By Carlos González
This picture shows a remarkable interaction between Democracy (the power of the people), the international nature of human rights and the right to vote, and a subtle reference to Venezuela, which is in the center of the picture, and the people are looking at it with massive expectation. (Source: Freepik; https://www.freepik.com/free-ai-image/people-celebrating-world-population-day_186512385.htm#fromView=serie&position=6)
Introduction
Venezuela’s unique historical and governance context provides an opportunity for a deeper examination of the factors that led to the current social, political, and economic crises in the country over the last 10 years. It also allows for an investigation of the circumstances surrounding the recent presidential election held on July 28th, 2024, between Nicolas Maduro, the incumbent President, and Edmundo González, the opposition candidate. The controversial electoral process gave rise to multiple claims of fraud and political and legal disputes across the international community.
Beyond evaluating the political affiliations and ideological debates regarding Venezuela and the recent presidential election, this research paper offers a critical analysis to examine this scenario, the standard of the human right to vote and it determines if the current government has violated this right.
Accordingly, this paper first provides an overview of the contextual background on human rights in Venezuela, with a special focus on its current political crisis, and then elaborates on the applicable legal framework, drawing on international human rights law. Thereafter, the paper specifically analyzes the content and composition of the human right to vote according to international standards. Drawing on this analysis, the author finally examines and concludes whether the current Venezuelan government violated this human right in the 2024 presidential election.
The central conclusion of the paper is that the current Venezuelan government has breached the right’s four key elements, as recognized under international law. These elements include the holding of free, genuine, and periodic elections, and the guarantee of public freedoms.
Context of human rights in Venezuela
Massive migration
Venezuela has suffered from crises in the political, social, economic, and humanitarian spheres in the last ten years, which has affected the quality of life for millions of people living in the country. These crises have spurred the emigration of more than 7 million Venezuelans to different countries around the world, creating migrant flows especially into Colombia, Perú, Chile, and the greater Americas region.[1]
These host countries have assumed the responsibility and costs associated with receiving large amounts of people seeking asylum or crossing borders unlawfully, including the provision of healthcare, housing, food, education, and other basic services.[2] These countries are also involved in transition and resettlement arrangements to ensure that migrants reach their final destinations in the United States, Spain, or other European countries.[3]
Therefore, the migrant crisis has had a substantial impact in the international arena, pressing countries and governments to deal with a large volume of migrants amidst limited resources. This has forced countries to face difficult decisions regarding Venezuela, in terms of diplomacy, sanctions, and whether to trade with it, or recognize its leaders.
Government repression
The Human Rights Council and the Office of the UN High Commissioner on Human Rights (OHCHR), has on multiple occasions denounced the repressive actions of the government in Venezuela.[4] For example, the OHCHR has documented “21 accounts of threats and harassment, 46 cases of stigmatization in social media or public broadcasts by State officials, and 17 instances of criminalization, including 10 cases of arbitrary detention against human rights defenders, journalists and other civil society actors, including eight women.”[5]
The United Nations Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (FFMV), established by the UN Human Rights Council, also detailed continuous acts to repress dissent among leaders, protestors, journalists, and members of opposition parties, citing acts involving illegal detentions and torture.[6]
Political crisis
To understand this sphere, it is necessary to go back to the important role of Hugo Chavez, who was the President of Venezuela between 2002 and 2013. His government was characterized by left-oriented policies (the so-called socialism of the XXI century), along with a strong orientation of anti-American and anti-capitalist ideas. Chavez’ presidency brought deep changes to Venezuelan politics, including a new constitution and even a new name for the country, which is now the Bolivarian Republic of Venezuela (in honor of Simon Bolivar, the Liberator of many countries in Latin America).[7]
Chavez founded the Partido Socialista Unido de Venezuela (PSUV) or the United Socialist Party of Venezuela, and Nicolas Maduro served as the Minister of Foreign Affairs and his Vice President.[8] In 2013, Chavez suffered from cancer and died while still in power. Subsequently, Maduro became the new face of Chavez’s movement and ideology. He allegedly won the 2013 presidential election with 50.62% of the vote against Henrique Capriles’ 49.12%.[9]
In 2018, Nicolas Maduro was reelected president despite a great part of the international community decrying the election as illegitimate.[10] Many countries denounced the unlawful prohibition placed on most of Maduro’s opposition candidates to run for presidency, including Capriles and other notable leaders of the opposition. These prohibitions were based on weak criminal or administrative trials, and the imposition of general bans on political parties opposing Maduro to field candidates. This resulted in a campaign of the current president versus mostly unknown candidates who had no serious chance of competing with him.[11]
In the following years, from 2019 to 2023, Juan Guaidó was proclaimed the interim president of the country by the National Assembly – the legislative body of Venezuela. The National Assembly made this decision based on the illegitimate reelection of Maduro, considering him “absent” according to the Constitution and proclaiming Guaidó because of his role as president of the assembly.[12] Guaidó challenged Maduro’s government and governance, causing years of disputes in the national and international arena. Nonetheless, despite the multiple efforts from the opposition and the recognition of countries like Colombia, the entire European Union and the United States (who imposed economic sanctions on Venezuela), the interim presidency of Guaidó did not end in full recognition of his mandate and Maduro remained in power.[13]
This scenario led to several negotiations with opposition representatives and international governments, such as the United States, regarding the withdrawal of economic sanctions and the planning of the 2024 presidential election. The negotiations ended with the 2023 Barbados Agreement between Maduro’s government and the opposition represented by the Plataforma Unitaria de Venezuela (Unitary Platform of Venezuela). The agreement required the holding of presidential elections, the release of journalists and opposition representatives, guaranteeing the freedom of opposition candidates to run for election, a commitment to allow fair and transparent elections, and invitations to international electoral missions to oversee the process in the country.[14]
The Barbados Agreement led to a primary election of the opposition, where the Unitary Platform chose their candidate to run against another possible reelection of Maduro. The winner of this primary election was Maria Corina Machado, a former political rival of Maduro. Nonetheless, the National Electoral Council – an organization controlled by the Maduro government and their party, PSUV[15]– suspended the effects of the primary election, arguing they could not conduct an internal election because it had to be organized by the Electoral Council.[16]
Moreover, in the same month of October 2023, the Venezuelan General Attorney, a member of PSUV,[17] levied a criminal accusation against the organizers of the election alleging that they had committed fraud, assumed powers illegally, and engaged in criminal association.[18] Following this, the Supreme Tribunal of Venezuela did not allow Machado to run against Maduro in 2024 because she had a weak administrative sanction from the General Comptroller (Contraloría), an administrative institution controlled by the PSUV.[19]
2024 presidential election
During the run-up to the 2024 presidential election, the opposition had to change its candidates several times based on who the government allowed to run. Machado previously promoted the nomination of Corina Yoris from the Plataforma Unitaria Democrática (PUD or the United Democratic Platform), but Yoris was blocked by the government in the inscription platform.[20] The final candidate elected by the opposition was Edmundo González, a former diplomat and ambassador of Venezuela.[21]
The presidential election was held on July 28th between several candidates, including frontrunners Maduro and González, after multiple protests, repression, alleged violations of rules regarding the day of the election, intimidation, and other irregularities.[22] The Electoral Council announced that Maduro won reelection with 51.9% of the vote, with 43.18% of the vote going to González. However, the opposition contested these results and claimed fraud, declaring that González won the elections with 67.08% of votes against Maduro’s 30.46%.[23] Days after the election, the opposition published the voting records of thousands of voting centers which matched their results, giving the victory to González.[24]
The Supreme Tribunal of Venezuela, being the highest court and representative of justice in the country, was also influenced by the PSUV government and was controlled by most justices in favor of PSUV. The Supreme Tribunal ruled in favor of Maduro.[25] The Tribunal did not give sufficient reasons for this decision, and they did not publish the official voting records to prove the victory of the former president.[26] This lack of transparency caused an outcry from the international community with dozens of governments calling for the release of voting records or directly accusing Maduro’s government of fraud.[27]
Even the two electoral missions allowed by the Maduro government to oversee the election process, the Carter Center and a mission from the United Nations, highlighted multiple irregularities in the July 28th election. The electoral supervisors stated they could not confirm the results presented by the Venezuelan Electoral Council, further heightening suspicions of fraud within Venezuela and across the international community.[28]
Therefore, despite this background of political, social, and humanitarian crises and the political criticism to the 2024 presidential elections, this paper proceeds to analyze these facts from the lens of international human rights law. The author’s focus is to specifically address the human right to vote, its nature and composition, and how this right has been violated in Venezuela.
Applicable legal framework in international human rights law
Instruments of international law
The principal international instrument regarding human rights and the human right to vote is the Universal Declaration of Human Rights (UDHR) of 1948. Venezuela voted in favor of it and Article 21 of the UDHR stipulates:
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.[29]
The second principal instrument in international human rights law is the Covenant on Civil and Political Rights (ICCPR) created in 1966. Venezuela ratified the ICCPR in 1978 as well as its Optional Protocol on acceptance of the individual complaint procedures.[30] Article 25 of this Covenant expresses that:
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.[31]
Further, at the regional level, the American Convention of Human Rights created in 1969 also recognizes the right to vote, and Venezuela ratified the Convention in 1977.[32] Nonetheless, Chavez’s government denounced this treaty in 2013 and withdrew Venezuela from the entire Inter-American System of Human Rights. Article 23 of the Convention, which deals with the right to participate in government, states that:
1. Every citizen shall enjoy the following rights and opportunities: a. To take part in the conduct of public affairs, directly or through freely chosen representatives; b. To vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters, and c. To have access, under general conditions of equality, to the public service of his country.[33]
At the national level, the Venezuelan Constitution also recognizes these rights as a core of its institutions and public powers. Article 5 states clearly that: “Sovereignty resides untransferable in the people, who exercise it directly in the manner provided for in this Constitution and in the law, and indirectly, by suffrage, through the organs exercising Public Power”.[34] Moreover, the same article emphasizes that people have the sovereignty and public institutions act in trust for the people: “The organs of the State emanate from and are subject to the sovereignty of the people”.[35]
Furthermore, Article 23 of the Constitution recognizes the special value of international treaties of human rights, which would prevail over internal law:
The treaties, pacts and conventions relating human rights which have been executed and ratified by Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions concerning the enjoyment and exercise of such rights that are more favorable than those established by this Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts and other organs of the Public Power.[36]
Articles 62, 63 and 64 detail the protection of the right of participation in public affairs, to vote/suffrage and its possible restrictions:
62. All citizens have the right to participate freely in public affairs, either directly or through their elected representatives. The participation of the people in forming, carrying out and controlling the management of public affairs is the necessary way of achieving the involvement to ensure their complete development, both individual and collective. It is the obligation of the State and the duty of society to facilitate the generation of optimum conditions for putting this into practice.
63. Suffrage is a right. lt. shall be exercised through free, universal, direct and secret elections. The law shall guarantee the principle of personalization of suffrage and proportional representation. 64. All Venezuelans who have reached the age of 18 and are not subject to political disablement or civil interdiction are qualified to vote.
65. Persons who have been convicted of crimes committed while holding office or other offenses against public property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law after serving their sentences, depending on the seriousness of the offense.[37]
Thus, these key human rights instruments set the normative standard for the right to vote, and guide states, including Venezuela, on how the right should be guaranteed, implemented, and enforced.
Composition of the human right to vote
The UN Human Rights Committee, in its General Comment on Article 25 of the ICCPR, describes the composition and differentiation of the right to vote.[38] Moreover, to further promote this right, the OHCHR has also produced documents explaining the legal framework of the human right to vote and its standards in the Human Rights and Elections Handbook (2021),[39] as well as the Human Rights and Election Standards: Plan of Action (2017),[40] written in conjunction with the Carter Center.
Accordingly, the UN Human Rights Committee outlines that the right to vote is inherent to individuals, but just for individuals considered citizens, a category that varies according to the age chosen by each country. Moreover, this human right implies that no government can impose unreasonable distinctions on exercising this right, like prohibitions to vote based on gender, literacy, or educational level. Nonetheless, a country can impose restrictions on people condemned but not accused of a crime.[41]
The right to vote must also be differentiated from the right of self-determination, which belongs to the category of peoples as a collective category, and not to individuals. Self-determination is defined by the UN Human Rights Committee, taking as a basis Article 1.1 of ICCPR, as “the right to freely determine their political status and to enjoy the right to choose the form of their constitution or government”.[42]
On the other hand, the right to vote is linked with the right to participate in the conduct of public affairs, as both could materialize through elections, and they also involve the right to run for election and to be a candidate for a public job. Article 25 of the ICCPR requires the holding of “genuine periodic elections”, meaning that unduly long periods of time cannot pass without elections, and also to have checks on power and guarantee a government based on the free expression of the will of electors.[43]
The right to vote implies that the act of voting must be secret, and any kind of intimidation, manipulative interference, and coercion of voters is prohibited. Elections must also be conducted fairly and freely. According to the General Comment on Article 25 of the ICCPR these characteristics mean:
Persons entitled to vote must be free to vote for any candidate for election and for or against any proposal submitted to referendum or plebiscite, and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector’s will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind. (…) The results of genuine elections should be respected and implemented.[44]
In genuinely implementing the results of an election, an independent electoral authority should supervise the process, there should be independent surveillance during the counting of votes, and citizens should have the option to request a review of the voting process.[45]
The UN Human Rights Committee also highlights in its General Comment on Article 25 that the right to vote is reinforced by the right to stand for elective office, and any restrictions must be justifiable on objective and reasonable criteria.[46] Thus, political affiliation cannot be a reason to impede a person from running for an elected position, which would be a direct and clear violation of the right to vote. Likewise, the removal of elected office holders shall be based on objective and reasonable legal criteria, and equal access to public service must be granted and be free from political interference and pressures. The Covenant does not impose a specific electoral system, but the minimum requirement is that states must guarantee the free expression of the will of electors and report how different political views are represented in elected bodies.[47]
The human right to vote also has prerequisite rights that allow the fulfillment of the right, like the right to education relating to the vote, especially regarding vulnerable populations. Freedom of expression, assembly, and of the press are essential conditions for the exercise of the right to vote. It is vital that people are able to comment on public issues without censorship and that they are free to criticize, be part of the opposition, and advertise their political ideas.[48]
Therefore, the right to vote as recognized under international law stands on four main pillars, which are also standards that are useful instruments to determine whether a violation of this right has occurred. They are: 1) free, 2) genuine, and 3) periodic elections, and 4) the guarantee of public freedoms as prerequisite rights, which are essential to exercise the right to vote.
Analysis: The violation of international human rights law
Considering this legal framework, it is necessary to assess if Venezuela is complying with the main international standards of the right to vote. At the outset, the easiest standard to evaluate would be the periodic stipulation of the elections, which requires holding elections regularly, and not having unlawful periods without a contest for office. In Venezuela, Article 230 of the Constitution requires that presidential elections are held once every six years[49] and elections were previously held in 2018 and most recently in 2024 because of the Barbados Agreement. Therefore, this standard is being formally protected, fulfilling the constitutional stipulation of holding elections with a periodicity of six years, and formally aligning with international standards.
Nonetheless, it appears that the remaining standards of the right to vote are under threat or are being directly violated by the Venezuelan authorities. To uphold the stipulation of genuine elections, for example, states must have mechanisms such as an independent electoral authority with the mandate to supervise the electoral process and monitor the vote-counting procedure. However, in Venezuela, although the National Electoral Council has been established for this purpose, it is an institution completely controlled by the PUSV. There is much criticism of the body’s independence, and this criticism increased after the 2024 election results were announced. The institution has been accused of validating fraudulent election results in favor of Maduro and the PSUV.[50]
Further, there are reasonable doubts regarding the standard of the free condition of the election on July 28th, 2024. The National Electoral Council, the General Attorney, and the General Comptroller took multiple actions against the primary elections of the opposition political parties and the organizers of these internal elections. These authorities expressly denied the first opposition primary winner, Machado, the opportunity to run in the presidential election. After Maria Corina Machado’s denial, the Electoral Council and the Supreme Tribunal impeded Yoris from completing her inscription as a candidate.
These decisions resulted in multiple changes of the rival who would run against Nicolas Maduro (the President in power from 2013). This situation created an important and unfair advantage for Maduro, because the opposition was unable to choose an important figure for a candidate, and they had to constantly change candidates. Therefore, political campaigns and strategies were compromised along with reduced timing.
Thereafter, the National Electoral Council presented the results of the July 28th elections without publishing the official voting records. Moreover, it threatened the opposition with imposing sanctions and taking the case to the General Attorney, a member of the PSUV, to criminally prosecute Machado and González for the presentation of “false” results. Through these efforts, the Electoral Council acted against the free expression of the electors and diminished the free characteristic of the human right to vote, by imposing unreasonable and prejudicial restrictions on the participation of oppositional groups.
Lastly, it is clear that the Maduro government is continuing to infringe upon the right to vote due to serious violations of prerequisite rights, such as freedom of expression and freedom of the press. These prerequisite rights have been violated continuously in previous years, as reported by the UN-FFMV,[51] the Human Rights Council, and the OHCHR.[52]
Violations of public freedoms have also increased since the July 28th election. The United Nations, several NGOs, and humanitarian organizations have denounced the arbitrary detention of thousands of civilians involved in protests or of those who have been linked to the opposition.[53] In consequence, it is not possible to guarantee the fulfillment of the human right to vote without the respect and protection of these connected rights and freedoms.
Therefore, it is clear that the Bolivarian Republic of Venezuela has been violating its citizens’ human right to vote during the recent elections, especially the three main conditions of free and genuine elections, and the guarantee of public freedoms; as Maduro’s government, the Executive Branch, the National Electoral Council, and the Supreme Tribunal of Venezuela are not complying with the main standards of the right to vote.
Conclusion
It is key to understand that voting is recognized as a human right worldwide and it is not just a prerogative of a nation, nor an option of a political model among many others. Therefore, democracy is not just a way to organize a society – it is a freedom that arises from the fact of being human, and everyone, everywhere, should have the right to elect their representatives through free, genuine, and periodic elections with the guarantee of public freedoms.
Therefore, complying with this human right to vote does not require only holding regular and formal elections, but must also fulfill all of the standards discussed previously. The failure to do so is a violation of citizens’ rights. Every nation must follow closely all the requirements of the electoral processes including the candidates allowed to run, the dates of inscription, the date of the election, the counting process, the independence of authorities in charge of the entire process, and the ratification of the results. All of these aspects are important and must be guaranteed to ensure transparency, compliance with human rights, and with the international obligations that a country has undertaken with the entire global community.
Beyond this, the international community and international organizations at the global and regional levels should fortify their verification mechanisms and enforce compliance of the human right to vote in every nation. Globally, states must act preventatively, prior to an election, and impose sanctions and measures upon any nation violating its citizens’ human right to vote, irrespective of the political orientation of the leader or president in power at the time.
Finally, in Venezuela, the recognition of González as the winner of the 2024 presidential election, or at least the call to have new elections, depends heavily on the international community and the pressure it can put on Maduro in the following months -or years-. Therefore, the actions and declarations of presidents aligned with leftist policies closer to Maduro’s may be highly influential in pressuring him to act in a particular way, because of their proximity to and historical relations and opinions regarding Venezuela.
If this is the case, presidents like Lula in Brazil, Petro in Colombia, Sheinbaum in Mexico, and Sanchez in Spain would play a transcendental role in the future of Venezuela and in Maduro’s analysis of whether the costs of staying in power would be higher than the ones of allowing other alternatives. These alternatives may include the recognition of González’s victory and waiting for the 2030 elections to run again or allowing the repetition of the 2024 presidential elections with further electoral guarantees and oversight processes. These are options that could be discussed or negotiated between Maduro, the international community and the opposition, which may lead to interim periods of a parallel presidency in Venezuela between González and Maduro, or a González government-in-exile waiting for the opportunity to return and be in power.
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World Bank. Rossiasco, P and Narváez, P. Adapting public policies in response to an unprecedented influx of refugees and migrants: Colombia case study of migration from Venezuela. April 2023. https://thedocs.worldbank.org/en/doc/7277e925bdaa64d6355c42c897721299-0050062023/original/WDR-Colombia-Case-Study-FORMATTED.pdf
[1] Bull, B., & Rosales, A. (2020). The crisis in Venezuela: Drivers, transitions, and pathways. European Review of Latin American and Caribbean Studies / Revista Europea de Estudios Latinoamericanos y Del Caribe, 109, 1–20. https://www.jstor.org/stable/26936900
[2] Ibíd. Pg. 12. And World Bank. Rossiasco, P and Narváez, P. Adapting public policies in response to an unprecedented influx of refugees and migrants: Colombia case study of migration from Venezuela. April 2023. Available in: https://thedocs.worldbank.org/en/doc/7277e925bdaa64d6355c42c897721299-0050062023/original/WDR-Colombia-Case-Study-FORMATTED.pdf
[3] Ibíd. World Bank.
[4] UN Human Rights. A/HRC/53/54: Situation of human rights in the Bolivarian Republic of Venezuela – Report of the United Nations High Commissioner for Human Rights. 2023. Available in: https://www.ohchr.org/en/documents/country-reports/ahrc5354-situation-human-rights-bolivarian-republic-venezuela-report
[5] Ibíd. Pag. 14.
[6] UN Human Rights. Venezuela: UN Fact-finding Mission says attacks on civic and democratic space have intensified, urges new security force – DAET – be monitored to protect rights. 2022. Available in: https://www.ohchr.org/en/press-releases/2023/09/venezuela-un-fact-finding-mission-says-attacks-civic-and-democratic-space
Also: UN Human Rights. Venezuela: new UN report details responsibilities for crimes against humanity to repress dissent and highlights situation in remotes mining areas. 2022. Available in: https://www.ohchr.org/en/press-releases/2022/09/venezuela-new-un-report-details-responsibilities-crimes-against-humanity
20 September 2022
[7] Gonzalez, Mike. Hugo Chavez: Socialist for the Twenty-First Century. Pluto Press, 2014. https://doi.org/10.2307/j.ctt183pdq5.
[8] Ibid.
[9] BBC. Venezuela Election to be audited. April 19, 2013. Available in: https://www.bbc.com/news/world-latin-america-22215387
[10] FRANCE 24. EEUU, países de la UE y Grupo de Lima desconocieron reelección de Maduro en Venezuela. May 22, 2018. (USA, UE and Lima Group don’t recognize Maduro’s reelection in Venezuela). Available in: https://www.france24.com/es/20180522-eeuu-paises-de-la-ue-y-grupo-de-lima-desconocieron-reeleccion-de-maduro-en-venezuela
[11] Ibíd.
[12] BBC Mundo. Juan Guaidó, presidente de la Asamblea Nacional de Venezuela, se juramenta como “presidente encargado” del país (Juan Guaidó president of the National Assembly of Venezuela, takes the oath as “interim president” of the country). January 23, 2019. Available in: https://www.bbc.com/mundo/noticias-america-latina-46979533
[13] Briceño-Ruiz, J. (2019), The Crisis in Venezuela: A New Chapter, or the Final Chapter?. Latin American Policy, 10: 180-189. https://doi.org/10.1111/lamp.12165
[14] Acceso a la Justicia. 2023. Acuerdo Parcial sobre la Promoción de Derechos Políticos y Garantías Electorales para todos. (Partial Agreement about the Promotion of Political Rights and Electoral Guarantees) Available in: https://accesoalajusticia.org/acuerdo-parcial-sobre-la-promocion-de-derechos-politicos-y-garantias-electorales-para-todos/
[15] El País. Quesada, J-Moleiro, A. July, 2024. Tensión en Venezuela: la autoridad electoral, bajo control chavista, da el triunfo a Maduro y la oposición lo rechaza. (Tensions in Venezuela: The electoral authority, under Chavist control, declares the triumph of Maduro and the opposition rejects that) https://elpais.com/america/2024-07-29/tension-en-venezuela-la-autoridad-electoral-chavista-da-el-triunfo-a-maduro-y-la-oposicion-lo-rechaza.html
[16] Acceso a la Justicia. Observatorio venezolano de la justicia. La investigación penal de la Fiscalía contra los organizadores de las primarias opositoras es más política que judicial. (Criminal Investigation of the Ombudsman Office against primary elections’ organizers is more political based than lawful). November 1, 2023. Available in: https://accesoalajusticia.org/investigacion-penal-fiscalia-contra-organizadores-primarias-opositoras-es-mas-politica-que-judicial/
[17] INFOBAE. La Fiscalía del régimen chavista en Venezuela inició una investigación penal sobre las elecciones primarias de la oposición. (Ombudsman’s Office from chavist background in Venezuela decides to start a criminal investigation related to primary elections of opposition groups). October 25, 2023. Available in: https://www.infobae.com/venezuela/2023/10/25/la-fiscalia-del-regimen-chavista-en-venezuela-inicio-una-investigacion-penal-sobre-las-elecciones-primarias-de-la-oposicion/
[18] Ibid.
[19] Reuters. Sequera, V; Armas, M; Buitrago, D. January 26th, 2024. Venezuela court upholds ban on leading opposition presidential candidate Machado. Available in: https://www.reuters.com/world/americas/venezuela-arrests-allies-opposition-candidate-conspiracy-accusations-2024-01-26/
[20] CNN Español. March 25th, 2024. Corina Yoris denuncua que no puede inscribirse. (Corina Yoris denounce she is not allowed to complete her inscription). Available in: https://cnnespanol.cnn.com/2024/03/25/corina-yoris-denuncia-que-no-puede-inscribirse-venezuela
[21] Aljazeera. March 6th, 2024. Venezuela sets presidential election for July amid opposition candidate ban. Available in: https://www.aljazeera.com/news/2024/3/6/venezuela-sets-presidential-polls-for-july-amid-ban-on-opposition-candidate
[22] The New York Times. Las elecciones en Venezuela tuvieron multiples irregularidades. (The elections in Venezuela had multiple irregularities). July, 31, 2024. Available in: https://www.nytimes.com/es/2024/07/31/espanol/elecciones-venezuela-irregularidades-ejemplos.html
[23]El País. Spain. August 22nd, 2024. El Supremo de Venezuela convalida la Victoria de Maduro entre críticas por su falta de independencia. (Supreme of Venezuela validate the victory of Maduro with critics because its lack of independence). Available in: https://elpais.com/america/2024-08-22/el-supremo-de-venezuela-convalida-la-victoria-de-maduro-entre-criticas-por-su-falta-de-independencia.html
[24]Ibíd.
[25] Le Monde. August 22nd, 2024. Venezuela’s Supreme Court certifies Maduro’s claims he won presidential election. Available in: https://www.lemonde.fr/en/international/article/2024/08/22/venezuela-s-supreme-court-certifies-maduro-s-claims-he-won-presidential-election_6720360_4.html
[26] BBC News Mundo. Tribunal Supremo de Venezuela convalida los resultados de las elecciones que dan el triunfo a Nicolás Maduro y que la oposición cuestiona. (Supreme Tribunal of Venezuela validates the results of the elections that gives the triumph to Nicolas Maduro and that are criticized by the opposition). August 22nd, 2024. https://www.bbc.com/mundo/articles/c4geqxz2nq3o
[27] OAS. August 23rd, 2024. OAS General Secretariat Rejects Ruling Issued by Venezuela’s Supreme Court. Available in: https://www.oas.org/en/media_center/press_release.asp?sCodigo=E-056/24
[28] Ibid.
[29] United Nations. 1948. Universal Declaration of Human Rights. Available in. https://www.un.org/en/about-us/universal-declaration-of-human-rights
[30] International Commission of Jurists. Venezuela Internationally Treaty Status. November 26th, 2024. Available: https://www.icj.org/cijlcountryprofiles/venezuela/venezuela-introduction/venezuela-international-treaty-status/
[31] United Nations. 1967. International Covenant on Civil and Political Rights. Available in: https://treaties.un.org/doc/treaties/1976/03/19760323%2006-17%20am/ch_iv_04.pdf
[32] OAS. IACHR Deeply Concerned over Result of Venezuela’s Denunciation of the American Convention. September 10, 2013. Available in: https://www.oas.org/en/iachr/media_center/preleases/2013/064.asp
[33] OAS. Interamerican Convention of Human Rights. Open to ratification in 1969. Available in: https://www.oas.org/dil/treaties_b-32_american_convention_on_human_rights.pdf
[34] Constitute. Venezuela (Bolivarian Republic of) 1999 (rev. 2009). English Translation. Available in: https://www.constituteproject.org/constitution/Venezuela_2009
[35] Ibid.
[36] Ibid.
[37] Ibid.
[38] General Comment on article 25 of the ICCPR. Adopted by the Committee at its 1510th meeting (fifty seventh session) on 12 July 1996. Available in: https://www.equalrightstrust.org/ertdocumentbank/general%20comment%2025.pdf
[39] Available in: https://www.ohchr.org/sites/default/files/Documents/Publications/Human-Rights-and-Elections.pdf
[40] Available in: https://www.ohchr.org/sites/default/files/POA_EN.pdf
[41] Op cit. General Comment on article 25 of the ICCPR.
[42] Ibid.
[43] Ibid.
[44] Ibid. Pag. 3
[45] Ibid.
[46] Ibid.
[47] Ibid.
[48] Ibid.
[49] Constitute. Venezuela (Bolivarian Republic of) 1999 (rev. 2009). English Translation. Available in: https://www.constituteproject.org/constitution/Venezuela_2009
[50] Transparencia electoral. Un Consejo Electoral controlado por el oficialismo organizará las presidenciales de Venezuela de 2024. (An Electoral Council controled by oficcialism is going to organized 2024 presidential elections in Venezuela). August 31, 2023. Available in: https://transparenciaelectoral.org/un-consejo-electoral-controlado-por-el-oficialismo-organizara-las-presidenciales-de-venezuela-de-2024/
[51] UN Human Rights Council. Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela. Available in: https://www.ohchr.org/en/hr-bodies/hrc/ffmv/index
[52] UN Human Rights. A/HRC/53/54: Situation of human rights in the Bolivarian Republic of Venezuela – Report of the United Nations High Commissioner for Human Rights. 2023. Available in: https://www.ohchr.org/en/documents/country-reports/ahrc5354-situation-human-rights-bolivarian-republic-venezuela-report
[53] United Nations. September 17th, 2024. Venezuela: Rights probe points to “unprecedented” repression. Available in: https://news.un.org/en/story/2024/09/1154416
ABOUT AUTHOR/S
Carlos González is a Colombian Lawyer and Political Scientist with a M.A. in International Affairs: Global Governance, Politics, and Security at American University, Washington, DC. He has experience in the United Nations System, Constitutional and International Law, Human Rights, International Cooperation, and Research.
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