Local NGOs sought a constitutional remedy from the Supreme Court of Venezuela, arguing that the â€œGreen Arch Project (Mining activities)â€ was approved without consulting the affected Indigenous communities of Bolivar and that the activities of Caribbean Sun had affected the rights to life and health of the Indigenous Peoples in the Bajo Bolivar Reserve and were also affecting the right to a clean environment.
Members of the Indigenous communities of Bolivar filed a petition before the Inter-American Commission on Human Rights in April 2014. Their claim was not only limited to the â€œGreen Arch Projectâ€ but requested the Commission to assess the lack of fulfillment of the agreement subscribed with the government in September 2013. Their main argument was that the state of Venezuela had historically and systemically discriminated against them. The Commission took the case to the Court in August 2018.
As a judge of the IACtHR, your task is to identify the main legal issues of the case and to adopt a decision over the subject matter, supported with arguments using the cases of the Court