The Commission has been following the situation of indigenous peoples in Venezuela, especially with regard to the process of demarcating their lands, the status of the protection of the right to prior consultation, the living conditions of the Añú and Wayúu peoples after the declaration of the state of emergency, and the notable militarization of the area near the border with Colombia.
Regarding land demarcation, civil society organizations report that until 2014, progress was being made in the process to demarcate the land, with 93 collective property land titles delivered, benefiting 545 communities representing 20,271 families and a total area of 2,951,852.66 hectares.414 However, they noted that a detailed review of the National Demarcation Process and its official results over the last 15 years show that of the number of communities surveyed, only approximately 12.4% of indigenous territory has been demarcated. Likewise, the demarcation process has not been expedited and no significant progress has been made as far as the number of hectares recognized or indigenous peoples benefited.415 The organizations indicate that despite progress with regard to policy, speeding up the processes of demarcating the land ready to be processed remains a challenge for the State,416 as does providing support to the numerous indigenous peoples and communities that have not been able to conduct these processes on their own.417
Regarding prior, free, and informed consultation, according to indigenous organizations and civil society, in recent years the State continued to plan and execute actions on indigenous territories without consulting the peoples affected and without their prior consent as required under international standards on the subject The Association of Indigenous Peoples of Venezuela (APIVEN) states that in February, the Compañía Anónima de Materiales Industriales Nacionales y Productos Estratégicos Globales (National Industrial Materials and Global Strategic Products Corporation, CAMINPEG)418was formed, and decree 2,231 gave the Armed Forces authority to carry out “everything having to do with legal activities for petroleum, gas, and general mining services without any limitation.” They stated that two weeks after these decrees were handed down, the Executive Branch announced the signing of agreements with mining companies for what has come to be known as the “Orinoco Mining Belt.” The agreements cover exploration for, certification, and extraction of gold, copper, coltan, and other minerals on indigenous territories.419 The State decided on all these actions without consulting the affected indigenous peoples beforehand and without performing the effective demarcation of their territories.420
Regarding this, the State reported the creation of the Presidential Committee on Eco-socialism and Protection of Indigenous Peoples in Mining Activities, whose objective is to “ensure the preservation of the natural and cosmological elements of indigenous peoples in the context of the development of mining projects in the country."421 It also indicated that in 2016, more than 58 consultation meetings were held with the following indigenous communities: Mapoyo, Eñepa, Huotujja, Jivi, Curripaco, Baniva, Pume, Piapoco, Sanema, Baré, Pemón, Kariña, Ye´kwana, Warao, Akawaio, and Arawako.422
In 2016, incidents of violence between soldiers and Wayúus resulting from the closure of the border crossing persisted, without any investigation into them and those responsible. Soldiers continued to mistreat members of the Añú and Wayúu peoples. During the state of emergency, the Commission for Human Rights of Zulia State (CODHEZ) conducted a survey of 100 residents of La Guajira where respondents were asked whether they had ever been threatened and/or assaulted by security officials during the state of exception; 38 people said yes, 60 said no, and 2 did not answer the question.423
Regarding indigenous jurisdiction, civil society organizations indicated that although it is recognized by the Constitution of the Bolivarian Republic of Venezuela and the Indigenous Peoples and Communities Act, it is crucial to create a special law to regulate it, precisely define its limits, and establish how general jurisdiction would articulate with indigenous jurisdiction.424 Currently, the indigenous jurisdiction hears and rules on criminal and noncriminal cases between indigenous individuals.
With regard to militarization, CODHEZ reported to the Commission that despite the withdrawal of the soldiers, their functions have been taken over by the “Strategic Comprehensive Development Regions” (REDI) and the “Comprehensive Defense Operating Zones” (ZODI), which fall under military rule and are under the FANB’s Strategic Operational Command. It stated specifically that La Guajira, formerly a military district on the border with Colombia, Zulia state, is inhabited by Añú and Wayúu peoples.425 They note that since September 2015, when the government declared a state of emergency, militarization was reinforced. They indicated that the state of emergency restricted civil and political rights, such as the inviolability of the home and private communications, freedom of movement, private or public assembly, the right to public demonstration, and economic freedom.426 They noted that the presidential decree was enacted without prior consultation with indigenous peoples’ legitimate authorities, as required by the Organic Indigenous Peoples and Communities Act427 and that despite the decree stating that a “humanitarian corridor” would be created for free movement of indigenous peoples, in practice this has not been the case.428
