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I am still researching for the resolution of the matter, but it looks like there is a precedent to Ortega's action:

Venezuela: Coalmines on indigenous lands stopped

Stuart Munckton

12 April 2007

An April 4 Survival International article reported that a decree by Venezuela’s socialist president, Hugo Chavez, had banned the planned construction of new coalmines on the land of the Wayuu, Yukpa and Bari indigenous people in the state of Zulia, which is governed by a leader of the pro-capitalist opposition.

According to a March 21 statement by the Homo et Natura organisation and the Wayuu and Yukpa, environment minister Yubiri Ortega de Carrizalez announced the previous day to protesters that the opening of new coalmines in Zulia was now prohibited, as was the expansion of the existing Guasare and Paso Diablo mines.

The indigenous community and environmentalists have been campaigning for over two years against the expansion of coalmining, which violates the right of indigenous people to determine whether or not mining occurs on their land as stated in Venezuela’s constitution, as well as threatening environmental devastation. The indigenous community and environmentalists had called on Chavez to intervene.

The statement claimed that with the presidential decree, the protesters “felt that we had buried in Caracas the ghost of coal and its threats against the indigenous peoples of Zulia state”. However, the statement added: “We know that the powerful multinational mining interests in Zulia will keep trying to keep their mega-coal project alive, whatever the cost”. They pledged to continue campaigning until coalmining concessions in the region were cancelled.

According to Survival International, de Carrizalez told the indigenous people and evirnomentalists at the demonstration: “The president has ordered a new model of development for the region encompassing ecology, agriculture, tourism and sustainable development.”

http://www.greenleft.org.au/2007/706...



As a follow-up - this "open letter" has some additional information:

Maracaibo, July 10, 2007
Citizen: Dra. Citizen: Dra. Yubir? Ortega of Ortega Carrizales Yubir? of Carrizales
Minister of Environment Minister of Environment
His firm .- His office .-

Civic Minister, Minister Civic,

We want to express our concern in relation to two realities related to coal-mining plans that seek to run in the rivers Socuy, male and Cachir? framework of the parish Monsignor Sergio Godoy of Mara in Zulia state by Carbozulia / Corpozulia transnational capital and coal, among these is the Irish company Carbon?fera Cano Seco, chaired by Irish citizen Brendan Hynes. We want to express our concern in relation to two realities related to coal-mining plans that seek to run in the Socuy rivers, male and Cachir? framework of the parish Monsignor Sergio Godoy of Mara in Zulia state by Carbozulia / Corpozulia transnational capital and coal, among these is the Irish company Carbon?fera Cano Seco, chaired by Irish citizen Brendan Hynes.

1. 1. Ignorance of the pronouncement of President Chavez and the Ministry of Environment Ignorance of the pronouncement of President Chavez and the Ministry of Environment

The company Carbon?fera Cano Seco, Corpozulia and contractors sent by Carbozulia with Colombian personnel, continue to explore the area despite their strong words of not granting permits affect Resources to open more coal mines or expand the two existing, as well as the pronouncement of President Hugo Ch?vez in the act in connection with the recovery of full sovereignty from the Oil Industrial Complex G / D Jose A. The company Carbon?fera Cano Seco, Corpozulia and contractors sent by Carbozulia with Colombian personnel, continue to explore the area despite their strong words of not granting permits affect Resources to open more coal mines or expand the two existing, as well as the pronouncement of President Hugo Chavez in the act in connection with the recovery of full sovereignty from the Oil Industrial Complex G / D Jose A. Anzoategui, Anzoategui State on 1 May this year: Anzoategui, Anzo?tegui State on 1 May this year:

"... Because I, when I began to study and I went there to see it with my own eyes the theme of La Guajira coal, I commanded to stop it, why? "... Because I, when I began to study and I went there to see it with my own eyes the theme of La Guajira coal, I commanded to stop it, why? Because to get that coal must overthrow do not know how many hectares Thousands of forests?? no, no, no, no!. Because to get that coal must knock down? I do not know how many thousand hectares of forests? no, no, no, no!. Between wood and coal, I'll stay with the forest, with the river, the environment [Applause] to stay that coal down there!. Between the woods and coal, I'll stay with the forest, with the river, the environment [Applause] to stay that coal down there!. Now, if someday develop a technology (huh?) to get that coal without breaking the forest? ah good and will be a reserve for the future, it's possible. Now , If someday develop a technology (huh?) To get that coal without breaking the forest? ah good and will be a reserve for the future is possible. Ah. "Oh?".

The Mibam Zulia and Carbozulia / Corpozulia violate this government position to send staff to explore commanded by the engineer of Colombian nationality who called said Jaime Martinez, who manages a truck two booths Toyota brand dark blue plate 58J SAC. The Mibam Zulia and Carbozulia / Corpozulia violate this government position to send staff to explore commanded by the engineer of Colombian nationality who called said Jaime Martinez, who manages a truck two booths Toyota brand dark blue plate 58J SAC. This recruits often accompanied by an official of the Ministry of Basic Industries and Mining Zulia / Eng Maracaibo. This recruits often accompanied by an official of the Ministry of Basic Industries and Mining Zulia / Eng Maracaibo. John Cross, to drill and take samples of coal in the tent finances. John Cross, to drill and take samples of coal in the tent finances.

The same Ing. The Samoan Ing. Aurora Rodr í Geez, the new representative of the Ministry of Basic Industries and Mining in Zulia (Mibam), challenges the Ministry of Environment and the President Chavez in announcing last Thursday June 7, 2007 in the newspaper Panorama that multinational companies "and Cosila Cano Seco, waiting for aspects of permisolog í" to begin exploitation of coal. Aurora Rodr ? Geez, the new representative of the Ministry of Basic Industries and Mining in Zulia (Mibam), challenges the Ministry of Environment and the President Chavez to announce last Thursday on June 7, 2007 in the newspaper Panorama that multinational companies "and Cosila Cano Seco, waiting for aspects of permisolog ? "to begin exploitation of coal.

These political mining activities above, it is the sum strategy and capital Corpozulia miners to achieve in this frame of events and the pronouncement of Deputy Chairman of the Subcommittee on Energy and Mines of the National Assembly Angel Marcano by stating that: These political mining activities above, it is the sum strategy and capital Corpozulia miners to achieve in this frame of events and the pronouncement of Deputy Chairman of the Subcommittee on Energy and Mines of the National Assembly Angel Marcano by stating that:

"From a legislative point of view we will collaborate with the development of the coal industry, it is important to say that in Venezuela this mineral has been used only for export and there has been no development downstream" "From a legislative point of view we will collaborate with the development of the coal industry, it is important to say that in Venezuela this mineral has been used only for export and there has been no development downstream "
(RNV Web Press, July 6, 2007, 10:15 a.m.. [1] (RNV Web Press, July 6, 2007, 10:15 am. [1]

Operators of the multinational mining and its allies Creoles have been working according to entangle the political landscape, and neutralize the position of President Chavez and this ministry keeping with a speech in harmony with environmental plans against global warming, climate change and traditional and ancestral rights of indigenous Amerindian communities settled in these areas of life. Operators of the multinational mining Creoles and its allies have been working according to entangle the political landscape, and neutralize the position of President Chavez and this ministry keeping with a speech in harmony with environmental plans against global warming, climate change and traditional and ancestral rights of indigenous Amerindian communities settled in these areas of life.

2. 2. Delayed start of development projects to alternate coal miner for municipalities Machiques, Marra and Paez. Delayed start of development projects to alternate coal miner for municipalities Machiques, Marra and Paez.

This commitment was made public acts in the city of Machiques on Thursday, March 29 and Friday, May 11 at Paez, as well as to us on Tuesday, March 20 at the headquarters of the Ministry itself. This commitment was made public acts in the city of Machiques on Thursday, March 29 and Friday, May 11 at Paez, as well as to us on Tuesday, March 20 at the headquarters of the Ministry itself.

We have initiated some socio-environmental initiatives, cultural and economic Way?u in seven communities located between the rivers and Socuy Mach?, promptly and in two Yukpa communities in the basin of the river Yazid, it would be good to talk with you or the Deputy Minister, or at all If a person with some similar positions with us as Santiago Arconada, who may already returned to Maracaibo, the ICLAM. We have initiated some socio-environmental initiatives, cultural and economic Way?u in seven communities located between the rivers and Socuy Mach?, promptly and in two Yukpa communities in the basin of the river Yazid, it would be good to talk with you or the Deputy Minister , Or at all If a person with some similar positions with us as Santiago Arconada, who may already returned to Maracaibo, the ICLAM.

For experience let you know that it is necessary that this ministry can boost or coordinate some activities to the interior of these communities to attack mainly so systematized hunger and disease, and bring to incorporate indigenous youth activities in at least ethnocidal possible. For experience let you know that it is necessary that this ministry can boost or coordinate some activities to the interior of these communities to attack mainly so systematized hunger and disease, and bring to incorporate indigenous youth activities in at least ethnocidal possible.

I also hope that this government and new constitution will allow it to give the indigenous lands and healthy habits without landmines and without landowners, and not just as today, conucos overcrowded and ranches between pastures of large estates built on what one day were their territories. I also hope that this government and new constitution will allow it to give the indigenous lands and healthy habits without landmines and without landowners, and not just as today, conucos overcrowded and ranches between pastures of large estates built on what one day were their territories.
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