Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

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.]