WHEN THE WRONGS IMPACT THE "RIGHTS": THE LONG-TERM FAILURE OF THE VENEZUELAN GOVERNMENT TO UPHOLD INTERNATIONAL CIVIL AND HUMAN RIGHTS LAW.

• Author: D'Amelio, Briana

1. INTRODUCTION

   The Bolivarian Republic of Venezuela (Venezuela) is a South American country once positively recognized for its exponential production and exportation of petroleum product. (1) Over the years and much more significantly as of recently, the focus of Venezuela's notoriety has shifted negatively toward the country's outward display of "authoritarian control" over its citizens. (2) This characterization became most visible upon the election of former President Hugo Chavez (Chavez) in 1999, though the country is still depicted in a negative light under the contested rule of Juan Guaido (Guaido), the uncertain successor of Nicolas Maduro (Maduro). (3) Guaido's "authoriatarian control" caused mass devastation for Venezuela, resulting in several recurring civil and humanitarian issues plaguing the country. (4)

   Many international civil and political rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) signed by Venezuela in 1969, seek to prevent situations such as these from occurring; nevertheless, they persist. (5)

   This Note will examine Venezuelan citizens' human and civil rights as the country continues to face a deeply impactful and prolonged crisis. (6) Part II will explore the background of the civil, humanitarian, and political issues that exist in Venezuela. (7) Additionally, this part will examine various governing treaties which the country recognizes and is party to. (8) Part III will analyze the plight of the Venezuelan citizen to demonstrate how the civil and human rights are being violated by the actions, or lack thereof, of the country's political leaders. (9) Part IV will discuss the need for the Venezuelan government to take responsibility for what many have considered to be an inadequate response to the country's collapse, while highlighting the ways other countries have assisted, and suggesting what more can be done on Venezuela's behalf. (10) In closing, Part V will propose that if Venezuela upholds the law it is bound to and appropriate action is taken, Venezuelan's civil and human rights may revert to what they once were. (11)

2. HISTORY

   1. The Civil, Political, and Humanitarian Issues of Venezuela

      1. Venezuela's Political History

         After declaring independence from Spain in 1810, Venezuela endured significant political instability throughout the years, with leaders including: Simon Bolivar, Antonio Guzman Blanco, Cipriano Castro, Juan Vincente Gomez, Romulo Gallegos Freire, Col. Marcos Perez Jiminez, Romulo Betancourt, and Carlos Andres Perez. (12) As the faces representing the country's government changed, so did the country's constitution and political atmosphere. (13) This was particularly so during the reign of Chavez, a former convict who held the country's laws tight within his control and sought widespread reform. (14)

      2. When Venezuela Began to Diminish at the Hands of the Government

         While a few believed some of Chavez's actions benefitted Venezuela, upon his formal acquisition of the title "President of Venezuela," most believed that his dealings caused more harm than good--ultimately triggering criticism of the once powerful country for its controlling and "socialist" ways, "concentration[s] of power[,] and open disregard for basic human rights guarantees." (15) In 2010--in the midst of Chavez's fourteen-year rule--the country began to experience heightened crime rates, "record-high [levels of] inflation[,]" and additional shortages of food and other essential goods. (16) Upon the untimely death of Chavez in 2013, Maduro entered the political scene and in doing so, made his own unfavorable impression on the country's citizens. (17)

      3. Venezuela's Current Political Landscape

         According to its acting constitution, Venezuela's government falls under the category of a "federal presidential republic." (18) Surely a benefit to some, Venezuela citizens elect their president to serve a six-year term by a plurality vote--one that does not constitute a majority, but rather the highest number of votes amongst those listed on the electoral slate. (19) There are two dominant political parties--including the United Socialist Party of Venezuela (PSUV) and the Communist Party of Venezuela (PCV)--as well as several opposition parties-including the Democratic Action, Justice First, A New Era, Popular Will, and the Radical Cause, among others. (20)

         Following his election in 2013, Maduro of PSUV gained control of Venezuela, winning by "the narrowest margin for a Venezuelan presidential election since 1968." (21) Maduro not only absorbed the pre-existing issues from Chavez's reign, but also further deteriorated the crumbling country, resulting in the "country's worst economic meltdown... chronic food shortages," and the flight of millions of citizens out of the country. (22) As the years passed and issues remained unresolved, Guaido, opposition leader of the Popular Will party, challenged Maduro near the end of 2018. (23) Despite Guaido declaring him-self the victor of the race at the start of the following year, the question still remains of who is actually the current and legitimate leader of Venezuela. (24)

      4. The Crisis that Ensued

         With seemingly constant political and governmental issues in Venezuela, spotlighted by American media, it was inevitable that the issues would have a larger impact and become more deeply ingrained into the country. (25) The conflicting words and actions of Maduro and Guaido, who both fallaciously call themselves president, has weakened the country and prevented significant improvement from being made. (26) These issues have transformed into a "humanitarian disaster." (27) Citizens have fled, medical services have become virtually non-existent, food supplies have become bare, citizens have been censored from partaking in fully-legal activity, and mortality rates have skyrocketed, nearly paralleling the number of those suffering from illnesses like Malaria, Zika, and even COVID-19. (28)

   2. International Civil and Human Rights Instruments 1. Universal Declaration of Human Rights

      The Universal Declaration of Human Rights (UDHR) is a document created to protect the fundamental rights of humans on a universal level. (29) Regardless of "nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status, the international community... made a commitment to upholding dignity and justice for all" on enactment. (30) Though not binding because of its lack of treaty status, the UDHR does have a noticeable impact on international human rights. (31) The UDHR contains thirty articles, ranging from the "right to life, liberty and security of person" in Article 3, to the right of education in Article 26. (32) Acting as a steady and dependable foundation, the UDHR paved the way for the binding treaties known as the ICCPR and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). (33)

      2. International Covenant on Civil and Political Rights

         The ICCPR was adopted by the United Nations, began accepting signatures on December 16, 1966, and entered into force on March 23, 1976. (34) The ICCPR is one of the most widely recognized multilateral human rights treaties and holds the civil and political rights of individuals, to the highest standard of protection. (35) This treaty contains fifty-three articles that address the essential human rights protections across a broad spectrum. (36) Guaranteed to those who call the Member States of this treaty their lawful home are the rights to "life and survival" articulated in Article 6 and Article 9's "right to liberty and security of person[,]" and freedom from "arbitrary arrest or detention." (37)

         Also protected under the ICCPR is the right to "freedom of expression" and opinion of Article 19, and the "right to participate in the conduct of public affairs,... to vote and to be elected... [, and] access... to public service" noted within Article 25. (38) Under Article 4, however, Member States are allowed to deviate from certain obligations and requirements of the treaty during "time[s] of public emergency which threaten[ ] the life of the nation." (39) The ICCPR, along with the Universal Declaration of Human Rights (UDHR) and the (ICESCR), are viewed as complementary, and are considered to be the International Bill of Human Rights when taken all together. (40)

      3. International Covenant on Economic, Social, and Cultural Rights

         The ICESCR opened for signatures to commence on December 19. (41) The ICESCR addresses human rights and seeks to safeguard "economic, social and cultural rights." (42) These rights, split into three subdivisions, pertain to the "freedoms, privileges, and entitlements that individuals and communities require to live a life of dignity." (43) The treaty contains thirty-one articles, each of which lays down the framework for what citizens of the Member States citizen are entitled to and the requirement that Member States are to enforce, or prohibit, certain practices. (44) The rights accessible to individuals, each noted and highlighted within the treaty, include Article 1's "right of self-determination[,]" Article 11's right "to be free from hunger," and Article 12's right "of the highest attainable standard of physical and mental health." (45) One of the most important governmental obligations is the requirement of Article 5, which provides that no individuals situated within a Member State to this treaty, including government officials, may contribute to the destruction of the rights detailed within the ICESCR. (46)

      4. Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

         The Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) was adopted on December 10, 1984, and entered into force on June 26, 1987. (47) The CAT is a human rights treaty that seeks to prohibit government officials from using torture tactics and protects...