Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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.