[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1931 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1931
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
June 13, 2023
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''.
(2) 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.
(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 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.
(5) The Fact-Finding Mission's October 2022 report
concludes ``that crimes and violations, amounting to crimes
against humanity, including extremely grave acts of torture,
were committed by individuals holding various positions within
the hierarchies of [the Venezuelan General Directorate of
Military Counterintelligence] and [the Bolivarian National
Intelligence Service] as part of a plan designed by high-level
authorities to repress opponents of the Government''.
(6) Marta Valinas, Chair of the Fact-Finding Mission,
stated in January 2023 that the Maduro regime's proposed law
restricting the activities of nongovernmental organizations
``could represent a point of no return in the closure of the
civic and democratic space'' and noted that organizations
working in the areas of human rights in Venezuela are facing
increased legal and operational hurdles, including surveillance
by Venezuelan intelligence services and diminished access to
funding.
(7) Women and girls fleeing Venezuela face grave threats of
sexual violence, exploitation, and trafficking by armed groups
operating in border regions, such as the Ejercito de Liberacion
Nacional (ELN).
(8) The Fact-Finding Mission continues to urge members of
the United Nations Human Rights Council to ``continue to pay
close attention to developments in the Bolivarian Republic of
Venezuela and to monitor whether credible progress is being
made in advancing justice, accountability and respect for human
rights''.
(9) 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.
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--
(A) enhancing the reach of existing United Nations
programs that fund nongovernmental organizations which
provide critical services to residents of Venezuela and
who may be subject to restrictive policies by the
regime of Nicolas Maduro; and
(B) providing direct assistance to vulnerable
Venezuelan refugees and migrants in third countries;
(4) urging United Nations member states and other donors to
support present and future United Nations funding appeals with
the purpose of improving humanitarian conditions in Venezuela;
and
(5) 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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