COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS STARTS CONSIDERATION OF REPORT PRESENTED BY VENEZUELA

CESCR
25th session
24 April 2001
Morning



Delegation Says Indigenous People Enjoy Equal Rights



The Committee on Economic, Social and Cultural Rights this morning started its consideration of a second periodic report submitted by Venezuela by hearing a Government delegation say that indigenous people in the country enjoyed their economic, social and cultural rights which were guaranteed by Venezuela’s Constitution.

Introducing his country's report, Francisco Duran, Vice-Minister of Health and Social Development, said that Venezuela had redefined its Constitution, which was approved on 15 December 1999 in a referendum, and it now contained provisions which guaranteed safeguards for citizens. It also served as an instrument for promoting and protecting human rights of Venezuelan citizens. The Constitution guaranteed the economic, social and cultural rights of the indigenous people and their right to organize themselves.

Committee members queried the delegation on a number of issues pertaining to the rights of indigenous people; the rights of women; the status of refugees; and the impact of the anti-poverty campaign, among other things.

The delegation of Venezuela was also composed of Maryann Hanson, Vice-Minister for Education and Culture; Werner Corrales, Permanent Representative of Venezuela to the United Nations Office at Geneva; Victor Rodriguez Cedeno, Deputy Permanent Representative; Betty Josefina Torres Diaz, Assistant at the Ministry of Labour; German Saltron, Director-General of the office of the People's Defender; Hillys Lopez de Penso, Deputy Director-General for Finance; Madai Hermandez Alvarez, Counsellor at the Permanent Mission; and Gonzalez Villaparedes, Second Secretary at the Venezuelan Mission at Geneva.


Venezuela is among the 144 States parties to the International Covenant on Economic, Social and Cultural Rights and as such it must present periodic reports summarizing the efforts made with the view to implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Venezuela.


Report of Venezuela

The second periodic report of Venezuela (document E/1990/6/Add.19) enumerates the administrative and legilstive measures taken by the State on an article-by-article basis. It says that in Venezuela, elections are held every five years to choose the President of the Republic and the members of the two Chambers of the National Congress. The country has undertaken to carry out, and had effectively carried out, its obligations to defend, respect and ensure respect for its self-determination and to recognize and respect the sovereignty and integrity of other States.

The report recalls that the social and economic policies applied by Venezuelan Governments since the restoration of the democratic system of government on 23 January 1958 have been directed towards the progressive attainment of the general well-being of the population without discrimination of any kind. Venezuela is a country of immigration. Foreigners who are legally resident in the territory of the Republic have the same rights and obligations as Venezuelans, with the limitations and exceptions established by the Constitution and by legislation.

Further, the report notes that the country is facing a macroeconomic situation characterized by still high inflation rates, growing unemployment and new threats of currency devaluation. All this has repercussions on the national food picture. There were persistent deficits of vitamin A and calcium. One of the problems which the country faces in order to achieve food security is the fragile access of consumers to food, which has to do with the relationship between the family income and the level of princes, which establishes buying power.

Venezuela has an infant mortality rate of 27.4 per 1,000 live births, a figure which is lower than that established as tolerable by UNICEF, the report says. The immunization and nutritional supplement programmes are effective in reducing the infant mortality rate. The main causes of death among children under one year of age are diseases originating in the perinatal period.


Presentation of Venezuelan Report

FRANCISCO DURAN, Vice-Minister of Health and Social Development of Venezuela, said his country had been cooperating with the UN system and other regional organizations. It was also actively participating in international efforts in promoting and protecting human rights around the world. Within its domestic legislation, it had incorporated provisions which defended human rights and punished those who violated them. The country's Constitution guaranteed the rights of indigenous people and their participation in the affairs concerning them.


Venezuela had redefined its Constitution, which was approved on 15 December 1999 in a referendum, and it now contained provisions which guaranteed safeguards for citizens, the Vice-Minister said. It also served as an instrument to promote and protect the human rights of Venezuelan citizens. The Constitution reflected international law in matters of human rights. It had provided for the incorporation of international treaties within the domestic legislation.

Comprehensive education was the right of all persons in Venezuela, Mr. Duran continued to say. It should easily be accessible to all citizens as a matter of principle. The principle of survival and participation had been applied in the realization of rights of adolescents and children. As a multi-cultural and multi-lingual society, Venezuela had been implementing a bilingual educational system for all. Efforts were made so as not to exclude any member of the society from social benefits. The achievement of better education had been the goal of the Government.

The annual growth of the nation was 3.3 per cent during the current year, the Vice-Minister said. The annual rate of unemployment had also decreased in the course of 2000.


Discussion

Following the introduction of the report by the delegation, an Expert asked about the impact of the implementation of the provisions of the Covenant 23 years ago. The delegation said that the impact was clear in the economic and social areas where improvements had been witnessed.

Responding to written questions prepared by the Committee in advance, the delegation said that since 1992 there had not been a national census and the demographic composition of the population was an old figure. The next census would be launched in 2002. The indigenous population had been estimated to be 490,000 persons belonging to 28 main indigenous communities.

An Expert asked how the indigenous people were participating in the programmes and projects which were designed by the Government, and if the authorities encouraged the indigenous people to create their own mechanisms in establishing their own organizations.

Another Expert requested information on the legal situation for the indigenous population, including the provisions of the Constitution concerning the rights of the indigenous population. An Expert said that intruders into the indigenous lands had introduced environmental hazards, including gold-mining, and asked if the opinions of the indigenous people were consulted in matters concerning them, most particularly the use of their land by others. Another Expert asked about the impact of the Presidential decree on land ownership by the indigenous people. Land distribution was unequal in most Latin American countries; what was the situation in Venezuela? Had there been any agrarian reform which had affected the indigenous people?

In response to the questions, the delegation said that there was a commission on indigenous affairs which dealt with indigenous issues. The agrarian reform had been aimed at improving the situation of indigenous people. In addition, efforts were made to improve the health situation of the population, including the eradication of malaria which had affected rural areas where most indigenous people lived.


The policy concerning mining was applied in a way that did not affect the forest, the delegation said. The indigenous people were consulted while land was leased to mining companies. Land ownership by indigenous people was collective and the agrarian reform did not affect that status.

Indigenous rights were respected by the State authorities, and any person violating indigenous rights was subjected to punishment, the delegation said. Indigenous people were subjected to the State law and they were not completely autonomous within the State. The Yanomami indigenous people who lived in the remote Amazonian region received protection and had rights similar to the other communities.

The Venezuelan Constitution guaranteed the economic, social and cultural rights of the population, as well as other rights such as civil and political rights, the delegation said.

In questions addressed to the delegation, an Expert asked if there was a national commission on human rights in accordance with the Paris Agreement on the establishment of national institutions on human rights. Did the State believe that the economic and social policies affected the anti-poverty strategy?

What was the degree of independence of the Ombudsman from the Government and particularly from the President of the Republic, asked another Expert. What was the power of the Ombudsman in defending the human rights of citizens?

Responding to the questions raised by the Committee Experts, the delegation said that the members of the Ombudsman’s office were elected freely and they acted independently in their work. That body was similar to a commission on human rights and its members defended the people in all fields of rights.

The Venezuelan Government was deploying efforts to fight hunger and to fulfil its obligations in respecting the right to food, the delegation said. Many rights reflected in the Covenant were part of the Government's actions in its efforts to realize programmes in food and nutrition. There was a national council on food which carried out programmes for food. In addition, there were programmes which were aimed at setting up nutritional centres for people. The Ministry of Health was also creating mother-and-child feeding centres. Food containing from 25 to 70 kilo calories was also provided to school students.

The Venezuelan Constitution guaranteed the rights of opportunities and equality between men and women, the delegation said. However, the traditional attitude of the society had been a factor in hampering the full implementation of the rights of women and gender equality.

An Expert asked if there was reliable statistical data on domestic violence; the legal framework against domestic violence; the specific court powers pertaining to domestic violence; and if the society provided shelter for victims of domestic violence.

What was the specific position of Venezuela on the protection of refugees and its policy in granting asylum, an Expert asked. Since Venezuela had not ratified the 1951 Refugee Convention, things might be complicated in hosting a number of asylum-seekers arriving in the country. Since
the end of January, for example, there were Colombian refugees whose status was not yet defined. Those refugees could face danger if they were expelled to Colombia. Did those persons enjoy any rights under regional agreements concerning refugees?

In response, the delegation said that the Venezuelan Government had been taking measures to define standards for hosting refugees. So far, the United Nations High Commissioner for Refugees (UNHCR) was taking care of refugees who happened to be in the territory of Venezuela. A certain number of measures had been taken to assist the refugees and asylum status had been granted. No refugee was refouled to his country of origin. The situation of Colombian refugees was not different from others: they were treated equitably and were assisted to stay in the country. Many of the Colombians arriving in Venezuela were victims of violence going on in their country.

A national action plan for women had been launched by the national women's institution which dealt with the implementation of the rights of women, the delegation said. The campaign against domestic violence had also been carried out by the Government. Additional measures were undertaken to shelter and provided anti-trauma programmes to female victims of family violence. When the conciliation process failed, the matter of the violence could be referred to the procurator general.


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