A/HRC/44/54 relationship with their territories.53 They reported having to mine their traditional lands for survival owing to the economic situation in the country, while they previously subsisted on a combination of hunting, fishing, agriculture, tourism, trade of artisanal products and traditional artisanal mining. The inability to freely pursue their economic, social and cultural development adversely affects their right to self-determination. 65. The Ministry for Indigenous Peoples advised OHCHR of efforts to inform and consult with indigenous peoples about potential mining activities within the Arco Minero del Orinoco region, including some 90 meetings with indigenous communities since it was established.54 While certain representatives of some indigenous groups, such as the Mapoyo, reported being satisfied with consultations, most indigenous peoples and experts reported a lack of consultation in accordance with national and international legal standards. Interviewees reported that, in particular, requisite environmental and sociocultural impact studies were not carried out.55 While OHCHR takes note of the Government’s efforts and challenges, the information available raises serious concerns as to lack of free, prior and informed consent, 56 which is a critical safeguard for all collective rights of indigenous peoples.57 V. Conclusion 66. OHCHR considers that the independence of the justice system is considerably undermined owing to the insecurity of tenure of judges and prosecutors, the lack of transparency in the process of designation, precarious working conditions and political interference, including links between members of the Supreme Court and the Government and the ruling party. This situation prevents the judiciary from exercising its key role as an independent actor in protecting human rights, and contributes to impunity and the persistence of human rights violations. 67. Victims of human rights violations experience serious obstacles in accessing justice, which also causes revictimization. OHCHR found that, in cases of violations to economic and social rights, the effectiveness of legal remedies is undermined owing to a lack of timely and adequate responses by the judiciary, coupled with the unavailability of essential official information. The absence of gender-sensitive, victim-centred processes and effective protection measures has exacerbated generalized distrust in the justice system. 68. The Office of the Attorney General has made efforts in ensuring accountability for human rights violations committed by members of security forces. However, it still needs to take significant steps to reduce the high levels of impunity for killings in the context of protest, security operations, allegations of torture and ill-treatment, and gender-based violence. 69. OHCHR found that the Government’s efforts to organize and regulate mining within Arco Minero del Orinoco have been insufficient. OHCHR documented a pattern of labour exploitation of miners, including child labour, by criminal and armed groups controlling mining activities and received reports of human trafficking and forced prostitution, which it was unable to verify. The vast majority of miners work many hours in hazardous conditions and are exposed to mercury contamination and diseases. OHCHR also documented high levels of violence and human rights violations linked to the control of and dispute over mines by organized criminal and armed groups. In some cases, security forces were reportedly involved in some of those violent incidents. Despite the sizeable presence of security and military forces within the Arco Minero del Orinoco region and the surrounding 53 54 55 56 57 Ibid., arts. 11, 12 and 25; ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), art. 13; Constitution of the Bolivarian Republic of Venezuela, art. 121. Meeting with the Ministry for Indigenous Peoples and indigenous leaders of Arco Minero del Orinoco, 28 January 2020, Bolívar. Information provided by the Government of the Bolivarian Republic of Venezuela to OHCHR on 2 June 2020. Constitution of the Bolivarian Republic of Venezuela, art. 129. ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), art. 6; United Nations Declaration on the Rights of Indigenous Peoples, art. 19; and Constitution of the Bolivarian Republic of Venezuela, art. 120. A/HRC/39/62, para. 13. 13