A/HRC/44/54 urgent access to antiretroviral drugs, in which it took over a year for courts to issue a decision on acceptance for consideration. Although considerable time had elapsed, courts had failed to take any procedural step on the admissibility or merits of the applications, including those seeking to protect collective interests (class actions). OHCHR was informed, for example, that at the time of writing of the present report, courts had not taken any step or decision concerning an application for amparo that was lodged by 307 persons living with HIV in December 2017, demanding access to antiretroviral drugs. In other cases, plaintiffs received contradicting decisions, which in practice prevent them from accessing justice since courts found their applications inadmissible, stating that it was a requirement to first file administrative actions, while the administrative instance also rejected the same applications, indicating that it was within the courts’ competence to consider such matters. 37. Lack of transparency and access to information on social and economic indicators and the allocation of public funds prevents any comprehensive assessment of the Government’s compliance with its economic and social rights obligations. In some particular circumstances, it may also constitute an obstacle for the judicial adjudication of violations of these rights. IV. Situation of human rights in the Arco Minero del Orinoco region 38. The national strategic development region Arco Minero del Orinoco was created by Decree No. 2,248 in February 2016. The zone covers an area of 111,843.70 square km, equivalent to 12 per cent of the national territory, and reaches the Amazon biome. The main objectives of the Arco Minero del Orinoco region include organizing mining activity in the states of Amazonas, Bolívar and Delta Amacuro, diversifying the resources of the State and developing its mineral resources. 31 The decree purports to establish an institutional framework to regulate the exploitation of minerals such as gold, diamonds, coltan, iron and bauxite, foreseeing that this was to be achieved through the participation of miners, small mining companies, and larger public, private and mixed companies, under the principles of defence of national sovereignty, respect for indigenous peoples, transparency and sustainability. The sectoral plan for mining 2019–2025 includes similar objectives, as does the country’s social and economic development plan known as Plan de la Patria 2019– 2025. 39. Owing to a lack of transparency on the matter, OHCHR is not able to determine to what extent the Government has managed to regularize mining activity and curb illegal mining in Arco Minero del Orinoco. The Ministry for Mining Development has not published key information of public interest, such as environmental and sociocultural impact studies, the number and names of companies with whom the Government has formed partnerships, or the number of registered miners in the Single Mining Registry. 32 Nor does the Central Bank of Venezuela publish updated information on the amount of gold and other minerals that it receives from the State-owned mining company Minerven,33 the amount of minerals that are exported, their main destination or the foreign currency that the State receives in exchange.34 40. The information available to OHCHR indicates that much of the mining activity within and beyond Arco Minero del Orinoco is controlled by organized criminal groups or armed groups. They determine who enters and leaves the area; impose rules; inflict harsh 31 32 33 34 8 Bolivarian Republic of Venezuela, Official Gazette, No. 40,855 (24 February 2016). The Single Mining Registry was established by Decree No. 2,165 to organize the activity of smallscale and artisanal mining. By its Decree No. 8,413, the Government nationalized all gold-mining activities and established that the General Mining Company of Venezuela (Minerven) was the only company authorized to process, gather and deliver gold to the Central Bank of Venezuela. The only information made public by the Central Bank of Venezuela related to gold-mining activities refers to the gold prices and the amount of gold purchased by the Bank in the domestic market from 1986 to 2018. It reports the acquisition of 9.2 tons of gold in 2018, without specifying the origin of the gold. See www.bcv.org.ve/minerales-estrategicos/oro/compras-de-oro-en-el-mercado-interno (in Spanish).

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