Public statement on Venezuela’s decision to withdraw from the American Convention on Human Rights
Conectas urges region’s governments, particularly Mercosur members, to condemn the decision
September 12, 2012
Public statement.
On September 10, the government of Venezuela began the process to pull out of the American Convention on Human Rights. The announcement was made by José Miguel Insulza, Secretary General of the Organization of American States (OAS), in a press release (in spanish). As a result, Venezuela will no longer be bound by the Costa Rica-based Inter-American Court of Human Rights.
The withdrawal from the American Convention reduces the international human rights protection for the most vulnerable segments of the Venezuelan population, depriving them of an essential tool for protecting their fundamental rights and guarantees. Furthermore, the denunciation (the technical term for withdrawal from a treaty) in itself weakens the overall Inter-American Human Rights System, since it has occurred at an extremely vulnerable time for the system, which is undergoing a series of reforms that could undermine its authority. A denunciation of the Convention is a rejection of the system itself and its historic importance in the protection and promotion of human rights.
The countries in the region, particularly Brazil, that have been emphasizing the importance of universal adherence to the Inter-American System as one of the pillars for its strengthening should emphatically express their opposition to the withdrawal and take steps to urge Venezuela to reconsider its decision.
According to article 78 of the American Convention, withdrawal only becomes effective one year after the notice of denunciation is given to the OAS Secretary General, which occurred on September 10. Until this notice period expires, the court still has jurisdiction in cases of violations committed by the Venezuelan state, which will not be exempt from any sentences. If the Venezuelan government does not reverse its position during this one-year period, then the Inter-American Commission on Human Rights will be the only regional body able to assess the human rights situation in the country. This is because the Commission, as an OAS body, has the authority to analyze the human rights situations of all member states, under the OAS Charter, without the need for additional ratifications.
Finally, it is important to emphasize the need for members of the Mercosur trading bloc to work together to resolve the situation. Mercosur countries recently admitted Venezuela as a full member, taking into account its regulatory framework on human rights protection. The denunciation of the Convention represents a setback about which Venezuela should be confronted in this sphere. As a result of the denunciation, Venezuela has generated a dangerous imbalance, since it will be the only Mercosur country that is not party to the Convention. The meeting of the Mercosur’s High-Level Human Rights Authorities, the bloc’s most senior body for discussing these issues, must call on Venezuela to reconsider its position. Furthermore, the national congresses of the member countries that admitted Venezuela should also request explanations from their respective foreign affairs and human rights ministries on the matter.
Read more:
Read the statement (in spanish) from the UN High Commissioner for Human Rights, Navi Pillay, on the denunciation of the Convention by Venezuela.
Politicization of human rights in Venezuela leaves citizens unprotected (in Portuguese)
