ISA~Belo Monte works continue in full swing against ruling


Belo Monte works continue in full swing against ruling

[8/20/2012 14:50]


Company claims have not yet been officially notified by the Federal Regional Court 1st region (TRF1). The decision was taken on Monday (13), on trial who decided to halt the construction of the hydroelectric plant on the Rio Xingu (PA) for lack of consultation with indigenous peoples
Last Tuesday (14), the Federal Regional Court 1st region (TRF1) announced a historic decision: stop the Belo Monte dam until indigenous communities be consulted by the National Congress, as laid down in the Constitution and the Convention 169 of the International Labour Organization – ratified by Brazil in 2002 (learn more).The decision of the 5th class of TRF1 was unanimous when judging embargo feature of Federal prosecutors about the lack of prior consultation with indigenous peoples for work release in the Xingu River (PA). In addition to the outage, the magistrates have established a daily fine of R $ 500 thousand North energy – the company responsible for the construction and operation of the Belo Monte dam-in case of non-compliance with the decision. But not even the penalty meant that the construction of the hydroelectric plant were emptied.

The justification for the breach of judicial decision is based on the non-receipt of official notification. In accordance with the advice of TRF1, until last Friday (17), notification, in fact, had not yet been sent to the company, but the expectation is that this week is delivered. There are rumours that the company would prefer to pay the daily fine established by Justice to stop time with the works. In a statement, the North Energy manifests his “concern” about the consequences of a possible stoppage of the enterprise. “Such outage will entail immediate losses for Belo Monte and the country”, says the text.

In an interview on Friday (17) the national newspapers, the new CEO of North energy, Duílio Diniz de Figueiredo stressed that both the company and the Government are not measuring efforts to prevent the stoppage of the works. According to the report, the Attorney General of the Union (AGU) would have already been mobilized by the Government to reverse the decision of the 5th class of TRF1.

“We have to unite all forces, always believing in justice. We always all in compliance to the laws and the Constitution, so that we can all environmental permits. Associated with this, we must remember that we have the financial impacts not only the social and environmental impacts that may occur, “said Muhammad.

The AGU, however, can only enter with the feature after the formal notification of the company. This will not be the first time the Attorney General considers that Union in favour of the enterprise. It is worth remembering that the auction of the dam was only possible after a real war of injunctions from the AGU and the Federal Prosecutor’s Office, in 2010.

Prior consultation, free and informed

The free prior and informed consultation, is an instrument of dialogue aimed at ensuring the effective participation in legislative and administrative decision-making involving the collective rights of indigenous peoples and Maroons. The Federal Constitution, as well as the ILO Convention 169, determine what works that impact indigenous lands may only be authorised after the consultation with the affected communities. Was based on the right of the decision of the 5th class of TRF1 was taken.

As acknowledged the judge Souza prudent, Legislative Decree No. 788, 2005, did not comply with what says the Federal Constitution. Instead of prior consultations, Congress determined queries later, after the decision had been taken.

Shannon Wise came to highlight that only dictatorial regimes the queries were later. “Only in a regime of dictatorship is all posthumous. Posthumous studies cannot admit. The Federal Constitution says that studies have to be. ” In addition, said the judge, if the communities solve that do not want the venture, the decision must be considered by MEPs, which would invalidate the dam licensing and paralisaria definitely the construction of the Belo Monte hydroelectric plant.

In a statement, the North turn Energy rebate the argument. Says that the consultations were made and that no community will be directly affected by the Belo Monte dam – despite the undertaking to reduce 80% of Large flow Back of Xingu, stretch in the River supplies indigenous lands and communities.

The text says: “No indigenous land will be directly affected by the Belo Monte dam. The indigenous communities of the region have always been consulted and their opinions respected in elaboration of the project. In tune with the Funai, took place between December 2007 and October 2009, 38 meetings in 24 villages that are part of the consultation process, in addition to four public hearings in cities of Pará Brazil New, Vitória do Xingu, Altamira and Bethlehem. The consultation procedure in the villages to comply with the Customs and traditions of the communities. For those who do not understand the English language – indigenous peoples Xikrin do Bacajá, Parakanã, Araweté, Arara, and Assurini – were used interpreters, chosen by them, which took Portuguese translation for the respective mother tongues “.

The meetings that the company refers, however, were all held after the decision of the National Congress, and did not have the character to consult affected communities, but if summarized to inform them about the possible impacts of Belo Monte (learn more).

The Funai, in its technical opinion authorizing the work mentions that there were differences in positioning of communities in relation to the joint venture and reinforces the demand of traditional peoples to conducting hearings with lawmakers for clarification.

“Indigenous communities felt that this demand should be forwarded to representatives of the National Congress. Faced with this indigenous manifestation that is articulated suggested meeting with the representatives of all the indigenous groups affected, date and location to be defined, with the participation of representatives of minorities and Human Rights and the Commission of the Amazon, both of the National Congress, to which the Indians may have the opportunity to express their views again, this time together with congressmen “, describes the opinion.

To Raul Silva Telles do Valle, lawyer of the ISA, the company’s claim that there were queries is misguided. “A query that does not hear the other party, and that in no way affect the decision to be taken, or better, that was already taken, obviously cannot be considered consultation,” he says.

Prior consultation, incidentally, is ancient demand of indigenous peoples. Before you start the public hearings, the natives already requesting your achievement to the authorities. Until then-President Lula had received the demand of traditional peoples (learn more here and here).

Unlike says the note of indigenous populations Energy North not put themselves in favour of the enterprise. In 2009, leaders Kayapo macaw and, for example, disclosed note against the construction of the dam (read here and here), demonstrating the clear discontent with decisions taken by the Government over the heads of their rights.

In addition, recently, indigenous leaders have organised occupations in construction sites and even detained officials of the Northern Energy in one of the villages of Volta Grande do Xingu to have their rights respected by the company.

 ISA, Christiane Peres.


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