High Commissioner for Human Rights Notes Improvements in the Bolivarian Republic of Venezuela and Calls for Upcoming National Electoral Processes to be Transparent and Inclusive

Human Rights Council Decides to Hold an Urgent Debate on 11 July to Discuss Recurrent Desecration of the Holy Quran in some European and other Countries

Council Concludes Interactive Dialogue with Independent International Commission of Inquiry on Syria

The Human Rights Council this afternoon held an interactive dialogue with the High Commissioner for Human Rights on the situation of human rights in the Bolivarian Republic of Venezuela, and concluded an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic.

At the beginning of the meeting, the Council agreed to hold an urgent debate on Tuesday, 11 July 2023 at 3 p.m. to discuss the alarming rise in premeditated and public acts of religious hatred as manifested by recurrent desecration of the Holy Quran in some European and other countries.  Pakistan on behalf of the Organization of Islamic Cooperation introduced the request for the urgent debate. Kyrgyzstan and Morocco also took the floor to discuss the request. 

Volker Türk, United Nations High Commissioner for Human Rights, acknowledged Venezuela’s engagement with his Office, which was, in and of itself, an important signal.  The number of documented killings by agents of the State, as well as reports of torture and ill-treatment, continued to decrease.  It was important that the authorities implemented the recommendations regarding the full enjoyment of civic space.  The Office had documented threats and stigmatisation of civil society activists, members of opposition parties and other dissenting voices, as well as instances of undue judicial proceedings and arbitrary detention, in decline from the previous year but remaining preoccupying.  Restrictions on public information, as well as on freedoms of opinion and expression were also worrying.  In these and other areas, legislation needed to be reformed to align with international standards, in order to strengthen freedom of association through an enabling environment for the participation of civic associations in public life.

Mr. Türk said Venezuela's upcoming national electoral processes must be transparent, inclusive, and participatory.  He urged the lifting of all undue restrictions on the right to participate in public affairs.  The Office continued to document threats and intimidation by non-State armed and criminal groups against indigenous defenders protecting their territory from drug trafficking and mining.  Sectoral sanctions continued to exacerbate the country’s human rights challenges, and affect the rights of Venezuelans, including their access to medicine and adequate healthcare.  They needed to be lifted. 

The Bolivarian Republic of Venezuela, speaking as a country concerned, said the presentation of the new report of the High Commissioner on Venezuela was mandated by a resolution adopted by vote and without Venezuela’s consent, prioritising the path of confrontation rather than dialogue and cooperation.  Venezuela deplored the prevalence of hostile wording in the report, based on unsubstantiated and unverified statements, which would undoubtedly stoke the negative and unfair media campaign financed against Venezuela by major media outlets.  Earlier this year, the High Commissioner visited Venezuela at the invitation of the President.  It was important that the High Commissioner pronounced the negative impact of the unilateral coercive measures and recommended that they be lifted. 

In the ensuing discussion, some speakers welcomed the tangible impact of the reinforcement of the presence of the Office of the High Commissioner for Human Rights in Venezuela, and the improved cooperation with the authorities.  A number of speakers were deeply worried by human rights violations and abuses in Venezuela, as well as perpetrators’ impunity and the lack of accountability.  They condemned the drastic restrictions imposed on political opponents, as well as civil society, rights defenders, journalists and press freedom.  Some speakers said they categorically rejected double standards in the field of human rights, which prevented progress.  There should not be mandates which did not have the support of the countries concerned, and instead responded to covert political agendas.  It was pleasing to note that the Office of the High Commissioner had recognised the negative impact of the unilateral sanctions and coercive measures imposed on Venezuela on the country’s enjoyment of human rights.

Speaking in the interactive dialogue were Belgium on behalf of the Benelux countries, European Union, Zimbabwe on behalf of a group of countries, Cuba on behalf of a group of countries, Portugal, Peru, Ecuador, France, Canada, United States, Brazil, Syria, United Kingdom, Democratic People's Republic of Korea, Zimbabwe, China, Switzerland, Spain, Chile, Yemen,  Sudan, Argentina, Georgia, Cuba, Lao People's Democratic Republic, Bolivia, Saudi Arabia, Belarus, Eritrea, Egypt, Australia, Uruguay, Iran, Burundi, Cambodia, Sri Lanka, Nicaragua and Russian Federation. 

Also speaking were Fundación Latinoamericana por los Derechos Humanos y el Desarrollo Social, Aula Abierta, International Federation for Human Rights Leagues, International Commission of Jurists, CIVICUS - World Alliance for Citizen Participation, Amnesty International, International Service for Human Rights, International Bar Association, Human Rights Watch, and World Organization against Torture.

The Council also concluded its interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic.

Lynn Welchman, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, in concluding remarks, said the Commission welcomed the landmark initiative which sought to hold the Syrian State accountable for the torture of tens of thousands, brought before the International Court of Justice.  There were 16 recommendations within the report, which gave detailed suggestions of what the Syrian Government could be doing legislatively and procedurally to take steps towards greater equality for women and less discrimination.  It was hugely pleasing to see the Institution on Missing Persons in Syria, but the family struggles continued.

Hanny Megally, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, also speaking in concluding remarks, said the Institution on Missing Persons was a mechanism for all Syrians which would work across all parties in the conflict in Syria.  It was therefore essential for all other actors in Syria to cooperate with this new institution for it to be a success. 

In the discussion, some speakers expressed serious concern for reported continued violations of human rights and international humanitarian law in Syria.  All indiscriminate and direct attacks on civilians must cease immediately, as well as torture and other cruel, inhuman, or degrading treatment or punishment.  Ongoing grave breaches of human rights and international humanitarian law continued all across Syria and must stop.  Some speakers said the humanitarian and human rights situation could be better addressed through the respect of the sovereignty and integrity of Syria, and supporting its anti-terrorist effects, creating a conducive environment for the further protection and promotion of human rights.  The Council should engage in a constructive and inclusive dialogue with the Government, with the aim of supporting national efforts towards addressing the prevailing challenges. 

Speaking in the discussion were Iceland on behalf of a group of countries, Qatar, Netherlands, Israel, Italy, Egypt, United Arab Emirates, Ecuador, Germany, Luxembourg, United States, Belgium, France, Iraq, Brazil, Malta, United Kingdom, Democratic People's Republic of Korea, Türkiye, Venezuela, Zimbabwe, China, Switzerland, Jordan, Sudan, Albania, Georgia, Cuba, Romania, Lao People's Democratic Republic, Cyprus, Iran, Belarus, Ukraine, Nicaragua, Russian Federation and Greece.

Also speaking were Syrian Centre for Media and Freedom of Expression, Maat for Peace, Development and Human Rights Association, Cairo Institute for Human Rights Studies, Association Ma'onah for Human Rights and Immigration, Europe-Third World Centre, World Jewish Congress, Physicians for Human Rights, International Service for Human Rights, Next Century Foundation and Christian Solidarity Worldwide.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The next meeting of the Council will be on Tuesday, 6 June at 10 a.m., when it will hold an interactive dialogue with the High Commissioner on the situation of human rights in Myanmar, after which it will hold an interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar, followed by an interactive dialogue with the Special Rapporteur on the situation of human rights in Burundi.

Interactive Dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic

The interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic started in the previous meeting and a summary can be found here.

Discussion

In the interactive dialogue on the Syrian Arab Republic, some speakers expressed serious concern for reported continued violations of human rights and international humanitarian law in Syria.  All indiscriminate and direct attacks on civilians must cease immediately, as well as torture and other cruel, inhuman, or degrading treatment or punishment.  Ongoing grave breaches of human rights and international humanitarian law continued all across Syria, and must stop.  There must be safe, unhindered and sustained access for humanitarian actors, in line with the Secretary-General’s recommendation. 

Accountability was important for achieving a lasting political solution to the conflict, and some speakers welcomed the legal proceedings initiated at the International Court of Justice concerning violations of the Convention against Torture to hold the Syrian Arab Republic accountable for torture and other cruel, inhuman and degrading treatment.  This case would include sexual and gender-based violence, including rape, as a means of torture.  Establishing accountability and combatting impunity were important elements of achieving a lasting political solution to the conflict in Syria.

Some speakers were concerned about the lack of State presence in areas of the country and the concomitant insecurity.  The difficulties of Syrian families in determining the whereabouts and destiny of their family members were also an issue of concern: investigations should be carried out leading to responsibility for the perpetrators, and ensuring that victims and their families had full access to reparations and justice.  The creation of an independent institution that would help clarify the situation of all missing persons was part of the way forward.

Humanitarian needs were at a record high: all parties must provide full, unhindered, and sustained humanitarian access.  To end the suffering of the Syrian population there must be a comprehensive ceasefire, and an inclusive political process in line with United Nations Security Council resolution 2254.  Speakers were also gravely concerned about the situation of Syrian women and girls who were disproportionately affected by violence and various forms of abuse, finding themselves displaced, expropriated or deprived of livelihoods, proper shelter, water, sanitation and education, while often fearing for the fate of missing loved ones.

A number of speakers said regional and international efforts must be brought to bear on Syria in line with the Geneva Communique to allow the Syrian people to have guaranteed safe and secure return.  One speaker said Syria was the only country with a resolution discussed in every session of the Council.  This process should be balanced, streamlined, and not politically motivated.  The Council should redouble its efforts to seek a lasting solution to the situation in Syria, and to put an end to the sufferings of the Syrian people, in full respect of international human rights law and international humanitarian law.  The impact of 12 years of war was catastrophic, and it was not yet finished, as evidenced by recent bombardments. 

One speaker said the Commission had failed to provide an objective assessment, and was part of the unjust fight against Syria, supporting terrorist groups, encouraging unilateral coercive measures, and others.  It was another attempt by certain States to manipulate the Human Rights Council in the light of selectivity and political interests.  The humanitarian and human rights situation could be better addressed through the respect of the sovereignty and integrity of Syria, and supporting its anti-terrorist effects, creating a conducive environment for the further protection and promotion of human rights.  The notion of the sanctions being targeted was wrong, another speaker said, and they merely served as a blunt instrument, further harming the Syrian population.  The Council should engage in a constructive and inclusive dialogue with the Government, with the aim of supporting national efforts towards addressing the prevailing challenges.  Promoting the political settlement was the only way out of the issue, another speaker noted.

Among questions raised during the dialogue were: in the context of the report that noted the gendered impact of the conflict and how long-standing discrimination against women and girls had been dramatically amplified, what measures would the Commission recommend for addressing these issues; with reference to the Commission’s paper on the ‘Gendered Impact of the Syrian Conflict’, under the current dire circumstances in Syria, how could the protection and rights of women and girls be reinforced to ensure equal treatment and non-discrimination and therewith lessen the gendered impact of the conflict on them; did the Commission have any plans to highlight the human rights impact linked to the export of drugs from Syria; what were the unique barriers and challenges faced by Syrian women upon their return to Syria; and a request for the Commission’s further thoughts on the state of women’s legal rights in Syria, in particular the legal and customary discrimination that mitigated against justice for acts of violence.

Concluding Remarks

LYNN WELCHMAN, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the Commission welcomed the landmark initiative which sought to hold the Syrian State accountable for the torture of tens of thousands, brought before the International Court of Justice.  Several public documents had been published which would be useful for this attempt and others to seek accountability in the judiciary.  A lot of the questions involved traditional and societal attitudes, such as discrimination against women, which would take time to address.  There were 16 recommendations within the report, which gave detailed suggestions of what the Syrian Government could be doing legislatively and procedurally to take steps towards greater equality and less discrimination. 

Besides the pre-existing discrimination against women, there were specific conflict-related issues, including the challenges facing women-headed households, poverty where women were disproportionally impacted, trying to obtain documentation, and crises in women’s access to land and property, among others.  The rise in child marriage as a result of the conflict was concerning.  Violence in the family was exacerbated by conflict situations.  States in the coalition against Da’esh needed to improve conditions in camps and ensure they were not contributing to violations of war crimes.  Member States should increase funding to women’s organizations and humanitarian assistance, to keep women’s resilience going.  It was hugely pleasing to see the Institution on Missing Persons in Syria, but the family struggles continued.

HANNY MEGALLY, Member of the Independent International Commission of Inquiry on the Syrian Arab Republic, said the Institution on Missing Persons was a mechanism for all Syrians which would work across all parties in the conflict in Syria.  It was therefore essential for all other actors in Syria to cooperate with this new institution for it to be a success.  Women had been on the front line in the search for the missing, but had also been instrumental in getting the institution up and running.  It would help with documentation and allow verification across the board, utilise the diaspora, and bring expertise around the world to help Syria with this difficult problem. 

Interactive Dialogue on the Report of the United Nations High Commissioner for Human Rights on the Situation of Human Rights in the Bolivarian Republic of Venezuela

Report

The Council has before it the report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Bolivarian Republic of Venezuela (A/HRC/53/54).

Presentation of Report

VOLKER TÜRK, United Nations High Commissioner for Human Rights, acknowledged Venezuela’s engagement with his Office, which was, in and of itself, an important signal.  The authorities continued to facilitate visits to civilian detention centres, and interviews with detainees, by the country team.  In addition, engagement with the Office of the General Attorney had been expanded to new areas of cooperation.  This had enabled the formulation of precise recommendations for greater compliance of investigations and trials with international human rights standards.  The Office of the Attorney General had also agreed to develop a protocol for the investigation of gender-based killings, or femicides.  Mr. Türk noted with appreciation the judgement of the Supreme Court that de-criminalised same-sex relations in the Code of Military Justice, and that Venezuela had signed a Memorandum of Understanding with the Prosecutor of the International Criminal Court.

The number of documented killings by agents of the State, as well as reports of torture and ill-treatment, continued to decrease.  Official reports indicated that in 2022, 362 officials were indicted for, and 47 convicted of torture and ill-treatment. The Office had received information about 91 other complaints of torture submitted by victims and their representatives since 2018, and Mr. Türk urged the authorities to ensure adequate follow up, and repeated his call to release all those who were unlawfully or arbitrarily detained, and people whose pre-trial detention had surpassed the legal limit.  He urged the resolution of these issues, and full implementation of other recommendations contained in the report to accelerate efforts to establish an effective, impartial and independent administration of justice.

Mr. Türk said it was important that the authorities implemented the recommendations regarding the full enjoyment of civic space.  The Office had documented threats and stigmatisation of civil society activists, members of opposition parties and other dissenting voices, as well as instances of undue judicial proceedings and arbitrary detention, in decline from the previous year but remaining preoccupying.  Restrictions on public information, as well as on freedoms of opinion and expression, were also worrying.  In these and other areas, legislation needed to be reformed to align with international standards, in order to strengthen freedom of association through an enabling environment for the participation of civic associations in public life.

Venezuela's upcoming national electoral processes must be transparent, inclusive, and participatory.  Mr. Türk urged the lifting of all undue restrictions on the right to participate in public affairs; full compliance with due process; and measures to prevent and sanction attacks, intimidation, and the criminalisation of people voicing dissent.  Reports of obstacles to free participation in political affairs, including administrative disqualification of members of the opposition from holding office, needed to be addressed as a matter of urgency.  The Office continued to document threats and intimidation by non-State armed and criminal groups against indigenous defenders protecting their territory from drug trafficking and mining. Efforts to counter these activities must be in line with international human rights law and must be accompanied by measures to improve the livelihoods of those affected.

Sectoral sanctions continued to exacerbate the country’s human rights challenges, and affect the rights of Venezuelans, including their access to medicine and adequate healthcare.  They needed to be lifted.  It was important to support all efforts conducive to inclusive and effective dialogue between Venezuelans. Rebuilding trust and a cohesive social contract for the future was the way forward, Mr. Türk concluded.

Statement by Country Concerned

Bolivarian Republic of Venezuela, speaking as a country concerned, said 212 years ago, the Venezuelan people declared their independence.  However, the Council had decided several times to take up the situation in Venezuela on their Independence Day.  The presentation of the new report of the High Commissioner on Venezuela was mandated by a resolution adopted by vote and without Venezuela’s consent, prioritising the path of confrontation rather than dialogue and cooperation.  Venezuela deplored the prevalence of hostile wording in the report, based on unsubstantiated and unverified statements, which would undoubtedly stoke the negative and unfair media campaign financed against Venezuela by major media outlets. 

The concerns in new areas, such as Venezuela's labour and union agenda, were surprising, and Venezuela rejected these.  The Social Dialogue Forum undertaken with employers and trade unions was a proposal of the National Government to achieve respectful tripartite spaces for discussion.  Earlier this year, the High Commissioner visited Venezuela at the invitation of the President.  It was regretful that the Office insisted on affirming that the complex economic situation experienced in country predated the imposition of illegal unilateral coercive measures that were imposed by the United States.  While it was true that since 2015 the number of illegal measures were exacerbated, the economic and political strategies used to destabilise Venezuela since the beginning of the Bolivarian Revolution had already been sufficiently documented.  This was evidenced in recent statements by former President Donald Trump, who confessed that the purpose of the "induced collapse" was to appropriate the immense oil wealth of Venezuela.

It was important that the High Commissioner pronounced the negative impact of the unilateral coercive measures and recommended that they be lifted.  The High Commissioner was also encouraged to make addressing unilateral measures a priority for the Office.  Venezuela's commitment to human rights was also demonstrated by the Bolivarian Government's efforts to ensure the greatest possible well-being of the people.  More than 77 per cent of the Venezuelan budget was allocated to social investment and 4.6 million houses had been delivered free of charge to ensure the right to housing.  The country also continued to promote the training of officials on sensitive topics, such as the recent workshop on the modalities of the crime of trafficking in persons. 

Recently, high-level delegations from Venezuela visited Geneva to present the periodic report to the Committee on the Elimination of Discrimination against Women and to participate in the World Health Assembly.  These presentations demonstrated remarkable progress in the protection of women's rights and the right to health, which unfortunately were not reflected in the report today.  Despite this, Venezuela would continue to make progress in cooperation with the Office, and had renewed a Letter of Understanding for two years, under the principles of respect for sovereignty and non-interference in internal affairs. 

Discussion

In the discussion, some speakers welcomed the tangible impact of the reinforcement of the presence of the Office of the High Commissioner for Human Rights in Venezuela, and the improved cooperation with the authorities.  They said they would continue to support the Office’s and the Fact-Finding Mission’s important work, and asked for the Office’s unfettered access to all regions and detention centres.  The recent announcement of the opening of an International Criminal Court office in Caracas was very welcome.

Some speakers were deeply worried by human rights violations and abuses in Venezuela, as well as perpetrators’ impunity and the lack of accountability.  Repression against members of the opposition, dissidents, trade unionists, human rights defenders, the independent media and civil society was concerning, as was the draft law on non-governmental organizations.  Some speakers condemned the drastic restrictions imposed on political opponents, as well as civil society, rights defenders, journalists and press freedom.  More than 100 radio stations had closed in 2022; this continuing shrinking of civic space was highly concerning.

With only one year to go before the presidential election, the Venezuelan authorities continued to undermine democracy and the rule of law, some speakers said.  Recent developments in electoral matters were of particular concern, including the recent resignation of members of the National Electoral Council, which posed an additional threat to the electoral system and delayed opportunities to improve electoral conditions.  Some speakers expressed deep concern about the renewal of the National Electoral Council and recalled that the independence of the electoral power was essential for the organization of free and democratic elections. 

A number of speakers called on the Venezuelan authorities to fully cooperate with the Office of the High Commissioner for Human Rights, and the Fact-Finding Mission.  Authorities needed to implement recommendations made, including for a national human rights mechanism in the country.  All those arbitrarily detained needed to be released unconditionally.  The harassment of human rights defenders, journalists and media outlets needed to end.  These speakers called for constructive engagement of all parties to the Venezuelan-led dialogue, with a view to ensuring free and fair elections in 2024, and finding a peaceful and democratic solution to the crisis.

Some speakers said they categorically rejected double standards in the field of human rights, which prevented progress.  There should not be mandates which did not have the support of the countries concerned, and instead responded to covert political agendas.  It was pleasing to note that the Office of the High Commissioner had recognised the negative impact of the unilateral sanctions and coercive measures imposed on Venezuela on the country's enjoyment of human rights.  However, it was disappointing that there were no recommendations to remove these harmful measures; these should be ended immediately. 

A number of speakers welcomed the progress achieved by Venezuela to promote and protect human rights, including through the right to food, efforts to improve the situation of women, and labour rights.  The Government of Venezuela was commended for its cooperation with the Office of the High Commissioner for Human Rights.  The Office should provide technical assistance to Venezuela based on its needs and priorities.  Venezuela was congratulated on its Independence Day and it was hoped that despite challenges, the country would be able to defend its sovereignty.

Among other questions, speakers asked the High Commissioner what could be done to ensure Venezuela provided a credible pathway to justice for the victims of human rights violations and abuses, and took steps toward the restoration of democracy?  Could the High Commissioner elaborate on the state of the civic and political space ahead of next year’s elections?  How was the Office working to encourage independent oversight in the upcoming elections to protect the Venezuelan people’s right to vote freely?

Concluding Remarks

VOLKER TÜRK, United Nations High Commissioner for Human Rights, said he had heard unanimously in the Council strong support for the presence of his Office in Venezuela, and the strengthening thereof was welcomed. This presence was very important.  With regard to the Human Rights 75 Campaign that the Office had launched for this year, it was an opportunity to strengthen consultations with all stakeholders at the national level and for the authorities to consider transformative pledges.  He hoped that in the context of Venezuela, there could be some very transformative pledges to strengthen human rights in the country. 

The High Commissioner said the international community should support dialogue opportunities for Venezuela.  On civic space, and Venezuela’s commitment made at the last Universal Periodic Review to continue to strengthen the full exercise of fundamental freedoms, a full and vibrant civic space was vital for the participation of citizens in public life.  The authorities should take the lead in building trust with civil society and civic actors, and the Office would provide technical assistance to guarantee the open and pluralistic safe space required for civil society to flourish. 

Mr. Türk encouraged transparent and inclusive electoral processes in line with human rights standards.  He recognised progress on the part of Venezuela when it came to undertaking new legal reforms, but challenges remained.  The Office stood ready to support the implementation of the recommendations, and had seen an openness in the Office of the Attorney General to strengthen collaboration.  On the cooperation with the International Criminal Court, the Office welcomed the agreement between the National Prosecutor’s Office and the International Criminal Court.  The Office had continued to advocate for the strengthening of the judicial system, and for a legal framework in line with international standards.

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/07/au-venezuela-le-nombre-de-meurtres-documentes-commis-par-des

 

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