The terms “homosexuality” and/or “homosexuals” do not appear anywhere in Venezuelan (criminal) law. Homosexual acts are not punishable and the sources consulted make no mention of judicial and/or police prosecution of sexual minorities or transgender persons solely on the basis of their sexual orientation and/or gender identity. With the abolition of Article 565 of the Military Penal Code in February 2023, homosexuality has been completely decriminalised in Venezuela.
However, no progress has been made in other areas. Same-sex couples cannot marry and transgender people cannot legally change their gender. The growing influence of evangelical churches on the ruling party is a contributing factor. These churches and the authorities further strengthened their ties in the run-up to the presidential elections on 28 July 2024.
The repressive climate has intensified since the presidential elections of July 2024 and the sources consulted consider the general human rights situation to be worrying. According to a United Nations (UN) fact-finding mission and human rights organisations, arbitrary arrests, torture and sexual violence are part of a government policy to suppress dissent. Reports of sexual and gender-based violence by law enforcement agencies during arrests and detentions have also emerged, including incidents involving LGBT individuals. Since the build-up to the presidential elections, there has been an increase in conservative and anti-LGBT+ rhetoric in public discourse. Senior government officials, including Attorney General Tarek William Saab, have openly engaged in hate speech against transgender people. This rhetoric, amplified by the media and social networks, contributes to stigmatisation and violence.
Since the introduction of the anti-NGO law in November 2024, civil society organisations, including LGBT associations, have faced severe restrictions. Organisations are losing their legal status or ceasing their activities for fear of persecution. Since August 2024, activists have reported the targeted persecution of LGBT+ leaders, prompting many to seek exile. Coverage of LGBT issues has declined sharply since July 2024 due to self-censorship and the closure of independent media outlets. Events such as the 2025 Pride march are receiving less media attention due to fears of repression. Reporting on violent incidents against the LGBT+ community has also declined sharply. Due to limited reporting, the closure of these NGOs, and the departure of their leaders, even less information is available about violence and discrimination against the LGBT+ community. The authorities have not reported on such incidents for years. Between 1 October 2023 and 30 September 2024, the organisation Trans Europe and Central Asia (TGEU) recorded four murders of transgender people.
According to the sources consulted, sexual minorities and transgender people can report discrimination and other abuses. However, several sources highlight the low level of trust in Venezuela's legal system, resulting in many members of the LGBT community not reporting incidents. These individuals are also often afraid to file complaints for fear of stigmatisation. There have also been cases of discrimination, verbal abuse, humiliation, extortion and mistreatment at the hands of the authorities.
The sources consulted also cite discrimination in public spaces, at work, and within the healthcare system. The healthcare system is in crisis, with antiretroviral drugs for people with HIV and hormone treatments being virtually unavailable. Transgender individuals encounter additional barriers when trying to access food parcels and essential services due to identity documents that do not align with their gender identity.
Policy
The policy implemented by the Commissioner General is based on a thorough analysis of accurate and up-to-date information on the general situation in the country of origin. This information is collated in a professional manner from various, objective sources, including the EUAA, the UNHCR, relevant international human rights organisations, non-governmental organisations, professional literature and coverage in the media. When determining policy, the Commissioner General does not only examine the COI Focuses written by Cedoca and published on this website, as these deal with just one aspect of the general situation in the country of origin. The fact that a COI Focus could be out-of-date does not mean that the policy that is being implemented by the Commissioner General is no longer up-to-date.
When assessing an application for asylum, the Commissioner General not only considers the actual situation in the country of origin at the moment of decision-making, he also takes into account the individual situation and personal circumstances of the applicant for international protection. Every asylum application is examined individually. An applicant must comprehensively demonstrate that he has a well-founded fear of persecution or that there is a clear personal risk of serious harm. He cannot, therefore, simply refer back to the general conditions in his country, but must also present concrete, credible and personal facts.
There is no policy paper for this country available on the website.