The Rapporteur welcomes suggestions on mining on indigenous lands
The Rapporteur welcomes suggestions on mining on indigenous lands
The report of the Special Committee that examines the regulation of mineral exploration on indigenous lands should be finalized and presented at the regular meeting in the coming days. On Tuesday (04), the rapporteur, Mr Nathanael Lee (PMDB-RR), presented two more chapters of the proposal that will be presenting in the form of text replacement.
For comments, suggestions and other comments the Congressman made the email firstname.lastname@example.org.
Ten days ago the Congressman had disclosed the “chapter I” of his substitute, which addressed the General provisions of the regulations. The new chapters dealing with administrative procedures and authorisation of the National Congress.
Second Edition, chapters II and III “are essential for the regulation. “The text objectively brings important points, especially with regard to the procedure for submission of proposals for research and exploitation of mineral resources in indigenous lands.
As for the National Congress authorization, the text provides for a Joint Committee to formulate an opinion on the proposal.
- Proposal on mining in indigenous lands
Proposal on mining in indigenous lands
Substitute Mr Nathanael Lee to 1610, Bill of 1996.
On the exploitation and utilization of mineral resources in indigenous lands, contemplated in arts. 176, § 1, and 231, § 3, of the Federal Constitution.
The National Congress decrees:
Art. 1 this law establishes special regime for exploitation of mineral resources in indigenous lands, including mineral extraction mode, in line with the provisions of arts. 176, § 1, and 231, § 3, of the Federal Constitution. Art. 2º The research activities and exploitation of mineral resources in indigenous territories shall be governed by the provisions of this law and, as applicable, indigenous mineral laws and relevant environment. Sole paragraph. Does not apply to the arrangements set out in art. 1. the right of priority provided for in Decree-Law No. 227, February 28, 1967. Art. 3. the activities related to the exploitation of mineral resources in indigenous lands shall be authorised only in indigenous lands whose demarcation has already been approved by presidential decree. §1 In indigenous lands that are in administrative process of demarcation will only be allowed strategic mining related to national security, on the initiative of the Executive branch. § 2 the research and exploitation of mineral resources in indigenous lands can only be carried out by a company incorporated under the laws of Brazil and which has headquarters and administration in the country. (3) the exploitation of mineral resources in indigenous lands through mineral extraction or gold prospecting will be indigenous communities occupants of private areas affected by activity, since organized in cooperatives and in compliance with the other requirements laid down in this law and in indigenous and environmental legislation, applicable.
THE ADMINISTRATIVE PROCEDURE Art. 4 the administrative procedure for the exploration and exploitation of mineral resources in indigenous lands may be initiated by an act of the Executive, or at the request of any interested party, by means of an application submitted to the National Department of Mineral production (DNPM), or for what will happen in the performance of their duties. Art. 5 Published the Executive power Act, or received the request of interested, pursuant to art. 4th, the DNPM shall publish notice that, within sixty days from the date of such publication, any person concerned may forward this proposed body to research and exploitation of mineral resources in the area required, given the provisions of the sole paragraph of art. 2 of this Act. §1 the proposals of interested in the exploitation of mineral resources in indigenous lands objective shall contain the following compulsory elements of instruction: I – descriptive of the area of interest; II-surface extension of the target area and the indigenous area, County and State in which it is located; III – in the case of undertakings concerned, proof of its Constitution under Brazilian law, including its registered address, business name, number of their constituent acts in the competent trade register and registration number on the national registry of legal entities (CNPJ) of the Ministry of finance, as well as its cadastral situation; IV – list of documents to prove the technical capacity, financial probity and legal and fiscal regularity of tenderers; V – mineral extraction or mining, proof of the cooperative of indigenous community inhabitant of the target area and of its registration with the federal agency responsible for the management and regulation of activities relating to the exploitation of the mineral resources of the country and other proof of their legal and fiscal regularity; VI – in the case of successful mineral exploration activity, as a percentage, the results of mining to be paid, subject to the provisions of art. 15 this Act, investments in infrastructure, economic and social compensation to be offered to the affected indigenous communities. §2 the DNPM will give science the National Indian Foundation (Funai) on the establishment of the administrative procedure for research and exploitation of mineral resources in the target Indian reservation. Art. 6 after the deadline provided for in art. 5, and in the subsequent period of 180 days, the DNPM will checking the regularity of the proposals and, simultaneously, will be drawn up preliminary technical advice: I-on the geological potential of mineral resources in the area and their use; II – about likely environmental restrictions and conditions for conducting research and exploitation in the area of interest; III-about possible impacts of mineral exploration on the culture and traditions of the indigenous community. §1 The technical advice of the caput will result, respectively, in three reports: environmental, geological and anthropological. § 2 The technical advice of dealing with items I-III of the caput shall be drawn up by committees consisting of at least three coaches, and should be submitted for approval, respectively, of the National Department of Mineral production (DNPM), Brazilian Institute of environment and renewable natural resources (Ibama) and the National Indian Foundation (Funai). §3 Admit there will be aerial survey to gauge the technical report referred to in subsection I of this section caput. paragraph 4 within ninety days, the DNPM forwards to Funai technical opinions mentioned in the caput for the convening of public consultation of the indigenous communities concerned. Art. 7. within a period of one hundred and twenty days after received technical advice referred to in art. 6, Funai will promote consultation of indigenous occupants of areas intended for exploitation of mineral resources. (1) in the public consultation, will be notified to the interested indigenous communities, in language that is accessible to them, interested in the exploitation of mineral resources in the lands occupied by them, as well as the implications of the implementation of these activities. § 2-of the public consultation should join the following members: I – a Funai representative, who shall preside; II – a representative of the DNPM; III – a representative of Ibama. § 3° public consultation mentioned in the caput may participate in all the indigenous communities present in indigenous land objectified by the exploitation of mineral resources. §4 Case expresses interest, could the Federal prosecutors indicate a delegate to compose the Commission mentioned in paragraph 2. § 5 is also given the presence of a representative of each company interested in carrying out the activities of exploitation of mineral resources in indigenous lands objectified. Art. 8 Complete the impartiality or independence of the indigenous communities affected, those interested in the exploitation of mineral resources, enabled under art. 5 of this law, shall have the non-extendable term of thirty days to, if they so desire, suit their initial proposals to the claims made by the indigenous communities in the public consultation mentioned in art. 7. (1) upon expiry of the period referred to in the caput, the DNPM will have thirty days to forward to Funai changes the proposals originally presented. § 2 the period laid down in paragraph 1, Funai, within 60 days, shall declare the winning proposal to offer indigenous communities affected the highest participation percentage over the results of the lavra and the greatest social and economic compensation. Art. 9 if there is no agreement of the indigenous communities in conducting mineral exploration activities in the lands occupied by them, the process will be forwarded to a Deliberative Committee, within sixty days after the period referred to in §1 of art. 8, will decide, among the proposals put forward, how best to indigenous communities affected. §1 the Deliberative Committee referred to in the caput shall be formed by the following members: I – a Funai representative; II – a representative of the DNPM; III – a representative of the Environmental Agency (Ibama); IV-two Deputies, appointed by the Chamber of Deputies; V-two senators, appointed by the Senate. §2 If express interest, could the Federal prosecutors indicate a delegate to compose the deliberative Committee mentioned in paragraph 1. (3) Among the criteria to be observed in defining the best tender shall, obligatorily, be the following: I – the largest values of participation on the results of mineral mining; II – the greatest social and economic compensation offered to the affected indigenous communities; III – major investments in infrastructure to indigenous communities; IV – the best incentives for the preservation of the traditions and culture of the indigenous communities; V-use of the best technologies of utilization of mineral deposits, with lower environmental impacts.
CHAPTER III THE NATIONAL CONGRESS AUTHORIZATION Art. 10 the winning proposal, chosen pursuant to art. 8 or of art. 9 of this law, shall be forwarded by the Executive Branch, within fifteen days after the choice, for the analysis of the National Congress. §1 Received the proposal, the National Congress will form joint Committee of Deputies and Senators, who will have 15 days to issue its opinion. (2) the opinion of the Joint Committee shall be forwarded, through legislative decree project for consideration, within 30 days, in a joint session of Congress. (3) If the authorization is denied, the National Congress will publish its legislative decree, communicating the Executive the termination of the authorization process. § 4 if authorized to mineral exploration in indigenous lands, the National Congress will publish its legislative decree and, within five days after the conclusion of the vote, will forward the case to the Executive Branch to continue the process of mineral exploration on indigenous lands.
For membership, the rules must be included in the Statute of indigenous peoples
The socio-environmental Institute (ISA), an association that works in defence of the rights of Indians in Brazil, proposes a discussion of the rules about mining on indigenous lands under the Statute of indigenous peoples (PL 2057/91), and does not, alone, through the Bill 1610/96, of the Senate. “The rules should not be about just one of the activities that occurs in these territories, but on all those who may benefit or harm the communities,” says the Institute’s lawyer, Ana Paula Souto Maior. This position was also defended by indigenous leaders at a public hearing in May this year, the Special Committee that examines the PL 1610/96.
The appreciation of the new staff regulations, which will replace the current Indian Status (law 6,001/73), is stalled since 1994, when the PL 2057/91 was approved by a Board of the Chamber.
Ana Paula proposes that the regulation of mining on indigenous lands occurs only after the resolution of the New Mining Code, which is being prepared by the Ministry of mines and energy. The current code is from 1967. “It is important to first have a general rule, to then have a specific rule,” says the lawyer.
In the opinion of the Rapporteur of the Special Committee that examines the PL 1610/96, Mr Nathanael Lee (PMDB-RR), however, the debate about mining on indigenous lands should be separated from the new code and the Statute of indigenous peoples. The rapporteur adds that the discussion just under the staff regulations will maintain the deadlock on the subject. “Brazil cannot continue pushing this matter indefinitely without regulation, if only because more than 20% of the territory of the Amazon are indigenous lands. Precisely in this area – on the border with Guyana, Venezuela and Colombia, there are enormous deposits of ore, which need to be explored one day, “he argues. In Lee’s view, without regulation, stimulates the exploration of underground minerals in indigenous lands.
Position of the Government The Chairman of the Special Committee, Mr Priest Ton (PT-RO), charges a Executive position in relation to the proposal. “The lack of definition the Government has delayed voting on the matter,” he said, at a public hearing on the matter in May.
The rapporteur, for his part, points out that, in General, the Government is in favour of the project, however there are differences between Funai and the Ministry of mines and energy on how it should be done. The Parliamentary Counsel of Funai reported that it is in final process of elaboration of the official position of the Agency.
Already Secretary of Geology, mining and Mineral Processing of the Ministry of mines and energy, Cláudio, Scliar said that “of the Ministry, there is every interest that the rules be made as soon as possible”. At the public hearing held in may, he also said that the exploitation of mineral resources in indigenous lands can be taken out of the new Mining Code.
According to the Secretary, the lack of a law regulating the exploitation contributes to the emergence of illegal mines. These goldfields, prompted, use rudimentary equipment that degrade the environment.
Exceptional character According to Ana Paula, isn’t up for discussion the need for regulation, but the way such regulation should occur. According to the lawyer, mining in Indian lands, although permitted by the Constitution, shall take place only in exceptional character, by national interest. And, in her view, in some cases the exploitation should not occur under any circumstances, as in indigenous lands whose demarcation has not yet been approved by presidential decree.
Although permits the exploitation of mineral resources in indigenous lands whose demarcation has already been approved, the substitutive Edio Lee allows the exploration of strategic minerals for national security, at the initiative of the Executive Branch, in the lands that are in the process of demarcation.