A/HRC/44/54
area, and efforts to address criminal activity, authorities have failed to prevent, investigate
and sanction human rights violations, abuses and crimes linked to mining.
70.
Moreover, the establishment of the Arco Minero del Orinoco region and the
expansion of mining have had considerable negative effects on the right to selfdetermination of indigenous peoples; their rights to their land, territories and resources; and
their rights to the conservation and protection of the environment and to live in peace and
security. OHCHR has serious concerns about the lack of free, prior and informed consent
on the part of indigenous lands with regard to the establishment of the Arco Minero del
Orinoco region encompassing their traditional territories.
VI. Recommendations
71.
OHCHR calls upon the Government of the Bolivarian Republic of Venezuela to:
(a)
Undertake and complete the reforms of the justice system announced by
the Government in January 2020 to guarantee its independence, impartiality,
transparency, accessibility and effectiveness;
(b)
Establish an independent, impartial and transparent mechanism to
increase the number of tenured judges and prosecutors through a transparent public
process;
(c)
Publish the legal authority and mandate of the counter-terrorism courts
and take all necessary measures to guarantee their independence, impartiality and
transparency, as well as their strict compliance with international human rights
standards;
(d)
Put an end to the trial of civilians by military tribunals, and ensure that
the jurisdiction of military tribunals is limited to military offences committed by
active members of the military;
(e)
Conduct prompt, effective, thorough, independent, impartial and
transparent investigations into allegations of human rights violations, including
deprivation of life, enforced disappearance, torture, and sexual and gender-based
violence involving members of the security forces, bring perpetrators to justice and
provide victims with adequate reparation;
(f)
Cease immediately any acts of intimidation, threats and reprisals by
members of security forces against relatives of victims of human rights violations who
seek justice;
(g)
Guarantee that lawyers’ associations recover their independence and full
autonomy by allowing free internal elections;
(h)
Guarantee the independence of the Public Defender, through the
provision of sufficient resources and training, and ensure the rights of defendants to
appoint a lawyer of their own choice;
(i)
Review the protocols and methods of the Office of the Attorney General
to provide gender-sensitive attention and support for victims of human rights
violations and their families;
(j)
Restore the capacity of the criminal unit against the violation of
fundamental rights of the Office of the Attorney General to conduct independent
forensic investigations into cases of alleged human rights violations by security forces;
(k)
Publish a comprehensive report on the investigations and criminal
proceedings of deaths that occurred in the context of protests in 2014, 2017 and 2019;
(l)
Adopt the necessary regulations and protocols to fulfil all rights and
obligations enshrined in the Organic Law on the right of women to a life free of
violence, and also adopt effective measures to assist and protect victims of all forms of
violence, including women and children;
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