Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Venezuela (Bolivarian Republic of) (Ratification: 2002)

Other comments on C169

Observation

Direct Request

2018
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2004

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Article 7 of the Convention. Development. The Committee notes the Plan de la Patria programme 2013–19, which establishes among its strategic and general objectives, “guaranteeing the allocation of decent housing for indigenous communities in a situation of vulnerability, respecting their culture and traditions”, “promoting the training, skills enhancement and financing for socio-production units in indigenous communities, respecting their practices and traditional forms of organization”, and “accelerating the demarcation of indigenous lands through the provision of title for their community lands”. The Committee notes the indication by the CTASI in its observations that only indigenous peoples who have the “carnet de la patria” can benefit from social housing and employment programmes. The Committee requests the Government to provide information on the measures adopted, in collaboration with indigenous peoples, in compliance with the objectives established in the Plan de la Patria 2013–19 relating to the rights of indigenous peoples, including information on any evaluation that has been undertaken of the implementation of the Plan and data on its impact on indigenous communities. The Committee requests the Government to provide information on the measures adopted to ensure that indigenous peoples, without any distinction, are able to benefit from the social programmes implemented by the Government.

Article 14. Demarcation procedures and land title. In its previous comments, the Committee welcomed the implementation of land demarcation and titling processes for indigenous communities, within the framework of the Basic Act on indigenous peoples and communities of 2005, and requested information on the progress made in these processes. The Government indicates that since 2005 the National Commission for the Demarcation of the Habitat and Lands of Indigenous Peoples and Communities has granted 102 titles to collective property, representing a total of 3,280,298 hectares, on which 99,001 persons belonging to indigenous peoples are living. The Government adds that 93 of the 140 applications for demarcation have been approved. The Committee notes that the CTASI expresses concern at the lack of official information on the approval of new territorial demarcations by the Demarcation Commission, which could signify a reversal in the demarcation process as from 2017. The Committee requests the Government to provide updated information on the progress made in the demarcation and titling processes, with the participation of indigenous peoples, with an indication of the number of collective property titles granted, the surface area covered by the titled areas, and indications on the beneficiary indigenous peoples and communities.

Land disputes. With reference to certain disputes which have arisen out of the evaluation of technical reports on land demarcation, and particularly the reduction in the surface area of the territory which had been self-demarcated by the Hoti people, the Government indicates that, as the population of the Hoti people is distributed over the states of the Bolívar and Amazonas, demarcation processes are being conducted separately for each state and that the demarcation of the territory of the Hoti people locating in the state of Bolívar is still awaiting completion. While noting this information, the Committee once again requests information on the mechanisms that exist to resolve disputes which arise between indigenous peoples and third parties, as well as between indigenous peoples, in the context of demarcation and titling processes, providing examples of cases that have been resolved through such mechanisms.

Article 26. Education. The Committee notes the CTASI’s observations concerning the deterioration in education centres and the shortage of bilingual teachers in regions inhabited by indigenous communities. The Committee requests the Government to provide information on the measures adopted to facilitate the access to education of members of indigenous peoples, including updated information on the number of education centres, teachers and students in the regions inhabited by these peoples.

Article 32. Cross-border cooperation. The Committee notes the Government’s indications concerning the adoption in 2013 of the Comprehensive Plan for the Defence, Development and Consolidation of the Frontier Municipalities of Machiques Perijá, Rosario de Perijá and Jesús María Semprúm del Estado Zulia, of the Yukpa indigenous communities, which has the objective of reinforcing the institutional and logistical basis for coordinated action by the State and the communities for the defence and development of these municipalities. The Government indicates that, within the context of this Plan, strategies have been developed for the improvement and consolidation of rural roadways, educational infrastructure and the operational capacities of the security forces. The Committee requests the Government to provide detailed information on the measures adopted, with the participation of indigenous peoples, in the context of the Comprehensive Plan for the Defence, Development and Consolidation of the Frontier Municipalities Machiques Perijá, Rosario de Perijá and Jesús María Semprúm del Estado Zulia, of the Yukpa indigenous communities, with an indication of the impact of these measures.