19/12 Report of the Working Group on the Universal Periodic Review Venezuela (Bolivarian Republic of)
Document Type: Final Report
Date: 2011 Dec
Session: 19th Regular Session (2012 Feb)
Agenda Item: Item6: Universal Periodic Review
GE.
Human Rights Council Nineteenth session
Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Venezuela (Bolivarian Republic of)
* The annex to the present report is circulated as received.
Contents Paragraphs Page
Introduction ............................................................................................................. 1–
I. Summary of the proceedings of the review process ................................................ 5–
A. Presentation by the State under review ........................................................... 5–
B. Interactive dialogue and responses by the State under review ........................ 19–
II. Conclusions and/or recommendations ..................................................................... 93–97 13
III. Voluntary pledges and commitments ...................................................................... 98 22
Annex
Composition of the delegation ......................................................................................................... 23
Introduction
1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its twelfth session from 3 to 14 October 2011. The review of the Bolivarian Republic of Venezuela was held at the 10th meeting on 7 October 2011. The delegation of Venezuela was headed by Nicolas Maduro Moros, Political Vice-President and Minister of People’s Power for Foreign Affairs. At its 14th meeting, held on 4 October 2011, the Working Group adopted the report on Venezuela.
2. On 20 June 2011, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Venezuela: Burkina Faso, Czech Republic and Guatemala.
3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Venezuela:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.
4. A list of questions prepared in advance by Canada, the Czech Republic, Finland, the Netherlands, Norway, Slovenia, Sweden, Switzerland and the United Kingdom was transmitted to Venezuela through the troika. These questions are available on the extranet of the UPR.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The chief of the delegation of the Bolivarian Republic of Venezuela, Mr. Nicolas Maduro Moros, Political Vice-President and Minister of People’s Power for Foreign Affairs, emphasized that the Venezuelan people had fought throughout the past 12 years of revolutionary process a historic battle that had made it possible -- 200 years after Independence -- to seek the objective of the Liberator Simon Bolívar, who declared in 1819 that “the most perfect system of government is that which produces the greatest possible amount of happiness, the greatest social security and the greatest political stability.”
6. Venezuela has ratified nine international instruments and recently signed the Optional Protocol to the Convention against Torture; the Convention on the Protection of Rights of All Migrant Workers and Members of their Families; and the Optional Protocol to the Covenant on Economic, Social and Cultural Rights.
7. The preparation of the national report was a broad and popular exercise that included a working group composed of the entire Government that carried out 75 meetings, with consultations with hundreds of Community Councils and NGOs, and used the website www.epuvenezuela.gob.ve.
8. Women were the heads of three of the five branches of Government, which demonstrated the democratic transformation that placed women in a leadership role.
9. The United Nations had certified that in the past 12 years, poverty and inequalities
had noticeably been reduced, and that freedoms and democratic participation had deepened.
This could be seen in the reduction of extreme poverty, an indicator that went from 21 per
cent in 1998 to 7.
10. The Government had an accumulated social investment of 393,
11. The Venezuelan Constitution guaranteed uncensored freedom of expression, but whoever exercised this right should assume responsibility for the contents expressed, acknowledging the right to accurate, timely, impartial and uncensored information. Encouragement had been provided for the creation of 1,225 alternative and community media outlets that coexisted with commercial and public outlets, as well as for the granting of 139 concessions to commercial television stations, and for the creation of 37 community television stations, which constituted the democratization of the radio-electric spectrum.
12. Fifteen electoral processes were carried out from 1999 until 2010, demonstrating the democratic mission and the reaffirmation of sovereignty and self-determination through free, secret and universal elections, which constituted the full exercise of the political freedoms Venezuelans enjoy.
13. Venezuela, according to the United Nations Food and Agriculture Organization
(FAO), was the fifth country in the world to recognize the right to food in its legislation,
guaranteeing it through food programmes and networks that distributed food at fair prices.
This had led to a 58 per cent decrease in the infant malnutrition rate, which went from 7.
14. With regard to education, school enrolment in 2009–2010 was 7.
society. Furthermore, President Hugo Chávez had ratified his commitment to continue to hoist the flags of independence, justice and democracy.
B. Interactive dialogue and responses by the State under review
19. During the interactive dialogue 50 delegations made statements. Numerous statements noted the high level of the Venezuelan delegation, which demonstrated the strong commitment of the Government to the universal periodic review. A number of interventions welcomed the efforts of the Government in combatting exclusion and poverty, in particular extreme poverty, as well as other important achievements in the area of economic, social and cultural rights. Additional statements which could not be delivered during the interactive dialogue owing to time constraints are posted on the extranet of the Universal Periodic Review when available.1 Recommendations made during the dialogue are to be found in section II of the present report.
20. Cuba considered the Bolivarian Republic of Venezuela as an exemplary project of equity, solidarity and social justice. The country had made tremendous achievements in all categories of human rights in favour of the Venezuelans and other peoples of the world. The Government had succeeded in the realization of all human rights in a very short period of time. Cuba made recommendations.
21. Nicaragua commended the high level of the delegation, which showed the importance given by the Government to human rights. It noted the failure of global capitalism and highlighted the current economic crisis. Venezuela was a victim of this system, noting it had presented a different plan, the Bolivarian Alternative, which confronted capitalism and its contradictions. It made a recommendation.
22. The Russian Federation commended Venezuela for its efforts undertaken to promote and protect human rights and in particular for the measures taken to eradicate poverty and to ensure full enjoyment of the right to health, food and social security. It welcomed the Government’s openness to the international dialogue regarding human rights and the strengthening cooperation with international and regional human rights instruments. It made recommendations.
23. Bolivia (Plurinational State of) highlighted Venezuela’s recognition of human rights in its Constitution, particularly those of indigenous peoples and Afro-Venezuelans. It noted that the Committee on the Elimination of Racial Discrimination had also recognized the multiethnic and multicultural nature of Venezuelan society. It praised the participation of indigenous peoples in Parliament, elected with respect to their customs. It welcomed the Organic Education Law, its School Food Program and the Canaima Program on technology for education. It made recommendations.
24. Ecuador highlighted Venezuela’s progress in implementing public policies to eradicate poverty and celebrated the fact that the first MDG was already been met. It acknowledged the Government's commitment to maintain and increase social investment, doubling it between 2007 and 2010. It also welcomed the implementation of public policies aimed at improving the distribution of income and wealth and to progressively reduce the unemployment rate.
1 Statements of the Philippines, India, Spain, Poland, Costa Rica, Peru, Trinidad and Tobago, Mexico,
Netherlands, Argentina, Italy, Hungary, Sweden, Cyprus, Austria, Oman, Latvia, Palestine, Sudan, Morocco, El Salvador, Haiti, Yemen, Nigeria, Djibouti and Jamaica.
25. Japan commended the steps taken by the Government for the protection and promotion of human rights. It recognized that challenges remained toward advancing the social and economic rights of women. It shared UNESCO’s concern regarding the
restrictions on freedom of expression. Japan made a recommendation.
26. Uruguay recognized Venezuela’s progress in poverty reduction and improvement of socio-economic indicators. It stressed that Venezuela had fulfilled the Millennium Development Goals related to access to drinking water and sanitation and was about to fulfil those related to primary education, gender equality in education and reduction of child mortality. It made recommendations.
27. Algeria noted the progress made in social, economic and political areas, in particular guaranteeing the right to education, health and food and the access to safe water. The police had been trained in accordance with the human rights standards and actions were taken to struggle against drug trade and abuse. Algeria made recommendations.
28. The Czech Republic acknowledged the notable progress made in the domestic legal framework to protect human rights in Venezuela. It also acknowledged that institutions and committees were formed, but their contribution to the protection of human rights seemed small. It made recommendations.
29. The United Kingdom of Great Britain and the Northern Ireland acknowledged the progress made on economic, social and cultural rights and welcomed the efforts made to strengthen the protection of the rights of members of traditionally under-represented groups. It encouraged Venezuela to strengthen the rule of law and achieve progress across the prison system. It asked, inter alia, about measures taken to ensure prompt and impartial access to justice. It made recommendations.
30. The United States of America welcomed Venezuela’s bill to protect victims of human trafficking. It expressed concern over Venezuela’s actions to limit freedom of
expression and criminalize dissent, including using administrative pretexts to close media outlets and harassing media owners and members of political opposition through judicial action. It also expressed concern over the lack of independence in the judiciary and mentioned an individual case. It made recommendations.
31. China appreciated the proactive measures taken by the Government to promote economic and social development and to achieve the Millennium Development Goals. It noted that significant progress has made against crime and drugs, in women’s participation
and indigenous rights.
32. The Solicitor General of the Republic, Carlos Escarra, indicated that the Government and society were committed to fundamental rights from an individual point of view, such as the right to life, integrity and personal freedom; and from a collective point of view, such as a nation’s project and the development of education, health, sports and culture.
33. Venezuela was a social State based on the rule of law because it recognized and incorporated those who had traditionally been excluded in a democratic State, that was by having a popular power that had expressed itself by creating 41,235 community councils, 319,290 registered cooperatives and 52 community banks; and it was a State of justice, procuring social equality and the creation of conditions so that all citizens had access to goods and services and could fully exercise their rights.
35. The Citizen Power (Poder Ciudadano), composed of the Ombudsman, the Public Ministry and the Comptroller General, had fought against corruption and irregularities in the handling of the National Heritage and the protection of ethical and moral values that must guide public actions.
36. Regarding the right to property, it was indicated that this right was a priority from an individual, collective, social and public point of view, and this Government had granted more credits for houses, companies, goods and equipment, tourism, fostering of community economy and fishing, among others.
37. The “Simon Bolívar” national project had led to the beginning of the construction and re-foundation of an institutional and social structure that was inclusive, participatory and in which social actors played a leading role, where different forms of social organization emerged, giving way to a new democratic and social State subjected to the rule of law and justice with a full respect, guarantee, pre-eminence and protection of human rights.
38. The Minister of People’s Power for Internal Affairs, Tareck El Aissami, reported that the State incorporated the concept of citizens’ security as a human right, thereby
reaffirming the respect given to integrity and life.
39. The new law-enforcement model and integrated police system was in accordance
with the United Nations principles and had led to the creation of the National Bolivarian
Police in 2009. The force was composed of 6,
40. In connection with the control of guns, ammunition and disarming, a Commission
was created to comprehensively tackle these issues. Between 2003 and 2011, 251,
41. Since 2006 and for the sixth time in a row, Venezuela was declared by the United Nations Office on Drugs and Crime (UNOCD) as a territory free from illicit drug cultivation. Between 2004 and 2011, 584 tons of illicit drugs had been seized and destroyed, and 69 heads of criminal organizations wanted by Interpol had been deported.
42. The Superior Penitentiary Council, composed of entities of the justice system, had been established as part of the Penitentiary Humanization Plan. The Bill for the Penitentiary Organic Code, sent to the National Assembly in 2011, had been drafted following the principles and foundations of the new vision of the State. The Ministry of Penitentiary Services was created, thereby ratifying the protection of human rights of incarcerated populations.
achieving gross enrolment of 85 per cent in higher education, placing it second in Latin America. It made recommendations.
46. Lebanon praised Venezuela’s efforts to guarantee the rights to education, health and food of its citizens without discrimination. It commended Venezuela’s affirmative and
sustained actions to foster national belonging by enabling all components of society, regardless of ethnic or social origin, to participate in cultural, social and political life. It acknowledged Venezuela’s long-standing support for the just Arab cause in the Middle East. It made recommendations.
47. The Syrian Arab Republic noted the efforts of the Government to promote human rights, despite challenges and pressure. It praised the country’s achievements in public
health. It made a recommendation.
48. Sri Lanka noted the positive measures taken to reduce poverty and income inequalities. It commended Venezuela for achieving the MDGs on reducing extreme poverty and ensuring access to drinking water and sanitation, and for policies in enhancing access to education. It acknowledged the allocation of public funds and the new social systems to protect the rights of women and children. It made recommendations.
49. Slovakia welcomed the establishment of the Ministry for Women and Gender Equality and the National Institute for Women. It acknowledged that Venezuela was a party to most major international human rights instruments and noted that it was important to implement them and that deficiencies remained. Slovakia made recommendations.
50. Brazil recognized that there were important developments in Venezuela, such as the reduction of extreme poverty, child malnutrition and social inequality. Brazil expressed its readiness to share its experience in establishing a National Human Rights Secretariat and added that it was essential to support the institutional channels of dialogue between the state and civil society. Brazil made recommendations.
51. Angola acknowledged the efforts made to protect and promote human rights and in particular the creation of the legal framework for the protection of women’s rights as well as the establishment of a number of institutions in this respect. Several specialized courts and the office of the Prosecutor were created to combat domestic violence. Angola made recommendations.
52. Turkey praised the efforts and the advance of the Government in the eradication of poverty. It welcomed the adoption of the “Great Venezuelan Housing Mission” to meet the
needs for housing. It shared the concern regarding the urgent need for prison reform and praised the establishment of a new Ministry for Penitentiary Services. Turkey made recommendations.
55. Brunei Darussalam commended Venezuela’s efforts to protect human rights, to address poverty and its achievements towards attaining food security, equal access to education, strengthening the cultural institutions, ensuring right to water and social security protection. It also welcomed Venezuela’s cooperation with the United Nations agencies to protect human rights. It made a recommendation.
56. Qatar valued Venezuela’s efforts to protect human rights. It noted its ratification of various human rights instruments and various measures to combat poverty, inequality and social justice. It noted the programmes to protect the rights of women, including the establishment of the ministry for Women and Equality. It welcomed Venezuela’s
commitment to the right to education. It acknowledged that the Constitution recognized the rights of indigenous peoples. It made recommendations.
57. Slovenia welcomed, inter alia, the prohibition of corporal punishment of children in all settings. It remained concerned about allegations of ill-treatment and deaths of children in custody and the involvement of children in the worst form of child labour. It also expressed concern about the partiality of judiciary and problems in the enjoyment of freedom of expression. It made recommendations.
58. Viet Nam took positive note of the Government’s important achievements in economic and social development. It also took note of the constructive cooperation between Venezuela and the International Labour Organization (ILO). Viet Nam made recommendations.
59. The Dominican Republic commended Venezuela for the implementation of policies in the field of education particularly designed to develop and promote the right to use information and communication technologies through the Canaima Education Project. It welcomed the launching of the Simon Bolívar satellite marking a milestone in the development of telecommunications, particularly in the fields of medicine and education. It made recommendations.
65. Germany asked what was done to prevent and prosecute the assassinations of trade union leaders and members, what steps were taken to avoid unlawful killings and torture and to effectively improve the situation in prisons and better protect prisoners. Germany made recommendations.
66. Pakistan noted that Venezuela had pursued an inclusive consultation process and noted that it used this mechanism to evaluate public policies. It commended Venezuela’s
efforts to improve living standards by investing in the social sector. It noted that FAO ranked Venezuela as the tenth-best nourished country in the world. It noted the achievement of the first target of the MDGs. It noted Venezuela’s commitment to remove social inequalities. It made recommendations.
67. The Holy See congratulated Venezuela for the Constitutional protection offered to human life since its inception and for establishing family as a natural association of society; for recognizing marriage as the union between a man and a woman and for the promotion and protection of the rights of women and indigenous peoples. It congratulated Venezuela for its social missions to sustain the most vulnerable social sectors. It made recommendations.
68. Paraguay exhorted Venezuela to continue to make efforts to implement policies aimed at poverty eradication. Paraguay requested information on the initiatives taken by the Government to promote the work of human rights defenders and organizations. It felt confident that the Ombudsman's Office would intensify its work to consolidate the fundamental rights of citizens. Paraguay made recommendations.
69. Zimbabwe commended the Government for having adopted the Simon Bolívar National Project as the foundation for national development. It noted that the Government still faced challenges. Zimbabwe made recommendations.
70. The Lao’s People Democratic Republic acknowledged the achievement of the first target of the MDGs to halve the number of persons living in extreme poverty. It also noted the ratification of many core human rights treaties by Venezuela and improved cooperation with United Nations agencies. The Lao’s People Democratic Republic made a recommendation.
71. Myanmar congratulated the Government for its success on reducing extreme poverty. It noted with appreciation the steps taken by the Government to ensure access to clean water and education. Myanmar made a recommendation.
72. Belarus noted the policies on the poverty reduction, particularly the achievement of the MDGs on eradication of poverty and access to water and sanitation. It also noted the achievements in the implementation of social programs and ensuring the rights of indigenous peoples. Belarus commended the policies to protect children’s rights and efforts
in fighting against human trafficking at the international level. It made recommendations.
73. Switzerland noted the achievements made in combating poverty, ensuring the right to education, access to health and rights of women. It was concerned about the deterioration of the human rights situation, including the situation in prisons. The high rate of possession of light weapons in the population contributed to the high rate of homicide. Switzerland made recommendations.
professionalize the police. It was concerned at the personal-safety situation, the use of the legal system to curtail criticism against the Government and threats against human rights defenders. Canada made recommendations.
76. Bangladesh thanked the Venezuelan delegation for the invitation to a concert, a true representation of Venezuela’s commitment to human rights in the country and
internationally through culture. It noted progress in reducing extreme poverty, access to drinking water and sanitation, empowerment of women, curbing violence against children and fighting HIV/AIDS. It asked about initiatives to fight against gender violence. It made recommendations.
77. United Arab Emirates noted the achievements of the country in economic, social and cultural rights. It highlighted the provision of cost-free education as a great step for human rights, but also a great investment in human resources.
78. The President of the National Institute of Statistics, Elias Eljuri, indicated that Venezuela’s political and social policies went beyond complying with the MDGs, and that
according to the United Nations Economic Commission for Latin America and the Caribbean, Venezuela had the lowest inequality rate in Latin America, with a less regressive income distribution.
79. The goal of gender equality had been attained, and the goals of universal primary education and reducing infant mortality rate were in the process of being attained. UNESCO acknowledged Venezuela in 2005 as a country with full literacy. The alternative education model for adults carried out by the Robinson I and II, Ribas and Sucre Missions had enabled 12 million people to study at all levels.
80. Regarding health, consultations and free medication were given to over 30,000 people with HIV-AIDS; the Barrio Adentro Mission had been implemented, which included 6,172 popular clinics, 533 comprehensive medical diagnosis centres, 570 comprehensive rehabilitation rooms and 31 advanced technology centres for high- complexity exams, all free of charge.
81. Universal access to information and communications technologies increased, and over one million Venezuelans were taught to read and write through the Infocentro Foundation, which received an award from UNESCO in 2010. With regard to food, over 12 million people had access to Government programmes that included a 30 per cent discount. There were 6,000 free-food houses for 900,000 low-income people, as well as a school food programme that benefited 4 million children.
82. Retired persons had increased to almost 2 million people, and the Jose Gregorio Hernandez Mission had hosted in its houses over 354,000 people with disabilities.
83. Norway expressed concern at the very high murder rates and the high number of judicial processes against journalists and media outlets. It expressed concern that Venezuela had not authorized visits by representatives of international and regional human rights bodies in the last four years. It was concerned over conditions in Venezuelan prisons and its high maternal mortality rates. It made recommendations.
84. Cambodia recognized the progress achieved in poverty reduction and welcomed efforts made in the adoption of a legal and institutional framework to promote equality and protect the rights of vulnerable groups. It acknowledged Venezuela’s engagement with the
United Nations human rights mechanisms. Cambodia noted the challenges Venezuela still faced in the area of rights of children, women and indigenous people. It made recommendations.
human rights and National Children’s Council for the protection of children. It made a recommendation.
86. Indonesia noted that despite the internal political situation, Venezuela continued to take measures to ensure a better quality of life for its people. It also acknowledged the progress Venezuela had achieved: extreme poverty was reduced, the right to food was legally guaranteed and the level of food security was increased. Indonesia made recommendations.
87. Chile recalled that it shared with Venezuela the fact of having ratified a number of international human rights instruments and assumed a judicial and political commitment with their implementation. This was a responsibility of Governments, civil society, human rights defenders and required the participation of all political actors. Chile encouraged Venezuela to issue a standing invitation to special procedures, to strengthen guarantees for freedom of expression and information and to incorporate a human rights approach into policies on citizen security.
88. Australia recognized the ongoing efforts of the Government to strengthen the country’s legislative framework on indigenous rights and on economic and social rights. It
was deeply concerned by reports on the undermined independence of the judiciary and limitations on freedom of expression and opinion. Australia made recommendations.
89. Israel recognized Venezuela’s progress in the fields of health, education and poverty reduction. It expressed concern over the Government’s interference with the exercise of
certain human rights and freedoms such as the right to life, liberty and security of the person, restrictions on freedom of expression and political interference with the judicial process. It asked about measures to address labour exploitation, child prostitution and human trafficking. It made recommendations.
90. Belgium expressed concern at the prison situation and the high number of deaths that had occurred in prisons. It was also concerned about the functioning of the judiciary and that the high number of complaints on criminal cases submitted to investigation remained unsolved. Belgium was concerned at statements of Executive’s representatives
that the rulings of the Inter-American Court of Human Rights were not applicable at the national level. It made recommendations.
II. Conclusions and/or recommendations**
93. The recommendations formulated during the interactive dialogue and listed below have been examined by the Bolivarian Republic of Venezuela and enjoy the
support of the Bolivarian Republic of Venezuela:
93.1. Consider the possibility of acceding to CRPD (Algeria);
93.2. Sign and ratify the CRPD (Slovenia);
93.3. Sign and ratify CRPD and its Optional Protocol (Australia);
93.4. Sign and ratify CRPD and its Optional Protocol; and the OP-CAT (Brazil);
93.5. Increase in the number of prisons countrywide (Turkey);
93.6. Ratify CRPD at the earliest opportunity and seek relevant support from the international community and relevant UN agencies, including the
OHCHR, for the ratification process (Thailand);
93.7. Apply the constitutional norms regulating the penitentiary system which would allow regulating and using with great effectiveness the available
resources in the penal system (Russian Federation);
93.8. Continue with the work of the Ombudsman in monitoring the rights and guarantees established in the Constitution and international human rights
treaties (Paraguay);
93.9. Take stronger steps to fight widespread crime and violence, with a special emphasis on bringing to justice of those responsible (Turkey);
93.10. Implement the UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, otherwise known as the
“Bangkok Rules” (Thailand);
93.11. Strengthen the coordination effort by the Higher Council for Prisons with a view to improve the state of prisons in particular, the problems of
overcrowding and violence in prisons in the country (Malaysia);
93.12. Implement a policy of maintaining and building prisons, and investing in high quality training of prison staff, increasing their number (Norway);
93.13. Adopt emergency measures to ensure that the UN Standard Minimum Rules for the Treatment of Prisoners are respected in all prisons of Venezuela
(Switzerland);
93.14. Ensure that all places of detention comply with the UN Standard Minimum Rules for the Treatment of Prisoners (United Kingdom);
93.15. Improve overall conditions of detention and prison facilities, and to combat overcrowding (Czech Republic);
93.16. Support the activities of human rights defenders and independent non- governmental organizations in the promotion of human rights and democracy,
including through positive public recognition of their role (Canada);
** Conclusions and recommendations have not been edited.
93.17. Strengthen the dialogue and broad cooperation with human rights defenders, and strengthen their protection (Brazil);
93.18. Implement a comprehensive approach to the follow up of the UPR, which includes open consultation with a wide range of government bodies and
civil society representatives (United Kingdom);
93.19. Undertake a participatory and inclusive process with all interested civil society organizations in Venezuela in the implementation of UPR
recommendations (Norway);
93.20. Review the current maternity health care policies and introduce the necessary changes to ensure pregnant women‟s access to medical facilities
throughout the country (Norway).
94. The following recommendations enjoy the support of the Bolivarian Republic of Venezuela, which considers that they are already implemented or in the process of
implementation:
94.1. Continue strengthening its efforts to guarantee the promotion and protection of human rights as enshrined in its Constitution (Brunei
Darussalam);
94.2. Continue to expand its legal framework for the promotion and protection of human rights (Indonesia);
94.3. Pass a law ending the illegal circulation of firearms and take measures required to protect the right to life of citizens (France);
94.4. Strengthen the state of laws, grass-root democracy and social equitability (Viet Nam);
94.5. Strengthen the child and adolescent protection system to especially benefit adolescent criminal responsibility issues (Iran);
94.6. Continue strengthening its revolutionary policies and programmes so that all, without any exclusion, may enjoy their fundamental rights which are
the human rights (Nicaragua);
94.7. Implement the “Social missions” on a long-term basis and in a more systematic manner, in order to further reduce the level of inequality in the
country (Turkey);
94.8. Revitalize the Social Missions and maintain their characteristic of service to the community (Holy See);
94.9. Continue implementing the policies and programmes aimed at guaranteeing the rights to education, health and food, in addition to combating
poverty (Lebanon);
94.10. Attach more importance to the protection of social vulnerable groups, including women, children, elderly and the poor people (Viet Nam);
94.11. Continue to consolidate the rights of women and people belonging to vulnerable groups, including indigenous peoples and persons of diverse sexual
orientation and gender identity, both within its legal framework and in practice
(Canada);
94.12. Continue with the policies and programs confronting crime that emphasize on an educational and preventative approach (Cuba);
94.13. Continue its efforts to combat crime in a manner which enhances the rule of law in maintaining social stability, upholding justice and respecting
human rights (Singapore);
94.14. Intensify, through the creation of new plans, the efforts to reform the police corps, and counteract insecurity, illegal weapons‟ trafficking and sale of
narcotics (Holy See);
94.15. Continue promoting intercultural, multilingual programmes that would contribute to enriching it as a multicultural society (Lebanon);
94.16. Continue efforts to improve women‟s rights and conduct awareness- raising and training courses for law enforcement officers in order to ensure the
human rights of its people (Myanmar);
94.17. Continue its efforts in cooperation with the competent bodies in order to secure protection of the rights of the vulnerable groups particularly women
and children (Cambodia);
94.18. Consolidate all people centred programmes to fight forces of negation (Zimbabwe);
94.19. Continue to cooperate with the UN and other international organizations to develop its legal and institutional framework with respect to
promoting and protecting human rights in Venezuela (Lao‟s People Democratic
Republic);
94.20. Continue to cooperate with human rights mechanisms, be they regional or international (Saudi Arabia);
94.21. Intensify efforts to promote and protect women‟s rights, particularly in regard to gender based violence (Indonesia);
94.22. Continue to develop measures aimed at strengthening the rights of women, non-discrimination and the elimination of obstacles created by socio-
cultural models and stereotypes (Angola);
94.23. Continue to improve measures, in policy and practice, to increase the participation of women in political life (Pakistan);
94.24. Continue its efforts to promote and fully develop the role of women in the political, economic and social fields (Angola);
94.25. Further enhance effective access to legal aid for women from all regions, including indigenous women and women of African descent (Sri
Lanka);
94.26. Continue strengthening the national regime aimed at combatting all racial discrimination practices, in conformity with ICERD (Uruguay);
94.27. Develop a draft reform of the criminal code with a special emphasis on human rights in accordance with international standards (Russian
Federation);2
2 The recommendation as read during the interactive dialogue: Develop a draft reform of the criminal
code with the aim to address serious human rights violations in accordance with international standards, with a special emphasis on the use of torture.
94.28. Increase the efforts towards fighting against human trafficking, including by considering the possibility of the development of state programs
and plans of action in this area (Belarus);
94.29. Continue to take further action as appropriate to combat trafficking in women and children (Sri Lanka);3
94.30. Develop the efforts under way to train and professionalize police officers, including the initiative of the Experimental University for Security
(Cuba);
94.31. Continue with the government‟s efforts to improve policies and programs in the treatment of persons deprived of liberty (Cuba);
94.32. Reform fully the prison system and in particular ensure that it respects as soon as possible the UN Standard Minimum Rules for the Treatment of
Prisoners (Belgium);
94.33. Improve the prison system and speed up the penal processes so that each person may know judicial resolutions in appropriate times (Holy See);
94.34. Continue ensuring systematic human rights awareness-raising and training for all personnel working in the legal and justice system, including
police, public defenders, lawyers and judges (Malaysia);
94.35. Further work on the improvement of the penitentiary situation in the country (Algeria);
94.36. Continue to facilitate and strengthen the work of NGOs and other civil society actors, as well as guarantee their social media (Uruguay);4
94.37. Consolidate and further develop the effective institutions established for the exercise of popular power, including the role of social oversight (Cuba);
94.38. Identify the causes of unemployment (Holy See);
94.39. Continue efforts to reduce poverty through social programmes (Qatar);
94.40. Speed up implementation of policies and measures in poverty reduction, malnutrition eradication and food security (Viet Nam);
94.41. Continue to channel her tremendous resources into social programmes with a view to eradicating poverty (Zimbabwe);
94.42. Continue its fight against poverty (Bangladesh);
94.43. Continue to improve the lives and well-being of its people to bring about the full enjoyment of their human rights (Singapore);
94.44. Continue investing the necessary resources in social programmes (Pakistan);
94.45. Continue its efforts to achieve equitable socio-economic development, to further address social disparity and equal opportunity of people through its
3 The recommendation as read during the interactive dialogue: Take further action as appropriate to
combat trafficking in women and children. 4 The recommendation as read during the interactive dialogue: Facilitate the work of NGOs and other
civil society actors, as well as guarantee their social media.
overarching objective according to its current policies and Action Plans
(Cambodia);
94.46. Continue to ensure the enjoyment of the rights to education, health and culture to all its citizens, supporting the existing projects and programs that are
successful (Cuba);
94.47. Continue carrying out its sound public policies for the eradication of extreme poverty and hunger which have had concrete results and the
recognition from UNDP and FAO, and, also, have allowed achieving the first
Millennium Development Goal (Bolivia);
94.48. Continue carrying out its sound public policies for drinking water and sanitation coverage for all its population; which have already allowed to
surpass the seventh Millennium Development Goal (Bolivia);
94.49. Continue enhancing and expanding health services, in order to prevent and combat diseases which were put in place to serve the people through
primary healthcare (Syria);
94.50. Strengthen efforts to reduce neo-natal and maternal mortality including by increasing access to sexual and reproductive health services and
providing quality health care and facilities to women (Malaysia);
94.51. Continue to work towards reaching the MDGs of universal primary education, gender equality in access to education, and further reduction in
infant mortality (Sri Lanka);
94.52. Maintain its firm stance on the growing need for housing of Venezuelan families (Turkey);
94.53. Step up measures to overcome the problem of housing shortage in the country (Malaysia);
94.54. Continue with the on-going program to ensure decent housing to every Venezuelan family (Cuba);
94.55. Continue and strengthen the programs of the great mission Vivienda Venezuela to structurally solve the problem of housing shortage (Algeria);
94.56. Continue the implementation of the national plans and programs related to the comprehensive protection and education of children and
adolescent, in particular those who are homeless (Belarus);
94.57. Continue increasing investment in primary, secondary and university education; as it has progressively done so in recent years (Iran);
94.58. Continue the efforts to promote the State‟s activities in the field of cultural rights, and ensuring wider participation of all sectors of Venezuelan
society (Qatar);
94.59. Continue carrying out its sound public policies for literacy and use of technological education, recognized and awarded by UNESCO; which benefit
especially low economic income populations (Bolivia);
94.60. Continue promoting the expansion of educative opportunities, particularly in its alternative models (DPRK);
94.61. Continue increasing educational enrollment at all its levels (DPRK);
94.62. Continue to deep the existing policy on democratization of access to higher-education and implement measures envisaged to strengthening the
autonomy of universities, through the active participation of the university
community‟s member (DPRK);
94.63. Continue its efforts to fight unequal access to education (Iran);
94.64. Consider adopting measures to ensure education for all children with disabilities (Bangladesh);
94.65. Continue advancing in policies and programs dignifying and fully realizing the rights of indigenous peoples (Cuba);
94.66. Continue carrying out its sound public policies from the Ministry of Popular Power for Indigenous Peoples, to guarantee the respect and
observance of the rights of Indigenous Peoples and Afro-descendant
Communities (Bolivia);
94.67. Intensify efforts to improve the literacy rate among indigenous peoples and those living in the rural areas (Qatar);
94.68. Expedite and systematize the process of demarcation of indigenous collective lands and habitat, and update the census data of indigenous
communities and peoples, ensuring the participation of communities in this
process (Ecuador);
94.69. Intensify its efforts to provide protection to asylum-seekers and refugees, including through the timely provision of documentation as to their
legal status and rights (USA);
94.70. Consolidate and further advance the exercise of popular sovereignty over the natural resources and wealth of the country (Cuba);
94.71. Maintain its international leadership in the promotion of the rights to solidarity, peace, development, a democratic and equitable international order,
a healthy environment and the self-determination of peoples (Cuba);
94.72. Continue to build its technological independence through the adoption and consolidation of measures to optimize the access of all Venezuelans to
technologies of communication and information (Dominican Republic);
94.73. Continue to promote South American and Caribbean integration through the development of technologies of communication and information
(Dominican Republic);
94.74. Share, through international cooperation, its successful experiences in programs and projects of social benefit (Cuba);
94.75. Continue to promote the fight against poverty, inequality and social exclusion at the national, regional and international levels (Ecuador).
95. The following recommendations will be examined by country the Bolivarian Republic of Venezuela which will provide responses in due time, but no later than the
nineteenth session of the Human Rights Council in March 2012. The response of the
Bolivarian Republic of Venezuela to these recommendations will be included in the
outcome report adopted by the Human Rights Council at its nineteenth session in
March 2012:
95.1. Support, based on a thorough analysis, the adoption of new international instruments for the protection of human rights (Paraguay);
95.2. Consider the possibility of ratifying or acceding, as appropriate, to ICRMW, CED, OP-CAT and CRPD (Uruguay);
95.3. Ratify CED and the other major human rights instruments it has not yet ratified (Japan);
95.4. Ratify the 1954 Convention relating to the Status of Stateless Persons as well as the 1961 Convention on the Reduction of Statelessness (Slovakia);
95.5. Implement a comprehensive disarmament policy and strengthen the judicial system to reduce levels of impunity (Norway);
95.6. Provide the judiciary with adequate human and financial resources for its effective functioning with special attention to the respect of the legislation
regarding the preventive detention (Belgium);
95.7. Formulate a National Human Rights Plan, in accordance with the Vienna Declaration and consulting broadly with civil society (Brazil);
95.8. Issue a standing invitation to all Special Procedures of the Human Rights Council (Uruguay);
95.9. Extend a standing invitation to all UN special procedure mandate holders (United Kingdom);
95.10. Extend standing invitations to thematic special procedures of international and regional human rights bodies and allow such visits to
Venezuela (Norway);
95.11. Strengthen the cooperation with mandate holders, even considering the extension of a standing invitation, as Brazil has (Brazil);
95.12. Invite representatives of international human rights organizations to visit Venezuela, including by issuing a standing invitation to the UN special
procedures (Australia);
95.13. Accept visit requests from the UN Special Rapporteurs and the Inter- American Commission on Human Rights (USA);
95.14. Take all necessary measures to ensure that all cases of societal violence are effectively investigated and perpetrators prosecuted and punished (Czech
Republic);
95.15. Take steps to protect freedom of expression and opinion, in line with its obligations under the International Covenant on Civil and Political Rights
(Australia).
96. The recommendations below did not enjoy the support of the Bolivarian Republic of Venezuela:
96.1. Comply with its international obligations in respect to the judiciary and the right to freedom of expression and implement recommendations,
resolutions and decisions of the international and regional human rights
protection systems (Slovenia);
96.2. Review the Law of Political Parties, Public Meetings, and Demonstrations and its compliance with the article 201 of the Constitution
(Czech Republic);
96.3. Harmonize the Venezuelan legal framework related to the right to the freedom of expression with the country‟s international obligations (Slovakia);
96.4. Amend the current legislation regarding the media to eliminate the criminalization of „desacato‟, contempt, libel or slander, in line with the
international human rights standards (Canada);
96.5. Amend the Criminal Code and the Organic Code of Military Justice, eliminating the crimes of contempt and vilification (Norway);
96.6. Urge the National Assembly to adopt the draft legislation on trafficking in persons (USA);
96.7. Take the necessary measures to implement the UN Program on Small Arms and Light Weapons and revise the national legislation on this matter in
order to reduce the existing homicide rate (Switzerland);
96.8. Act so that the right to life and physical integrity is effectively guaranteed and all instances of the State respect and protect the right of
everyone to the freedom of expression (Switzerland);
96.9. Comply with the rulings of the Inter-American Court of Human Rights, as established by article 23 of the Constitution (Belgium);
96.10. Engage actively in the fight against the misuse of power by the security forces (Czech Republic);
96.11. Take all the necessary measures to eliminate violence against women, also by ensuring that perpetrators of such violence are prosecuted and
punished, as well as by abolishing the stereotypical attitudes and patriarchal
patterns of behaviour that undermine women‟s human rights (Slovenia);
96.12. Take all the necessary legal and policy measures to prevent children and adolescents, from being subjected to labour exploitation and the worst
forms of child labour, such as servitude, slavery, prostitution and trafficking
(Slovenia);
96.13. Respect the independence of the judiciary (USA);
96.14. Work to ensure the independence of the judiciary (Canada);
96.15. Guarantee the independence of judiciary and take all the necessary measures to combat impunity (Switzerland);
96.16. Ensure independent, open and transparent selection procedures based on merit for judges and prosecutors (United Kingdom);
96.17. Take necessary measures to ensure transparency in the independent appointment of judicial and prosecutorial officers (Australia);
96.18. Reinforce the independence of the judiciary by increasing institutional and material support for the justice system and putting an end to the
provisional nature of judicial appointments (Germany);
96.19. Fully guarantee the independence of the judiciary, in particular by taking concrete measures to ensure that judges can exercise their profession in
full impartiality (France);
96.20. Reinforce the independence of the judiciary, including bringing to an end the provisional nature of judicial appointments an repealing the provisions
of the Supreme Court law that undermine the court‟s independence (Slovakia);
96.21. Abolish the practice of using the judicial system to silence critics of the Government, reinforce the independence of the judiciary by increasing
institutional and material support for the justice system and end the
provisional nature of judicial appointments (Israel);
96.22. Investigate allegations of executive branch interference in judicial decision-making (USA);
96.23. Grant access to all prisons in the country to the International Committee of Red Cross and ensure the safety of its delegates during the visits
(Belgium);
96.24. Prioritize reforms to the law enforcement and judicial systems in an effort to prevent crimes, punish those responsible and address the culture of
impunity (Canada);
96.25. End the culture of impunity surrounding cases of retaliation for dissent, attacks on human rights defenders and journalists, the excessive use of
force during peaceful demonstrations, abuses of force by state actors, the
phenomenon known as “execution of criminals” and other serious human
rights violations (Israel);
96.26. Abrogate the practice of threatening witnesses and relatives of victims of human rights violations and attacks on human rights lawyers that seek
judicial remedies in response to human rights violations (Israel);
96.27. Renew its commitment to freedom of expression and opinion as well as to pluralism, ensure free access to information, and take measures to fight
threats and attacks against journalists (France);
96.28. Reassess media legislation provisions and guarantee freedom of expression (Germany);
96.29. Step up its efforts to guarantee freedom of expression as well as the safety of journalists in the country (Indonesia);
96.30. Promote the exercise of freedom of expression, association and peaceful assembly, notably of members of political parties, unions, media and civil
society without the risk of undue restrictions (Canada);
96.31. Provide for plurality and diversity of the media as a fundamental component of the right to information and ensure that journalists can perform
their legitimate duties free from any unjustified prosecution (Slovakia);
96.32. Ensure timely and effective access to government information (Australia);
96.33. Support independent work of the NGOs and create a strategy to defend human rights activists in the interest of sustainable and healthy development of
the state (Czech Republic);
96.34. Reiterate publicly its support to human rights defenders, generate an environment where they can work freely and take measures to fight against the
impunity of perpetrators of aggressions and threats against them (France);
96.35. Ensure that human rights defenders and representatives of civil society are effectively protected from any form of intimidation and harassment and
engage constructively with them identifying solutions of Venezuela‟s human
rights challenges (Slovakia);
96.36. Allow access to international funding so that human rights defenders may continue to carry out their legitimate work (Canada);
96.37. Ensure a participatory and inclusive process with civil society, including NGOs who may be critical of the government‟s efforts, in the follow
up of UPR Recommendations (Canada);
96.38. Direct officials to cease anti-Semitic commentary and condemn any such statements (USA).
97. All conclusions and recommendations contained in the present report reflect the position of the submitting States and the State under review. They should not be
construed as endorsed by the Working Group as a whole.
III. Voluntary pledges and commitments
98. The Bolivarian Republic of Venezuela undertook commitments with regard to the following issues:
(a) To strengthen the system of effective response and monitoring of international commitments undertaken by the Bolivarian Republic of Venezuela in the framework of the human rights treaties and Conventions, through the implementation of a system of analysis and timely preparation of reports to the treaty bodies;
(b) To present, during the first half of 2012, the pending national reports to the treaty bodies and under human rights conventions;
(c) To implement the newest Racial Discrimination Act, by the constitution of the Institute against Racial Discrimination established in this law, and follow up of the plans and agreements such as the Programme of Action of the World Conference against racism, racial discrimination, xenophobia and related intolerance (Durban Programme of Action);
(d) To strengthen the procedures for tenancy regularization of urban land;
(e) To promote the creation of new units for victims’ assistance in the development of the new Bolivarian National Police;
(f) To disseminate, in a forum with wide participation among Government agencies and social movements, the results of the National Census of Population and Housing 2011 in order to inform of the situation and number of individuals and families of African descent, allowing the collection of data and information related to this group, to implement and adopt public policies to provide the necessary assistance and support required by this population within the geographical space of Venezuela;
(g) To strengthen public policy in education at all levels and modalities, especially those aimed at the promotion, dissemination and respect for human rights;
(h) To update census data of communities and indigenous peoples. To ensure the participation of the own communities in this process;
(i) To strengthen the mechanisms to protect the rights of migrants, such as training workshops for members of the Immigration Authorities who perform control checks at entry and departure points;
(j) To promote, disseminate and socialize the rights of persons with visual disabilities, promoting the mass use of the Braille system to guarantee their right to information.
Annex
Composition of the delegation
The delegation of the Bolivarian Republic of Venezuela was headed by His Excellency, Mr. Nicolas Maduro Moros, Political Vice President and Minister of People’s Power for Foreign Affairs and composed of the following members:
• H.E. Mr. Tareck El Aissami, Minister of People’s Power for Internal Affairs and Justice;
• H.E Ms. Nicia Maldonado, Minister of People’s Power for Indigenous Peoples;
• H.E. Mr. Carlos Escarrá Malavé, General Solicitor of the Republic;
• H.E. Ms. Luisa Estella Morales, President of the Supreme Tribunal of Justice;
• H.E. Ms. Luisa Ortega Díaz, Attorney General of the Republic;
• Mr. Temir Porras, Vice-Minister for Asia, Middle East Europe and Oceania.
• Mr. Edwin Rojas, Vice-Minister of Internal Policy and Judicial Security;
• Ms. Aloha Núñez, Vice-Minister of Communal Territory in Urban Zones;
• H.E. Mr. Germán Mundaraín, Ambassador and Permanent Representative of the Bolivarian Republic of Venezuela at the United Nations and other International Organizations. Geneva, Switzerland;
• H.E. Mr. Juan Arias, Deputy Ambassador of the Bolivarian Republic of Venezuela at the United Nations and other International Organizations. Geneva, Switzerland;
• Mr. Elias Eljuri, President of the National Institute for Statistics;
• Ms. Soraya El Achkar, Rector of the National Experimental University for Security;
• Mr. Pablo Fernández, Executive Secretary of the Presidential Commission for Disarmament, Gun and Munitions Control;
• Mr. Rubén Darío Molina, Director of the Office of Multilateral Affairs and Integration;
• Ms. Claudia Layas, General Director of International Relations, Minister of People’s
Power for Communes and Social Protection;
• Ms. Janly Pérez, Legal Affairs Director of the Ministry for People’s Power for
Communes and Social Protection;
• Mr. José Leonardo Requena, Secretary of the Constitutional Chamber, Supreme Tribunal of Justice;
• Ms. Gioconda González, Director Attorney General’s Office;
• Mr. Rafael González, Legal Adviser. Attorney General’s Office;
• Ms. Denis Ochoa, Coordinator of Reports on Human Rights. Ministry of People’s Power for Foreign Affairs;
• Ms. América Castro, Coordinator of International Affairs, Ministry of People’s
Power for Foreign Affairs;
• Ms. Bárbara Bravo, Coordinator of the Office for International Affairs of Ministry of People’s Power for Communes and Social Protection;
• Ms. Yeraitza Mogollón, Coordinator of the Office for International Affairs of Ministry of People’s Power for Communes and Social Protection;
• Ms. Alfonsina Niño, Legal Coordinator for General Management of Litigation, Solicitor General’s Office;
• Mr. José Luís Duran, Legal and International Affairs Coordinator Solicitor General’s Office;
• Ms. Andreina Agusti, Assistant of the Vice-minister of the Ministry of People’s Power for Foreign Affairs;
• Ms. Leticia Acosta, Assistant Counsel to the Presidency of the Supreme Tribunal of Justice;
• Ms. Ana Gabriela Marín, Assistant Counsel to the Constitutional Chamber of the Supreme Tribunal of Justice;
• Mr. Daniel Rodríguez, Specialist in International Affairs. Ministry of People’s Power for Foreign Affairs;
• Mr. Félix Peña Ramos, Minister Counsellor. Permanent Mission of the Bolivarian Republic of Venezuela to the United Nations and other International Organizations. Geneva, Switzerland;
• Ms. María Auxiliadora Guilarte, First Secretary. Permanent Mission of the Bolivarian Republic of Venezuela to the United Nations and other International Organizations. Geneva, Switzerland;
• Mr. Edgardo Toro, Second Secretary. Permanent Mission of the Bolivarian Republic of Venezuela to the United Nations and other International Organizations. Geneva, Switzerland;
• Ms. Suzany González, Second Secretary. Permanent Mission of the Bolivarian Republic of Venezuela to the United Nations and other International Organizations. Geneva, Switzerland.