GENEVA - A future transition in Venezuela must be firmly grounded in international human rights law, anchored in truth and accountability, and guided by the rights and aspirations of the Venezuelan people, a UN human rights expert* said today.
"At this time of immense uncertainty, protecting rights, addressing past abuses, and securing future guarantees is the only pathway to lasting peace and dignity," said Bernard Duhaime, Special Rapporteur on truth, justice, reparations and guarantees of non-repetition.
"A transition cannot be imposed by foreign powers. It must be shaped and owned by the Venezuelan people themselves, free from external interference or pressure," said Duhaime, echoing the shock at the US military intervention in Venezuela and the subsequent apprehension of Nicolás Maduro, which he said blatantly violate the UN Charter.
The Special Rapporteur stressed that any future transition needs to address the grave human rights violations that have been committed against the Venezuelan population in the last decades and to strengthen the rule of law.
"Truth, accountability for violations, reparations for victims, and strong guarantees of non repetition must form the core of such a process," the expert said. He highlighted that numerous human rights bodies and mechanisms have, year after year, raised the alarm at massive human rights violations including instances of extrajudicial killings, arbitrary detentions, enforced disappearances, torture, sexual and gender-based violence, and restrictions to public freedoms.
"Transitional processes must address past harms, provide redress, and institutionalise safeguards through reforms, vetting and strong rule of law measures - so abuses do not recur," Duhaime said. "Without these foundations, a transition will inevitably fail."
He also warned that the transition cannot be designed around or driven by interests that disregard peoples' rights, needs and demands.
"A transition process cannot be driven solely by commercial considerations let alone foreign ones," the Special Rapporteur said. "Investments and reconstruction should be aligned with principles of equality, non-discrimination and social justice, ensuring that benefits reach all, especially those most marginalised."
"No transition can take place effectively in a context of instability, insecurity, or violence," the expert said. It requires safety and security for the population, protection of civic space, and a robust, sustained commitment to human rights by all actors, including meaningful participation of women, youth and other marginalised groups."
Although deeply disturbed by the context in which they were invoked, Duhaime expressed concern about the state of emergency declared by Venezuelan authorities, which allows for the restriction or suspension of certain rights, including freedom of movement and the right to free assembly and protest. He stressed that the declaration of the state of emergency must comply with the principles of legality, necessity, proportionality, and non-discrimination, and respect for non-derogable rights under international law.
The Special Rapporteur reiterated his readiness to support the Venezuelan people and all parties involved to ensure that any transition process upholds international human rights standards and advances the rights and dignity of the Venezuelan population.
