The President in charge, Juan Guaidó, made the deposit of the ratification of the Protocol of San Salvador, a fundamental instrument in the Inter-American System of Human Rights Protection, for the protection of social, economic, cultural and labor rights in the whole region, this Friday, July 24th, 2020. This deposit was presented before the OAS General Secretariat in accordance with the additional rules of deposit established by the OAS Charter and the Protocol of San Salvador itself.
The President explained that the ratification of the protocol by Venezuela is an important step forward to stop the human rights violations that are systematically committed by the regime.
During a ceremony transmitted by the platforms Youtube and Webex, the president recalled that this July 24th is the birthday of the Liberator Simon Bolivar, so he described this day as special for the ratification of the protocol because it commemorates a man who fought for freedom and rights.
He also assured that it is an honor to ratify the protocol in such a complex moment because of the covid-19 pandemic, and the situation of the deputies behind bars, like the case of Gilbert Caro who is being held hostage by a body that should have been eliminated like the FAES.
“Today the very existence of the Republic is at stake, that’s why these steps are so important for us. We not only ratify the struggle, the libertarian deed, but also the respect for each citizen when yesterday we saw, for example, older people being beaten by repressive bodies of the dictatorship. That is why this protocol is more important than ever,” said Guaidó.
OAS Secretary General Luis Almagro said the ratification of the San Salvador Protocol is important because of the current human rights situation in Venezuela.
“We urge everyone in this case to guarantee these rights enshrined in the Protocol of San Salvador. There is nothing better than making this call within the framework referred to by President Guaidó on the birth of Simón Bolívar. A citizen, a Republican, who fought for all rights for all Venezuelans,” Almagro said.
The interdependence between political, civil, and social, economic, and cultural rights enshrined in the protocol is an advance in the inter-American system, Almagro acknowledged.
He added that the Protocol is a treaty that complements the American Convention by developing the protection of social, economic and cultural rights in a broader way.
If there is a country that needs the implementation of this protocol, it is Venezuela, said the Secretary General, because he considers that the country “is experiencing the greatest political, economic and health crisis in the region because of a dictatorship that violates and puts at risk these rights enshrined in the protocol.”
The OAS Secretary General also thanked Guaidó for ratifying the protocol because it “strengthens the access of Venezuelans to fundamental rights for the protection of human dignity.”
The Presidential Commissioner for Human Rights and Attention to Victims, Humberto Prado, assured that it is unusual that after having approved it, government had waited 15 years for this deposit before the OAS.
“Although the Commission understands that these complaints suffer from absolute nullity from the point of view of non-compliance with national and international law requirements, the truth is that even if they were taken as certain, the Protocol of San Salvador would facilitate an alternative route for the contentious judgement of ESC rights (Economic Social and Cultural) in the IACHR,” declared the Commissioner.
The Protocol of San Salvador establishes in its article 8, section A, that it has to do with the right that workers have to organize in unions and affiliate to international organizations, it has to do with the exercise of trade union freedom. Then we have article 13, and article 13 has to do with the right to education, unlike article 8, the protocol ensures that everything established in article 13 on the right to education can be taken to justice and that includes the right to primary, secondary and university education, the quality of education, and free education, everything that has to do with making it accessible, people with disabilities and everything that has to do with freedom of speech (if it may be called so), all of that has to do with the right to education, incidents about those two cases can be presented to the IACHR and if necessary to the IACHR Court, as exercises of freedom of association and to education established in the protocol.
Prado said that “taking this step is extremely important, not only to ensure respect for human rights, and especially the ESCR of all Venezuelans, but also to establish the correct steps to be able to make a difference in Venezuela.
Likewise, the deposit of this international instrument will allow the recent jurisprudence of the Court on ESCR matters to be perfectly applicable to Venezuela, especially with regard to the right to social security, unionization, labor stability, access to health for people with HIV and protection of the elderly.
In view of this, it is appropriate to bear in mind that the deposit of this instrument with the OAS Secretariat takes place in a context where the usurper regime has chosen to denounce the American Convention and the OAS Charter, while, for its part, the Interim Government has made all the necessary institutional efforts to do everything possible to keep our country within the System.
Finally, even though the Commission understands that the complaints lodged against the American Convention and the OAS Charter are absolutely null and void from the standpoint of their failure to comply with national and international law, the fact is that even if they were taken for granted, the Protocol of San Salvador would provide an alternative channel for the contentious prosecution of ESCR in the IACHR, as well as for the monitoring function of the Inter-American Commission on this particular matter.
Commissioner Prado thanked the Secretary General of the Organization of American States (OAS), Luis Almagro, for his firm and determined action for democracy in Venezuela.