A/HRC/44/54
58.
Indigenous peoples reported to OHCHR that since 2018, they have experienced an
increase in violence and intimidation. The presence of military actors and organized
criminal and armed groups generally affects peace and security in their communities.47
59.
For instance, on 22 November 2019, members of a criminal group opened fire
within the community of Ikabaru, a mining area within indigenous Pemon territory in
Bolívar State. Eight people were killed, including one Pemon, one teenager and one
member of the Bolivarian National Guard. This incident occurred amid increased insecurity
in Gran Sabana in recent years, including violence related to mining. 48
60.
Indigenous peoples have also reported human rights abuses by criminal groups in
Ye’kwana and Sanema territory, within Arco Minero del Orinoco, including violence, theft
and sexual abuse of women. On 6 May 2020, one such group ambushed a group of
indigenous peoples in “La Puerta” mine, leaving one Wayuu dead and kidnapping one
Ye’kwana, who was later rescued by the military.
61.
Armed actors also practice extortion and often control essential supplies. OHCHR
received reports of indigenous peoples being required to pay for essential goods and
services, such as fuel and medicines, in gold.
62.
Environmental destruction was consistently cited among the gravest consequences
of mining, affecting the rights of indigenous peoples to conservation of the environment
and productive capacity of their territories and resources.49 One indigenous leader reported
that the mines were “destroying mother earth without any mercy”,50 and others stated that
indigenous peoples and the environment were paying the highest price for Arco Minero del
Orinoco. Affected groups reported deforestation, contamination of waterways and fauna,
and outbreaks of infectious diseases. They reported that the contamination of ecosystems
had had negative impacts on traditional diets and the rights to health and an adequate
standard of living. The Ye’kwana and Sanema peoples of the Caura River basin estimate
that within five years, the Caura River will be contaminated, and they are seriously
concerned about the future of their people.
63.
On 8 April 2020, the Government adopted a resolution allowing mining in six rivers,
with reference to the Arco Minero del Orinoco decree.51 The opening up of mining in areas
of potable water, which also function as food sources and traditional navigation routes, will
affect their rights and territories. Indigenous leaders expressed concern about the resolution,
fearing the expansion of mining and its impact on the biodiversity of the entire region,
which includes protected areas. Affected indigenous peoples and experts reported that no
consultations or environmental or sociocultural impact studies were conducted before the
adoption of the resolution.
64.
Mining affects the right to autonomy and self-government of some indigenous
peoples, such as the Pemon community.52 The expansion of non-traditional mining in their
territory has created or exacerbated divisions, and has affected their governance structures,
including as a result of conflicting opinions on mining and differing relationships with the
Government. Accounts from indigenous peoples confirm that the expansion of mining
interrupts their traditional ways of life and affects their ability to maintain a spiritual
47
48
49
50
51
52
12
peoples and communities of 2010; Organic Law on indigenous peoples and communities of 2005, art.
24. According to information provided by the Government of the Bolivarian Republic of Venezuela
to OHCHR on 2 June 2020, traditional land of three indigenous groups has been officially demarcated
in Bolívar State: Pemon (597,982.87 hectares), Mapoyo (261,493.29 hectares) and Karina (54,612.96
hectares).
United Nations Declaration on the Rights of Indigenous Peoples, art. 7.
This includes the killing of Charly Peñaloza Rivas (a member of the indigenous Pemon community)
and the injury of two others in Canaima National Park, in December 2018.
United Nations Declaration on the Rights of Indigenous Peoples, arts. 29 and 32; and the Constitution
of the Bolivarian Republic of Venezuela.
Report submitted to OHCHR by indigenous representatives.
Bolivarian Republic of Venezuela, resolution No. 0010, Official Gazette, No. 6,256 (Extraordinary)
(8 April 2020).
United Nations Declaration on the Rights of Indigenous Peoples, art. 4.
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