Venezuela: Military service, including length of service, existence of alternative forms of service and penalties imposed on those who refuse to serve
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 18 December 2003 |
| Citation / Document Symbol | VEN42283.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Venezuela: Military service, including length of service, existence of alternative forms of service and penalties imposed on those who refuse to serve, 18 December 2003, VEN42283.E, available at: https://www.refworld.org/docid/403dd226c.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Military service is mandatory for men (Venezuela 11 Sept. 1978; CSC n.d.; ROLC 8 Jan. 1998; Red de Apoyo por la Justicia y la Paz 9 Dec. 2003), who are required to register with their local Conscription Board (Junta de Conscripción) no later than 60 days following their 18th birthday (Venezuela 11 Sept. 1978). While the period of service is two years (CSC n.d.; ROLC 8 Jan. 1998; Red de Apoyo por la Justicia y la Paz 9 Dec. 2003), men remain liable for reserve duty until they reach the age of 50 (Venezuela 11 Sept. 1978). The Law of Military Conscription and Enlistment (Ley de Conscripción y Alistamiento Militar) divides reservists into three groups: the First Reserve (Primera Reserva) consists of men who are not in active service and are no more than 30 years old; the Second Reserve (Segunda Reserva) consists of men between 31 and 40 years of age; and the Territorial Reserve (Reserva Territorial) consists of men between 41 and 50 years of age (ibid.).
In a 9 December 2003 telephone interview, the general coordinator of the Justice and Peace Support Network (Red de Apoyo por la Justicia y la Paz), a Caracas-based human rights organization, stated that exemption from military service is granted for a number of reasons, including a criminal record (antecedentes penales), physical disability or mental illness. As well, individuals can receive a deferment of their military service obligations while pursuing their education or if they are the sole provider of their family (Red de Apoyo por la Justicia y la Paz 9 Dec. 2003).
While the 1999 constitution theoretically allows for the possibility of an alternative to military service, in practice no alternative exists (ibid.). However, the general coordinator of the Justice and Peace Support Network added that the government is currently considering reforms to the Organic Law on the National Armed Forces (Ley Orgánica de las Fuerzas Armadas Nacionales) that would lead to the institution of an alternative service (ibid.). No additional information on this reform initiative could be found among the sources consulted by the Research Directorate.
Under the terms of the Law of Military Conscription and Enlistment, individuals who fail to register for military service are liable to a fine or imprisonment (Venezuela 11 Sept. 1978). However, according to the general coordinator of the Justice and Peace Support Network, in practice individuals who attempt to evade military service are not brought to trial (Red de Apoyo por la Justicia y la Paz 9 Dec. 2003). Rather, when such individuals are discovered by the police, they are normally handed over to the military authorities, who force them to fulfill their military service obligations (ibid.). While the general coordinator referred to instances in 1997 in which evaders were mistreated by the military, he noted that he was not aware of any recent cases of mistreatment (ibid.). The general coordinator also stated that since 2000 his organization has only received two reports of evaders being detained and subsequently forced to perform military service (ibid.). The lack of such cases may be attributed to the fact that in 2000, the authorities began paying conscripts the minimum wage, prompting many young people who are otherwise unable to find work to perform their military service (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Coalition to Stop the Use of Child Soldiers (CSC). n.d. "Venezuela."
Red de Apoyo por la Justicia y la Paz, Caracas. 9 December 2003. Telephone interview with the general coordinator.
Red de Objeción de Conciencia Latinoamericana y del Caribe (ROLC). 8 January 1998. "Venezuela."
Venezuela. 11 September 1978. Ley de Conscripción y Alistamiento Militar.
Additional Sources Consulted
IRB databases
Internet sites, including:
Asamblea Nacional
Frente Institucional Militar de Venezuela (FIM)
Programa Venezolano de Educación-Acción en Derechos Humanos (PROVEA)
Red de Apoyo por la Justicia y la Paz
Red de Objeción de Conciencia Latinoamericana y del Caribe (ROLC)
Tal Cual [Caracas]
El Universal [Caracas]. 1998-2003
War Resisters International (WRI)
World News Connection (WNC)
