[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5182 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5182
To direct the United States Government to support extending the mandate
of the Independent International Fact-Finding Mission on Venezuela
until a resolution of the Venezuelan crisis is achieved.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2022
Mr. Kaine (for himself, Mr. Rubio, Mr. Cardin, and Mr. Hagerty)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To direct the United States Government to support extending the mandate
of the Independent International Fact-Finding Mission on Venezuela
until a resolution of the Venezuelan crisis is achieved.
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) The United Nations Human Rights Council Resolution
adopted Resolution 42/25 on September 27, 2019, establishing an
independent fact-finding mission (referred to in this Act as
the ``Fact-Finding Mission'') on the Bolivarian Republic of
Venezuela ``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 in 2020 for two
years, and on October 7, 2022, for an additional two years,
with a view to combating impunity and ensuring full
accountability for perpetrators and justice for victims.
(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
October 2022 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 has been 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 on
Venezuela, stated in September 2022 that the Mission's
investigations and analysis show ``that the Venezuelan State
relies on the intelligence services and its agents to repress
dissent in the country. In doing so, grave crimes and human
rights violations are being committed, including acts of
torture and sexual violence. These practices must stop
immediately, and the individuals responsible must be
investigated and prosecuted in accordance with the law.''.
SEC. 3. ACTIONS RELATING TO THE FACT-FINDING MISSION ON 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 to
continue until a resolution of the crisis in Venezuelan that
includes--
(A) holding a new presidential election that
complies with international standards for a free, fair,
and transparent electoral process;
(B) ending Nicolas Maduro's usurpation of
presidential authorities;
(C) restoring democracy and the rule of law;
(D) freeing political prisoners; and
(E) facilitating the consistent delivery of
humanitarian aid;
(2) encourage international support to empower the Fact-
Finding Mission to thoroughly conduct its stated purpose of
investigating gross violations of human rights perpetrated in
Venezuela since 2014;
(3) urge the Fact-Finding Mission to raise early warnings
of further deterioration of the human rights situation in
Venezuela, particularly ahead of the country's elections
expected in the country for 2024 and 2025; and
(4) provide investigative and technical assistance to the
Fact-Finding Mission as requested and as permitted within the
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 as leverage to extract concessions
from its adversaries consistent with prior United Nations
resolutions;
(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, including Americans, 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 the Secretary of State shall--
(1) appropriately review all past and future reports
presented by the Fact-Finding Mission to United Nations bodies;
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 Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
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