AFFECT Human Rights in Venezuela Act

II 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) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To direct the United States Government to support extending the mandate of the Independent International Fact-Find- ing Mission on Venezuela until a resolution of the Ven- ezuelan crisis is achieved. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Assuring that the 4 Fact-Finding Examination Continues to Track Human 5 Rights in Venezuela Act’’ or the ‘‘AFFECT Human 6 Rights in Venezuela Act’’. 7 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1931 IS SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) The United Nations Human Rights Council 3 Resolution adopted Resolution 42/25 on September 4 27, 2019, establishing an independent fact-finding 5 mission (referred to in this Act as the ‘‘Fact-Finding 6 Mission’’) on the Bolivarian Republic of Venezuela 7 ‘‘to investigate extrajudicial executions, enforced dis- 8 appearances, arbitrary detentions and torture and 9 other cruel, inhuman or degrading treatment since 10 2014 with a view to ensuring full accountability for 11 perpetrators and justice for victims’’. 12 (2) The mandate of the Fact-Finding Mission 13 was extended by the United Nations Human Rights 14 Council in 2020 for two years, and on October 7, 15 2022, for an additional two years, with a view to 16 combating impunity and ensuring full accountability 17 for perpetrators and justice for victims. 18 (3) The Fact-Finding Mission has faced several 19 constraints, including lack of access to work in-coun- 20 try, travel limitations due to the COVID–19 pan- 21 demic, disrupted interviews due to electricity and 22 internet failures, and limited ability to secure wit- 23 ness statements and key documents. Despite these 24 challenges, the Fact-Finding Mission has been able 25 to carry out its investigative and analytical work, 26 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1931 IS and generate reports that serve as an invaluable re- 1 source for victims, civil society organizations, and 2 international accountability mechanisms. 3 (4) The Fact-Finding Mission has identified 4 specific incidents and patterns establishing reason- 5 able grounds to conclude that violations of inter- 6 national human rights and criminal law have been 7 committed in Venezuela, according to its October 8 2022 report. 9 (5) The Fact-Finding Mission’s October 2022 10 report concludes ‘‘that crimes and violations, 11 amounting to crimes against humanity, including ex- 12 tremely grave acts of torture, were committed by in- 13 dividuals holding various positions within the hierar- 14 chies of [the Venezuelan General Directorate of Mili- 15 tary Counterintelligence] and [the Bolivarian Na- 16 tional Intelligence Service] as part of a plan de- 17 signed by high-level authorities to repress opponents 18 of the Government’’. 19 (6) Marta Valin˜as, Chair of the Fact-Finding 20 Mission, stated in January 2023 that the Maduro 21 regime’s proposed law restricting the activities of 22 nongovernmental organizations ‘‘could represent a 23 point of no return in the closure of the civic and 24 democratic space’’ and noted that organizations 25 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1931 IS working in the areas of human rights in Venezuela 1 are facing increased legal and operational hurdles, 2 including surveillance by Venezuelan intelligence 3 services and diminished access to funding. 4 (7) Women and girls fleeing Venezuela face 5 grave threats of sexual violence, exploitation, and 6 trafficking by armed groups operating in border re- 7 gions, such as the Eje´rcito de Liberacio´n Nacional 8 (ELN). 9 (8) The Fact-Finding Mission continues to urge 10 members of the United Nations Human Rights 11 Council to ‘‘continue to pay close attention to devel- 12 opments in the Bolivarian Republic of Venezuela and 13 to monitor whether credible progress is being made 14 in advancing justice, accountability and respect for 15 human rights’’. 16 (9) The United States has historically used its 17 voice, vote, and influence at the United Nations to 18 address human rights abuses around the world and 19 to seek to hold perpetrators accountable. 20 SEC. 3. ACTIONS RELATING TO THE FACT-FINDING MISSION 21 ON VENEZUELA. 22 (a) SUPPORT TO EXTEND MANDATE.—The Sec- 23 retary of State shall take such actions as may be necessary 24 to use the voice, vote, and influence of the United States 25 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1931 IS in the United Nations Human Rights Council (UNHRC) 1 and the United Nations General Assembly (UNGA) to 2 seek to— 3 (1) extend the mandate of the Independent 4 International Fact-Finding Mission on the 5 Bolivarian Republic of Venezuela to continue until a 6 resolution of the crisis in Venezuelan that includes— 7 (A) holding a new presidential election that 8 complies with international standards for a free, 9 fair, and transparent electoral process; 10 (B) ending Nicolas Maduro’s usurpation of 11 presidential authorities; 12 (C) restoring democracy and the rule of 13 law; 14 (D) freeing political prisoners; and 15 (E) facilitating the consistent delivery of 16 humanitarian aid; 17 (2) encourage international support to empower 18 the Fact-Finding Mission to thoroughly conduct its 19 stated purpose of investigating gross violations of 20 human rights perpetrated in Venezuela since 2014; 21 (3) urge the Fact-Finding Mission to raise early 22 warnings of further deterioration of the human 23 rights situation in Venezuela, particularly ahead of 24 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1931 IS the country’s elections expected in the country for 1 2024 and 2025; and 2 (4) provide investigative and technical assist- 3 ance to the Fact-Finding Mission as requested and 4 as permitted within the United Nations Rules and 5 Regulations and within United States law. 6 (b) SUPPORT FOR FURTHER ACTION.—The Presi- 7 dent is authorized to direct the United States Permanent 8 Representative to the United Nations to use the voice, 9 vote, and influence of the United States to urge the United 10 Nations to provide greater action with respect to human 11 rights violations in Venezuela by— 12 (1) urging the UNGA to consider a resolution 13 condemning the Venezuelan regime’s use of political 14 prisoners and wrongfully detained foreign nationals 15 as leverage to extract concessions from its adver- 16 saries consistent with prior United Nations resolu- 17 tions; 18 (2) assisting efforts by the relevant United Na- 19 tions Special Envoys and Special Rapporteurs to se- 20 cure the release of all political prisoners and wrong- 21 fully detained foreign nationals in Venezuela, includ- 22 ing Americans, promote respect for human rights, 23 and encourage dialogue towards a peaceful and 24 democratic transfer of power; 25 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1931 IS (3) urging the United Nations and specialized 1 agencies to address the humanitarian needs of the 2 people of Venezuela, including— 3 (A) enhancing the reach of existing United 4 Nations programs that fund nongovernmental 5 organizations which provide critical services to 6 residents of Venezuela and who may be subject 7 to restrictive policies by the regime of Nicola´s 8 Maduro; and 9 (B) providing direct assistance to vulner- 10 able Venezuelan refugees and migrants in third 11 countries; 12 (4) urging United Nations member states and 13 other donors to support present and future United 14 Nations funding appeals with the purpose of improv- 15 ing humanitarian conditions in Venezuela; and 16 (5) supporting access for humanitarian actors, 17 independent media, and credible international legal 18 and judicial entities, including future United Na- 19 tions fact-finding missions and similar investigatory 20 mechanisms, to people residing in Venezuela and to 21 the growing Venezuelan diaspora. 22 (c) DUE CONSIDERATION OF FACT-FINDING MIS- 23 SION REPORTS.—The President and the Secretary of 24 State shall— 25 VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1931 IS (1) appropriately review all past and future re- 1 ports presented by the Fact-Finding Mission to 2 United Nations bodies; and 3 (2) give due consideration to the Fact-Finding 4 Mission’s reported conclusions in developing and exe- 5 cuting the foreign policy of the United States with 6 respect to Venezuela. 7 (d) REPORT.—Not later than 90 days after the date 8 of the enactment of this Act, and annually thereafter until 9 the expiration of the official mandate of the Fact-Finding 10 Mission, the Secretary of State shall submit to the appro- 11 priate congressional committees a report on the implemen- 12 tation of the actions described in subsections (a), (b), and 13 (c). 14 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 15 FINED.—In this section, the term ‘‘appropriate congres- 16 sional committees’’ means— 17 (1) the Committee on Foreign Relations and 18 the Committee on Appropriations of the Senate; and 19 (2) the Committee on Foreign Affairs and the 20 Committee on Appropriations of the House of Rep- 21 resentatives. 22 Æ VerDate Sep 11 2014 01:42 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1931.IS S1931 pbinns on DSKJLVW7X2PROD with $$_JOB