***********************************************

WORLDWIDE FOREST/BIODIVERSITY CAMPAIGN NEWS

Venezuela: Amazonian Indians Request Support

***********************************************

Forest Networking a Project of Ecological Enterprises

7/9/96

OVERVIEW & SOURCE by EE

The World Rainforest Movement reports on new legislation in Venezuela which

would undermine indigenous control of traditional land in the Amazon. New

municipal government structures threaten to undermine local indigenous

communities and efforts to demarcate their lands. This item was posted in

econet's rainfor.general conference. Requests are made for letters.

g.b.

*******************************

RELAYED TEXT STARTS HERE:

/** rainfor.genera: 152.0 **/

** Topic: No Subject Given **

** Written 12:16 AM Jul 6, 1996 by gn:wrm in cdp:rainfor.genera **

From: Forest Peoples Programme <wrm>

______________________________________________________________

WORLD RAINFOREST MOVEMENT

_____________________________________________________________

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

_______________________________________________________________

###RELAYED TEXT ENDS###

You are encouraged to utilize this information for personal campaign use;

including writing letters, organizing campaigns and forwarding. 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.lic.wisc.edu/forests/gaia.html

Networked by:

Ecological Enterprises

Email (best way to contact)-> gbarry@forests.org