Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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).