The indigenous people have a way of life that may be different from what is known to those who do not live closely with them because of their habitat; This does not mean that they do not have rules that govern their actions.
The Venezuelan legal system has recognized them - and today it does - their character as original inhabitants. At present, the Constitution of the Bolivarian Republic of Venezuela (CRBV, 1999) has established articles that seek to regulate the relations between both conceptions of life.
At the legislative level, for example, the National Assembly approved the Organic Law of Indigenous Peoples and Communities (2005), which aims to develop the rights of indigenous peoples and communities recognized in the CRBV, laws, agreements, covenants and treaties. validly signed and ratified by the Republic. Protect the ways of life and sustainable development of indigenous peoples and communities, based on their cultures and languages. Establish the mechanisms of relationship between indigenous peoples and communities with the organs of the Public Power and with other sectors of the national community. Guarantee the exercise of collective and individual rights of the indigenous peoples, communities and their members.
Another instrument that is the authorship of the National Legislative Power is the Law of Cultural Heritage of Indigenous Peoples and Communities (2009), whose goal is to establish the conditions to identify, safeguard, preserve, rescue, restore, revalue, protect, exhibit and disseminate the cultural heritage of indigenous peoples and communities, as expressions and constitutive elements of their cultural identity.
Like any other citizen - the indigenous people - they have individual and collective needs that the State - at all its levels - is obliged to attend not so differently to those who do not have such a condition.
Desde una perspectiva municipal, la Ley Orgánica del Poder Público Municipal (LOPPM, 2010) define al municipio indígena como la organización y administración local, mediante la cual los pueblos y comunidades indígenas definen, ejecutan, controlan y evalúan la gestión pública de acuerdo con los planes previstos en su jurisdicción territorial, tomando en cuenta la organización social, usos, costumbres, idiomas y religiones, a fin de establecer una administración municipal que garantice la participación. Deberán poseer carácter democrático y responder a la naturaleza del gobierno local.
It is obvious to infer that - where indigenous settlements exist - they can exercise their legitimate right to participate in public affairs, since the CRBV does not ignore any type of exclusion, so nothing would prevent mayors or councilors from being elected, for example.
On the other hand, the LOPPM includes the possibility of establishing a diversity of regimes taking into account the conditions of the population, economic development, capacity to generate its own fiscal income, geographical location, historical and cultural elements and other relevant factors; this would also be applicable in the cases of indigenous municipalities.
However, the legislator has maintained the model that is known in a uniform manner, which has produced criticisms such as those formulated by Professor Allan Brewer Carías in the work "Organic Law of Municipal Public Power (commented law)", (various authors), Editions Fundación Editorial Jurídica Venezolana, Caracas, 2007; where he has stated that there is a kind of legislative pigeonhole because it has remained unchanged for more than a century, which - in his opinion - should attend to the local reality of each municipality, due to the bureaucratic burden that could arise in little places patrimonially favored.
As in any urban settlement, the indigenous people require an organization, both for the satisfaction of patrimonial and personal needs.
In this sense, they have similar means - if possible - to those used by those who are not inhabitants of indigenous areas.
Indeed, Self-Management and Co-management - for example - are used as legitimate forms of community and citizen participation, which is also recognized by those who live in other places; proof of this is found in the Organic Law of Municipal Public Power (LOPPM, 2010).
In the past, assembly forms have been the channel for not only finding out about various situations that affect them, but also making decisions of a different nature.
In fact, the Organic Law of Indigenous Peoples and Communities (LOPCI, 2005) establishes that any activity or project that is intended to be developed or executed within the habitat and lands of indigenous peoples and communities, must be presented through a project to the peoples or communities indigenous peoples involved so that, meeting in an assembly, they decide to what extent their interests may be harmed and the necessary mechanisms that must be adopted to guarantee their protection. The decision will be made according to their uses and customs. In cases where it is intended to start a new phase of the project or extend its scope to new areas, the proposal must be submitted to the peoples and communities involved, again complying with the established procedure.
On the other hand, the LOPCI, in order to seek approaches to the projects in advance of the assembly, states that they must be submitted to prior consultation with indigenous peoples and communities; The conditions of its execution according to the project presented will be established in writing by mutual agreement between them and the proponents. In case of non-compliance, the indigenous peoples and communities may exercise the legal actions that may arise before the competent courts.
In the event that the indigenous peoples and communities involved express their opposition to the aforementioned project, the proponents may present the alternatives they consider necessary, thus continuing the discussion process to achieve fair agreements that satisfy the parties.
The execution of any type of project in the habitat and indigenous lands by a natural or legal person of a public or private nature that has not been previously approved by the indigenous peoples or communities involved is prohibited.
As a protectionist measure, the habitat and lands of indigenous peoples and communities can in no case be classified as uncultivated, idle or uncultivated for the purposes of their affectation or adjudication to third parties within the framework of national agrarian legislation, nor considered as expansion areas of cities for their conversion into ejidos. This constitutes a mandatory exception for all levels of the Public Power, which implies that the planning and territorial and urban planning must embrace the norm contained in the LOPCI.
Given the characteristics of indigenous areas, the State must act as a promotion entity for entrepreneurship initiatives, which is not strange to municipalities because - within their competencies - they carry out fairs, markets and other types of events that tend to improve quality of life; This is also applicable to matters providing public services, such as health, education, environmental sanitation, among others.
In the area of cultural heritage, the Law of Cultural Heritage of indigenous peoples and communities constitutes a first-line ally to municipal chroniclers, since they expand their radius of action to preserve uses, customs and traditions of their peoples, avoiding their dilution in time and due to the expansion of urban life.
It should be noted that the indigenous people - like the original inhabitants of this continent - continue to exercise a sovereign role. What must be done is to reconcile both cultural forms and to promote as a team the satisfaction of deficiencies and the exchange of experiences.
