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9 Oct 2024 | Commentary

UN Human Rights Council Must Renew Mandate for the Fact-Finding Mission in Venezuela

Laura Dib and Alex Bare

The United Nations Independent International Fact-Finding Mission (FFM) on Venezuela is the only independent monitoring body within the UN with a mandate to investigate systematic violations and human rights abuses and ensure accountability for perpetrators in Venezuela. In 2019, the UN Human Rights Council established the FFM, alongside the technical assistance mandate from the Office of the High Commissioner on Human Rights (OHCHR). Both mandates expired in September 2024 and the Council is voting on their renewal this week, during its 57th session.

In September, the FFM issued its first report since the incumbent government, under President Nicolás Maduro, refused to divulge credible results of the July 28 presidential election. The damning report detailed how state institutions systematically launched a campaign of persecution against political opponents, while also serving as a timely reminder of the importance of the FFM’s work. 

Over the last five years of reporting, spanning three mandates, the FFM has been instrumental in documenting the widespread abuses committed by Venezuelan authorities, and has become a beacon for victims, survivors, and wider Venezuelan society in its pursuit of truth and justice. In a context where state institutions—largely co-opted by the Maduro government—guarantee impunity for human rights abuses, the FFM plays a crucial role in safeguarding evidence that may be used in future efforts to hold those responsible accountable. The UN Human Rights Council must vote to renew the mandate when it is submitted for consideration later this week.   

Background on the Fact-Finding Mission

The Fact-Finding Mission on Venezuela, established in October 2019 to investigate “extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhumane or degrading treatment since 2014,” has issued several influential reports that documented the existence of systematic human rights violations committed by Venezuelan security forces and the Maduro government. Previous research conducted by the FFM has:

  • Identified mid- and high-ranking officials as potentially responsible for extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman, or degrading treatment carried out in the country since 2014 (September 2020, A/HRC/45/33);
  • Exposed the active role of the judiciary in committing human rights abuses and collaborating with the state to ensure impunity (September 2021, A/HRC/48/CRP.5);
  • Explored the mechanisms of repression that are pervasive among other state institutions (September 2023, A/HRC/54/CRP.8);
  • Evidenced a coordinated effort of state intelligence services to repress the political opposition or those perceived as such (September 2022, A/HRC/51/CRP.3);
  • Documented human rights violations in the Arco Minero del Orinoco region in the Bolívar State (September 2022, A/HRC/51/CRP.2); and
  • Highlighted the lack of genuine reform of the country’s law enforcement institutions following the dissolution of the troubled Special Action Forces (FAES) (September 2023, A/HRC/CRP.9). 

Why Is it Essential to Renew the FFM’s Mandate?

  1. Since the FFM was first established in 2019, Venezuelan authorities have not improved their practices; instead, they have escalated their repression. 

Despite extensive documentation of widespread abuse, the government has made virtually no progress in addressing human rights violations. With 25 dead and 1,767 jailed in the aftermath of the elections, the human rights situation in Venezuela has reached its lowest point, and as the next presidential term is set to begin on January 10 and local, regional, and legislative elections scheduled for 2025, there is a significant risk of the situation becoming even more dire.  Beyond the electoral context, the human rights abuses in Venezuela have been so serious and systematic that the FFM still has significant work to do in other specific areas, including the government’s relationship with criminal groups.

2. As the only international, independent verification mission with a mandate to document abuses in Venezuela, the FFM is essential to corroborating and amplifying the reports of local civil society organizations.

In its latest report in September, the FFM corroborated information from local civil society organizations documenting the unprecedented wave of repression since the July 28 election. Authorities employed varied methods ranging from the cancellation of passports to indiscriminate mass arrests to inhibit the dissemination of independent information and prevent peaceful citizen protests. The FFM determined that these human rights violations were not isolated incidents, but part of a coordinated plan to “silence, discourage and quash opposition to the Government of President Maduro.”

Alarmingly, the mission determined that the Venezuelan government had enacted measures, which, when taken together, “constitute the crime against humanity of persecution on political grounds, by reason of the identity of the victims as real or perceived political opponents of the Government or persons who are simply critical of the Government.”

3. The FFM plays a crucial role in upholding the aspirations of the Venezuelan people in their pursuit of truth, justice, and accountability. 

Under the current conditions, where the judiciary lacks independence and impartiality, victims of human rights violations in Venezuela continue to seek justice in vain. By documenting the mechanisms of repression, identifying chains of command, and exposing patterns of behavior in the government’s persecution of opposition members or those perceived as such, the FFM serves as a crucial mechanism in advancing the victim’s rights to truth, justice, and reparation. 

The FFM’s work is invaluable for victims, ensuring their voices are heard and their testimonies are reflected in the FFM’s findings. The FFM also compiles recommendations that could contribute to developing non-repetition measures in the future. Likewise, the findings of the FFM inform the investigation before the International Criminal Court (ICC) and may ultimately lead to justice in Venezuela, supporting compliance with the principle of complementarity in international law.

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