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

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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.

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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.

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Part I of the Convention. General policy. Article 1. Peoples covered by the Convention. The Committee notes that the Identity Mission, between 2004 and September 2014, resulted in the provision of identity documents to 368,797 indigenous persons from various peoples (of whom 294,892 are adults and 73,095 are girls, boys and young persons). The Government adds that, according to the 2011 census, there is an indigenous population in the country of 725,128 inhabitants distributed among 58 peoples.

Articles 2 and 33. Coordinated and systematic action. The Committee notes the progress achieved between 2007 and 2014 by the project of comprehensive care for indigenous populations in conditions of extreme vulnerability, the 712 projects financed by Indigenous Communal Councils and the houses constructed and delivered to indigenous communities between 2008 and 2014. The Government adds that policies were extended through the creation of three deputy ministers in the Office of the Ministry for Indigenous Peoples. The Committee also notes the mandate of the Standing Commission on Indigenous Peoples of the National Assembly and the Special Delegated Office of the Ombudsman for Indigenous Peoples in the Office of the Ombudsman. The Committee invites the Government to provide information on the activities undertaken, in cooperation with indigenous peoples, by the Ministry for Indigenous Peoples to promote coordinated and systematic action in relation to the subjects covered by the Convention. Please also provide information on the activities of the Standing Commission on Indigenous Peoples of the National Assembly and the Special Delegated Office of the Ombudsman for Indigenous Peoples in relation to the matters covered by the Convention.

Article 15. Natural resources. The Government refers to the activities carried out by the Ministry of the Environment to ensure the participation of indigenous peoples in the decision-making process established by the Water Act, the Act on the management of biological diversity, the Basic Act on the environment and the Forest Act. The Committee once again invites the Government to indicate the manner in which the application of the Convention is ensured in the event of disputes relating to the exploration and exploitation of natural resources on indigenous lands in the state of Bolivar, referred to by the Independent Track Union Alliance (ASI) and the Coordinating Committee for Indigenous Organizations of Amazonians (COIAM) in their observations of August 2013. Please provide examples of the manner in which the provisions of the legislation referred to above have been applied respecting the prior consultation of the indigenous communities concerned, environmental and socio-cultural impact studies, the payment of compensation and participation in benefits by the indigenous communities concerned.

Article 16. Transfer and relocation. Situation of Yukpa communities. In reply to the Committee’s previous comments, the Government indicates that the Yukpa people did indeed find it necessary to seek refuge in the high mountains of Perijá (state of Zulia). The Committee notes that the process of the demarcation of all Yukpa indigenous peoples’ lands was completed in 2011 and the Government’s statement that their ancestral lands have been restored to them.

Parts III, IV and VII. Conditions of employment. Vocational training and cross-border contacts. The Committee welcomes the information received and hopes that the Government will continue to provide updated information on the measures taken to ensure adequate labour inspection in areas inhabited by indigenous peoples (Article 20), the participation of indigenous peoples in vocational training programmes (Articles 21 and 22) and international agreements concluded on the matters covered by the Convention (Article 32).

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The Committee notes the communication from the International Organisation of Employers (IOE) of 1 September 2014 and the Government’s reply referring to the information already submitted in its report received in August 2014.

Article 3 of the Convention. Human rights. Observations by the National Union of Workers of Venezuela (UNETE). The Committee notes the observations made by the UNETE and the Government’s reply received in October 2014. In its observations, the UNETE evoked the murder of the leader of the Yukpa peoples, Mr Sabino Romero, perpetrated on 3 March 2013. The UNETE also referring to the working conditions of the indigenous peoples living in Alto Caura area (between the State of Bolivar and that of Apure). In its reply, the Government indicates that the perpetrators of the crime have been prosecuted. Moreover, the Government is promoting a bill to penalise attacks against campesino activists. With regard to the Caura Plan, launched on 24 April 2014, the Government indicates that its main objective is to put an end to illegal mining, to preserve biological diversity and to protect the indigenous peoples living in the area. The Committee requests the Government to provide information on the results of all proceedings initiated in relation to Mr Sabino Romero’s murder. Please also indicate whether new provisions to reinforce respect for indigenous peoples’ human rights and to fight against illegal mining have been adopted.

Human rights. Denunciation by the Coordinating Committee for Amazonian Indigenous Organizations (COIAM). In a communication received in August 2013, the Independent Trade Union Alliance (ASI) referred to a massacre of Yanomami indigenous people in the municipality of Alto Orinoco, in the state of Amazonas. The Committee notes that a technical team composed of 28 officials and established by the Public Prosecutor’s Office was mobilized by air on 31 August 2012 to verify the situation and the conditions of indigenous peoples in the Amazonian forest. The Government affirms that after meeting the Momoy community, another Irotathery community and other communities in the area, it was found and proven that none of the acts denounced by the COIAM had occurred. The Committee invites the Government to continue providing information on the measures adopted to ensure that the human rights of indigenous peoples are respected and that, in the event of complaints of violations, the necessary investigations are carried out.

Articles 6, 7, 15 and 16. Appropriate consultation and participation procedures. The Committee notes with interest the Act on woodland and forest management, published in August 2013, sections 25 and 26 of which envisage prior consultation with the indigenous communities concerned. The Government also recalls the rights of consultation and participation recognized in the Basic Act on indigenous peoples and communities. The Committee invites the Government to provide examples of the manner in which the effective consultation and participation is ensured of the indigenous peoples concerned in relation to measures and decisions which may affect them directly.

Article 14. Indigenous representation. Demarcated lands. In reply to its previous comments, the Government indicates that in indigenous peoples’ community, through assemblies, their main and deputy spokespersons have been elected as members of the demarcation commission for indigenous habitats and lands, with demarcation commissions being established at both the national and regional levels. The Committee notes with interest that effective indigenous representation and participation is demonstrated, according to the Government, by the fact that the first demarcation is a “self-demarcation”, that is the establishment of territorial boundaries by indigenous peoples themselves based on the memory resources of cognitive maps, which are then certified by the Venezuelan Geographical Institute. The Committee also notes with interest that, between 2009 and 2013, 47 titles were consolidated, and that between 2005 and 2013 a total of 87 collective titles were granted. The total surface area covered by such titles was 2,943,096.55 hectares, with around 76,400 indigenous persons on the titled land. The Committee invites the Government to continue providing updated information on the land title and registration processes carried out by demarcation commissions, the surface area covered by titles and the beneficiary communities in each region.

Land disputes. The Committee notes the information provided on certain disputes which have arisen from the evaluation of technical reports on land demarcation. The Government provides information on the situation in the “Hugo Chávez Frías” oil-bearing strip in Orinoco (FPO) in relation to 30 indigenous communities, of which 12 belong to the Kariña people, in the states of Anzoátegui and Bolívar, who were granted collective ownership title through a process that ended in 2013. The Committee recalls that in the observations made by the Independent Trade Union Alliance (ASI) and the Coordinating Committee for Amazonian Indigenous Organizations (COIAM), received in August 2013, reference was made as the most serious case to that of the Hoti people in the state of Amazonas, for whom the self-demarcated surface was reported to have been reduced by 42.2 per cent in the technical report approved by the Regional Demarcation Commission in August 2012. The Committee requests the Government to respond to the concern raised and continue providing information on the manner in which the land claims made by the peoples concerned have been resolved, with examples of cases which have been resolved in accordance with the Convention.

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

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The Committee notes the information provided by the Government concerning the period ending in September 2013. The Government declares that, in accordance with the strategic objectives laid down in the Plan for the Nation 2013–19, the Ministry of People’s Power for Indigenous Peoples has approved 88 projects and provided 257 dwellings for a total of 1,157 beneficiaries. The Government also highlights the fact that, among other initiatives, the indigenous communities have participated in the discussion process with respect to the Organic Act concerning culture. The Committee notes the observations from the Independent Trade Union Alliance (ASI) concerning the application of the Convention, which were transmitted to the Government in August 2013. The Committee observes that the Government’s report does not cover the other matters referred to in the comments made in 2009 and 2012. The Committee therefore requests the Government to provide a report containing detailed replies to the issues raised below.

Part I of the Convention. General policy. Article 1. Identification of indigenous or tribal peoples. The Committee invites the Government to indicate in its next report the number of indigenous persons who have received the identity cards provided for in the Organic Act concerning the identification of indigenous persons. Please also include up-to-date, disaggregated statistics relating to the indigenous and tribal communities of the national population covered by the Convention.

Articles 2 and 33. Coordinated and systematic action. In its report received in August 2013, the Government referred to the strategic objectives laid down in the Plan for the Nation 2013–19 for the Ministry of People’s Power for Indigenous Peoples. The Committee invites the Government to include information in its next report enabling an evaluation of the impact of the plans and programmes of the aforementioned Ministry on establishing mechanisms, in cooperation with the indigenous and tribal peoples, for coordinated and systematic action with regard to the application of the Convention.

Coordination with other bodies. The Committee invites the Government to include information in its next report on the activities relating to the Convention undertaken by the special department at the Office of the Ombudsman with competence for the indigenous peoples, the Ministry of the Environment and Natural Resources, and the Standing Committee on Indigenous Peoples at the National Assembly, including materials which illustrate the activities undertaken.

Article 3. Human rights and fundamental freedoms. Massacre of members of the Yanomami indigenous people (municipality of Alto Orinoco, State of Amazonas). The ASI indicates that in August 2012 the Coordinating Committee for Indigenous Organizations of Amazonas (COIAM) reported another massacre of members of the Yanomami indigenous people by illegal miners originating from Brazil. The Committee requests the Government to include detailed information in its next report on the steps taken to investigate the events affecting the Yanomami communities.

Appropriate consultation and participation procedures. The Committee invites the Government to include up-to-date information in its next report enabling it to examine the manner in which the effective consultation and participation of the indigenous peoples concerned in measures and decisions which may affect them directly is ensured (Articles 6, 7, 15 and 16).

Part II. Land. Articles 13 and 14. The ASI indicates in the observations transmitted to the Government in August 2013 that there are delays in land demarcation, despite some activity by the National Demarcation Committee and the regional committees. The ASI refers to the COIAM pronouncement of 11 August 2012, which recognizes the efforts of the Regional Demarcation Committee of the State of Amazonas to start examining pending demarcation requests from indigenous peoples in accordance with a schedule approved by the President of the Republic. Nevertheless, COIAM has expressed concern at the way approval of technical reports is going ahead, with pressure on the indigenous peoples and communities and no effective consultation of them, and without any account taken of the proposals from various indigenous peoples to undertake demarcation themselves, resulting in an arbitrary reduction of the self-demarcated area and disputes among the indigenous peoples themselves. The Committee requests the Government once again to include detailed information in its next report on:

• (i) the manner in which indigenous representation is ensured in the demarcation procedures;
• (ii) the lands which are potentially subject to demarcation, disaggregated according to each federative entity inhabited by indigenous communities;
• (iii) the lands for which demarcation is in progress or completed by December 2013; and
• (iv) the manner in which the land disputes referred to by the ASI and COIAM in the observations of August 2013 have been resolved.

Article 15. Natural resources. The ASI refers to disputes over mining licences and the construction of mining infrastructure, citing two cases in the State of Bolívar: the eviction in 2011 of members of the Pemón indigenous people from a mine where they were operating; and mercury contamination in El Caura affecting the Yekuana and Sanema communities. The Committee requests the Government to include information in its next report on the manner in which the application of the Convention is ensured in disputes relating to the exploration and exploitation of natural resources on indigenous lands in the State of Bolívar. The Committee again invites the Government to include detailed information in its report on the manner in which the provisions of the Organic Act concerning indigenous peoples and communities have been applied throughout the country with respect to prior consultation of the indigenous communities concerned, environmental and socio-cultural impact studies, payment of compensation and receipt of benefits by the aforementioned communities.

Article 16. Relocation. Situation of the Yukpa communities. The ASI refers to various situations involving the displacement of indigenous communities, particularly the Yukpa community of Sierra de Perijá (State of Zulia), whose displacement stems from situations arising in their ancestral habitats which are obliging them to flee to the cities. The Committee invites the Government to include up-to-date information in its next report on the manner in which the application of the Convention is ensured in the case of the Yukpa communities. The Committee requests the Government to include the up-to-date information required in the report form in relation to Articles 16, 17 and 18 of the Convention.

Part III. Conditions of employment. Article 20. The Committee again requests the Government to supply practical information on the situation of workers belonging to the indigenous peoples, including statistical information relating to the sectors in which they work. Please also specify the measures taken to ensure adequate labour inspection in areas inhabited by indigenous and tribal peoples.

Part IV. Vocational training. Articles 21 and 22. In the report received in August 2013, the Government refers to a “diploma in community development” course at the Bolivarian University of Venezuela (BV), in which members of the indigenous communities of Monagas and Anzoátegui have participated. The ASI points out that in November 2011 the Indigenous University of Venezuela received official recognition. The Committee invites the Government to include up-to-date information in its next report on special training programmes and methods which have been made available to indigenous peoples with their participation.

Part VII. Contacts and cooperation across borders. The Committee invites the Government once again to include information in its next report on international agreements adopted to facilitate contact among indigenous and tribal peoples across borders, indicating whether such agreements have made it possible to shed light on, and avoid the recurrence of, situations such as those referred to in the present observation relating to the Yanomami communities.

[The Government is asked to reply in detail to the present comments in 2014.]

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Communication from the International Organisation of Employers (IOE). The Committee notes that the IOE has submitted comments in August 2012 on the application in law and practice of Articles 6, 7, 15 and 16 of the Convention concerning the requirement of consultation. In this regard, the IOE raises the following issues: the identification of representative institutions, the definition of indigenous territory and the lack of consensus of indigenous and tribal peoples, and the importance for the Committee to be aware of the consequences of the issue in relation to legal security, financial costs and certainty of both public and private investment. The IOE refers to the difficulties, costs and negative impact that the failure by States to comply with the obligation of consultation can have on the projects undertaken by both public and private enterprises. Among other effects, the IOE observed that the erroneous application and interpretation of the requirement of prior consultation can be a legal obstacle and lead to business difficulties, harm the reputation of enterprises and result in financial costs. The IOE also states that the difficulties to comply with the obligation of consultation may have an impact on the projects that enterprises may wish to carry out with a view to creating a conducive environment for economic and social development, the creation of decent and productive work and the sustainable development of society as a whole. The Committee notes the reply received from the Government in November 2012 concerning the lack of consultation with indigenous communities. The Government recalls the various measures adopted for the recognition of a pluri-cultural and multi-ethnic Republic in the context of the National Constitution, which has been in force since March 2000, and to give effect to the Basic Act on indigenous peoples and communities, enacted in December 2005. The Office of the Ombudsman, the Standing Commission for Indigenous Peoples and the People’s Ministries for Indigenous Peoples and for the Environment work together. The Government adds that the state policy is implemented with the active leading and participation of indigenous peoples. The national Constitution entrusts responsibility to the executive authorities, with the participation of indigenous peoples, for the demarcation of their lands and to guarantee their right of collective ownership. Indigenous peoples elect three deputies to the National Assembly in accordance with the Electoral Act, in conformity with their traditions and customs. In its observation and direct request in 2009, the Committee noted the progress made by certain of these measures and requested the Government to provide further information on the application of the Convention. The Committee invites the Government, when preparing the report that is due in 2013, to communicate with the representative organizations of employers and workers and to consult the organizations of indigenous peoples in the country, through their traditional institutions, concerning the measures adopted to give effect to the Convention (Parts VII and VIII of the report form). The Committee hopes that in 2013 the Government will provide a report containing replies to the specific points raised in 2009 and on the results achieved by the measures adopted to give effect to each of the provisions of the Convention.

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Article 1 of the Convention. Identification of indigenous or tribal peoples. In its previous comments, the Committee noted that the Regulations issued under the Organic Act concerning the identification of indigenous persons refer explicitly to the right of individual and collective self-identification (section 2 of the Regulations), and asked the Government to ensure that the identity document for indigenous persons is based on self-identification of the persons concerned and to supply information on this matter. The Committee notes that, according to the report, in 2004 a national plan for the issue of identity cards (“Mission: identity”) was adopted with the purpose of guaranteeing the right to identity for sections of the population affected by exclusion and a lack of legal protection. It is the first time in the history of the country that a plan of this kind has been conceived for indigenous persons. The report indicates that indigenous persons currently have identification documents designed specifically for them, including information on their respective indigenous communities, their names and their languages, if they so wish. The Committee would be grateful if the Government would indicate whether self-identification was respected in the process of issuing identity cards and also indicate the number of indigenous persons who received the identity cards and the estimated number who have yet to be issued them. Furthermore, in order to have a clearer idea of the peoples covered by the Convention in the country, the Committee requests the Government to supply information on the total number of indigenous persons at national level.

Articles 2 and 33. Coordinated and systematic action. Bodies implementing the Convention. Ministry of People’s Power for Indigenous Peoples. The Committee notes that the Ministry of People’s Power for Indigenous Peoples was created by means of Decree No. 5103, published in the Special Official Gazette No. 5836, of 8 January 2007. According to the report, this Ministry is the body which directs government policy for promoting and protecting fundamental indigenous rights. In its previous comments, the Committee noted that the body responsible for indigenous matters was the National Directorate for Indigenous Peoples. The Committee requests the Government to indicate whether the National Directorate for Indigenous Peoples still exists and, if so, to supply information on the relationship between the Directorate and the new Ministry and their respective powers. The Committee also requests the Government to supply information on the plans and programmes of the Ministry and the application in practice of those plans and programmes, and to supply materials which illustrate the activities undertaken, for example copies of publications, records of meetings, plans and programmes, etc.

Coordination with other bodies. The Committee notes that the Ministry of People’s Power for Indigenous Peoples is coordinating its work with other bodies which are also involved in the development of indigenous policies. These bodies include the Office of the Ombudsperson, which has a special department with national competence for indigenous peoples; the Ministry of the Environment and Natural Resources, which has a Committee on the Demarcation of the Habitat and Lands of Indigenous Peoples and Communities; and the National Assembly, which has a Standing Committee on Indigenous Peoples. The Committee requests the Government to supply information on the practical activities of these institutions, in accordance with the provisions of the Convention, attaching materials which illustrate the activities undertaken.

National Institute for Indigenous Peoples. In its previous comments, the Committee referred to the National Institute for Indigenous Peoples established by the 2005 Organic Act on indigenous peoples and communities. The Committee notes that this Institute will be attached to the Ministry of Peoples’ Power for Indigenous Peoples. According to the report, since the Ministry has been set up recently, not all of its mechanisms are operating yet. The Committee requests the Government to supply information on the operational status of the Institute, its coordination with the abovementioned Ministry and its specific activities.

Implementing bodies and indigenous participation.  In its previous comments, the Committee recalled that Articles 2 and 33 of the Convention require the participation of indigenous peoples in the formulation of a coordinated and systematic policy in matters concerning them and requested information on such participation in practice. The Committee notes that the Government has not supplied the requested information in this respect. The Committee again requests the Government to supply information on the following:

(i)    the way in which it is ensured that indigenous peoples participate in the abovementioned bodies with regard to the adoption of policies and programmes concerning them, in accordance with Articles 2 and 33 of the Convention;

(ii)   the way in which indigenous peoples’ representation in such bodies is ensured for the purposes of participation; and

(iii) the way in which it is guaranteed that those participating are truly representative according to the terms of the Convention.

Furthermore, with reference to its general observation of 2008 concerning the Convention, the Committee requests the Government to supply detailed information on the issues raised by the Committee in the last paragraph of that observation, namely:

(i)    measures and mechanisms envisaged in Articles 2 and 33 of the Convention;

(ii)   mechanisms for participation in the formulation of development plans;

(iii) inclusion of the requirement of prior consultation in legislation relating to the exploration and exploitation of natural resources;

(iv)  systematic consultation pursuant to Article 6 of the Convention; and

(v)   consultation mechanisms that take into account the different visions of governments and indigenous peoples concerning the procedures to be followed.

Application of the Organic Act on indigenous peoples and communities. In its previous comments, the Committee noted the legislation on indigenous issues adopted by the Bolivarian Republic of Venezuela, particularly the Organic Act on indigenous peoples and communities approved in December 2005. The Committee notes that the Government has not supplied the requested information relating to the said legislation and repeats its request for information on the application in practice of the Organic Act with regard to the issues relating to the provisions of the Convention.

Articles 13 and 14. Lands. The Committee notes that, according to the report, the process of demarcation in relation to lands traditionally occupied by indigenous peoples is taking place. The demarcation procedure is being carried out jointly by the indigenous peoples and the Ministry of People’s Power for the Environment, which presides over the National Demarcation Committee comprising representatives of the following Ministries: External Relations; Energy and Mining; Home Affairs and Justice; Education, Culture and Sport; Defence; Production and Trade; and the Geographical Institute. Indigenous representation is to be found in the eight states where the following communities are located: Anzoátegui, Apure, Amazonas, Delta Amacuro, Monagas, Sucre, Bolívar and Zulia. The peoples belong to three linguistic families: Arawak, Caribe and Chibcha. Furthermore, consideration is being given to recognition of the original ancestral rights of the Ayoman in the state of Falcón. The report indicates that once the demarcation and legalization of lands has been carried out, the lands are inalienable, imprescriptible, non-seizable and non-transferable. The Committee requests the Government to provide information on the following:

(i) the manner in which indigenous representation is ensured in the demarcation procedures;

(ii) the lands which are potentially subject to demarcation; and

(iii) the lands which are in the process of demarcation or have been demarcated up to the date of presentation of the next report, including information regarding the Yukpa communities.

Article 20. Labour. The Committee notes the legislative information supplied by the Government on the labour rights of indigenous peoples. The Committee again requests the Government to supply practical information on the situation of workers belonging to indigenous peoples, including if possible statistics regarding the sectors in which they work.

Articles 21 and 22. Vocational training. The Committee requests the Government to supply information on special training programmes and methods which have been made available to indigenous peoples with their participation.

Pending issues. Articles 15, 16 and 32 of the Convention. In paragraphs 9, 10 and 11 of its previous direct request, the Committee requested the Government to supply information on the mechanisms established in the legislation pursuant to Article 16(1) of the Convention in relation to removal and relocation in cases of natural disaster and the construction of hydraulic and/or hydro-electric work, which are the two scenarios in which the Government stated that removal and relocation would be possible. The Committee also requested information on the application in practice of sections 54, 55, 57 and 58 of the Organic Act on indigenous peoples and communities concerning the prior consultation of the indigenous communities concerned, environmental and socio-cultural studies, payment of compensation and the receipt of benefits by the said communities. The Committee further requested information on the conclusion of any agreements with Brazil which might have an impact on the indigenous peoples living on both sides of the border. The Committee again requests the Government to supply this information.

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Education and means of communication. Indigenous Languages Act. The Committee notes with interest the Indigenous Languages Act, which came into force on the date of its publication in the Official Gazette No. 38981 of 28 July 2008. The purpose of the Act is to regulate, promote and reinforce the use, revival, preservation, defence and development of indigenous languages, a means of communication and cultural expression to which indigenous peoples and communities are entitled, the National Institute for Indigenous Languages being set up as the implementing body. It notes in particular that under section 17 of the Act, in order to be president or vice-president of the National Institute for Indigenous Languages, it is necessary to: (1) be indigenous; (2) speak the language of the indigenous people concerned; (3) be trained and have professional and academic experience in the use, research, development and dissemination of indigenous languages; and (4) be nominated by an indigenous people, community or organization. The Committee notes that, under section 28 of the Act, indigenous peoples and communities have the right to participate in the formulation, planning and implementation of public policies relating to indigenous languages and that other sections of the Act also establish the right to participation. Noting that the final transitional provision of the Act establishes that the Institute will begin to operate no later than one year following the entry into force of the Act, the Committee requests the Government to supply information on the functioning of the Institute and on the application of the Act in practice, particularly the manner in which section 17 is applied and the manner in which participation provided for in the other sections of the Act is undertaken.

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

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1. The Committee notes with interest the legislation on indigenous matters adopted by the Bolivarian Republic of Venezuela, and particularly the Organic Act on Indigenous Peoples and Communities, approved in December 2005, which will contribute to improving the application of the Convention. The Committee requests the Government to provide information on the application in practice of the Organic Act and of other legislation respecting indigenous matters.

2. Article 1 of the Convention. Identification as indigenous or tribal. The Committee notes that the Regulations issued under the Organic Act respecting the identification of indigenous persons refer explicitly to the right of individual and collective self-identification (section 2 of the Regulations). The Committee, noting that the United Nations Committee for the Elimination of Racial Discrimination has invited the Government to ensure that the identity document for indigenous persons is based on self-identification by the individual concerned (CERD/C/VEN/CO/18, paragraph 15), requests the Government to provide information on this issue, with particular reference to the application of section 2 of the Regulations in practice. The Committee once again hopes that the Government will provide a copy of the indigenous census if it contains information on the living and working conditions of the indigenous peoples in the country.

3. Articles 2, 6 and 33. Consultation and coordinated and systematic policy. The Committee notes that under the present constitutional provisions, an inter-cultural approach and full and active participation are basic principles, alongside self-management and co-management, in the dialogue between society and the State. The Committee further observes that, as indicated by the Government in its report, the main objective of the State’s indigenous policy is to contribute to the process of the self-determination of indigenous peoples so that they can decide upon their present and future. In particular, the General Directorate of Indigenous Affairs is responsible for formulating the national policy in relation to the development of strategies for the participation of members of indigenous peoples in decision-making in the context of public administration. In this respect, the Committee recalls that Articles 2 and 33 of the Convention require the participation of indigenous peoples in the formulation of the coordinated and systematic policy on matters that affect them. The Committee, therefore, requests the Government to provide information on the measures taken or envisaged by the General Directorate of Indigenous Affairs to secure the participation of indigenous peoples in the formulation of public policies on indigenous matters. It also invites the Government to provide information on the composition of the General Directorate of Indigenous Affairs and to clarify the relationship between that body and the National Institute for Indigenous Peoples established by the Organic Act on Indigenous Peoples and Communities in 2005.

4. The Committee notes that the functions of the above Institute include advising the leading body on indigenous policy in the country on the formulation of public policies in relation to indigenous matters. The Committee notes that the President and Vice-President of the Executive Board of the Institute will be appointed by the President of the Republic upon the proposal of the indigenous peoples, with the other members being nominated by the President of the Institute. Nevertheless, the Committee recalls that, in accordance with Article 6 of the Convention, the participation and consultation of indigenous peoples shall take place through their representative institutions. The Committee notes that in its previous report, the Government indicated that the participation of indigenous peoples had been ensured in the formulation of the Organic Act on Indigenous Peoples and Communities. Despite its previous request for information on the manner in which this participation had been carried out, the Committee notes that it has not been provided with information on this subject. The Committee requests information on the manner in which the participation of indigenous peoples is guaranteed in the Institute and their real level of representation. The Committee also requests the Government to keep it informed of its composition and activities. The Committee requests the Government to adopt the necessary measures to ensure that indigenous peoples are consulted through appropriate procedures and their own representative institutions in relation to each legislative or administrative measure that may affect them, and it requests the Government to keep it informed in this respect. The Committee also hopes that the Government will adopt the necessary measures to ensure that indigenous peoples participate in the adoption of decisions by the bodies responsible for policies and programmes which concern them, in accordance with Articles 2 and 33 of the Convention, and that it will keep the Committee informed in this respect.

5. Article 3. Enjoyment of human rights. The Committee notes with interest that the National Office of the Special Attorney for Indigenous Peoples is responsible for promoting the defence and monitoring of the rights and constitutional guarantees which assist indigenous peoples. It also supervises compliance with the human rights established in treaties, Conventions and international agreements to which the Bolivarian Republic of Venezuela is party. The Committee once again requests the Government to provide information on the activities of the National Office of the Special Attorney and to provide copies of the materials produced by the Office, including reports and publications.

6. Article 20. Labour. The Committee notes that, according to the Government, the judicial system in the Bolivarian Republic of Venezuela protects all citizens from any form of racial discrimination which may be encountered in relation to work. Nevertheless, the Government does not refer to any special measures that have been taken to ensure the effective protection of indigenous workers with regard to recruitment and conditions of employment “to the extent that they are not effectively protected by laws applicable to workers in general”. As it did in its previous direct request, the Committee recalls that experience from many countries has shown that these peoples are often especially vulnerable to abuse in the field of labour. The Committee requests the Government to provide information on the situation of workers from indigenous populations, including statistical data.

7. Articles 21 and 22. Vocational training. The Committee notes from the Government’s report that indigenous populations can count on their human rights being guaranteed and on participation in a multi-cultural context. While noting these aspects, the Committee trusts that the Government will provide information on the measures adopted to ensure that indigenous peoples have access to training on at least an equal footing with the rest of the national community. The Committee also trusts that the Government will provide information on the special training programmes and facilities that are made available to indigenous peoples with the participation of such peoples.

8. Articles 13 and 14. Land. The Committee notes with interest the land demarcation procedure envisaged by the Organic Act for Indigenous Peoples and Communities, which will be undertaken with the participation of the legitimate authorities of indigenous peoples and with reference to the ancestral and traditional knowledge provided by indigenous elders on the occupation of the habitat and of lands, in accordance with section 33 of the Organic Act.  In this respect, the Committee recalls that Articles 13 and 14 of the Convention have to be interpreted in the light of Article 2(1) of the Convention regarding coordinated and systematic State action. The Committee also recalls that, with regard to the effect given to these provisions in practice, Articles 13 and 14 have to be read in conjunction with Article 6 respecting the consultation procedures with the peoples concerned. The Committee requests the Government to keep it informed on the status of the demarcation procedure, and particularly on the manner in which the indigenous peoples concerned participate in it.

9. Article 16. Removal and relocation. The Committee notes that, according to the Government, indigenous peoples may be relocated from the lands that they occupy in cases of natural disasters and the construction of hydraulic and/or hydroelectric works. Under the terms of Article 16(2), “Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.” The Committee further recalls that, under paragraph 3 of the same Article, whenever possible, the indigenous peoples concerned “shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist”. The Committee requests the Government to provide information on the manner in which the national legislation provides for appropriate procedures in which indigenous peoples can be effectively represented, and on cases in which relocations have occurred and the procedure that was applied. It also requests information on the measures adopted in such cases to relocate and compensate the indigenous peoples concerned, in accordance with paragraph 5 of this Article. .

10. Article 15. Natural resources. The Committee notes with interest the new provisions on the exploitation of natural resources which have been included in the Organic Act for Indigenous Peoples and Communities (sections 53–59). The Committee would be grateful if the Government would provide information on the manner in which effect has been given to these provisions in practice, with practical examples, particularly concerning the prior consultation of the indigenous communities concerned, environmental and socio-cultural impact studies, the payment of compensation and the participation of the above communities in the benefits, as envisaged in sections 54, 55, 58 and 57 of the above Act.

11. Article 32. Contacts and cooperation across borders. The Committee notes the existence of joint operations between Brazil and the Bolivarian Republic of Venezuela to prevent the exploitation of illegal mines on indigenous lands. The Committee would be grateful if the Government would provide information on the implementation of these initiatives, with particular reference to the conclusion of any agreements with Brazil which might affect indigenous peoples living on both sides of the border.

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1. The Committee refers to its observation and to the extensive legislative activity that has taken place since shortly before the Convention’s ratification. It hopes the Government will begin in its next report to communicate more information on the Convention’s application in practice. It is requesting a second detailed report on the Convention, meaning that information should be provided on the practical implementation of each provision. It would draw particular attention to the following questions.

2. Article 1 of the Convention. Identification. The Committee notes the extract provided from the Indigenous Census of 2001. If the census contains more information on the living and working conditions of the indigenous peoples of the country, the Committee would appreciate receiving a copy.

3. Articles 2 and 6. Participation. The Committee notes the statement that indigenous peoples will henceforth participate actively in the design, planning and execution of development projects affecting them. The Government indicates that this is one of the major objectives of the General Directorate of Indigenous Affairs of the Ministry of Education and Sports. It requests the Government to provide information on how this is to be done in practical terms.

4. Article 3. Enjoyment of human rights. The Committee notes the creation of the Special Defender for Indigenous Peoples. It requests the Government to provide information in its next report on the work of this office.

5. Article 6. Legislative drafting. The Committee notes with interest that, when the report was communicated in September 2004, the draft Basic Law on indigenous peoples and communities was undergoing its second discussion, with the participation for the first time of indigenous peoples. Please describe how this participation was ensured and provide a copy of the new legislation once adopted.

6. Article 7. Coordination of activities. The Committee notes from the report that presently different bodies are carrying out programmes in indigenous communities that duplicate efforts and spending, and that these efforts will henceforth be coordinated. Please provide information on how this is being done.

7. Article 20. Labour. The Committee notes from the report that equal protection is provided under national labour legislation to all citizens. The Committee recalls that experience has shown in many countries that these peoples are especially vulnerable to abuse in the labour field, whatever the legislation may be, and that it requires special measures for their protection "to the extent that they are not effectively protected by laws applicable to workers in general." (Article 20, paragraph 1). Please provide further information on the practical situation in relation to this provision.

8. Other matters. The points raised above represent some aspects of the information the Committee is asking the Government to provide in a detailed report on the implementation in practice of the Convention, taking into account the detailed legislative measures that have been taken or are under consideration.

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1. The Committee notes with interest the Government’s first report on the application of this Convention. It notes in particular the significant amount of legislative and policy changes under way before and after the Convention’s ratification, much of which appears designed to implement the Convention’s provisions.

2. Legislative measures. The Committee notes in particular that the Constitution of 1999 proclaimed Venezuela a multi-ethnic and multicultural society, recognized indigenous languages, and recognized the existence of indigenous peoples and communities, inter alia. A certain number of the Convention’s requirements are guaranteed directly in the Constitution.

3. The Committee also notes that a number of laws have been adopted since 2001 which contribute to the Convention’s implementation, such as the Act on demarcation and guarantee of the habitat and lands of the indigenous peoples (12 January 2001), Decree No. 2686 of 11 November 2003 for the identification of indigenous peoples, and Decree No. 1795 of 27 May 2002 making the use of indigenous languages obligatory in educational institutions in indigenous regions. This list is far from exhaustive and a number of other laws or decrees have been adopted in the last three years.

4. In addition, the Committee notes that the draft Basic Law on indigenous peoples and communities, has been approved in first discussion in the National Assembly. The Committee has not received a copy of the draft.

5. While the Government has submitted a detailed report on the contents of its legislation and on the design of many programmes, it does not for most part include any information on the practical application of this legislation. It states in several cases that the legislation is undergoing regulation or that the practical arrangements for its implementation have not been concluded.

6. The Committee therefore hopes the Government will begin to provide information in its next report on the practical implementation of this extensive body of legislation, and of the Convention itself. The Committee notes that the intentions expressed in the legislation are broadly in accord with the thrust of the Convention, but that the Committee will only be able to assess the Convention’s implementation in fact when it has available information on the ways in which the new laws are being implemented in practice.

7. Consultation of indigenous representatives. The Committee notes the participatory spirit of the legislation and of the intentions expressed on most subjects through the report. In this spirit it draws attention to Part VIII of the report form adopted by the Governing Body, in which it is suggested that governments consult indigenous organizations in drawing up their reports on the Convention’s implementation. It hopes the Government will indicate whether it envisages adopting this procedure which is a recommendation and not a requirement.

[The Government is requested to report in detail in 2006.]