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DEMARCACIÓN Dear Friends, On this day, Amazonian indigenous organizations discussed and signed a document with a Collective Statement on the recently published Presidential Decree restructure and reorganize the National Commission for Demarcation of Indigenous Lands and Habitat, from the jurisdiction of the Ministry of Environment to the Ministry of Indigenous Peoples.
is a very interesting paper that demonstrates the autocratic way as passed, the lack of participation and information and lack of legal basis for making those changes that will further hinder the demarcation process. It concludes by asking the national executive to review the decree and to suspend its effects to seek consensus among the country's indigenous peoples. There will be a mobilization to Caracas with representatives of all organizations on Monday, March 21 and are making efforts to coordinate with organizations around the country and the CONIVE.
is a small contribution, but could not stay silent in the face of this blow to the demarcation process. The idea is to achieve for the installation of the new National Commission on Demarcation arbitrarily appointed by the Minister for Indigenous Peoples and to seek a concerted way with all people and organizations in the country. We spread between allies of the indigenous cause.
STATEMENT OF THE AMAZONAS STATE INDIGENOUS on the Adoption of Presidential Decree No. 7855 of 26.11.1910, Official Gazette No. 39,624, to restructure and reorganize the National Demarcation Commission and Habitat Indigenous Land
On the day of March 15, 2011, we, indigenous peoples and communities of the Venezuelan Amazon, represented by the Regional Organization of Indigenous Peoples of Amazonas (ORPIA), the Bolivarian Indigenous Confederation Amazon (COIBA) Indigenous Organization of the United Piaroa Sipapo (OIPUS), the High Ventuari Ye'kuana (KUYUNU), the Indigenous Organization of Parucito Yabarana Medium (OIYAPAM), the Indigenous Organization Jivi Kalievirrinae (OPIJKA), the Commission of the Organization Yanomami ( HORONAMI), the Indigenous Women of Amazonas (OMID), the Organization of Indigenous Communities Sector Huôttuja Parhuaza (OCIUSPA) Piaroa Teachers Association (Madoya Huarijja) Yekuana Cultural Organization of La Esmeralda (CAPSY) and the Movement Multiethnic United People's Political Amazon (PUAMA), in full exercise of our rights (Declaration Rights of Indigenous Peoples of the UN, Convention No. 169 of the International Labour Organization), Section 119 of the Constitution of the Bolivarian Republic of Venezuela, Article 7 of the Organic Law of Indigenous Peoples and Communities), meeting Puerto Ayacucho, Amazonas State, in order to review and discuss the new Presidential Decree No. 7855 dated November 26, 2010, published in Official Gazette No. 39,624, which promotes the restructuring and reorganization of the National Commission for Demarcation of Lands and Habitat
Indigenous created by Presidential Decree No. 1392 dated August 3 2001, we made the following observations by way of announcement:
1 .- We recognize the legal and regulatory developments relating to indigenous rights in the context of this evolution has been achieved, and National Executive will support the just demands and guarantee indigenous lands in Venezuela, expressed in the pledge agreement signed by the current President of the Republic, Hugo Chávez Frías, as of March 20, 1998, entitled "A Commitment to History "which expresses the determination to support the historical claims of indigenous peoples. Similarly, we aware that this process has allowed progress as important as the adoption of Convention No. 169 of the ILO, the Law for Demarcation and Guarantee of Habitat and Indigenous Land (2001), and the procedure for demarcation under the Organic Law of Peoples and Indigenous Communities (2005).
2 .- We express concern over the lack of prior consultation and participation of the people, indigenous communities and their organizations in the Adoption of the new presidential decree to restructure and reorganize the National Commission for Demarcation of Habitat and Indigenous Lands, dated November 26, 2010. The approval of this Act and its subsequent publication in the Official Gazette on February 25, 2011 (three months after its approval), was unknown by the vast majority of peoples and indigenous organizations in Venezuela, and was not subject to a consultation process and citizen participation, as established by the Constitution of the Bolivarian Republic of Venezuela (Art. 70) and the Organic Law of Indigenous Peoples and Communities (Art. 11).
3 .- We believe that the restructuring of the National Demarcation Commission under the new decree, which COMPETITION MOVES ON BOUNDARY Ministry of Power People for the Environment to the Ministry of Popular Power for Indigenous Peoples (Articles 2, 8 and 9) have no legal basis, since Article 4 of the Law on Demarcation of Indigenous Lands and Habitat (Instrument senior law and special law on the subject) states that "The process of demarcation of the habitat and land of indigenous peoples and communities will be conducted by the NATIONAL EXECUTIVE BODY FOR THE MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES, together with the people, communities and organizations legally constituted . "Furthermore, it is noteworthy that of the 25 competitions that the Ministry of Popular Power for the People Indians, under Article 32 of the Organic Law of Public Administration, no established direct responsibility of stewardship of the national process of demarcation, and is not under the special law regulating the matter in 2001, contradicting the competition principle laid down in Article 26 of the Act cited.
4 .- We note that the new decree, the foundation (points) ignored the importance of the fundamental objective of demarcating and guaranteeing indigenous habitats and land and comprehensive process. Similarly, we believe that the new legal instrument does not direct reference to the national process of demarcation must be done according to the provisions of PROCEDURE UNDER THE BASIC LAW OF INDIGENOUS PEOPLES (Article 33 et seq.) The new decree establishes rules that may conflict with the legally established procedure (new powers, new majorities, scattering bodies and new technical bodies, and administrative) that can create serious difficulties in moving the process forward. For example, instances of permanent legal advice and technical secretariat which are not covered in the proceedings of the organic law and would impede the process and reports that the commission should substantiate regional.
5 .- A reading of various provisions appreciate that the new decree limiting the direct participation of indigenous peoples and organizations, for example, Article 8, establishing the Executive Secretary ignored the participation of indigenous representation as envisaged in the previous Order. Similarly, the National Commission MAKE A CHANGE OF THE FIGURE OF REPRESENTATIVES OF INDIGENOUS RIGHTS IN A SIMPLE spokespersons. This is a clear restriction of indigenous rights already acquired in the context of the Committee. We also note that has changed the way decisions and a quorum of the National Commission, through a qualified majority to a majority in its decision and the quorum. These rules will further hinder the demarcation process and it will return almost ineffective.
6 .- We value greatly the establishment of the Ministry of Popular Power for Indigenous Peoples in 2007, but regret that the holder of that office has not achieved in these years to build the necessary consensus and participation to realize the implementation of indigenous rights enshrined in the Constitution and other laws (BOUNDARY). We are concerned that the Minister for Indigenous Peoples, Nicia Maldonado, has devoted years to promote division, confrontation and the discrediting of INDIGENOUS PEOPLES AND THEIR ORGANIZATIONS (lack of legitimate authority), complicating the process of demarcation in several regions of the country with her divisive attitude and outside the main indigenous claims. In this context, it seems counterproductive to the national process of demarcation is conducted by this office.
7 .- Finally ask the National Executive on the considerations made and those made by other indigenous organizations in the country, do A REVIEW OF THE NEW DECREE AND STOP ITS EFFECTS (installation of the new commission by the end of March 2011), UP TO ACHIEVE THE Consensus on the need to revitalize and restructure the National Commission on Demarcation constitutional principle of division participatory. Regional Organization of Indigenous Peoples of Amazonas (ORPIA) Indigenous Organization of the United Piaroa Sipapo (OIPUS) Organization of the High Ventuari Ye'kuana (KUYUNU) Indigenous Confederation Bolivariana de Amazonas (COIBA) Yabarana Indigenous Organization of Middle Parucito (OIYAPAM) Kalievirrinae Jivi Indigenous Organization (OPIJKA) Committee of the Organization Yanomami (HORONAMI)
Amazonian Indigenous Women Organization (OMID) Organization of Indigenous Communities Sector Huôttuja Parhuaza (OCIUSPA) Piaroa Teachers Association (Madoya Huarijja) Yekuana Cultural Organization of La Esmeralda (CAPSY) Political Movement multiethnic people of Amazonas (PUAMA) Guillermo Guevara ( Indian Constituent 1999)
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