Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.