Section 1 Short title
This Act may be cited as the “Assuring that the Fact-Finding Examination Continues to Track Human Rights in Venezuela Act” or the “AFFECT Human Rights in Venezuela Act”.
Assuring that the Fact-Finding Examination Continues to Track Human Rights in Venezuela Act
A BILL
To direct the United States Government to support extending the mandate of the Independent International Fact-Finding Mission on Venezuela until a resolution of the Venezuelan crisis is achieved.
Sec. 2 Findings
Congress makes the following findings:
The United Nations Human Rights Council Resolution adopted Resolution 42/25 on September 27, 2019, establishing an independent fact-finding mission (referred to in this Act as the “Fact-Finding Mission”) on the Bolivarian Republic of Venezuela “to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment since 2014 with a view to ensuring full accountability for perpetrators and justice for victims”.
The mandate of the Fact-Finding Mission was extended by the United Nations Human Rights Council in 2020 for two years, and on October 7, 2022, for an additional two years, with a view to combating impunity and ensuring full accountability for perpetrators and justice for victims.
The Fact-Finding Mission has faced several constraints, including lack of access to work in-country, travel limitations due to the COVID–19 pandemic, disrupted interviews due to electricity and internet failures, and limited ability to secure witness statements and key documents. Despite these challenges, the Fact-Finding Mission has been able to carry out its investigative and analytical work, and generate reports that serve as an invaluable resource for victims, civil society organizations, and international accountability mechanisms.
The Fact-Finding Mission has identified specific incidents and patterns establishing reasonable grounds to conclude that violations of international human rights and criminal law have been committed in Venezuela, according to its October 2022 report.
The Fact-Finding Mission’s October 2022 report concludes “that crimes and violations, amounting to crimes against humanity, including extremely grave acts of torture, were committed by individuals holding various positions within the hierarchies of [the Venezuelan General Directorate of Military Counterintelligence] and [the Bolivarian National Intelligence Service] as part of a plan designed by high-level authorities to repress opponents of the Government”.
Marta Valinas, Chair of the Fact-Finding Mission, stated in January 2023 that the Maduro regime’s proposed law restricting the activities of nongovernmental organizations “could represent a point of no return in the closure of the civic and democratic space” and noted that organizations working in the areas of human rights in Venezuela are facing increased legal and operational hurdles, including surveillance by Venezuelan intelligence services and diminished access to funding.
Women and girls fleeing Venezuela face grave threats of sexual violence, exploitation, and trafficking by armed groups operating in border regions, such as the Ejercito de Liberacion Nacional (ELN).
The Fact-Finding Mission continues to urge members of the United Nations Human Rights Council to “continue to pay close attention to developments in the Bolivarian Republic of Venezuela and to monitor whether credible progress is being made in advancing justice, accountability and respect for human rights”.
The United States has historically used its voice, vote, and influence at the United Nations to address human rights abuses around the world and to seek to hold perpetrators accountable.
Sec. 3 Actions relating to the fact-finding mission on Venezuela
Support To extend mandate— The Secretary of State shall take such actions as may be necessary to use the voice, vote, and influence of the United States in the United Nations Human Rights Council (UNHRC) and the United Nations General Assembly (UNGA) to seek to—
extend the mandate of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela to continue until a resolution of the crisis in Venezuelan that includes—
holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process;
ending Nicolas Maduro’s usurpation of presidential authorities;
restoring democracy and the rule of law;
freeing political prisoners; and
facilitating the consistent delivery of humanitarian aid;
encourage international support to empower the Fact-Finding Mission to thoroughly conduct its stated purpose of investigating gross violations of human rights perpetrated in Venezuela since 2014;
urge the Fact-Finding Mission to raise early warnings of further deterioration of the human rights situation in Venezuela, particularly ahead of the country’s elections expected in the country for 2024 and 2025; and
provide investigative and technical assistance to the Fact-Finding Mission as requested and as permitted within the United Nations Rules and Regulations and within United States law.
Support for further action— The President is authorized to direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the United Nations to provide greater action with respect to human rights violations in Venezuela by—
urging the UNGA to consider a resolution condemning the Venezuelan regime’s use of political prisoners and wrongfully detained foreign nationals as leverage to extract concessions from its adversaries consistent with prior United Nations resolutions;
assisting efforts by the relevant United Nations Special Envoys and Special Rapporteurs to secure the release of all political prisoners and wrongfully detained foreign nationals in Venezuela, including Americans, promote respect for human rights, and encourage dialogue towards a peaceful and democratic transfer of power;
urging the United Nations and its specialized agencies to address the humanitarian needs of the people of Venezuela, including—
enhancing the reach of existing United Nations programs that fund nongovernmental organizations that provide critical services to residents of Venezuela and who may be subject to restrictive policies by the regime of Nicolás Maduro; and
providing direct assistance to vulnerable Venezuelan refugees and migrants in third countries;
urging United Nations member states and other donors to support present and future United Nations funding appeals with the purpose of improving humanitarian conditions in Venezuela; and
supporting access for humanitarian actors, independent media, and credible international legal and judicial entities, including future United Nations fact-finding missions and similar investigatory mechanisms, to people residing in Venezuela and to the growing Venezuelan diaspora.
Due consideration of fact-Finding mission reports— The President and the Secretary of State shall—
appropriately review all past and future reports presented by the Fact-Finding Mission to United Nations bodies; and
give due consideration to the Fact-Finding Mission’s reported conclusions in developing and executing the foreign policy of the United States with respect to Venezuela.
Report— Not later than 90 days after the date of the enactment of this Act, and annually thereafter until the expiration of the official mandate of the Fact-Finding Mission, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of the actions described in subsections (a), (b), and (c).
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.