Venezuela’s constitution recognizes the country as multiethnic and plurinational, meaning a political inclusion of indigenous peoples as a core part of the nation. Indigenous languages also have an official status in the country. “In a population of 32 million inhabitants, indigenous peoples constitute approximately 2.8% of the total. According to the 2011 Indigenous Census, 51 different indigenous peoples are distributed among the federal entities of Zulia, Amazonas, Bolívar, Delta Amacuro, Anzoátegui, Sucre, Apure, Nueva Esparta, Lara, Falcón and Mérida. This same census highlights the resurgence of peoples considered extinct and others from different countries in the region.” (IWGIA, 2022).

In Venezuela, IPLC territories are mainly protected as Indigenous Peoples that live in areas of pueblos y comunidades indígenas. These areas are mainly regulated by Chapter VIII of Venezuela’s Constitution (1999), the Organic Law Of Indigenous Peoples And Communities (2005), and specific legislations such as the Law on Indigenous Languages (2008) and the Law on Cultural Heritage of Indigenous Peoples and Communities (2009).

However, in spite of such a legal framework, many indigenous territories are not yet recognized by the state. They remain in the process of obtaining this recognition and the consequent legal protection, being vulnerable to invasions and grabbings in the meantime. At present, Venezuela does not count on specific regulations and/or territorial recognition for non-indigenous local communities.

Amongst the indigenous territories in Venezuela, there are 162 georeferenced territories in public databases. Of those, 84 are officially recognized by the government and 78 are in the process of obtaining recognition. The data available on these areas is retrieved from the Mapbiomas platform (https://venezuela.mapbiomas.org/en/).

Companies should abstain from engaging with any non-indigenous actors in these lands. In case non-indigenous management is detected, companies are advised to report these violations to the appropriate authorities. When sourcing from the IPLC areas of Venezuela, companies should conduct their due diligence to ensure they are commercializing with the communities that are lawfully entitled to live in these territories; otherwise, companies incur the risk of dealing with unauthorized actors that might be violating land rights in these IPLC areas.

Venezuela’s Constitution (1999)

Article 119. The State shall recognize the existence of indigenous peoples and communities, their social, political and economic organization, their cultures, customs and traditions, languages ​​and religions, as well as their habitat and original rights over the lands they ancestrally and traditionally occupy and which are necessary to develop and guarantee their ways of life. It shall be the responsibility of the National Executive, with the participation of indigenous peoples, to demarcate and guarantee the right to collective ownership of their lands, which shall be inalienable, imprescriptible, unseizable and non-transferable in accordance with the provisions of this Constitution and the law.

Article 120. The use of natural resources in indigenous habitats by the State shall be done without harming their cultural, social and economic integrity and is likewise subject to prior information and consultation with the respective indigenous communities. The benefits of this use by indigenous peoples are subject to this Constitution and the law.

Article 123. Indigenous peoples have the right to maintain and promote their own economic practices based on reciprocity, solidarity and exchange; their traditional productive activities, their participation in the national economy and to define their priorities. Indigenous peoples have the right to vocational training services and to participate in the development, execution and management of specific training programs, technical and financial assistance services that strengthen their economic activities within the framework of sustainable local development. The State shall guarantee that workers belonging to indigenous peoples enjoy the rights conferred by labor legislation.

Article 124. Collective intellectual property of the knowledge, technologies and innovations of indigenous peoples is guaranteed and protected. All activities related to genetic resources and the knowledge associated with them shall pursue collective benefits. The registration of patents on these resources and ancestral knowledge is prohibited.

Organic Law Of Indigenous Peoples And Communities (2005)

Chapter I: Recognition of the rights of indigenous peoples Recognition of indigenous peoples as original peoples

Article 1. The Venezuelan State recognizes and protects the existence of indigenous peoples and communities as original peoples, guaranteeing them the rights enshrined in the Constitution of the Bolivarian Republic of Venezuela, international treaties, pacts and agreements and other universally accepted standards, as well as other laws of the Republic, to ensure their active participation in the life of the Venezuelan Nation, the preservation of their cultures, the exercise of free determination of their internal affairs and the conditions that make them possible.

Artículo 3. (...) Legitimate authorities: Legitimate authorities are considered to be the persons or collective bodies that one or more indigenous peoples or communities designate or establish in accordance with their social and political organization, and for the functions that said peoples or communities define in accordance with their customs and traditions.

Article 7. The legal personality of indigenous peoples and communities is recognized for the purposes of exercising collective rights provided for in the Constitution of the Bolivarian Republic of Venezuela, the international treaties, pacts and conventions signed and ratified by the Republic and other laws. Their representation shall be determined by the indigenous peoples and communities, according to their traditions, uses and customs, taking into account their own organization, with no limitations other than those established in the Constitution of the Bolivarian Republic of Venezuela and the law.

Chapter II: Prior and Informed Consultation Consultation

Article 11. Any activity that may directly or indirectly affect indigenous peoples and communities must be consulted with the indigenous peoples and communities involved. Consultation shall be carried out in good faith, taking into account languages ​​and spirituality, respecting the individual organization, legitimate authorities, and communication and information systems of the members of the indigenous peoples and communities involved, in accordance with the procedure established in this Law. Any activity involving the use of natural resources and any type of development project to be carried out in indigenous habitats and lands shall be subject to the prior information and consultation procedure, in accordance with this Law.

Article 20. The State recognizes and guarantees indigenous peoples and communities their habitat and original rights over the lands they have ancestrally and traditionally occupied, as well as the collective ownership of the same, which are necessary to develop and guarantee their ways of life. The lands of indigenous peoples and communities are inalienable, imprescriptible, non seizable and non transferable.

Law on Indigenous Languages (2008)

Article 2. Indigenous peoples have the duty and the right to make extensive and active use of their native languages ​​in their own communities and in all areas of the life of the Nation. Indigenous languages ​​and the Spanish language are the instruments of communication between the State and indigenous peoples and communities, in any public or private setting and instance throughout the national territory.

Law on Cultural Heritage of Indigenous Peoples and Communities (2009)

Article 10. Indigenous peoples and communities have the right to determine the tangible and intangible assets that constitute their cultural heritage and to establish safeguard measures within the scope of their lands and habitat, in accordance with their practices, uses and customs.

Chapter V: Participation in the Economy

Participation in traditional and non-traditional productive activities

Article 21. Indigenous peoples and communities have the right to freely decide on the systems, techniques and mechanisms for the development, production, marketing and exchange of their traditional indigenous products, goods, activities and services and, in general, to the free exercise of their traditional and non-traditional productive activities, as well as to participate in the national economy, promoting commercial exchange at the communal, local, regional, national and international levels, without prejudice to the protection and safeguarding of the cultural heritage of indigenous peoples and communities, as provided for in this Law.

Chapter VIII: Prohibitions

Prohibitions

Article 35. The carrying out of any activity that modifies, injures or damages, totally or partially, the physical, structural qualities, historical or archaeological value of any asset constituting the cultural heritage of indigenous peoples and communities is prohibited.

Chapter IX Responsibilities and Sanctions

Responsibilities

Article 36. Any natural or legal person, public or private, who causes damage to the cultural heritage of indigenous peoples and communities is obliged to repair it, restoring the goods to their original state, if applicable, and compensating the affected indigenous people or peoples and community or communities, while safeguarding all rights and guarantees of due process.

Sanctions

Article 37. The theft, robbery, misappropriation or subtraction by any means, wilful destruction or unauthorized export of tangible and intangible goods constituting the cultural heritage of indigenous peoples and communities shall be considered an aggravating factor for the purposes of calculating and applying the civil, penal and administrative penalties or sanctions provided for in the laws governing the matter.

If the farm plot is located within a territory of Indigenous Peoples (Pueblos y Comunidades Indígenas, in the original language). This means that you are sourcing from an IPLC territory in Venezuela. These territories are protected by indigenous jurisdiction and are mainly regulated by Venezuela’s Constitution (1999), the Organic Law Of Indigenous Peoples And Communities (2005), and specific legislations such as the Law on Indigenous Languages (2008) and the Law on Cultural Heritage of Indigenous Peoples and Communities (2009). To adequately carry out your due diligence, make sure your company has commercial relations with the Indigenous Peoples that lawfully occupy this area. Ensure that your company is trading with the Legitimate Authoritythat represents that indigenous community,or any other associations, cooperatives, individual members or external partners authorized by them. Avoid commercializing with unauthorized intermediaries or third parties that might be violating the land rights of Indigenous peoples.