1

THE VENEZUELAN EXODUS; AN

AUTHORS

Vishnu Sudarshan P (CMR University, School of Legal Studies)

Ishani Bhattacharjee (University Law College, Bangalore)

Keywords: Venezuela, Human Rights, Maduro, Hyperinflation.

ABSTRACT
In an era where the Middle Eastern Political Crisis’ have been publicized in mainstream media,
one country in the Latin American Region to a large extent has been ignored. The Venezuelan
Crisis is a product of political instability, poverty and economic downfall which has led to the
Situation to be a Humanitarian Crisis. This situation owes its inception to the political climate in
the region whose stability gets worse by the day. By acquiring more international debt and with an
unstable political climate, this state is unfortunately stuck in a viscous cycle. The economic problem
however moves on to a larger premise of humanitarian issues. The economic situation has rendered
the people of the land completely unable to afford even the bare necessities. The poverty and
unemployment rates have skyrocketed with over 85% of the poverty below the poverty line.
Moreover, the currency rates implemented by the President of Venezuela continue, to this day to
have an adverse effect on the nation’s economic stability. Although it might seem that there is no
recourse to the Venezuelan Crisis, implementing a democratic discourse and acquiring aid from
other countries are certain to work. The situation as it stands is at a critical stage due to the rapid
transition from a Democratic country to an Authoritarian country. A country which was once
termed as the best example of a Democracy is now in shambles. In essence, this Article seeks to
point out the causes, illegalities that have resulted out of the Venezuelan Exodus and provide for
solutions to solve the discrepancies in the National and International Realm.
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CHAPTER 1: INTRODUCTION

The Venezuelan economic crisis is seen to be one of the worst economic crisis’ in the modern era.
Worse GDP drop rates than the Great Depression in the USA with an inflation rate of over a million
percent. This situation owes its inception to the political climate in the region whose stability gets
worse by the day. By acquiring more international debt and with an unstable political climate, this
state is unfortunately stuck in a viscous cycle. The economic problem however moves on to a larger
premise of humanitarian issues. The economic situation has rendered the people of the land
completely unable to afford even the bare necessities. The poverty and unemployment rates have
skyrocketed with over 85% of the poverty below the poverty line. Moreover, the currency rates
implemented by the President of Venezuela continue, to this day to have an adverse effect on the
nation’s economic stability. These Conditions have sparked months of protest against the countries
president, Nicolas Maduro and for good reason. The country has become considerably worse after
his election as president in 2013. A simple poll shows that 80% of the Venezuelan population wants
Maduro removed from office but instead the opposite happened. Maduro has staged and
consolidated his power bringing the country into an authoritarian rule. This paper aims to analyse
the crisis and provide for holistic solutions to the same.
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CHAPTER 2: THE CRISIS EXPLAINED

Venezuela was at one point the richest countries in Latin America possessing one of the largest oil
reserves in the world. The functioning of its democracy were praised worldwide, a 1973 newspaper
from the New York Times even quoted “In Venezuela, good times are going”. However, times have
changed, the country has the highest inflation rate in the world going over a million percent, to put
that in perspective, India’s inflation rate is 6.2%. This makes the accessibility to food and shelter
almost impossible. The consumer price index was over 2100 and the GDP has fallen over 35% over
the course of a few years. This is a sharper drop that the one seen in the great depression of the
United States. Moreover, the criminal rates especially in terms of murder has shot up and surpassed
some of the most dangerous cities in the world at 91 murders per 100000 people. These Conditions
have sparked months of protest against the countries president, Nicolas Maduro, and for good
reason. The country has become considerably worse after his election as president in 2013 1. A
simple poll shows that 80% of the Venezuelan population wants Maduro removed from office,
instead the opposite happened. Maduro has staged and consolidated his power bringing the country
into an authoritarian rule.

Maduro’s political ambition became prevalent in the month of December 2015, two years after he
became president, a coalition of opposite parties called the Democratic Unity Roundtable (MUD),
won a two thirds majority in the National Assemble, putting Maduro’s rule at risk. To counter this,
Maduro had forced out several Supreme Court Justices and filled the position with people who
shared his ideology. In the month of March 2016, the court had ruled to strip the opposition led
National Assembly of its powers rendering their opinions absolutely useless and sparked a massive
protest against the country. This basically led to a situation where Maduro cannot be challenged on
any move that he would make. However, the damage was done and protests continued and left over
a 100 dead and thousands injured. Despite the violence and public outcry 2 Maduro had struck down
the national assembly, stripped it off its powers and formulated the National Constituent Assembly
in the month of July 2017. This constituent assembly had the power to rewrite the constitution of
Venezuela and bring him one step closer to a complete totalitarian system. When the day of the vote
came, the people of Venezuela did not vote for the formulation of the committees itself but rather
just forced it and elected its members. However, this was not a case in the year 1999 when the
Former President of Venezuela, Hugo Chavez had aspired to formulate a National Constituent
Assembly He instead asked the people to approve of the assembly itself to begin with. Many
critiques of Maduro would agree that unlike Maduro, Chavez was a rather people oriented leader. In
1
Alarcón, B., Álvarez, A.E., Hidalgo, M. Latin America’s New Turbulence: Can Democracy Win in Venezuela?’ 27
JOD 20, 34(2016).
2
Buxton, J. Defusing Venezuela’, Seton Hall Journal of Diplomacy and International Relations, 28 JOD 10, 24(2018).
 5

the 1980s he had burst onto televisions in the country, he stood for ending corruption and ensuring
an egalitarian society in the State of Venezuela. His message resonated with the countries poor
classes which helped bring him to power. The key moment in his rule was when he had made oil
revenue surge in the year 2004; this revenue was utilized for social welfare and programmes for the
poor. He subsidized food, invested in the education system and improved the health care facilities in
Venezuela. Another massive moment in his tenure was when the poverty rates had reduced by over
a half in the interim of half a decade. However, the problem with sustaining an economy that uses a
majority of its revenue on social welfare scheme is that the GDP would fall. The GDP was over
22% lesser than to begin with before he had passed away. Maduro was Hugo Chavez’s handpicked
successor. As soon as Maduro had taken the office, oil prices had plummeted down the ground and
the economy was in shackles.

Food and medicines that were at one point readily available due to subsidies are now not within the
reach by the majority of the people of Venezuela. Higher rates of unemployment place the country
in a vicious cycle3. Maduro has rigged the economy of the State to retain himself in power; this
however is not beneficial to the poor. In fact, he has exploited a complex currency system placed by
Former President Hugo Chavez4. Maduro has set the currency exchange rate to 10 Bolivairs to one
Dollar, however this access is not granted to every person. It is only granted to a selected group of
people who constitute the Countries elite. The other 82% of the population however acquire dollars
at the black market rate that is 12,163 Bolivairs for a Dollar 5. The military in Venezuela has
complete control over the food supply and it is seen that they are profiting out of this difference in
currency. They are acquiring food at the normal set rate from different countries and are selling
them at the black market rate to the people of Venezuela6.

The deteriorating human rights issue in Venezuela has raised questions about the State of
Venezuela, which is in a dire economic and political crisis under the Totalitarian rule of current
President Nicolás Maduro. Before the political situation incepted in January 2019, Venezuelans
were already, facing a cumbersome lack of food and medicine, and lack of access to social
services7. Political instability and the repercussions of hyperinflation coupled with a drastic loss of
income and poverty have contributed to the issue. President Maduro ignoring the situation has
declined to accept international humanitarian assistance. As the issue in the State progresses to
deteriorate in Standard of living rates and political stability, a larger magnitude of people are

3
Corrales, J, The Authoritarian Resurgence: Autocratic Legalism in Venezuela 26 JOD 12, 37-51 (2015).
4
Id.,
5
Corrales, J.,Hidalgo, M, The Quality of the Venezuelan Democracy under Hugo Chávez 89-118 (2013).
6
Crahan, M. E., Castro Mariño, S.M., Cuba-US Relations: Normalization and its challenges,1 NYLAS 10, 26 (2016).
7
Ellner, S, Toward a ‘Multipolar World’: Using Oil Diplomacy to Sever Venezuela’s Dependence 40 NACLA 12, 15-
22 (2007).
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leaving the State and this puts the surrounding Countries with the herculean task of providing the
refugees with adequate facilities. One of the countries that has participated in providing for the
refugees is Columbia. The spread of older and eradicated diseases, such as measles and smallpox, is
also a concern with the majority remaining in the Latin American region. Although the United
Nations Human Rights Committee (UNHRC) has stated that most internally and externally
displaced Venezuelans are not defined as refugees, a large magnitude of the people are in need of
humanitarian help, international protection, and opportunities to rejuvenate their once financially
stable status.

The International Organization for Migration (IOM) and the UNHCR had approximated that
towards end of 2019, the number of Venezuelan refugees reached over 5.3 million. While a large
magnitude of Venezuelan migrants have fled to Colombia, the rest of the population have fled to
Peru, Ecuador, Chile, the southern Caribbean and the surrounding areas. This is especially
deteriorating as Colombia is coping with its own political situations and other pressures. The border
between Venezuela and Columbia extends to over 1378 Kilometres and there are 7 official crossing
points in the same, while the others are unofficial. There are hundreds of unofficial crossing points
on the border, which makes it impossible to track all transitions. Host countries have been willing to
register some Venezuelan migrants and by October 2018 had granted 960,000 Venezuelan arrivals
alternative legal forms of stay. The Government of Venezuela has made it difficult for the
Venezuelan population to obtain a passport and therefore the legal status outside the country
remains ambiguous8. Governments, humanitarian organizations (national and international) are
responding to the needs of displaced Venezuelans and host communities in the region. Services
provided vary by country and include support for reception centers and options for shelter;
emergency relief items, such as emergency food assistance, safe drinking water, and hygiene
supplies; legal assistance with asylum applications and other matters; protection from violence and
exploitation; and the creation of temporary work programs and education opportunities. The World
Health Organization (WHO) is constantly helping the Government in buying medications for the
fatal diseases that have popped up in the region. In keeping with international humanitarian
standards, U.S. humanitarian assistance is generally provided on the basis of need and according to
principles of universality, impartiality, and independence 9. Humanitarian organizations have
expressed concern not just about the many logistical and security problems in delivering assistance
to Venezuela, but also the prospect of humanitarian assistance being used as a tool in a political

8
Hoffmann, Bureaucratic socialism in reform mode: the changing politics of Cuba’s post-Fidel era, 37 TWQ 1700,
1730-1744 (2016).
9
Engstrom, The Inter-American Human Rights System: Impact Beyond Compliance 23 (2018).
 7

contest. The Maduro regime has so far blocked relief supplies from entering Venezuela via
Cúcuta10.

CHAPTER 3: ACCOUNTABILITY OF THE STATE OF VENEZUELA AT

With respect to all Laws of Human Rights, both applicable to a Country through Customary
International Law, or the kind consented to through international or regional human rights
instruments, The States are bound to follow 11. States as a whole have positive and negative
obligations; negative obligations to not impede with enjoyment of rights (e.g. Right to Life), and
positive obligations to ensure that there is no impedance by others in the rights 12. The positive
obligations to ensure the protection of people includes the requirement to criminalize acts that
constitute gross human rights violations in order to ensure that perpetrators are held to account 13. A
specific feature of the duty to protect is the obligation to investigate, prosecute and punish all acts
that amount to gross violations of human rights. Principle 19 of the UN Updated Set of Principles
for the Protection of Human Rights through Action to Combat Impunity in this regard provides that:
“States shall undertake prompt, thorough, independent and impartial investigations of violations of
human rights and international humanitarian law and take appropriate measures in respect of the
perpetrators, particularly in the area of criminal justice, by ensuring that those responsible for
serious crimes under international law are prosecuted, tried and duly punished”. In the transitional
judicial paradigm it is imperative to understand that, while truth commissions or similar
mechanisms are an important aspect of the right to truth as a way to compensate victims must be
used in combination with the investigation of facts undertaken with a view to prosecuting those
responsible for gross violations of human rights14.

Ensuring the accountability of perpetrators of gross human rights violations also forms key
elements of the right of victims to effective remedies and reparation. In the case of extrajudicial
killings, for example, the Human Rights Committee has explained that the duty to investigate,
prosecute and punish arises from the obligation of States parties to the International Covenant on
Civil and Political Rights (ICCPR) to provide an effective remedy to victims of human rights
violations, set out in Article 2(3) of the ICCPR, when read in conjunction with the right to life under
Article 6. Reparation includes the right to satisfaction and guarantees of non-repetition. In the

10
Id.,
11
Jones, Societies Under Siege: Exploring how international economic sanctions (do not) work 923 (2015).
12
Id.,
13
LeoGrande, A Policy Long Past Its Expiration Date: US Economic Sanctions Against Cuba, Social Research 82 AIQ,
939, 966 (2015).
14
Mesa-Lago, The Emerging Non-State Sector in Cuba’s Economy, 52 LARR 150, 156 (2017).
 8

context of accountability, satisfaction incorporates two key elements: ‘justice’ through prompt,
thorough, independent and impartial investigations that lead to judicial and administrative sanctions
against perpetrators; and truth, involving the verification and full and public disclosure of facts.
Further elements of the right of victims to effective remedies and reparation are considered in part
3.3 of this report15. The issue of responsibility for gross human right infringements and the war
against impunity faces numerous issues, both in legal terms and as to State practices and policies.
The Venezuelan Constitution expresses that gross human rights infringements and crimes against
humanity may not be subject to pardon, have no legal time limit (As per their Statute of
Limitations) and are inside the purview of the ordinary courts. In any case, not all acts including
gross human rights infringement are within the scope of their law; there are inadequacies in their
definitions; and the purview of military courts reaches out to gross human rights infringements
committed by members of the military. While a lack of political will to hold the wrongdoers to
account has sustained for many years, recent changes in the position of the Attorney General of the
Republic and the Office of Public Prosecutions may signal a move away from impunity in the
country16.

In any case, a portion of these offenses are not as per the meanings of these wrongdoings under
International Law. For instance, with respects to torture (set out in Article 17 Special Law to
Prevent and Punish Torture and other Cruel, Inhuman or Degrading Treatment), The Committee
against Torture has concluded that the shortcomings in the criminalization of torture are “open real
or potential loopholes for impunity” By way of further example, the crime of enforced
disappearance (Article 180-A of the Criminal Code) presents serious problems. In cases attributable
to State agents, the crime of enforced disappearance is limited to situations of illegal deprivation of
liberty and does not include as perpetrators persons or groups of persons acting with “the
authorization, support, or acquiescence of the State”. The Inter-American Court of Human Rights
has concluded the crime of enforced disappearance, as set out in the Criminal Code, does not reflect
the criteria established by the Inter American Convention on Forced Disappearance of Persons.
Moreover, several violations under international law are not referenced in Venezuelan law. Despite
the fact that the Constitution alludes to crimes against humanity and Venezuela is a Member of the
Rome Statute, these violations are not indicated in their national law. The nation's criminal law
doesn't make reference to genocide, despite the fact that Venezuela endorsed the Convention on the
Prevention and Punishment of the Crime of Genocide in 1960 17. Forced enrollment and utilization
of children by the military isn't completely culpable under Venezuelan criminal law, despite the fact

15
Id.,
16
Id.,
17
Posner, The Twilight of Human Rights Law, 240 (2014).
 9

that Venezuela is involved with the Optional Protocol to the Convention on the Rights of the Child
on the contribution of children in armed conflict, and despite the fact that the Constitution denies
forced enrollment of either children or adults it is only viewed as a wrongdoing when committed by
an illegal armed groups18.

CHAPTER 4: POSSIBLE SOLUTIONS TO A SEEMINGLY NEVER ENDING

Although it might seem that there is no recourse to the Venezuelan Crisis, implementing a
democratic discourse and acquiring aid from other countries are certain to work. The situation as it
stands is at a critical stage due to the rapid transition from a Democratic country to an Authoritarian
country. A country which was once termed as the best example of a Democracy is now in shambles.
Through the course of this Chapter, we analyse the possible solutions which might help the country
to revive from itself.

Dr. Jennifer McCoy, Distinguished University Professor of Political Science at Georgia State
University, discussed that a potential outcome for the situation in Venezuela; could be a negotiated
solution19. Although, for it be a success, there has to be a democratic dialogue between the
Government and the people itself. This would especially work in a country like Venezuela, whose
people to this day has a restricted opinion on the Governments function. An instance of this
working is when the United Kingdom had held a referendum for BREXIT 20. The settlement should
be not arbitrary, should be free from the influence of the President and the military, it should be for
the betterment of the country and its people. A negotiated settlement would thus address the
following problems; firstly, food and medical shortage which is a basic human Right; The UNHRC
had in a report mentioned, “The right to adequate food is realized when every man, woman and
child, alone or in community with others, has physical and economic access at all times to adequate
food or means for its procurement” 21; Secondly, Providing economic support to revive the falling
economy; and Thirdly, there should be a restriction on the Venezuelan Capital Control Schemes and
the two currency models which caused a situation of Hyperinflation. Hyperinflation is a very
difficult hole out of which to climb. Very few economies ever experience it, and it’s hard to stop it
without massively cutting government spending22.

18
Id.,
19
GSR, Solving The Economic & Security Crisis in Venezuela, (Jul. 8, 2020),
https://globalsecurityreview.com/solving-the-economic-security-crisis-in-venezuela/
20
BBC, Brexit: All you need to know about the UK leaving the EU, (Jul. 10, 2020), https://www.bbc.com/news/uk-
politics-32810887
21
UNHRC, The Right to Adequate Food, (Jul. 8, 2020),
https://www.ohchr.org/Documents/Publications/FactSheet34en.pdf
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Furthermore, The State of Venezuela had withdrawn itself from the IMF 23, and the World Bank24
and heavily relied upon China for loans in exchange for oil as collateral; however, this is inherently
unsustainable for a country whose economy is heavily dependent on Oil as a source of income. In
order to revive they need the help of the aforesaid institutions; instead of relying upon china and
Russia which consequentially had an effect on the Venezuelan economy. The only way to break this
chain is by letting the currency to float. This will put an end to the chronic balance of payment
crises and mostly corruption that is prevalent. There are many policies which can be adopted to
improve the current economic condition in Venezuela. The government will have to take strict
measures to bring down the inflation.

Furthermore, the most effective way to stop Venezuela from swallowing itself in debt is through the
pressure from the international community; however, that has not been effective as of yet 25.
Although, the National Assembly leader Juan Guaido has declared himself interim president and
dozens of countries in the Americas and Europe have recognised him as Venezuela's legitimate
leader; Maduro has rejected the international community’s plea to step aside or call new, free and
fair elections. Maduro isn’t stepping down from his role as President is due to his immense
influence over the Country’s military, through the same he has created a Military regime that are
incredibly loyal to him26. This is effectively why the United states will only initiate a dialogue with
Venezuela when Maduro is removed from his post. The United States had in an attempt however,
called for the protection of Press Freedom as well as the Freedom of Assembly, but this provoked
the Venezuelan Government and they retaliated by expelling 3 U.S. diplomats. This as a
repercussion deteriorated the relations between the United States and Venezuela 27. International
support is needed to encourage dialogue between the government and the aggrieved, it should be
aimed at reducing violence, fixing the economy and ascertaining the people their basic Human
Rights.

22
The Conversation, What caused hyperinflation in Venezuela: a rare blend of public ineptitude and private enterprise,
(Jul. 10, 2020) https://theconversation.com/what-caused-hyperinflation-in-venezuela-a-rare-blend-of-public-ineptitude-
and-private-enterprise-102483
23
Bloomberg, IMF Won’t Lend to Venezuela Because Maduro Lacks Recognition, (Jul. 10, 2020),
https://www.bloomberg.com/news/articles/2020-03-17/venezuela-requests-5-billion-from-imf-to-fight-coronavirus.
24
Reuters, Venezuela leadership issue still blocking IMF, World Bank aid, (Jul. 10, 2020)
https://www.reuters.com/article/us-imf-worldbank-venezuela/venezuela-leadership-issue-still-blocking-imf-world-
bank-aid-idUSKCN1RN1TH
25
Aljazeera, Can the international community solve Venezuela's crisis?, (Jul. 8, 2020),
https://www.aljazeera.com/programmes/insidestory/2019/02/international-community-solve-venezuela-crisis-
190208180029890.html
26
Fortune, 4 steps to fix Venezuela, (Jul. 8, 2020), https://fortune.com/2016/02/20/venezuela-oil-bolivar/
27
Brookings, Toward a Peaceful Solution for Venezuela’s Crisis, (Jul. 8, 2020),
https://www.brookings.edu/blog/up-front/2014/02/20/toward-a-peaceful-solution-for-venezuelas-crisis/
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CHAPTER 5: CONCLUSION
Venezuela being a former solid example of what a democracy should look like has now entered into
the crevices of a fully authoritarian rule. The political and the economic climate have made the
State into one of the most dangerous places to be in. Drawing an example from the Kosovan,
Yemeni and Sudani crises, the State needs a revamp of its electoral policies and economic schemes.
Drawing funds from international organizations put into the system without the intervention of the
government itself, could possibly enable the State to sustain itself considering the political crisis
surrounding it. Moreover, the humanitarian aspect of the State needs further consideration in the
international community. The poverty and unemployment rates have destroyed the economy and
any help the State can accrue should be taken. Moreover, a rejuvenation of the prior National
Constituent Assembly should be made. The need of the hour is to bring back the nations former
glory by revising the economic, political and legal aspects of the State.