A/HRC/44/54
According to their relatives, people in the area were afraid of speaking out about the
disappearances. Family members in search of the disappeared denounced lack of support
from authorities, including investigative agencies, in their search for truth and justice.
53.
Violence also originates from disputes over the control of mines. Based on open
source analysis, OHCHR identified 16 such violent incidents between March 2016 and
March 2020, in which 140 men and 9 women reportedly died in or around mines within
Arco Minero del Orinoco. Most victims were miners or members of criminal groups. The
perpetrators were allegedly members of other criminal groups or armed groups. In eight
such incidents, members of State security forces participating in security operations in the
area were reportedly involved in some of the killings. OHCHR requested that the
Government provide information about these incidents, but it has not received a reply in
relation to them.
54.
These high levels of violence occur despite a significant military presence in Arco
Minero del Orinoco and surrounding municipalities. The Arco Minero del Orinoco decree
mandates the National Bolivarian Armed Forces to protect and maintain the activities of the
strategic industries in the area. The National Bolivarian Armed Forces has over 25
checkpoints along the highway that runs through Bolívar State from north to south,
connecting the various mining towns. Military authorities informed OHCHR about the
security challenges they face, mainly as a result of the penetration of criminal groups in
mining areas. They also reported on the Government’s efforts to regularize mining and
neutralize criminal groups through the creation of a special brigade for the protection of and
security in Arco Minero del Orinoco, and the adoption of a special security plan for Bolívar
State in 2020. Authorities reported a consequent reduction in homicide rates in Bolívar
State, from 76 homicides per 100,000 inhabitants in 2016 to 36 per 100,000 in 2019. 42
55.
In June 2018, the Government launched an operation called “Metal Hands” to
combat gold trafficking. According to the Office of the Attorney General, as a result of the
operation, 426 bank accounts were blocked, 29 properties seized, 22 individuals accused
and 11 charged. Two of those individuals were deprived of their liberty. The Government
reported on efforts to combat forced prostitution and human trafficking in Arco Minero del
Orinoco since 2016, including the prosecution of 12 individuals. 43
A.
Collective rights of indigenous peoples
56.
The Arco Minero del Orinoco decree affects the traditional territories of 16
indigenous groups, who mainly live in 197 communities within the area. 44 Moreover,
indigenous peoples and various experts have consistently emphasized that the impact of
mining on the rights of indigenous peoples extends far beyond the delineated Arco Minero
del Orinoco region, including owing to mining taking place throughout the surrounding
area.
57.
Mining has a differentiated impact on indigenous peoples and the enjoyment of their
individual and collective rights, mainly as a result of environmental damage and of the
presence and actions of armed actors. Consequences include the loss of control of
traditional territories and natural resources, and they affect the right to self-determination.45
Interviewees also stressed a link with the lack of demarcation of indigenous territories
based on the understanding that they would have more control over their territory if they
had official title to it.46
42
43
44
45
46
Information provided by the Government of the Bolivarian Republic of Venezuela to OHCHR on 2
June 2020.
Ibid.
Ibid.
United Nations Declaration on the Rights of Indigenous Peoples, arts. 26 and 32; Constitution of the
Bolivarian Republic of Venezuela, arts. 119–120; ILO Indigenous and Tribal Peoples Convention,
1989 (No. 169), arts. 10, 14–15 and 18; Organic Law on indigenous peoples and communities of 2005,
art. 19.
United Nations Declaration on the Rights of Indigenous Peoples, art. 26; ILO Indigenous and Tribal
Peoples Convention, 1989 (No. 169), art. 14 (2) (3); Constitution of the Bolivarian Republic of
Venezuela, art. 119; Law on demarcation and guarantee of the habitats and lands of indigenous
11
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