Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre pueblos indígenas y tribales, 1989 (núm. 169) - Venezuela (República Bolivariana de) (Ratificación : 2002)

The Committee notes the joint observations of the Confederation of Workers of Venezuela (CTV), the National Union of Workers of Venezuela (UNETE), the General Confederation of Workers (CGT), the Confederation of Autonomous Trade Unions (CODESA), the United Federation of Workers of Venezuela (CUTV) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 31 August 2024.

Articles 2 and 33 of the Convention. Coordinated and systematic action. With reference to its previous comment, the Committee notes the information provided by the Government in its report on the strengthening of the “People’s Indigenous Power”. In particular, the Committee notes that:

• in 2023, the Ministry of the People’s Power for Indigenous Peoples established 139 certified indigenous communal councils distributed in nine states, 460 communal councils were in the process of being certified and there were a total of 126 adaptations in Amazonas state. The Government indicates that indigenous communal councils have been accepted as another form of participation by indigenous communities in public policies, in addition to their traditional organizations, which has enabled the communities to take on roles that were within the domain of the public administration and to participate in the assessment, planning and approval of resources, and in controls for the achievement of local community development;
• in 2022, the Plan for Good Indigenous Government and its Challenges 2023–30 was adopted, resulting from preparatory assemblies at the community, municipal, state and national levels, which is due to serve as a basis for the development of specific action agendas and maps of solutions, based on the local conditions of each community and indigenous people;
• native peoples may present collective claims for their communities to the Ministry of the People’s Power for Indigenous Peoples, which refers and follows up all requests with the competent bodies.

The Committee requests the Government to: (1) ensure the participation of indigenous peoples in the development of the action coordinated by the Ministry of the People’s Power for Indigenous Peoples, and provide examples of such action; (2) provide information on the participation of indigenous peoples in the development, implementation and evaluation of action agendas and maps of solutions within the framework of the Plan for Good Indigenous Government and on the manner in which coordination is ensured between the central Government and the states, and between the Government institutions concerned; and (3) provide examples of the action promoted and taken at the local level by indigenous communal councils to protect the rights of indigenous peoples and ensure respect for their integrity.

Articles 6 and 7. Consultation and participation. The Committee notes the Government’s indication that the Ministry of the People’s Power for Indigenous Peoples is supporting the consultation process undertaken by the Ministry of the People’s Power for Planning on the establishment of a motor district between the indigenous communities in the parishes of Codazzi in the municipality of Pedro Camejo (Apure state), Parhueña in the municipality of Atures (Amazonas state) and Pijiguao in the municipality of Cedeo (Bolivar state). The Committee also notes the Government’s indication that, commencing with the process of the election of deputies to the National Constituent Assembly in 2017, a methodology has been developed that guarantees that indigenous deputies and legislators are elected only by indigenous peoples and communities and not by the whole electorate. The Government explains that the Constitutional Chamber of the Supreme Court of Justice ordered the National Electoral Council (CNE) to initiate a new legislative process on the form and procedures for the election of indigenous deputies (Ruling No. 0068, of 5 June 2020). The CNE therefore issued the Special Regulations on the election of indigenous representatives to the National Assembly (Decision No. 200630-0024, of 30 June 2020) which, according to the Government, has made it possible to partially remedy the election process of the three indigenous deputies to the National Assembly by establishing a direct consultation mechanism for indigenous communities adapted to their own decision-making procedures.

The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its concluding observations in 2024, expressed concern at: reports that legislative or administrative measures that may affect the effective exercise of the rights of indigenous peoples have been adopted without adequate consultation; and extractive projects and activities affecting the lands, territories and resources of indigenous peoples are carried out without respect for their right to prior consultation and without any social or environmental impact studies being carried out (CERD/C/VEN/CO/22-24, of 18 September 2024). Similarly, the Committee notes the concerns expressed by the United Nations Human Rights Committee at the lack of free, prior and informed consultation of indigenous peoples on the adoption and implementation of policies relating to extractive industries, such as oil drilling and mining activities, and environmental conservation (CCPR/C/VEN/CO/5, of 28 November 2023). The Committee notes that the Government informed the CERD that a protocol is being drawn up on the free, prior and informed consultation of indigenous peoples.

The Committee recalls that the Convention establishes the requirement for the State to consult indigenous peoples whenever consideration is being given to legislative administrative measures which may affect them directly, and particularly before undertaking or permitting any programmes for the exploration or exploitation of resources pertaining to their lands. The consultations have to be formal and full and be undertaken in good faith, and there needs to be genuine dialogue between governments and indigenous peoples characterized by communication and understanding, mutual respect, good faith and the sincere will to reach agreement. The Committee also recalls that indigenous peoples must fully enjoy their political rights without obstacles or discrimination.

The Committee urges the Government to develop an appropriate procedure for the consultation of indigenous peoples whenever legislative or administrative measures are envisaged which may affect them directly, in accordance with the requirements of the Convention, in consultation with these peoples and with their participation, and it requests information on any progress achieved in drawing up a protocol on the free, prior and informed consultation of indigenous peoples. The Committee requests the Government to provide information on: (1) the consultation processes supported by the Ministry of the People’s Power for Indigenous Peoples, the methodology adopted and the agreements concluded, also with an indication of the manner in which the indigenous peoples concerned participated in the design of these procedures; and (2) the measures taken to ensure that indigenous peoples can fully exercise their political rights, without discrimination or obstacles, including in relation to participation in the National Assembly and on the mechanism for the direct consultation of indigenous communities for the election of deputies to the Assembly.

Article 3. Human rights. The Committee refers to its previous observation, in which it expressed deep concern at information relating to the situation of insecurity affecting various indigenous peoples in the country. The Committee notes with regret the absence of information in the Government’s report on this subject.

The Committee notes that, in their joint observations, the CTV, UNETE, CGT, CODESA, CUTV and FAPUV indicate that: (1) the indigenous population is in a state of poverty and the violation of its rights; (2) the communication by representatives of indigenous communities with State bodies is completely ineffective, as their claims are not heeded or responded to; (3) indigenous peoples in the states of Bolívar, Amazonas and Delta Amacuro are being stalked by criminal groups with a view to achieving the mass displacement of indigenous persons to other countries, as is the case of the Waraos in the state of Delta Amacuro, and the Government has not taken any measures to prevent it. They also refer to: (1) the murder and systematic persecution of members of indigenous peoples, such as the Pemón people in south Orinoco, Bolívar state, the Yukpa people of the Perijá sierra, Zulia state, and the Yanomami people in Amazonas state; and (2) Government action involving force and increasing coercion against indigenous peoples in the state of Bolívar, and particularly the Pemón people, which is constantly subject to aggression and harassment by the military. They provide information on specific cases of arbitrary detention, forced displacement, attacks and murders of indigenous leaders and defenders.

The Committee notes that the United Nations High Commissioner for Human Rights, in his report of June 2024 on the situation of human rights in the Bolivarian Republic of Venezuela, indicated that mining activities, the presence of armed and criminal groups and the related violence have contributed to furthering the displacement of indigenous communities, and referred to reports of the displacement to Colombia of at least 6,000 Jivi, Uwottüja, Yekuana, Sanemá, Yeral and Yanomami over the past five years, fleeing confrontation between non-State armed groups, which has contributed in turn to the erosion of indigenous practices, while weakening their systems of self-governance and right to self-determination (A/HRC/56/63).

The Committee further notes that the CERD, in its concluding observations of 2024, expressed concern at allegations of acts of violence, threats and attempts against the life of leaders and defenders of the rights of indigenous peoples and Afro-descendent persons, and at the arbitrary use of criminal procedures to persecute defenders of the rights of indigenous peoples and their lands. The CERD also expressed concern at allegations of the excessive use of force, arbitrary detentions, torture and cruel, inhuman or degrading treatment, and due process violations against members of indigenous peoples, and particularly acts committed against members of the Yukpa indigenous people, and at the lack of transparency, diligence and intercultural relevance of investigations into acts committed against indigenous peoples (CERD/C/VEN/CO/22-24). The Committee also notes that the United Nations Human Rights Committee expressed concern at: (1) the persistence of situations of forced internal displacement, particularly in border states and mining areas, and especially among indigenous and rural communities; and (2) the continuation of criminal activities in indigenous territories, including by armed criminal groups, involving violence and threats against indigenous peoples (CCPR/C/VEN/CO/5).

The Committee expresses deep concern at the persistent situation of insecurity and violence affecting indigenous peoples, their leaders and defenders. The Committee strongly urges the Government to take the necessary measures to:

• protect the life and safety of indigenous peoples, their representatives, leaders and defenders; ensure the full and effective exercise of their human rights; and investigate and punish the instigators and/or perpetrators of any acts of violence, intimidation and persecution;
• prevent and bring an end to disputes arising out of illegal activities, including mining expansion, and safeguard the persons, institutions and rights of the peoples concerned, with the participation of those peoples.

The Committee also once again requests information on the investigations carried out on the complaints lodged in relation to the acts of the Pemón Territorial Guard and on the manner in which respect is ensured for the human rights of members of the Ikaburú community, to which it referred in previous comments.

Articles 3 and 25. Shortage of food and medicine. In reply to the Committee’s previous comments, the Government recalls that the country is affected by 930 unilateral coercive measures which have made the economic, social and cultural conditions of Venezuelan society more acute, resulting in the shortage of food and medicine and difficulties in purchasing essential goods. The Government indicates that, with a view to mitigating the effects and consequences of these measures, it has taken the following action: the creation and development of social production units for food production in indigenous areas; projects designed to achieve food self-sufficiency and the promotion of traditional medicine, medical and care days, vaccination, the identification and testing for pathologies, support and assistance for indigenous patients, and the direct provision of food modules and the establishment of food houses, among other measures.

The Committee notes that the CTV, UNETE, CGT, CODESA, CUTV and FAPUV, in their observations, refer to the lack of infrastructure, professional personnel, inputs and medicines. They indicate, for example, that in the state of Amazonas, in the municipality of Autana, only three outpatient primary healthcare centres are in operation of the 12 that exist in the area, and that in the municipality of Alto Orinoco, none of the 21 health establishments are operating. They emphasize that the indigenous population has a life expectancy at birth of up to 40 years lower than the national average and that they die of diseases that can be prevented by vaccination and which are treatable, such as diarrhoea, malnutrition, intestinal parasites, anaemia, birth complications, viral hepatitis, tuberculosis and malaria. The Committee also notes that the CTV, UNETE, CGT, CODESA, CUTV and FAPUV point to a lack of information on the impact of the various measures referred to by the Government in its report. They emphasize that isolated and circumstantial deliveries of food are enumerated which, although when combined with the action of non-governmental humanitarian organizations, address specific situations at a particular time, do not offer proof of a State policy to find a structural solution to the inequity in access to food suffered by indigenous peoples in the country. They add that traditional agricultural activities and fishing have been affected by water contamination by the mercury used in mining, which exposes the population to the consumption of toxic food.

While noting the measures taken by the Government, the Committee urges the Government to examine and address in a coordinated and systematic manner the situation of the shortage of food and medicine in indigenous communities, with the participation of indigenous peoples, and to provide information on the measures adopted and their impact.

Article 14. Land demarcation and titling. With reference to the progress made in land demarcation and titling, the Committee notes the Government’s reiterated indication that since 2005 and up to the present 102 titles of collective ownership of indigenous lands and habitat have been granted to 683 communities, belonging to 15 indigenous peoples, which appears to indicate that there has been no progress in the demarcation and titling of indigenous lands since 2018. The Committee notes that, according to the CTV, UNETE, CGT, CODESA, CUTV and FAPUV, there is resistance to the rights of indigenous peoples in important areas of the Government, including the military.

The Committee also notes that the CERD refers in its concluding observations of 2024 to: (1) the slowness of processes for demarcating and titling indigenous lands and the fact that these processes have been at a standstill since 2016, partly because the regional demarcation commissions and the national commission are not functioning properly; and (2) the fact that the failure to demarcate and title indigenous lands has often been a contributory factor in attacks and illegal invasions by non-indigenous persons giving rise to serious conflicts and violence over access to land and natural resources (CERD/C/VEN/CO/22-24).

The Committee requests the Government to take immediate measures to proceed with the demarcation and titling of the lands of indigenous peoples, with the participation of the peoples and communities concerned, ensuring the effective protection of their rights, including measures to prevent any intrusion and unauthorized use of the lands, and to provide information in this regard, including on the measures adopted within the framework of the Sectoral Plan for Indigenous Peoples.

Article 15. Natural resources. Arco Minero del Orinoco. With reference to the Committee’s request for 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, the Government reaffirms that it is guaranteeing eco-socialist conservation, the uses and customs of the indigenous peoples in the Arco Minero del Orinoco National Strategic Development Area and that it respects the prior and informed consultation of the indigenous peoples and communities in the area. In this regard, the Government provides a chronological list of the consultations held since 2017, which have included, among others: meetings with small-scale miners; meetings and assemblies in which the representatives of indigenous peoples made proposals to the National Government for the protection of their rights, the protection of the environment and the clarification of the status of the territories affected by mining, and to raise productivity in the Arco Minero del Orinoco; and the conclusion of 200 strategic alliances with small-scale miners. The Government adds that, as a result of the development of mining in authorized areas, benefits have been increased for the communities, such as their care and social protection, and incentives are provided for their participation in the work of the projects carried out on their lands. While noting this information, the Committee observes that the meetings referred to do not appear to meet the requirements of the Convention. The Committee recalls that the form and content of the consultation procedures and mechanisms have to guarantee the full expression, with sufficient notice and on the basis of a complete understanding of the issues raised, of the views of the peoples affected so that they can have an influence on the outcome and reach agreement, and so that the consultations are held in a manner that is acceptable to all the parties. If these requirements are met, consultations can be an instrument of genuine dialogue and social cohesion and play a decisive role in the prevention and resolution of disputes.

In this regard, the Committee notes that the CTV, UNETE, CGT, CODESA, CUTV and FAPUV indicate that Decree No. 2248, of 24 February 2016, on the Arco Minero del Orinoco Strategic Development Area, was adopted without consulting the indigenous communities affected and allocates 12 million hectares of indigenous lands for mining, and that the mining is destroying and contaminating rivers, the soil and indigenous lands with mercury and cyanide, and that there are multiple violations of the rights of the communities affected. The unions emphasize that the proliferation of legal and illegal mining is negatively affecting the lives of indigenous peoples in the Amazon area, who are being abducted and displaced, and is facilitating child labour and exploitation, prostitution, sexual exploitation and the trafficking of women, children and young persons. They observe that, between 2019 and 2021, the surface area affected by mining increased by 294 per cent. They emphasize that this situation has resulted in the displacement of indigenous persons towards mining camps to seek income for their survival, has changed the dynamic of communities, fragmenting their governance structures due to internal divisions in relation to mining, and has affected their production capacity. Moreover, the communities are exposed to poisoning by mercury originating from the mines, which is resulting in many types of illness, including genetic diseases. They add that in the Parima Tapirapecó National Park, a Yanomami territory in Alto Orinoco, illegal Brazilian miners (garimpeiros) are continuing their mining activities without the Bolivarian National Guard or any other official State force making efforts to prevent them.

The Committee also notes that the independent international fact-finding mission on the Bolivarian Republic of Venezuela, set up by the United Nations Human Rights Council, published detailed conclusions in 2022 on the human rights situation in the Arco Minero del Orinoco region and other areas of Bolivar state, and particularly, among other matters, on: the militarization of indigenous territories as a State strategy in response to the growing control by armed criminal groups of the mining sector; the creation of indigenous security groups to resist illegal mining and due to the lack of response by the authorities to the abuses of power and human rights violations by State security forces; threats and attacks against indigenous leaders and women leaders who have prevented the passage of contraband or access to mines in their territory; as well as threats and attacks by State actors against indigenous leaders who have opposed the armed presence of the State in indigenous territories. The Mission observed that acts of violence for the control of mines located in indigenous territories often involve criminal gangs or “syndicates”, with invasions by illegal miners under their control or protection. However, it also documented cases of violent attacks by State agents with the objective of gaining control of indigenous territories (A/HRC/51/CRP/2).

The Committee further notes that the CERD, in its concluding observations of 2024, also refers to allegations of sexual violence against indigenous women and girls, as well as trafficking for their economic and sexual exploitation, particularly in mining areas in the states of Amazonas, Bolívar and Zulia, where non-State armed and criminal organizations are operating.

The Committee deplores this information and strongly urges the Government to take the necessary measures on an urgent basis, in consultation with the indigenous peoples concerned, in order to: guarantee the full exercise of the rights to their lands and the natural resources pertaining to them, including the right to be consulted before undertaking or permitting any programmes for the exploration or exploitation of the resources pertaining to their lands; prevent and punish any intrusion or unauthorized use of these lands; protect and conserve the environment in the lands that they inhabit; and prevent any forced displacement. The Committee urges the Government to ensure immediately that the armed forces and/or other authorities do not engage in aggression or harassment against indigenous peoples in the region. The Committee also requests the Government to provide information on the measures adopted to evaluate, in cooperation with the peoples concerned, the social, spiritual, cultural and environmental impact that mining activities have on these peoples, the manner in which the findings of these studies have been considered as fundamental criteria for the implementation of the respective activities, the agreements reached; and the participation by the peoples affected in the benefits of such activities and the compensation received for any damages sustained as a result of these activities.

The Committee further requests the Government to take the necessary measures to prevent and respond to the particular vulnerability of children and women in the context of illegal activities and forced displacement, and to identify the labour and sexual exploitation practices of which they may be victims and provide them with adequate protection, in consultation with the communities affected.

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

[The Government is asked to reply in full to the present comments in 2025 . ]