E/C.12/VEN/CO/3 The Committee recommends that the State party: (a) Take the necessary steps to ensure that free, prior and informed consent is obtained from indigenous peoples in relation to decisions that may affect the exercise of their economic, social and cultural rights, in particular in connection with the granting of concessions for the exploration and development of mining resources and hydrocarbons; (b) Ensure that indigenous peoples’ decisions are fully respected by all stakeholders, both governmental and private; (c) Adopt the measures needed to complete the demarcation and titling of the ancestral lands and territories of indigenous peoples in order to ensure that they are able to exercise their right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. Independence of the judiciary 10. The Committee is concerned by reports that the legally established procedure for appointing and removing judges is not applied and by the large number of judges appointed to posts on a temporary basis, who, without security of tenure, may find that their independence is significantly affected (art. 2, para. 1). The Committee recommends that the State party adopt the measures needed to guarantee that the selection and appointment of judges and magistrates is conducted in a transparent manner, with a view to ensuring that appointments are made on the basis of integrity and suitability. The Committee also recommends that the State party adopt the measures needed to guarantee the independence of the judiciary. Office of the Ombudsman 11. The Committee notes with concern that the Office of the Ombudsman has not discharged its mandate in an entirely independent manner or in accordance with the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) (art. 2, para. 1). The Committee urges the State party to take all the measures needed to ensure that the Office of the Ombudsman is in full compliance with the Paris Principles. Corruption 12. The Committee takes note of the steps taken by the State party to combat corruption, but it is concerned about the lack of specific information on the outcomes of cases that have been investigated and prosecuted and by reports suggesting the lack of independence of the bodies established to prevent and combat corruption. The Committee recommends that the State party: (a) Take the measures needed to guarantee the independence of the bodies responsible for preventing and combating corruption, in accordance with the United Nations Convention against Corruption, so that independent and impartial investigations into all cases of corruption can be undertaken and those responsible are held accountable; (b) Conduct awareness-raising initiatives targeted especially at public officials and lawmakers about the harmful effects of corruption on the full GE.15-11219 3/10

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