Sentences of 30 years in prison for political crimes, perpetual disqualifications from holding public office and trials in absentia. The new laws passed in recent months that shield President Nicolás Maduro could now be complemented by his proposal to reform the Constitution, stoking fear of a “Nicaraguaization” of Venezuela.
“A great reform” to “beautify” the Constitution was Maduro’s banner when he was sworn in on Friday for a third term (2025-2031) amid questions from the opposition, which denounces fraud in the last presidential election and demands a victory of the exiled Edmundo González Urrutia.
“Maduro wanted to hold Hugo Chávez-style elections, in which a village bath was held (…) Since Hugo Chávez’s formula did not work for him, he opted for Daniel Ortega’s modelwhich is stealing an election and persecuting all opponents,” Arturo McFields, former Nicaraguan ambassador to the Organization of American States, told the AFP agency.
Ortega and his wife, Rosario Murillo – who holds the bizarre position of “co-president” – promoted a constitutional reform in 2024 that gave them absolute control of the powers of the State in Nicaragua. Hundreds of opponents have been arrested and forced into exile and many, like McFields himself, have even been stripped of their nationality.
“Here is the hero, here is the revolutionary Nicolás Maduro Moros, and here is Chávez, and here is Bolívar,” Ortega exclaimed from a platform where he accompanied the Venezuelan president to celebrate his swearing-in.
Although It is not known which articles of the Constitution the Maduro reform will propose to change the leftist president has announced that the objective is to reinforce the power of the communes, civil organizations created by Chavismo in charge of tasks such as the distribution of subsidized food and the recruitment of voters.
The Government has been approving direct resources for the execution of community projects for months, which the opposition sees as a way of taking power away from elected officials such as governors and mayors.
Nicaragua approves a reform that strengthens the powers of the president and his wife
Meanwhile, the parliament controlled by the ruling party has already approved laws that activists consider violate fundamental rights.
“Unfortunately we are here paving the way for a Nicaraguanization of Venezuela”commented Alí Daniels, director of the NGO Access to Justice, in a meeting with international correspondents.
The Maduro Government has already been accused of serious human rights violations. The International Criminal Court (ICC) is investigating him for crimes against humanity.
However, Daniels maintains that The new package of laws imposed in Venezuela “will worsen even more” the situation for opponents, and will close the spaces that civil society barely maintains.
Laws at discretion to control opponents
The package of laws came after protests broke out against his re-election, leaving 28 dead, almost 200 injured and more than 2,400 detained. Maduro blamed the opposition for the deaths and denounced a plot led by the United States, which has imposed sanctions against his government.
In November, the unicameral National Assembly approved a law that punishes “any person who promotes, instigates, requests, invokes, favors, facilitates, supports or participates” in the adoption of international sanctions with a sentence of 25 to 30 years in prison.
This legislation provides for trials in absentia, which Daniels highlights is prohibited by the Constitution, and establishes disqualifications.
“It is very clear and forceful about the sanctions, there is no doubt, but It is too vague to define what it is going to punish“says Daniels when questioning the ambiguity of the law.
“For example, it considers indirect participation in coercive measures punishable, but what is indirect participation? It does not define it (…). The system is given enormous discretionary power. An official can crush you with a finger,” he emphasizes.
The space for discretion is a common criticism in other legislation promoted by Chavismo.
In August, Parliament approved a law to supervise Non-Governmental Organizations that requires them to declare sources of financing, especially if they come from abroad. “It formalizes the persecution of civil society organizations,” criticized Oscar Murillo, coordinator of the human rights NGO PROVEA.
Meanwhile, it awaits its turn to be approved. “law against fascism” -a term that Chavismo uses to refer to opponents-, which proposes the illegalization of political parties that promote “fascist activities.”
“We are all against fascism. The problem is that the Government usually describes any act of the opposition as ‘fascist’,” Daniels warns.