In 2012, during the mandate of Hugo Chávez, Venezuela denounced the American Convention on Human Rights. Since then, The country has tried to evade its obligations before the Inter-American System.
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Venezuela has been in charge of questioning the jurisdiction of the Inter-American Court of Human Rights and, after that, in 2017, the Charter of the Organization of American States (OAS) was denounced, thus leaving the organization would be effective in 2019.
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But some political moves make Venezuela “remain” in the OAS, an entity that ignored Nicolás Maduro as president in 2018 and took on an official appointed by the OAS in 2019. Juan Guaidorecognized as interim president and supported by the United States.
Then, the National Assembly, headed by Guaidó, “ratified” Venezuela’s adherence to the OAS Charter and with it “the denunciation of the Convention was rendered null and void.” To be a representative before the body, Gustavo Tarre Briceño was appointed, whose designation was accepted by the majority of the member countries.
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Under this political conflict, the president of Colombia, Gustavo Petro, during his visit to Caracas, has proposed to Nicolás Maduro to re-enter the System. The Colombian president has insisted that Venezuela cannot remain isolated in the region.
“We have talked about the steps of the reconsideration of the Inter-American Human Rights System. I have been receptive and so it will be in the coming weeks,” Maduro said on Tuesday with Petro at the Miraflores Palace.
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We have talked about the steps of the reconsideration of the Inter-American Human Rights System. I have been receptive and will be in the coming weeks.
The last ambassador to the OAS of the Maduro government was Samuel Moncadawho now performs functions in the United Nations organization.
A few days ago, Antigua and Barbuda promoted in the OAS the proposal to revoke Gustavo Tarre Briceno as ambassador and representative of Guaidó. However, it was not achieved, the proposal did not have the 24 votes it needed.
Now, Maduro has said that he is considering re-entry, this before Petro’s proposal. Does it mean that the OAS should recognize Maduro? What will happen to Guaidó’s representative? These are some of the questions that arise.
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Despite the constant accusations against Venezuela about the violation of Human Rights, the lack of justice and weaknesses in democracy, after the 2012 complaint, the cases that reached the Inter-American Commission and those that were in the Court continued.
The Center for Justice and Peace (Cepaz) recalls that “Venezuela has not been excluded from these obligations, since the denunciation of the Convention did not reach the additional protocol or the other Inter-American Conventions.”
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As well as “the Inter-American Court has not been excluded with the complaint of the year 2012, since it can continue the procedural procedures on the cases pending decision.”
Cepaz cites the cases of “Henrique Capriles regarding Venezuela” (2013) and the case of “Milton Gerardo Revilla regarding Venezuela” (2010), both in Court. Or “Alfredo José Chirinos Salamanca and others regarding Venezuela” (2016) which is in the Commission.
ANA RODRIGUEZ BRAZON
TIME CORRESPONDENT
CARACAS
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