[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8813 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8813
To direct the United States Government to support extending the mandate
of the Independent International Fact-Finding Mission on Venezuela
which is set to expire in September 2022.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2022
Mr. Sires (for himself, Mr. Castro of Texas, Mr. Green of Tennessee,
Mr. Connolly, Mr. Fitzpatrick, Ms. Wasserman Schultz, Ms. Salazar, Mr.
Vargas, Ms. Barragan, Mr. Vicente Gonzalez of Texas, Ms. Titus, and Mr.
Cicilline) introduced the following bill; which was referred to the
Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To direct the United States Government to support extending the mandate
of the Independent International Fact-Finding Mission on Venezuela
which is set to expire in September 2022.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In its Resolution 42/25 adopted on September 27, 2019,
the United Nations Human Rights Council established an
independent fact-finding mission, the Independent International
Fact-Finding Mission on the Bolivarian Republic of Venezuela
(in this section referred to as the ``Fact-Finding Mission'')
``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 on October 6, 2020,
for an additional two years, until September 2022, through its
Resolution 45/20.
(2) 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
September 2020 report.
(3) 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 was 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.
(4) 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.
(5) Marta Valinas, Chair of the Fact-Finding Mission,
reported at the 49th session of the Human Rights Council that
the Venezuelan people ``have endured a decade of deepening
economic, humanitarian and human rights crises, as well as the
breaking down of State institutions, all of this exacerbated,
most recently, by the impact of COVID-19. The clearest showing
of this are the more than six million people who have had to
leave the country.''.
SEC. 3. ACTIONS RELATING TO THE INDEPENDENT INTERNATIONAL FACT-FINDING
MISSION ON THE BOLIVARIAN REPUBLIC OF VENEZUELA.
(a) 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--
(1) extend the mandate of the Independent International
Fact-Finding Mission on the Bolivarian Republic of Venezuela
(in this section referred to as the ``Fact-Finding Mission'')
by two years beyond September 2022, as previously outlined and
determined by UNHRC Resolutions 42/25 (September 27, 2019) and
45/20 (October 6, 2020), to conclude in October 2024;
(2) encourage international support among member states of
UNHRC to empower the Fact-Finding Mission to thoroughly conduct
its stated purpose of investigating gross violations of human
rights perpetrated in Venezuela since 2014; and
(3) provide investigative and technical assistance to the
Fact-Finding Mission as requested and as permitted within
United Nations rules and regulations and within United States
law.
(b) 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--
(1) urging the UNGA to consider a resolution condemning the
Venezuelan regime's use of political prisoners and wrongfully
detained foreign nationals, including Americans, as leverage to
extract concessions from its adversaries consistent with UNHRC
Resolution 42/25;
(2) 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, promote respect for human rights, and
encourage dialogue towards a peaceful and democratic transfer
of power;
(3) urging the United Nations and specialized agencies to
address the humanitarian needs of the people of Venezuela,
including vulnerable Venezuelan refugees and migrants in third
countries through direct assistance; and
(4) 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.
(c) Due Consideration of Fact-Finding Mission Reports.--The
President and Secretary of State shall--
(1) appropriately review all past and future reports
presented by the Fact-Finding Mission to the UNHRC, including
the Detailed Findings published on September 25, 2020 (A/HRC/
45/33) and September 16, 2021 (A/HRC/48/69); and
(2) 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.
(d) 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).
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
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