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
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