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Venezuela: a Uniquely Senian Insight Into a Human Rights Crisis Andrea I

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Venezuela: a Uniquely Senian Insight Into a Human Rights Crisis Andrea I Brooklyn Journal of International Law Volume 44 | Issue 1 Article 8 12-1-2018 Venezuela: A Uniquely Senian Insight into a Human Rights Crisis Andrea I. Scheer Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Part of the Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Law and Philosophy Commons, Law and Politics Commons, Military, War, and Peace Commons, Other Law Commons, and the Transnational Law Commons Recommended Citation Andrea I. Scheer, Venezuela: A Uniquely Senian Insight into a Human Rights Crisis, 44 Brook. J. Int'l L. 345 (2018). Available at: https://brooklynworks.brooklaw.edu/bjil/vol44/iss1/8 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. VENEZUELA: A UNIQUELY SENIAN INSIGHT INTO A HUMAN RIGHTS CRISIS INTRODUCTION he Preamble of the Universal Declaration of Human TRights (UDHR) states: Whereas disregard and contempt for human rights have re- sulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear . [w]hereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.1 The UDHR marked a new era in human history, particularly acknowledging human rights as universal, equal and inaliena- ble.2 It additionally allowed for the recognition and achievement of a wide range of civil, political, economic, social and cultural rights through legal enactments supported by institutional and policy changes.3 Almost seventy years after the UDHR’s adop- tion, gross and systematic human rights abuses continue to be perpetrated throughout the world.4 1. Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 at 71 (1948) [hereinafter UDHR]. The following UDHR Articles are piv- otal to this note, [A]rticle 19: Everyone has the right to freedom of opinion and expression, including freedom to hold opinions without inter- ference and to seek, receive and impart information and ideas through any media; Article 20: (1) Everyone has the right to freedom of peaceful assembly and association; (2) No one may be compelled to belong to an association; Article 24: (1) Eve- ryone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services. Id. 2. Laksiri Fernando, Human Rights Day: Importance of the UDHR, COLOMBO TELEGRAPH (Dec. 9, 2012), https://www.colombotelegraph.com/in- dex.php/human-rights-day-importance-of-the-udhr/. 3. Id. 4. Id. 346 BROOK. J. INT’L L. [Vol. 44:1 Venezuela is a country that has, for decades, undermined the most basic human rights set forth in the UDHR, by intimidating and prosecuting politically dissenting citizens.5 Politically dis- senting citizens are almost always met with a generalized and systematic use of excessive force.6 Most notably, in recent years, arbitrary detentions of dissenters during demonstrations against the government of President Nicolas Maduro7 have worsened.8 For almost two decades, during the course of their political terms, Venezuelan political leaders have blatantly dis- regarded their citizens’ human rights.9 Under the leadership of Nicolas Maduro and former President Hugo Chavez,10 the executive branch has accumulated substan- tial amounts of power over the nation’s legislative and judicial branches.11 As a result, the country is currently in a multidimen- sional humanitarian and economic crisis, which includes severe food and medicine shortages as well as staggering inflation 5. HUMAN RIGHTS WATCH, WORLD REPORT 2017: VENEZUELA EVENTS OF 2016 (2017), https://www.hrw.org/sites/default/files/venezuela_2.pdf [hereinaf- ter VENEZUELA EVENTS OF 2016]. 6. Id. 7. Jeff Wallenfeldt, Nicolas Maduro, President of Venezuela, ENCYCLOPEDIA BRITANNICA, https://www.britannica.com/biography/Nicolas- Maduro (last visited Nov. 12, 2018). Nicolas Maduro, is Venezuela’s current President and was a former political and labor leader. In April 2013, Maduro was appointed to serve out the remainder presidential term following the death of former President, Hugo Chavez. Id. Throughout his presidential term, Ma- duro has voiced his massive support of chavismo,’ the political system and ide- ology established by Chavez. Id. 8. “High-level authorities have labeled demonstrators and journalists as enemies’ and terrorists.’” Human Rights Violations Indicate Repressive Policy of Venezuelan Authorities UN Report, U.N. NEWS CENTRE (Aug. 30, 2017), http://www.un.org/apps/news/story.asp?NewsID=57437-.WbCC-a2ZNE4. 9. VENEZUELA EVENTS OF 2016, supra note 5. 10. Brian A. Nelson, Hugo Chavez, President of Venezuela, ENCYCLOPEDIA BRITANNICA, https://www.britannica.com/biography/Hugo-Chavez (last visited Nov. 12, 2018). Hugo Rafael Chávez Frías, former President of Venezuela, died on March 5, 2013. Id. Notably, Chavez established what is now known as the “Bolivarian Revolution,” a socialist political program. Id. Chavez’s ideology was chavismo, a system notoriously guided by principles of nationalism, a cen- tralized economy, and strong military engagement in public missions. Id. Par- ticularly, Chavez’s bestowed ideologies have led to repression, corruption, pre- cipitous inflation, high crime rates and lack of economic growth within the country. The World Factbook: Venezuela, C.I.A., https://www.cia.gov/li- brary/publications/the-world-factbook/geos/ve.html (last visited Oct. 2, 2018). 11. VENEZUELA EVENTS OF 2016, supra note 5. 2018] Venezuela: A Uniquely Senian Insight 347 rates.12 Venezuela’s deeply rooted economic crisis has played a decisive role in the country’s current demands for humanitarian assistance.13 The World Bank14 describes Venezuela as a country with one of the worst business environments in the world, and is only outdone by Eritrea, Libya and South Sudan in this re- gard.15 Venezuela faces shortages of medicine, medical supplies, and food, which make it extremely difficult for many people to obtain essential medical care and adequate nutrition.16 Notably, the Secretary General of the Organization of American States17 12. Id. 13. Id. Absent official statistics, foreign experts estimate that in 2017, in Venezuela, GDP declined by 12 percent, inflation exceeded 2000 percent and there were extensive resources shortages, including food and medicine. The World Factbook: Venezuela, supra note 10. Particularly, Venezuela’s unem- ployment rate is at 26.4 percent. Id. Most recent statistics show that 19.7 per- cent of Venezuelans live below the poverty line. Id. 14. See generally, WBG, DOING BUSINESS 2017: EQUAL OPPORTUNITY FOR ALL (14th ed. 2017), http://www.doingbusiness.org/~/me- dia/WBG/DoingBusiness/Documents/Annual-Reports/English/DB17- Report.pdf. The World Bank’s 2017 flagship report on business regulation ranks world economies 1 to 190. Id. It measures and details the tangible effect of governmental policy to the economy and highlights large discrepancies be- tween high and low-income economies. Id. Factors measured by the report in- clude “starting a business, dealing with construction permits, getting electric- ity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency, and la- bor market regulation.” Id. at 14. The rankings are benchmarked to June 2016, while an arrow signifies an improvement in the overall economy of a specific country; absence of an arrow indicates no improvement of deterioration. Id. at 7. In the case of Venezuela, there is no arrow, which indicates that its ranking has neither improved and likely deteriorated since 2016. Id. 15. Id. at 7. 16. Org. of Am. States [OAS] Secretary General, Letter dated Mar. 14, 2017 from the Secretary General addressed to the Permanent Representative of Be- lize to the Organization of American States, OAS Doc. OSG/128-17, 26 (Mar. 14, 2017), http://www.oas.org/documents/eng/press/Informe-VZ-II-English- Final-Signed.pdf [hereinafter Almagro Letter]. 17. See About the OAS, Who We Are, OAS, http://www.oas.org/en/about/who_we_are.asp (last visited Oct. 2, 2018). The Organization of American States, the world’s oldest regional organization, was formed on or around 1890. The OAS seeks for its member states to function under Article 1 of its Charter: “[t]o promote solidarity, to strengthen their col- laboration, and to defend their sovereignty, their territorial integrity, and their independence.” Id. The OAS is the main “political, judicial, and social govern- mental forum” of the Americas. Id. 348 BROOK. J. INT’L L. [Vol. 44:1 (OAS) has said that the Venezuelan government “[h]as down- played the severity of the crisis and has failed in its efforts to alleviate the shortages by making limited attempts to obtain available international humanitarian assistance.”18 In light of the Venezuelan government’s reluctance in recognizing the clear and present crisis in the country,19 on July 22, 2016, the Inter- American Human Rights Commission (IACHR) issued a state- ment, in which it expressed its regret over the urgent situation of scarcity in Venezuela: “[T]his situation has led to a significant deterioration in living conditions in the country and an increase in violence, which results in harm to people’s health, personal integrity, and life, to the detriment of the rights protected by in- ter-American and universal human rights instruments.”20 The IACHR has, over the years, recognized Venezuela’s fading democracy, noting that the country’s crisis is in part due to seri- ous and ongoing obstacles set forth by both, the executive and judicial branches, on the legislative branch of the government.21 Particularly, the IACHR stresses that Venezuela’s Supreme Court’s arbitrary and unconstitutional decisions have played a key role in Venezuela’s humanitarian crisis.22 18.
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