Observation (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

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The Committee notes the detailed observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 29 August 2018, and the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 26 September 2018. The Committee requests the Government to provide information in relation to these observations.

Articles 2, 6 and 33 of the Convention. Coordinated and systematic action. Consultations. In its previous comments, the Committee noted the institutional and legislative framework for the protection of the rights of indigenous peoples in relation to consultation and participation and requested the Government to provide information on the activities of the Ministry of the People’s Power for Indigenous Peoples and other government bodies responsible for indigenous affairs to promote coordinated and systematic action for the implementation of the Convention. The Government indicates in its report that the Ministry of the People’s Power for Indigenous Peoples is the leading body for Government indigenous policy and that it works jointly with the Guaicaipuro Mission, which has been operational since 2003 as a body for the coordination, promotion and implementation of policies, plans and projects for indigenous peoples, with the participation of communal councils and indigenous organizations. The Government adds that the participation of indigenous representatives in national socio-economic issues is promoted through inter-institutional commissions and training activities on subjects of concern to indigenous peoples and the provisions which protect them.

The Committee notes that the CTASI refers in its observations to the Declaration of the Waramasen Assembly issued in February 2017 jointly by the Pemón, Akawaio, Arawako and Kariña indigenous peoples, in which these peoples express their discontent concerning, among other subjects, the absence of their participation in the formulation, application and evaluation of plans and programmes for comprehensive national security, defence and development, in accordance with section 11 of the Basic Act on the Security of the Nation of 2002.

The Committee notes that the CTASI adds in its observations, with reference to the establishment of the National Constituent Assembly in August in 2017, that members of indigenous peoples are not in agreement with the methodology used by the Government for the selection of indigenous candidates for the Constituent Assembly because it interfered with the internal processes of the communities for the selection of their representatives. The Committee notes the adoption of the Decree by the Constituent Assembly of 8 August 2017 containing provisions to ensure the full institutional functioning of the National Constituent Assembly in accordance with the constituted public authorities. In accordance with the Decree, the bodies of the Public Authority are subordinate to the National Constituent Assembly and have to comply with and enforce the juridical acts adopted by the Assembly for the preservation of the peace, public tranquillity, national independence, the stability of the socio-economic and financial system and the effective guarantee of the rights of the whole of the Venezuelan people.

The Committee requests the Government to indicate the manner in which the free participation of indigenous peoples is ensured in the adoption and implementation of the policies and programmes that affect them in the competent administrative bodies, at both the national level and the level of the various states, with an indication of the role played by the Guaicaipuro Mission. In this regard, the Committee requests the Government to include information on the measures adopted to promote coordinated and systematic action between the central Government and the states, as well as between government institutions, to ensure the exercise of the rights of indigenous peoples recognized by the Convention. The Committee also requests the Government to provide detailed information on the mechanisms that have been established for the consultation of the indigenous peoples, through their representative institutions, in relation to measures adopted by the Constituent Assembly which directly affect them.

Article 3. Human rights. In its previous comments, the Committee requested the Government to indicate the measures adopted to ensure respect for the human rights of indigenous peoples and that, when violations are denounced, the necessary investigations are carried out. In particular, the Committee requested information on the outcome of the proceedings initiated in relation to the murder of the indigenous leader of the Yukpa people, Sabino Romero, and on the massacre of members of the Yanomami people in the municipality of Alto Orinoco. In this regard, the Government indicates that the 14th Supervisory Court of the Metropolitan Area of Caracas handed down sentences of imprisonment for five persons charged with the presumed crime of the murder of Sabino Romero. Following various proceedings, one of the five persons presumed guilty was sentenced to imprisonment for 30 years. The Government adds that, according to the investigations carried out by a technical commission of the Office of the Public Prosecutor, it was not possible to prove that there had been a massacre of Yanomami indigenous people.

The Committee notes that the CTASI refers in its observations to the murder of five members of the Pemón people in the state of Bolívar between 2016 and 2017 by supposed armed groups with links to illegal mining. The CTASI observes that, in response to the harassment of miners and the lack of action by the armed forces, a security council was established under the indigenous jurisdiction entitled the Guardia Territorial Pemón to slow down the expansion of mining in the Ikaburú community. The CTASI adds that, according to the complaints made by the members of the community to the Prosecutor General of Republic, the Pemón Territorial Guard is assuming the functions of the police and military authorities. The Committee also notes that the UNETE, CTV, CGT and CODESA, in their observations, report violations of human rights and the disproportionate use of violence against members of indigenous communities in Guajira, as well as the murder of an indigenous leader in a confrontation with a mining union in the state of Bolívar on 24 August 2018.

The Committee notes that, in its comments of August 2018 to the report of the UN Independent Expert on the promotion of a democratic and equitable international order on his mission to Venezuela (A/HRC/39/47.Add.2), the Government refers to the establishment of the Presidential Commission for the Protection, Development and Comprehensive Promotion of Lawful Mining in the Guayana Region (COMPRODEPROIN), which has the objective of formulating and implementing a plan of action to address in a comprehensive manner the problems arising out of the illegal practice of mining in the Guayana region. The Government adds that the National Anti-Smuggling Commission has been established with the purpose of monitoring, controlling and analysing the efforts of all national and regional public entities responsible for producing policies to resolve the problem of the invasion and destruction of protected areas for the unlawful extraction of minerals, as well as the social and health problems of the indigenous and rural communities in the states of Bolívar, Delta Amacuro and Amazonas.

The Committee expresses deep concern at the information relating to the situation of insecurity affecting the various indigenous peoples in the country, and particularly the Pemón people, and it urges the Government to take the necessary measures to prevent and bring an end to the conflicts caused by mining expansion, and to safeguard persons, institutions, property, labour, culture and the environment of the Pemón indigenous people. The Committee also requests the Government to indicate the manner in which the members of the communities affected by the climate of violence participate in the formulation, implementation and evaluation of the measures adopted. The Committee also requests the Government to provide information on the investigations conducted in relation to the complaints lodged concerning the action of the Pemón Territorial Guard and on the manner on which respect is ensured for the human rights of the members of the Ikaburú Community. The Committee further requests the Government to provide information on the activities of the COMPRODEPROIN and the National Anti-Smuggling Commission to safeguard the rights of the members of the communities affected by illegal mining.

Articles 3 and 25. Shortage of food and medicine. The Committee notes that, in their official communication of 1 October 2018, the special rapporteurs and independent experts of the United Nations indicate that the situation with regard to access to health care in the country is subject to serious deterioration. In its observations, the CTASI indicates that persons belonging to indigenous peoples suffer from a shortage of food and medicine, which is giving rise to critical living conditions that are obliging them to migrate to other places within and outside the country, for example in the cases of the Wayúu communities in the state of Zulia and the Warao communities in the state of Delta Amacuro. In particular, the CTASI refers to the health crisis affecting several Warao indigenous communities in the state of Delta Amacuro due to the rise in the number of cases of measles, malaria, HIV and other infectious and contagious diseases among the members of the communities. These allegations are also reflected in the observations of the UNETE, CTV, CGT and CODESA, and in the report of the Inter-American Commission on Human Rights of 31 December 2017 (OEA/Ser.L/V/II Doc.209). The Committee expresses concern at the situation regarding the shortage of food and medicine which is affecting certain indigenous communities and urges the Government to examine the situation, take the necessary measures and provide information on their impact.

Article 15. Natural resources. Arco Minero del Orinoco. Prior consultation. In its previous comments, the Committee requested the Government to provide information on the application of the provisions of the Water Act, the Act on the management on biological diversity, the Basic Act on the environment and the Forest Act in relation to prior consultation with indigenous communities, environmental and socio-cultural impact studies, the payment of compensation and the participation of communities in the benefits deriving from exploitation of natural resources in their lands. The Committee notes the Government confines itself to indicating that consultations were held with indigenous communities prior to the establishment of the Franja Petrolera del Orinoco (Orinoco oil band) through multiple meetings held in the communities. The Committee notes the CTASI’s observations concerning the commencement of mining operations in the state of Bolívar in 2017 as part of the Arco Minero del Orinoco project. According to the CTASI, the operations are carried out by the Parguaza Eco-socialist Mixed Mining Company, without having first consulted the indigenous communities affected in Apanao, Bloque El Callao, Bloque Guasipati-El Callao, Sifontes Norte, El Foco, El Triunfo and Gran Corazόn de Jesús. The Committee requests the Government to provide detailed information on the consultations held with the indigenous communities affected by the mining activities carried out as part of the Arco Minero del Orinoco project, and on the agreements reached between the Government and the communities, including information on the terms governing the distribution of benefits.

The Committee is raising other matters in a request addressed directly to the Government.