---------- Forwarded message ----------
Date: Sun, 30 Nov 1997 13:08:36 +0900 (JST)
From: James Albert <albert at nms.ac.jp>
To: nia-net at inpa.gov.br
Subject: [nia-net] BIOD: Venezuelan Indigenous Appeal
Venezuelan Amazon Indigenous Peoples Appeal for Support
OVERVIEW, SOURCE & COMMENTARY
The Legislative Assembly of State of Amazonas in Venezuela is posed for
imminent approval of a new law for the political division of the State.
The proposed law threatens to violates the rights of the indigenous peoples
to political participation and fails to recognize that they constitute more
than half the total population of the State. Indigenous groups are
appealing for international support to persuade the national legislature
and judiciary to uphold their rights. They request that faxes or letters
be sent immediately to addresses given below, in support of their concerns.
Although the NIA as an organization should perhaps be prudent in asserting
its scientific authority in the sociopolitical arena, individual members
are encouraged to lend their personal voice to the debate. It is important
to note that previous fax and letter writing campaigns have had an
influence on course of the debate. The following, translated from the
Spanish, is an appeal sent out by the Regional Organization of the
Indigenous Peoples of the Amazon (ORPIA) and the Human Rights Office in
Puerto Ayacucho. JSA
RELAYED TEXT STARTS HERE:
Title: Venezuelan Amazon: Indigenous Peoples Appeal for Support
Source: World Rainforest Movement
Status: Distribute freely with accreditation to source
Date: November 17, 1997
Background:
In 1995, the 19 indigenous peoples of the Venezuelan Amazon, through
the Regional Organisation of the Indigenous Peoples of the Amazon
(ORPIA) and other indigenous organizations, filed an appeal before the
Supreme Court of Justice for the declaration as null and void the Law
for the Political Division of the Territory of the State of Amazonas,
on the grounds that it violated the indigenous peoples' constitutional
and legal rights. In December of 1996, the Supreme Court found in
favour of the indigenous peoples, annulled the law and ordered the
Legislative Assembly to draft a new law which guaranteed the right of
the indigenous peoples and communities of Amazonas to political
participation. In February 1997, the indigenous peoples held their own
Congress to discuss the Political Division of the Territory and passed
their proposals to the Legislative Assembly.
Since the Court's judgement, the Legislative Assembly has used various
means to evade the requirements of the Court and in November 1997 has
given initial approval after a first reading to a draft law that does
not take into account the indigenous peoples' proposals, that again
violates their right to political participation and that fails to
recognise the rights of the indigenous peoples who make up more than
half the total population of the State.
The Indigenous Proposal:
The indigenous organisations have elaborated a draft law on the basis
of detailed discussions with the different ethnic groups and
communities, which proposes the establishment of 8 Municipalities in
which their rights to political participation will be respected and
which guarantees the application of the system of exception ('regimen
de excepcion') set out in Article 77 of the Constituton. The draft
asserts the principles of participation by the communities in local
affairs, decentralization of resources and respect for the territories
occupied by the indigenous peoples. In the same way, the draft
proposes a special system for the functioning of the municipal
government in the Yanomami area.
Recommended Action:
Please send faxes or urgent letters in Spanish or your own language:
- Expressing concern for the fact that the Legislative Assembly of the
State of Amazonas has not taken into accont the indigenous peoples'
proposals for the political division of the territory of the State.
- Asking that the rights of the indigenous peoples are respected in
the new law for the Political Division of the Territory of the State
of Amazonas in accordance with the instruction of the Supreme Court of
Justice.
- Urging that the Legislative Assembly considers approving the
proposals presented in the draft law for the Political Division of the
Territory of the State of Amazonas made by the indigenous peoples and
communities.
Send them to:
1. Dip. Humberto Raidan
President y demas miembros de la
Asamblea Legislative del Estado Amazonas
Av. Aguerrevere, Puerto Ayacucho,
Estado Amazonas, Venezuela.
Telefax: + 58 48 212 455 or + 58 48 213 855
2. Sr. Bernabe Gutierrez Parra
Gobernador del Estado Amazonas
Av, Rio Negro, Puerto Ayacucho,
Estado Amazonas, Venezuela.
Fax: + 58 48 210 371
3. Dr. Alfredo Ducharme
Magistrado Ponente
Corte Suprema de Justicia
Av. Baralt, San Jose del Avila,
Caracas, Venezuela
Fax: + 58 2 562 8113
Please send copies to:
Luis Bello and Guillermo Guevara
Oficina de Derechos Humanos/ ORPIA
c/o Vicariato Apostolico
Puerto Ayacucho, Estado Amazonas,
Venezuela
Fax: + 58 48 211 545
.................
Additional background information from the Forest Peoples Programme:
The Law imposing the division of the Amazon State into 'municipios',
each with an elected mayor, and each in turn divided into a number of
'parroquias' with their respective elected heads was passed in
December 1993. Despite indigenous appeals not to apply the law and
their taking the case to the Supreme Court, the imposed structure
accompanied by lavish budgets was established in 1995. The
institutional arrangements do not correspond with indigenous
traditional systems for decision-making and their imposition on the
State has created a number of very serious problems which have
severely disrupted the life of the indigenous peoples of the State.
Notable problems include:
1. Many of the indigenous people, particularly women and remote
groups, lack identity cards and have, thereby, been disenfranchised.
2. Accusations of vote rigging and the intimidation of candidates
and voters are rife.
3. Party politics has been introduced into the communities
causing divisions.
4. Clientelistic relations have been established and reinforced
throughout the territory.
5. Urban domination of rural communities has been reinforced.
6. Dominant communities and ethnic groups have secured their
authority over smaller and politically marginal ones. In particular,
'criollos' have come to dominate indigenous peoples.
7. The provisions of generous salaries, benefits and positions of
power for office holders has hastened the emergence of an indigenous
elite and accelerated the trend towards individualist profit seeking.
8. Indigenous leaders who have joined the political parties to
gain office as mayors have been corrupted. Currently one indigenous
mayor is in hiding as he and his staff face charges of serious
embezzlement and financial mismanagement.
8. The boundaries of the 'municipios' and 'parroquias' do not
conform to indigenous polities or ethnic boundaries. This has led to
further divisions.
9. Concern has been raised that the new mayors will authorise the
redefinition of lands as 'ejidos municipales' creating further
obstacles to the titling of indigenous lands.
The indigenous proposals would redefine the boundaries and
administrative centres of the 'municipios' and 'parroquias' to accord
more closely with indigenous realities, make voting procedures for
electing leaders much more transparent, and ensure that the elected
leaders were subject to much greater scrutiny and control by other
community representatives. These proposals are being resisted by State
politicians, most of whom are non- indigenous, as they will lessen
their influence in indigenous areas and weaken their control of the
electorates.
For more information contact:
Forest Peoples Programme, 1c Fosseway Business Centre, Stratford Road,
Moreton-in-Marsh, GL56 9NQ, England. Tel:01608 652893 Fax: +44 1608 652878
email:wrm at gn.apc.org
__________________________________________________________
Forest Peoples Programme / World Rainforest Movement (UK Office)
1c Fosseway Business Center, Stratford Road, Moreton in Marsh, GL56
9NQ, UK Tel: 44 (0)i608 652893 Fax: 44 (0) 1608 652878 Email:
wrm at gn.apc.org
The World Rainforest Movement's International Secretariat is at:
Casilla de Correo 1539, Montevideo, Uruguay. Tel: 598 2 496192 Fax: 598 2
419222 Email: rcarrere at chasque.apc.org
###RELAYED TEXT ENDS###
This document is for general distribution. All efforts are made to
provide accurate, timely pieces; though ultimate responsibility for
verifying all information rests with the reader. Check out our Gaia
Forest Conservation Archives at URL= http://forests.org/
James Albert
Nippon Medical School