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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