Possible withdrawal of Venezuela from the IACHR

Internacional — 25 May 2012

In view of the surprising presidential decision to install the State Council and to assign the task of justifying Venezuela’s withdrawal from the Inter-American Commission for Human Rights of the OAS, the members of the ALLIANCE FOR THE FREEDOM OF EXPRESSION present the following statement for consideration by national public opinion:

1 – The possibility open to all citizens of the world to appeal for recognition before international authorities when they are denied, at national level, their fundamental rights, specified in the Universal Declaration of Human Rights and in other regional regulations, such as the American Convention on Human Rights, is one of humanity’s greatest indelible conquests. It was born out of a new spirit of “human family” which emerged after the great tragedy of World War II and which gave birth to a new multilateral style of diplomacy to be exercised in such supranational organizations as the UNO (October 1945) and the OAS (May 1948). Venezuela was one of the 51 co-founding member states of the UNO and one of the 21 co-founding member states of the OAS.

2 – The members states that created or adhered to the above-mentioned Inter-governmental Organizations (IGO) granted them the right of inspection and the application of supranational regulations regarding human rights that would prevail over internal regulations, while those countries agreed to decline part of their sovereign self-determination in favor of great universal principles, which were formalized by granting constitutional rank to the fulfillment of supranational decisions made by the previously-mentioned organizations in their national territory. The Venezuelan Constitution of 1999 not only supported, but also unambiguously reiterated the de jure recognition of those criteria. Art. 23 states that:

“The treaties, pacts and conventions relating to 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.”

Art. 339 warns that even during a state of exception it will be necessary to comply

“with the requirements, principles and guarantees established in the International Pact on Civil and Political Rights and the American Convention on Human Rights.”

And Art. 31 specifies that:

“Everyone has the right, on the terms established by the human rights treaties, pacts and conventions ratified by the Republic, to address petitions and complaints to the international organs created for such purposes, in order to ask for protection of his or her human rights. The State shall adopt, in accordance with the procedures established under this Constitution and by the law, such measures as may be necessary to enforce the decisions emanating from international organs as provided for under this article.”

In view of such eminently clear and specific principles as these, the Alliance believes that any political or legal refusal to accept the decisions issued by the IGOs, or failure to apply them because they are a cause of displeasure to the government of the day, will constitute

a) one of the most serious violations so far perpetrated against the Constitution and the International Conventions ratified by the Republic,

b) a reduction of constitutional law which assists Venezuelans when asking for justice from the IGOs, which would reinforce the application of an arbitrary, totalitarian and biased system of justice in this country at the service of the holders of high government office,

c) international confirmation that the Venezuelan government has no intention of being accountable to anybody,

d) One of the most ominous isolationist gestures by this regime which seems intent upon transforming Venezuela into a country in the process of isolating itself from the community of nations.

3 – Nowadays with our mass communications media usually concentrated in a few centers of power, the right of every human being to communicate freely, to produce, receive and divulge information and opinions without limitation of frontiers and by any means of expression - as established in Art.19 of the Universal Declaration, and in Art.57 of our Constitution, and most commonly known as “Freedom of Expression” – has become one of the most difficult human rights to exercise, to such an extent that it may be said that a nation’s democracy can be measured by the degree of freedom and tolerance that its communicators, media and citizens enjoy. The Venezuelan situation in this area is well-known to all: under the façade of “freedom of expression”, communicators and media are the victims of hundreds of cases of aggression, largely instigated by governmental agents; the so-called “public media” have been placed entirely at the disposal of the regime and its ideology; dozens of radio and television stations have been either closed down and plundered for ideological reasons, or partially controlled or condemned through self-censorship; the Head of the State has imposed on the entire radio-electric system thousands of obligatory official broadcasts – “cadenas” – through which he seeks to indoctrinate the country for almost one hour a day on average; access to government sources and advertising is systematically denied to the dissident media; only those members of the community media who adhere rigidly to the official political doctrine can survive. Under such circumstances, it is not surprising that some of the most famous cases presented by Venezuelans before the IACHR have been concerned with violations of the “right to communicate his/her views in any way and in any form” (Art. 6 of the Declaration of Principles on Freedom of Expression OAS/IACHR)

Taking into account all of the above, the members of the ALLIANCE FOR THE FREEDOM OF EXPRESSION

- denounce before national and international public opinion the extreme seriousness of the government’s proposal to withdraw this country from the above-mentioned Inter-American Commission, for its flagrantly unconstitutional intentions and for depriving the Venezuelan people of a universally-accepted constitutional right,

- denounce similarly the Agreement irresponsibly passed by the National Assembly on 11-05 endorsing the presidential proposal to withdraw this country from the IACHR,

- urge the State Council to declare unequivocally the absolute unfeasibility of this presidential wish.

Caracas, May 22, 2012

Members of the Alliance for the Freedom of Expression who have signed the present statement:

National College of Journalists (CNP)

National Union of Press Workers (SNTP)

Graphic Reporters Circle of Venezuela (CRGV)

Espacio Público [Public Space]

Press and Society Institute, Venezuela (IPYS)

Expresión Libre [Free Expression]

Committee for a Public Radio and Television Service

Ser Comunicación e Investigación [Being Communication and Research]

Transparencia Venezuela [Transparency Venezuela]