First, it provides certainty for the application of new legislation, what they are, and what they entail, and second, it allows for its dissemination through different media and social networks so that the legislative actions or decisions can be made known to the majority of the population.
And so when the Venezuelan political regime dictates legislative actions and does not publish them, against their constitutional obligation, it violates the right of all citizens to know the laws that apply to them, it leaves them defenseless and unaware of what legislation to abide by, and most of all, it affects the most vulnerable population, who do not have access to any information other than the State-controlled media, which are usually complicit in the government’s silence.
Disinformation creates an environment conducive to speculation and deceit, sending the country back to the times of the most primitive Caudillismo, when the law only existed through the voice of the “strongman,” demonstrating that the lack of respect for the Law in Venezuela has reached such extremes that even the Official Gazette is a nuisance to the regime.
During this investigation, Acceso a la Justicia visited the National Press headquarters to seek out the gazettes they had identified as unpublished on the website. None of the copies requested were available for purchase.
For example, the Budget Act for the 2019 Fiscal Year corresponding to Extraordinary Official Gazette No. 6.416 has not been published and was not available in hard copy. That is to say, even though it was announced by the National Executive, for legal purposes, it does not exist.
It is the same case with Extraordinary Official Gazette No. 6.417, corresponding to the Special Law of Annual Indebtedness for the 2019 Fiscal Year, as it was not published either nor is it possible to locate. It is also important to note that neither of these two laws were submitted to the National Assembly for approval, as set forth in the Constitution.
So, the following questions arise: Do these gazettes exist or not? Why are some on sale and others not? Is some content being hidden from Venezuelan citizens? Unfortunately, there is no satisfactory answer, and to attempt to answer would only lead us to the disheartening area of speculation.
Delayed Gazettes
These delayed gazettes are in addition to what has happened with other legislative acts, like the last minimum salary increase, that was “leaked” by several media outlets, but was not published in the Official Gazette until several days after its supposed announcement in the media. This left a large number of employees and employers in limbo, as they required legal certainty to continue the heroic effort of carrying out a productive workday in Venezuela.
Therefore, when we head to the web pages that publish the Official Gazette, that is, the official portals of the National Press and the Supreme Court of Justice, we find no indication of the existence of some of these gazettes, even though there is a gap in the numbering with no explanation.
Just as serious as the aforementioned is the fact that not only is the obligation to publish the gazette ignored, but also the Government’s decisions are publicized through unofficial channels or through social media platforms that are not accessible to the majority of the population, as they require having a smartphone, a true luxury these days.
An example of this is the announcement made on the regulation of working hours through the Twitter account of Jorge Rodriguez, current Minister of Information and Communication. In a tweet on May 1st, Rodriguez “informed” the public that the work day would be decreased until 2 in the afternoon due to the electricity crisis. This decision was not materialized in the Gazette until two weeks later, which worsened the judicial chaos that we find ourselves in, and it indicates how the Law in Venezuela has been reduced to whatever the group that wields power can arbitrarily decide and post in 240 characters.
The fifteen (15) extraordinary gazettes with unknown locations or contents are:
No. 6.416. Budget Act for the 2019 Fiscal Year. Its existence is known because (i) Gazette No. 41.550 of 12/20/2018 mentions it and (ii) because of the commotion caused due to it not being approved by the National Assembly as set forth in article 313 of the Constitution.
No. 6.417. Special Law of Annual Indebtedness for the 2019 Fiscal Year. Its existence and supposed contents are mentioned in Gazette No. 41.550 of 12/20/2018, added to the fact that it was not submitted to approval by the National Assembly, in breach of article 312 of the Constitution.
No. 6.421. Unconfirmed existence. In the summary of Gazette No. 41.554 of 12/28/2018, there are references to extraordinary gazettes No. 6.420 and 6.422, although 6.421 is not mentioned.
No. 6.426. Unconfirmed existence. It is known that 6.425 was published on 01/22/2019 and 6.427 was disseminated on 01/29/2019.
No. 6.432. Unconfirmed existence. It is known that 6.431 was published on 02/27/2019 and 6.434 was disseminated on 03/13/2019.
No. 6.433. Unconfirmed existence. It is known that 6.431 was published on 02/27/2019 and 6.434 was disseminated on 03/13/2019.
No. 6.440. Unconfirmed existence. It is known that 6.439 was published on 03/29/2019 and 6.442 was disseminated on 04/03/2019.
No. 6.441. Unconfirmed existence. It is known that 6.439 was published on 03/29/2019 and 6.442 was disseminated on 04/03/2019.
No. 6.444. Unconfirmed existence. It is known that 6.443 was published on 04/03/2019 and 6.445 was disseminated on the same date, that is, 04/03/2019.
No. 6.447. Unconfirmed existence. Dissemination of 6.446 occurred on 04/08/2019, while 6.448 has a date of publication of 04/13/2019.
No. 6.449. Unconfirmed existence. Its predecessor, 6.448 was published on 04/13/2019, while 6.450 is dated 04/17/2019.
No. 6.451. Unconfirmed existence. Preceded by 6.450 dated 04/17/2019 and succeeded by 6.452 dated 04/25/2019.
No. 6.453. Unknown existence. It is known that gazettes 6.452 and 6.455 were published on 04/25 and 05/07/2019, respectively.
No. 6.454. Presumed existence. It is known that is dated 04/29 but it has not been disseminated by official means.
No. 6.456. Uncertain existence. It is known that Gazette 6.455 was disseminated on 05/07/2019, while 6.457 has a date of publication of 05/23/2019.
And how does this affect you, Venezuelan citizen?
When a political regime like the one in Venezuela does not care whether its citizens are informed about important decisions, such as the public budget, minimum salary increases, and other workers’ benefits, or when the workday is decreased through a tweet, it evidently does not respect even the most basic elements of the rule of law, such as legal certainty.
Access to Justice, is a non-profit, private and independent civil association, founded in 2010 by Venezuelans committed to the defense of justice, the rule of law, the separation of powers, judicial independence, democracy, freedom and human rights in Venezuela.
