After a tight voting process in the General Assembly of the United Nations, the Bolivarian Republic of Venezuela obtained one of the eight chairs assigned to the Latin American region in the Human Rights Council, with 105 votes over Costa Rica, which obtained 96. Although the Venezuelan government, in the face of its growing external isolation, has tried to show this achievement as a diplomatic victory, this, in no way, means international recognition or laurels to the human rights policy of the government of Nicolás Maduro. The entry of Venezuela into the Human Rights Council is important rather to raise the standard of compliance with its international commitments and obligations within the universal human rights system.

The Human Rights Council has among its purposes “to promote full compliance with human rights obligations contracted by the States”. Let’s recall that the Council is made up of 47 States, which are elected by the majority of the members of the General Assembly of the United Nations through direct and secret voting.

In accordance with the provisions of Resolution 60/251 – approved by the General Assembly on March 15, 2006 (A / RES / 60/251) -, by which it was decided to establish the Human Rights Council in place of the previous Commission of Human Rights, the States that become members of this instance are subject to greater international control and also have greater duties vis-à-vis International Human Rights Law.

Thus, for example, the mentioned Resolution, in its numeral 8, establishes that: participation in the Council shall be open to all States parties to the United Nations; that in choosing the members of the Council, the States must take into account the voluntary promises and commitments they have made in this regard; as well as the General Assembly, by a two-thirds majority of the members present and voting, may suspend the inherent rights to be part of the Council of any member of the same who commits serious and systematic violations of human rights.

Moreover, Resolution 60/251 also mandates that members elected to the Council must apply the strictest standards in the promotion and protection of human rights, fully cooperate with the Council and will be subject to the universal periodic review mechanism during the period in which they are members; as well as that the working methods of the Council should be transparent, fair and impartial and enable a genuine dialogue, be results-oriented, allow further discussions to follow up on the recommendations and their compliance.

During the 42nd session of the Human Rights Council held in Geneva, on September 24, a strong resolution on the human rights situation in Venezuela was approved (A / HRC / 42 / L.4 / Rev.1), providing, among other things, that:

2.… the Venezuelan authorities fully and immediately follow the recommendations contained in the report of the High Commissioner and fulfill the commitments made during her visit;

6. Urges the Venezuelan authorities to immediately release all political prisoners and all other persons arbitrarily deprived of liberty.

22. Requests the High Commissioner to prepare a written report dedicated especially to the independence of the judicial system and access to justice, as well as the reparation for violations of economic and social rights, and the situation of human rights in the Orinoco Mining Arc region.

24. Decides to establish, for a period of one year, an independent international mission to determine the facts, whose members will be appointed by the President of the Human Rights Council, and urgently send that mission to Venezuela to investigate extrajudicial executions, enforced disappearances, arbitrary detentions and torture and other cruel, inhuman or degrading treatment, with a view to ensuring full accountability of perpetrators and justice for victims;

25. Urges the Venezuelan authorities to  fully cooperate with the fact-finding mission, provide immediate, complete and unimpeded access to the entire territory of the country, as well as to victims and places of detention, and facilitate all the information necessary for the performance of his mandate;

26. Requests that the fact-finding mission be operational immediately, and also requests that the Office of the High Commissioner be provided with all the necessary resources to carry out the mandate.

Thus, under the inspection of these obligations approved by the Human Rights Council itself, it is that Venezuela must continue and analyze the human rights crisis, which now as a member of the Human Rights Council, is in a status of higher international scrutiny.

It is essential to monitor the reactions of the Nicolás Maduro regime against the recommendations of the Office of the High Commissioner for Human Rights. If he facilitates her free movement in the country, provides access to the necessary information, allows the visit of prisons, releases political prisoners, adopts genuine measures to guarantee the independence and separation of powers, and -particularly- provides all conditions for the independent international fact-finding mission to carry out its investigation of the serious human rights violations committed in the country, should be the objective criteria to evaluate and assess the permanence of Venezuela in the Human Rights Council. If this does not happen, as indicated by the norms mentioned in the previous paragraphs, Venezuela should be suspended from this instance.

Thus, from the international system there is a technical tool (Report of the Bachelet Visit), the political mandate (the resolutions of the Human Rights Council on Venezuela) and the legal support (Resolution 60/251 of the General Assembly of United Nations), necessary to advance the agenda for the recovery of the Rule of Law in Venezuela, based on the fulfillment of its international human rights commitments.

* Senior Program Officer, DPLF.