Venezuela’s highest court upholds ban on opposition presidential candidate Machado

The prospect of a free presidential election in Venezuela was dealt a heavy blow Friday when the country’s highest court upheld a ban on the candidacy of María Corina Machado, a longtime government foe and winner of the primary held by the opposition faction backed by the United States.

The ruling came months after President Nicolás Maduro and the U.S.-backed opposition reached an agreement aimed at leveling the playing field ahead of the election later this year. The deal led Washington to ease economic sanctions on Maduro’s government.

Machado, a former lawmaker, won the opposition’s independently run presidential primary in October with more than 90% of the votes. Her victory came despite the government announcing a 15-year ban on her running for office just days after she formally entered the race in June. 

She was able to participate in the primary election because the effort was organized by a commission independent of Venezuela’s electoral authorities. She insisted throughout the campaign that she never received an official notification of the ban, and said that voters, not ruling-party loyalists, are the rightful decision-makers of her candidacy.

After the court issued its ruling, Machado tweeted that her campaign’s “fight to conquer democracy through free and fair elections” is not over. 

“Maduro and his criminal system chose the worst path for them: fraudulent elections,” she wrote. “That’s not gonna happen.”


She did not offer any details of her next steps, and her campaign declined to comment.

Machado had filed a claim with Venezuela‘s Supreme Tribunal of Justice in December arguing the ban was null and void and seeking an injunction to protect her political rights.

Watch moreVenezuela opposition leader Machado: ‘The Maduro regime is in its weakest position ever’

 

Instead, the court upheld the ban, which alleges fraud and tax violations and accuses her of seeking the economic sanctions the U.S. imposed on Venezuela last decade. 

The U.S. eased some of the sanctions on Venezuela’s oil, gas and mining industries in October after Maduro’s government and the opposition group known as the Unitary Platform signed the agreement addressing electoral conditions. The accord also led to a swap of prisoners between Washington and Caracas in December. 

The deal signed on the Caribbean island of Barbados narrowed the scheduling of the presidential election to the second half of 2024 and called on both sides to “promote the authorization of all presidential candidates and political parties” to participate as long as they comply with the law. The latter provision prompted the government to allow candidates to appeal their bans.

The administration of U.S. President Joe Biden has threatened to reverse some of the sanctions relief if Maduro’s government fails to lift bans preventing Machado and others from running for office, and if it fails to release political prisoners.

The U.S. State Department did not immediately comment on the court’s action.

Geoff Ramsey, senior analyst on Venezuela at the Atlantic Council think tank, said Maduro’s government was never going to let Machado be a presidential candidate because “her popularity makes her too much of a threat.”

“The timing of this will make it almost impossible for the U.S. government to ignore,” he said. “The problem for Washington is that it’s essentially run out of ways to pressure Maduro. How do you threaten a regime that’s already endured multiple coup attempts and years of crippling sanctions?”

The harshest sanctions were imposed after Venezuela’s last presidential election, which was widely considered a sham and cost Maduro international recognition as the country’s legitimate leader. 

The U.S.-backed opposition stunned its allies and adversaries when more than 2.4 million people voted in the primary, including in neighborhoods long considered strongholds of the governing party. The high turnout came amid Venezuela’s continuing economic struggles and despite government efforts to discourage participation.

After the vote, Maduro and his allies called the opposition’s primary fraudulent. Attorney General Tarek William Saab opened criminal investigations against some of the organizers and later issued arrest warrants for some of Machado’s collaborators.

Over the past two weeks, Maduro, Saab and Jorge Rodriguez, the leader of the National Assembly and the government’s chief negotiator, have linked opposition supporters and people close to Machado to a number of alleged conspiracies they claim were devised to assassinate the president and his inner circle.

Rodríguez, without mentioning Machado, tweeted Friday that “despite the serious threats from far-right sectors against the peace of the Republic,” referring to the alleged conspiracies, “the mechanism established within the framework of the Barbados Agreements has been met.”

Rodríguez vowed to hold the presidential election this year. Maduro will be seeking to add six more years to his decade-long presidency marked in its entirety by political, social and economic crisis. Under Maduro’s watch, millions of Venezuelans have fallen into poverty and more than 7.4 million have migrated.

A U.N.-backed panel investigating human rights abuses in Venezuela in September determined that Maduro’s government has intensified efforts to curtail democratic freedoms ahead of the 2024 election. That includes subjecting some politicians, human rights defenders and other opponents to detention, surveillance, threats, defamatory campaigns and arbitrary criminal proceedings.

Election campaigns in Venezuela typically involve handouts of free food, home appliances and other goods on behalf of governing party candidates, who also get favorable state media coverage. Opposition candidates and their supporters struggle to find places to gather without harassment from government activists and to get fuel to travel across the country. 

A common government practice for sidelining adversaries is to ban them from public office, and it is not limited to presidential contests. 

Such a ban was used retroactively in 2021 to remove gubernatorial candidate Freddy Superlano when he was ahead of a sibling of the late President Hugo Chávez but had not yet been declared the winner. Superlano’s substitute was also kept off the ballot via a ban. 

The court on Friday also upheld a ban on former governor and two-time presidential candidate Henrique Capriles, who dropped out of the primary race before the vote.


“What they will never be able to ban is the Venezuelans’ desire for CHANGE,” Capriles tweeted. “… Today more than ever, let nothing and no one take us off the electoral route.”

(AP)



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Venezuela’s Zolfaghar boats are just the latest military equipment provided by Iran

Venezuelan President Nicolas Maduro launched military exercises near the border with Guyana on December 28, following weeks of crisis between the neighbouring countries over the Essequibo region. Amid the growing tensions, it emerged that Venezuela is in possession of Iran-made combat boats. The news isn’t surprising, given that Iran has provided the Venezuelan army with boats, drones, rockets and missiles for years.

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For decades, Venezuela has tried to claim Essequibo, a 160,000 km2 territory that is part of neighbouring Guyana. Rich in petrol and natural resources, this region represents two thirds of the overall surface area of Guyana. About a fifth of Guyana’s population lives in this contested region.

Tensions over Essequibo ratcheted up in September after Guyana made a call for bids from oil companies to exploit the region.  

The situation got worse after Venezuela held a controversial referendum on December 3, asking the population about its claim on Essequibo. Maduro then ordered the state oil company to issue licenses authorising Venezuela to exploit the resources of the contested region. 

Though the leaders of Venezuela and Guyana declared in mid-December that they had agreed not to use force against one another, on December 28 Maduro launched military exercises that involved bringing around 5,600 troops to the border region with Guyana. He called it a “response to provocation” by the United Kingdom, after the British sent the warship HMS Trent to Guyana. Georgetown said that the patrol vessel was going to participate in planned routine exercises.

Rapid Iranian combat vessels

It’s in this context that a video appeared on social media in late December showing Iranian combat vessels known as “Zolfaghar boats” filmed at the Puerto Cabello naval base in Venezuela.


This video was filmed in late December in the Puerto Cabello naval base in Venezuela.

The Zolfaghar boats are considered to be fast patrol crafts and can reach up to 52 knots per hour (or 96 km/h). They aren’t the fastest combat ships, but they are comparable to those used by Western countries. The Venezuelan Navy already showed off last summer that they were in possession of Zolfaghar boats.

On the left is the photo of Zolfaghar boats that the Venezuelan Navy publicised during the summer of 2023. On the right is a photo of Zolfaghar boats in the Persian Gulf that was published by Tasnim News, a media outlet with ties to the Revolutionary Guards, back in 2018. © France 24 Observers

There isn’t anything surprising about seeing Iranian boats in Venezuela. Iran and Venezuela have long enjoyed a good relationship, especially after former Venezuelan president Hugo Chávez came to power in 1999. The two countries became even closer in 2005 when Iranian president Mahmoud Ahmadinejad took office as both leaders were anti-American and populist.

Slowly but surely, the two countries have developed their military cooperation. Iran first provided Venezuela with weapons in 2008. Aside from the Zolfaghar boats, Iran has also provided Venezuela with drones, rockets and missiles. The FRANCE 24 Observers team has compiled a list of some of the Iranian weapons that Venezuela has in its arsenal after studying images shared by the army and media.

Iranian drones, rockets and missiles in Venezuela

1 – Drones

Exporting drones has become one of Tehran’s specialties. A number of armed groups in places like Libya, Yemen, Iraq, Lebanon and Gaza use Iranian drones, as do countries like Russia, Syria, Sudan, Ethiopia, Tajikistan and Venezuela.

Read moreInside the arsenal: Iranian-sourced weapons used in Hamas and Islamic Jihad’s Israel assault

ANSU-200

Though Venezuela claims that the ANSU-200 is “homemade”, it is actually a copy of the Iranian Shahed 161 drone from the Simorgh drone family. These drones are themselves copies of the American RQ-170 drone. ANSU-200 is a reconnaissance drone with what are known as flying wings.

The image on the left is a screengrab showing a ANSU-200 drone on display in a military parade in Venezuela back in 2022 (screengrab of a video). The image on the right shows an Iranian Shahed 161 drone on display at a military expo in Iran in February 2023.
The image on the left is a screengrab showing a ANSU-200 drone on display in a military parade in Venezuela back in 2022 (screengrab of a video). The image on the right shows an Iranian Shahed 161 drone on display at a military expo in Iran in February 2023. © X / Venezuelan Ministry of Defence, Mizan.

ANSU-100

The ANSU-100 is an Iranian attack drone assembled in Venezuela using Iranian pieces. While Venezuela calls the drone the ANSU-100, its real name, in Iran, is Mohajer-2. Mohajer drones have been developed and made in Iran since the late 1980s.

The image on the left features an ANSU-100 drone in a military parade in Venezuela in 2022. The image on the right shows a ANSU-100 drone in a military expo in Venezuela in 2021.
The image on the left features an ANSU-100 drone in a military parade in Venezuela in 2022. The image on the right shows a ANSU-100 drone in a military expo in Venezuela in 2021. © France 24 Observers

This is a photo of the Mohajer-2 drone taken during an exercise in Iran in 2016.
This is a photo of the Mohajer-2 drone taken during an exercise in Iran in 2016. © Tasnim

ANSU

The ANSU is a small mobile reconnaissance drone called a “Yazdan”. Once again, it is an Iranian-made drone.

The image on the left shows a military expo in Venezuela in July 2023. The image on the right shows a
The image on the left shows a military expo in Venezuela in July 2023. The image on the right shows a “Yazdan” drone on display in a military parade in Iran in 2022. © ISNA (photo on the right)

ANSU-500

This is an Iranian VTOL (vertical take off and landing) attack drone. It can carry four small bombs. Even though this model is called the ANSU-500 by Venezuela, its name in Iran is the “Shahin VTOL”.

The image on the right shows the “Shahin” drone on display by the Iranian military industry during a military expo in Belarus in May 2023. The image on the right shows the ANSU-500 drone in a military expo in Venezuela in 2023.
The image on the right shows the “Shahin” drone on display by the Iranian military industry during a military expo in Belarus in May 2023. The image on the right shows the ANSU-500 drone in a military expo in Venezuela in 2023. © Oswaldo Monterola (photo at right).

Mohajer-6

The Mohajer-6 is a reconnaissance and attack drone that Iran has given to Venezuela. Even though it isn’t Iran’s most powerful attack drone, it can carry bombs or missiles.

On the left is an image of the Iranian Mohajer-6 drone in Venezuela in 2020. The image on the right shows the Iranian Mohajer-6 drone in a photo published in 2018 by Iranian news agencies.
On the left is an image of the Iranian Mohajer-6 drone in Venezuela in 2020. The image on the right shows the Iranian Mohajer-6 drone in a photo published in 2018 by Iranian news agencies. © France 24 Observers

2 – Missiles and rockets

Fajr-1 rockets and rocket-launchers

This is an old rocket launcher developed by Iran in the 1980s. Venezuela has equipped a number of its military vehicles and boats with this type of rocket launcher. The Fajr-1 is a 107 mm rocket. It can shoot more than eight kilometres. It’s an imitation of the “Type-63” Chinese rockets which were built in China in the 1960s. 

These are Fajr-1 rocket launchers that were on display during military parades and military exercises in Venezuela in 2022.
These are Fajr-1 rocket launchers that were on display during military parades and military exercises in Venezuela in 2022. © Prensa FANB

موشک‌های Fajr-1 در قایق‌های IRGC، عکس گرفته شده در خلیج فارس در سال ۲۰۱۲. AFPموشک Fajr-1 در یک نمایشگاه نظامی در سال ۲۰۰۹ در ایران
The image on the left shows a Fajr-1 rocket launcher on display during a military expo in Iran in 2009. The image on the right shows Fajr-1 rocket launchers on boats belonging to Guardians of the Revolution in the Persian Gulf in 2012. © AFP (photo on the right).

Ghaem-1

Iran developed the Ghaem-1, which is a “Smart Miniature Bomb”. Weighing only 12kg, it can be carried by attack drones. It can hit targets between 12 to 40km away.

The image on the left shows the Ghaem-1 bomb on display during a Venezuelan military expo in 2021. The image on the right shows a Ghaem-1 bomb on display at a military expo in Iran in 2022.
The image on the left shows the Ghaem-1 bomb on display during a Venezuelan military expo in 2021. The image on the right shows a Ghaem-1 bomb on display at a military expo in Iran in 2022. © Iranian state media outlets (image on the right)

Nasr cruise missile

The Nasr is an Iranian short-range, anti-ship cruise missile, designed to be used from combat vessels. It can destroy small combat ships up to 35km away. Several images show that a number of Venezuelan combat ships are equipped with this system.


This shows a Nasr missile being fired in Venezuela during military exercises in July 2023.

This Iranian military ship fired this Nasr missile during an exercise in 2020.
This Iranian military ship fired this Nasr missile during an exercise in 2020. © ISNA

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Essequibo referendum: Is Venezuela about to seize part of Guyana?

Venezuelan President Nicolas Maduro is organising a referendum on Sunday to decide whether to create a new state in the Essequibo territory, an area currently under the control of neighbouring Guyana. Does Caracas have the means for its territorial ambitions, or is it just political grandstanding?

On December 3, Venezuelans vote for or against the creation of a new Venezuelan state in the Essequibo region. In the eyes of Venezuelan authorities, it is a “consultative” referendum designed to put an end to over 200 years of territorial conflict. 

However, there is one big problem: the land Venezuela wants to potentially extend control over is recognised by the international community as a part of neighbouring Guyana – a sparsely populated country with some 800,000 inhabitants.

The issue has become an obsession for populist President Nicolas Maduro, who often repeats the phrase “El Essequibo es Nuestro” [The Essequibo is ours] in his speeches.

Among four other questions, the referendum asks citizens whether they favour “the creation of the Essequibo state and the development of an accelerated plan for comprehensive care for the current and future population of that territory”.

The outcome of the vote is hardly in doubt according to French daily Le Monde, which reported Thursday that the referendum “will take place without observers” and that no one dared to campaign for the “no” vote.

This situation is causing concern for Guyana’s leaders. Caracas is threatening to deprive its eastern neighbour of more than half of its territory and to make the approximately 200,000 inhabitants of Essequibo Venezuelan citizens.

“The long-term consequences of this referendum could be Venezuela’s de facto annexation of a region which covers 160,000 square kilometers, a significant portion of Guyana [215,000 km²],” says Annette Idler, associate professor at the Blavatnik School of Government at the University of Oxford and a specialist in international security.

On top of significant gold, diamond, and aluminium deposits, the Essequibo has become an offshore paradise for oil and gas interests. Since Exxon discovered hydrocarbon deposits off the coast, black gold has given an unprecedented boost to the economy, raising Guyana’s GDP by no less than 62 percent in 2022.

© Guillermo Rivas Pachecor, Paz Pizarro, Jean-Michel Corbu, Patricio Arana, AFP

Writing in 2015, an American specialist in Latin America, Jose de Arimateia da Cruz, argued the discovery of these underwater oil reserves “strengthened Venezuela’s determination to support its territorial claims on this region”.

The Venezuelan government has been particularly angered by Exxon’s choice to negotiate exclusively with the Guyanese government, suggesting that the US oil giant recognised Guyana’s sovereignty over these waters and the Essequibo region.

A territorial dispute dating back to 1811

The territorial dispute over Essequibo dates back to the colonial era. In 1811, when Venezuela proclaimed its independence, it believed the region was part of its territory. Despite the claims, the United Kingdom, which occupied the territory of present-day Guyana, placed the region under the authority of the British crown. In 1899, an arbitration court ruled in favour of the UK, even though the United States had supported Caracas.

The dispute resurfaced in 1966 when Guyana gained independence. The Geneva Agreement, signed by the UK, Venezuela, and British Guiana, urged countries to agree to a peaceful resolution through dialogue, but Guyana has since sought a resolution through the International Court of Justice (ICJ) – a procedure which Venezuela rejects. 

If the Venezuelan government is pushing for a referendum now, it is partly “because the International Court of Justice declared itself competent in April to settle the dispute”, says Idler.

Maduro does not want to recognise the ruling of the ICJ – a branch of the UN with nonbinding legal authority. He even called on United Nations Secretary-General Antonio Guterres to mediate between Venezuela and Guyana.

Venezuela's President Nicolas Maduro casts his vote during a consultative referendum on Venezuelan sovereignty over the Esquiba region controlled by neighbouring Guyana, in Caracas on December 3, 2023
Venezuela’s President Nicolas Maduro casts his vote during a consultative referendum on Venezuelan sovereignty over the Essequibo region, controlled by neighbouring Guyana, in Caracas on December 3, 2023. © Venezuelan Presidency via AFP

There is also – perhaps most importantly – a domestic political element to the referendum. “We must not forget that the presidential election takes place in a year, and Nicolas Maduro is trying to rally support around him by playing to the national sentiment of voters,” explains Idler.

By presenting himself as the champion of nationalism, “he puts the opposition in a delicate position”, she adds. What’s more, “some observers believe he could escalate the situation with Guyana to declare a state of emergency and cancel the presidential election if necessary”.

Faced with the Venezuelan threat, Guyana is relying heavily on international law. A case was referred to the ICJ on October 3 to prevent Caracas from proceeding with its referendum. 

On Friday, the ICJ called on Caracas to take no action that would modify the disputed lands – but it did not mention the referendum.

Is Maduro bluffing?

The risk is that Venezuela may want to take advantage of international attention being focused on two major conflicts in Ukraine and Gaza. Venezuelan troops are already on the border with Guyana “carrying out anti-illegal mining activities”, reports the Financial Times.

If Venezuela were to genuinely attempt to annex Essequibo, “it could destabilise the entire region”, says Idler. Countries like Brazil or Uruguay could be forced to choose sides in this territorial conflict.

But the annexation threat could also be a bluff. Venezuela may not have the means to seize the territory, says Idler. “The authorities exercise limited control over the border regions from where Caracas would need to launch troops to take possession of this region.”

Venezuela’s president knows that such a move would prompt the United States to reimpose the sanctions that Washington has just lifted on oil exports, says Idler. Economically very fragile, Venezuela may think twice before taking such a risk.

Regardless of how the roughly 20 million eligible Venezuelans vote, little will change in the short term – the people of Essequibo are not voting, and the referendum is nonbinding.

Either way, says Idler, Maduro can hardly afford to act on his nationalist impulse.

“He will then have to choose between discrediting himself in the eyes of voters and facing new American sanctions.”

This article was translated from the original in French.

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Arrests highlight the growing ‘criminalisation’ of LGBT+ people in Venezuela

Thirty-three people were arrested in a popular spot among the LGBT+ community in Valencia, Venezuela on July 23. After the arrest, the people’s names, photos and ID cards were shared in the media and online. Since being released, they are still awaiting legal proceedings. Venezuelan associations have denounced what they see as a growing trend of “criminalisation” of LGBT+ individuals and institutionalised homophobia in Venezuela. 

Issued on:

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On July 23, police arrested 33 people at the Avalon Man Club, a private sauna and spa frequented by the LGBT+ community in Valencia, in the northern Venezuelan state of Carabobo. The operation was allegedly carried out after an anonymous tip-off.

The people were taken to the police station, where they were photographed lined up along a wall. Police photographed their belongings, including identity papers, mobile phones and condoms. These images were shared in the local media and on social networks with their identities left unredacted. Their names and ages were shared publicly as well. 

These photos of the 33 people arrested in Valencia, Venezuela, on July 23 were distributed without redaction (black bars added by the FRANCE 24 Observers team). Observers

This photo showed the mobile phones and identity documents of the people arrested in Valencia, Venezuela, on July 23, as well as condoms. Blurring added by the FRANCE 24 Observers team.
This photo showed the mobile phones and identity documents of the people arrested in Valencia, Venezuela, on July 23, as well as condoms. Blurring added by the FRANCE 24 Observers team. Observers

‘The police and local media have stigmatised and criminalised them’

Jau Ramírez is the director of SOMOS, a movement working for the rights of sexual minorities in Venezuela.

These 33 people were arrested arbitrarily, without a judicial warrant or search warrant. What’s more, the police and local media then spread personal information about them and declared that one of them had HIV, in order to stigmatise them, criminalise them, give the impression that they were a danger to society, and thus justify the violation of their rights. At first, it was even said that they were taking part in an orgy and filming pornographic scenes…

A number of journalists’ organisations have also criticised the way in which certain media outlets have handled the case, adopting all the information provided by the police.

On Twitter, the National College of Journalists (CNP) said that “reproducing information that stigmatises and denigrates the people involved” was a “violation of human rights”, and pointed out that the media should “respect the presumption of innocence and protect the identity of anyone accused of illegal acts”.


In this video broadcast on July 26, the men arrested in Valencia are transported by the police in pick-ups.

Charged with, among other things, public indecency

On July 26, the 33 people were taken to the Valencia courthouse. The court upheld three charges brought by the public prosecutor against them: public indecency – an offence punishable by several months in prison – as well as unlawful association and noise pollution. At the end of the hearing, 30 of them were released, but with the obligation to report to the authorities every 30 days.


“Justice, justice”, chanted people gathered outside the Valencia courthouse as the arrested men got off a bus on July 25, the date initially scheduled for the hearing.


“There is no crime”, shout the protesters gathered outside the Valencia courthouse on July 26 to demand the release of the 33 men.

On August 2, the three others – the owner of the establishment and two employees – were also released. They too have to report back every 30 days.

But things did not end there. The charges against them have not been dismissed, despite demands from activists. On August 1, the public prosecutor announced that the case could possibly be dismissed. 

‘The current situation sets a legal precedent’

Jau Ramírez continued: 

Between January 2021 and December 2022, we documented 11 arbitrary arrests of LGBTIQ+ people, carried out by the security forces. In four cases, they were accompanied by extortion, physical, verbal and psychological violence and acts of torture. There were also four police raids on LGBTIQ+ leisure facilities in Caracas, Maracaibo and Mérida. 

So the case of the 33 people arrested is not a first. But in previous cases, the people were released after a few hours, without being reported to the police or charged with any offence. In this case, the people have remained in detention for a long time, without any justification, and the charges against them are unclear and questionable. 

We therefore consider that the current situation set a legal precedent. We haven’t seen anything like this in Venezuela since the late 1990s. Since the beginning of this case, the police and judiciary have acted in a homophobic manner, with the aim of criminalising LGBTIQ+ people.

This escalation of repression is a threat to the fundamental rights and sexual and personal freedoms of everyone in Venezuela.


Rally on July 28 in Caracas to ” demand an end to the criminalisation of people from the #LGBTIQ+ community in Venezuela”.

Closer links between the authorities and evangelicals

For Jau Ramírez, this repression goes hand in hand with “the interference of ultra-religious groups and their dogmatism in state institutions”. He cites a few examples:

In 2019, President Nicolás Maduro created the National Day of the Evangelical Pastor. In 2022, his son was appointed vice president of religious affairs within the United Socialist Party of Venezuela, a new position. In 2023, Nicolás Maduro also created the “My well-equipped church” programme [Editor’s note: equipping evangelical groups with seats, fans, microphones, etc.].

Nicolás Maduro has recently forged closer ties to certain evangelical sectors, which have been very active in opposing the rights of the LGBT+ community. In July, the government decided that religious groups would be consulted on any legislative initiative involving the family. This rapprochement is part of a “political strategy” with a view to 2024 and the presidential election, according to the Spanish daily El País. 

Venezuela’s LGBT+ community has been fighting for years against discrimination and for access to equal rights, including marriage for all. In March 2023, the courts overturned a provision that provided for a prison sentence of between one and three years for military personnel accused of “unnatural sexual acts”. 



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Ron DeSantis Wants Very Own Chinese Exclusion Act

Fresh on the heels/heel turn of his stupid fight with Disney, Florida Gov. Ron DeSantis seems to have found another strategy to be awful to Floridians and to damage Florida’s economy in the pursuit of the 2024 GOP nomination. The Florida state House yesterday passed a bill aimed at preventing the Chinese Communist Party from buying land in Florida, but goes well beyond that by forbidding anyone who’s “domiciled” in China from owning any real estate in Florida, unless they’re a US citizen or permanent resident. The bill also includes other restrictions on some foreign ownership of properties near military bases or “critical infrastructure,” but the blanket ban on owning any property in Florida applies only to Chinese nationals.

By golly, it’s a throwback to the Chinese Exclusion Act of 1882, when America decided it could admit loutish Irish, swarthy sex-crazed Italians, and anarchist Rooshians, but Chinese immigrants were some kinda threat.

Supporters of the measure, Senate Bill 264, claim it’s absolutely necessary for US national security, and for that matter some say that anyone opposing it is probably a Chinese agent too.

That’s exactly the kind or rhetoric that has led real estate interests and Asian Americans in Florida to say that the bill is rooted in xenophobia, and will lead to anti-Asian discrimination, particularly since, as the Miami Herald explains,

it would require home and land buyers to sign an affidavit that they’re not prohibited from buying land. Realtors would be subject to “civil or criminal liability” if they have “actual knowledge” that the transaction violates the law.

At hearings on the Senate version of the bill last month, the Herald notes, more than 100 people testified that they’ve been subjected to racist slurs already as paranoid rhetoric about China “gobbling up” huge tracts of US land has ramped up in rightwing media. On Saturday, Asian Americans across Florida rallied against the bill, arguing that it will lead to stereotyping and more acts of discrimination, and that it could imperil their own small businesses if they run afoul of the law, which requires Chinese “domiciled” owners to divest their Florida properties within two years.


We are not a real estate lawyer, but we can imagine how that could screw with a small business that’s operated by a Chinese American family but owned by a relative in China. If the American branch of the family can’t come up with the capital to buy out the relative, or the relative doesn’t want to sell — or give it as a gift and eat the tax losses — well, here come the fines, and the forfeiture of the property. The LA Times notes that such property grabs were a common feature of anti-Asian laws back in the 19th Century, too.

In an editorial yesterday, the South Florida Sun-Sentinel argued that DeSantis’s push for the property ban and other anti-immigrant legislation will “cast a spotlight on anyone who talks with an accent. Or wears clothes that reflect a different heritage. Or speaks a language other than English,” regardless of their actual citizenship or immigration status, which of course is the point for DeSantis.

The editorial argues that the impact of the bill will be pretty obvious:

Anyone who looks Asian will become much more likely to be questioned or turned away from financial transactions, and potentially have their homes or businesses seized. We can’t imagine anything in modern law that comes close to that.

Now, sure, realtors who simply refuse to sell to Asian Americas may then face discrimination lawsuits, but they may end up trying to balance which set of potential legal penalties they’d rather face. Discrimination suits have only civil penalties, while knowingly selling land in violation of the law would also have criminal penalties.

As we mention, the prospect of being in jeopardy for good faith business transactions has the Florida real estate bidniss worried too, and those folks have some serious economic interests in the state.

Bizarrely, some Florida pols are suggesting that the bill is actually super popular with Chinese Americans, but that you’re only seeing protests by opponents because that’s exactly what the CCP wants, and welcome back to McCarthyism. State Rep. David Borrero (R) insisted that “Chinese Americans and Chinese residents who are here in Florida have been silenced, likely by China, for merely speaking out in support of this bill,” and Democratic co-sponsor Katherine Waldron

told lawmakers that she heard the protesters were bused in from Texas. She and Borrero said they know of Chinese Americans who have been threatened from speaking in favor of the bill and silenced on WeChat, the dominant phone app in China.

“Do not be intimidated by the vocal and aggressive actors we’ve seen in the past few weeks, who do not have our country’s best interests in mind,” Waldron said. “The communist threat to our nation is real.”

Ergo, no “good” Asian Americans really oppose the bill; those people saying it’ll lead to discrimination are OUTSIDE AGITATORS AND COMMUNIST AGENTS TRYING TO WHIP UP FEAR BECAUSE THEY HATE AMERICA. Please remain calm and purge them, so we can institute government by conspiracy theory.

The Miami Heraldhelpfully fact checks that claim about non-Floridians testifying against the bill, noting that

Records from the meeting show that nearly all of the opponents of the bill listed Florida addresses, and several were quickly verified through home ownership records. Several of the speakers said they were professors at Florida universities.

DeSantis has not yet demanded an investigation into whether the Miami Herald is secretly run by the Chinese Communist Party, but for all we know he’s too busy drafting a ban on any cast members at Walt Disney World depicting characters from Mulan.

SB 264 doesn’t only direct its fear toward China, although Chinese nationals who “domicile” in China are the only people outright banned from owning property in Florida. The bill originally prohibited nationals of “countries of concern” — Russia, Cuba, Venezuela, Syria, Iran, and North Korea, just in case there are any property moguls from Pyongyang — from owning land within 20 miles of any “military installation or critical infrastructure,” like airports, refineries, or power plants, but the House amended that to just one mile, so the Senate will have to pass the revised version again before it goes to DeSantis for a signature. Current targeted owners of such properties would also have to divest them within two years of the bill becoming law.

Yr Wonkette would say more about what a terrible idea this law is, but we have to hurry up and meet with our CCP spymaster soon, comrades. Why don’t you play some solitaire to pass the time?

[National Archives / Miami Herald / Sun-Sentinel / LAT / Florida SB 264 / Photo: John Spade, Creative Commons License 2.0]

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