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WORLD RAINFOREST MOVEMENT
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4 July 1996 URGENT ACTION
VENEZUELA : AMAZONIAN INDIANS REQUEST SUPPORT
Imposed legislation, dividing the Amazon State in Venezuela into
electoral municipalities, is undermining indigenous peoples'
control of their lands and destinies. The law creating the
electoral divisions is considered unconstitutional and is being
contested by the indigenous peoples in the courts. However, while
the courts have delayed hearing the case, the local government
has gone ahead with the dismemberment of the area. The indigenous
peoples are calling for international support to urge the courts
to consider the case as soon as possible.
The 19 indigenous peoples of the Venezuelan Amazon, represented
by the 'Organizacion Regional de Pueblos Indigenas de Amazonas'
(ORPIA) and supported by the Human Rights Office of the Catholic
Church in Puerto Ayacucho, have been demanding that the law
creating the political divisions of the Amazon State in Venezuela
be declared null and void by the Supreme Court, since February
1995.
For eight months the Supreme Court of Justice took no action over
the case and it was only after concerted pressure from the
Indians that in November 1995, the court finally declared the
case one requiring an urgent hearing. Yet still the Court has not
declared its judgement.
Background:
Until recently the Venezuelan Amazon was administered as a
Federal Territory and run by Governors appointed from Caracas.
More recently, as part of a nation-wide programme of
decentralization, the Terrirory has been declared a State, opened
to local electoral politics and steps have been undertaken to
divide the State up into new administrative units.
However, the 'Ley de Division Politico Territorial del Estado
Amazonas' was pushed through by the local Government without
consultations with the indigenous peoples. Under the law the new
State of Amazonas has been divided up into 'municipios', each
with elected 'alcaldes' (mayors), and each in turn divided into
a number of 'paroquias' with their respective elected heads.
These areas and institutions do not correspond with traditional
indigenous systems for decision-making. Moreover, they overlap
indigenous territories to which the Indians have not yet gained
titles in accordance with Venezuelan law.
Despite indigenous objections and the filing of a case contesting
the legality of the law, the local government has gone ahead with
applying the new structure and forced through elections. Already
the imposed system is causing problems. Party politics has been
introduced into the communities causing divisions. New
clientelistic relations have been established throughout the
territory. Dominant communities and ethnic groups have
strengthened their authority over smaller and politically
marginal ones. The introduction of salaried office holders into
the villages has hastened the emergence of an indigenous elite
and accelerated the trend towards individualist profit seeking.
As the boundaries of the new 'municipios' and 'paroquias' do not
conform to indigenous ethnic boundaries, new internal divisions
and factionalism has been created. Most serious, the new
'municipios' have begun a process of expropriating untitled
indigenous lands for municipal use.
The Indians have argued that the law dividing up the State is
unconstitutional - article 77 of the constitution allows for
exceptional administrative regimes in indigenous areas to
accomodate their cultural differences. They also note that the
law is contrary to established procedures, as the towns about
which the new 'municipios' are being created are far too small
to qualify.
The Indians demand that instead their land rights are first
properly recognised and that subsequently consultations take
place to devise an adminstrative regime that suits their cultures
and coincides with their customary systems of decision-making.
Road stopped:
This is the second court case that ORPIA has fought contesting
Government initiatives in the State of Amazonas. Earlier this
year, ORPIA successfully challenged the local Government's
attempts to build a road from the State capital Puerto Ayacucho
south to San Fernando de Atabapo. The Indians objected to the
road on the grounds that they had not been consulted about it.
They argued that as their land rights had not been secured, the
road would open the way for colonisation and cause land invasion,
deforestation, health problems and loss of cultural autonomy.
They also argued that the road had been pushed through without
the legally required Environment Impact Assessment being carried
out. The court ruled in their favour and ordered that road
construction be halted.
Action:
You are kindly requested to send faxes or letters either in
Spanish or your own language:
- expressing concern for the situation in the Venezuelan
State of Amazonas as a result of the imposed territorial
division
- asking the Supreme Court of Justice to declare null and
void the Ley de Division Politico Terrirorial del Estado
Amazonas as requested by the indigenous peoples on 2
February 1995.
Send the faxes or letters to:
1) Dra. Cecilia Sosa
Presidenta de la Corte Suprema de Justicia
Av. Baralt, San Jose de Avila
Caracas, Venezuela
2) Dr. Alfredo Ducharme
Magistrado Ponente
Corte Suprema de Justicia
Av. Baralt, San Jose del Avila
Caracas, Venezuela
Fax number for both: 00 58 2 563 8113
Send copies to:
Oficina de Derechos Humanos ORPIA
Vicariato Apostolico Sector Los Lirios
Puerto Ayacucho Puerto Ayacuhco
Estado Amazonas Estado Amazonas
Venezuela Venezuela
Fax: 00 58 48 211 545
For further information: Forest Peoples Programme, 8 Chapel Row,
Chadlington, OX7 3NA, England. Tel: 00 44 1608 676691 Fax: 0044
1608 676743 Email: wrm@gn.apc.org
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