October 14, 2012 Letter ~

October 14, 2012

 

 

 

 

 

 

 

 

 

 

 

 

Indigenous communities, fishermen and other social groups camped on Site

Pimental, construction of the Belo Monte HYDROELECTRIC POWER PLANT, reaffirm, once again, its

provision for dialogue with the North energy and the Federal Government. Our movement is

Peacful, and we are here to demand the fulfilment of the conditions and the execution of

PBA, which are our rights.

We are willing to talk and negotiate deadlines and

timeline for implementation, by the North energy, all that the entrepreneur should already

have done and haven’t done, but we will not negotiate our already established rights.

We want to make it clear that I do not descumprimos the Court ruling that determined the

evacuation of the building and the holding of a meeting on the day 15.10.2012. As

We affirm the document delivered to the bailiff, we are willing to vacate the

construction site, deliver the keys of the vehicles and boats, to be held the meeting.

We just want to wait for the meeting under appropriate conditions, since the judge

determined that the hearing would be held at the construction site. Norte Energia is refused

to talk with us, to deny our claim to have the right conditions to await the

meeting. Desocupamos site not determined because we had no where to go up

the day of the meeting. Where justice had hoped that we would with our women, older and

Kids? That acampássemos on the edge of a road, subject to suffer the hostility

of those who do not recognize our just cause? Who knows how animals at the edge

an island, sleeping without shelter? Indigenous peoples and traditional communities

Volta Grande do Xingu has dignity and demand respect!

We reject the North’s attempt to win Power by weariness, refusing to

chat, breaking the Court ruling that forced her to supply us with drinking water.

Also we reject the North’s attempt to delegitimize our energy movement,

stating that we are willing to pocket money, lists, and other issues that are not our

rights. Everything that we demand our rights. By denying the converse, North Energy

demonstrates that it is not prepared to fulfill their obligations.

So, once again, we call for the North energy, along with the FUNAI and IBAMA,

in the presence of the MPF and federal justice, dialogue with us! We demand the realisation of

a meeting for discussion of the agenda below for deadlines for

compliance with all that Energy to the North should have done, or, at least,

begun to do. We will withdraw the work until we are heard.

Indigenous claim agenda Iriri, Xingu route and Townspeople

1. Of unfulfilled Conditions:

A. About the viability of the enterprise

1. to guarantee that the impacts resulting from anthropic pressure on the land

indigenous peoples are adequately controlled.

-Currently: should have been implemented a Protection Plan Free up the term:

7/22/2011, but it didn’t happen.

B. additional Studies could be delivered after the Ibama send LP,

but of course before LI to be able to influence the definition of the PBA

1. About the Indians townspeople extending the search to TIs Xipaya and Kuruaya taking into

the strong presence of representatives of these groups in the city of Altamira and Back

Grande do Xingu as justification put forward in this opinion. Should be

presented in recent studies cited genealogies of the indigenous component on

City Indians.

-Currently: indigenous peoples impacted by the work that do not live in the villages, despite

registered by the company were not recorded at DSEI and don’t receive meeting

differentiated health, as a matter of fact was confirmed by SESAI on 4 July 2012.1

C. Constraints that should be satisfied until the auction. Actions that should have

happened even before April 20, 2010

1. Establishment of the Working Group for coordination and articulation of the fundamental actions

regarding indigenous peoples and Lands impacted by the project, within the framework of the

PAC Steering Committee (“GEPAC – Belo Monte”) to make the following actions

concerning:

1.1. indigenous health care Restructuring at DSEI in Altamira.

-Currently: there are more than 3 years expected restructuring of Special sanitary district

Indígena (DSEI) of Altamira. Of the 32 villages only 7 have masonry and other post 7

wood, i.e. less than half of the villages has a clinic. Were not

hired professionals who must daily assistance and who reside in the village,

as well as the indigenous Agents of health and nursing technicians, among others.

Neither was hired even one doctor to every district. 2. With that, problems

could be solved in the village have just forwarded to Altamira, generating several

other problems, including in the sense of overwhelm the already precarious health service

available in the municipality. Before LI, the constraints of Funai predicted a “program

health care reformed “, which should already be” functional “. The situation is

really precarious as can be seen on video on indigenous health care

in Altamira (“Belo Monte, a drama for indigenous health”

http://www.youtube.com/watch?v=eGF-xKtLmCc). In reply to official request

the day July 4, 2012 SESAI, the secretariat stated that for 2012 was not built

“NO BASE CONDITIONING POLO”. 3

1.2 monitoring and surveillance of TIs Group 1 and 2 including cooperation agreement

with CENSIPAM for monitoring by satellite margins of TIs.

-Present: the federal Government has not done any articulation in this sense.

2. Joint Action between Federal Police, Funai, Ibama, Incra, AGU and national Strength

make the following actions of regularization of indigenous lands:

1 response to Request No. 25820.000325/2012-10 of the Special Secretariat for indigenous health

The Ministry of health in SESAI day July 4, 2012.

2 response to request no. 25820.000325/2012-10 of the Special Secretariat for indigenous health

The Ministry of health in SESAI day July 4, 2012.

3 Ibid.

2.2 physical demarcation of it Dry Waterfall

2.3 carry out land surveying and start it desintrução Apyterewa indigenous land

2.4 Display solution for the non-indigenous occupants registered as not being of

good faith

2.5 support collecting areas for resettlement of non-indigenous occupants of

good faith

-Present: “the question related to the actions of regularization of YOU

Dry falls, in addition to the desintrução of it Apyterewa indigenous land has not been resolved (…) –

2.28 etching FUNAI 21 opinion related about you Apyterewa indigenous land still does not

has been fulfilled. “4 you Apyterewa indigenous land has already begun the process of the explosion, but stopped. THE

physical demarcation of the Dry Falls has already been made, must now start the processes of

land survey and with this information make the intrusion of these two lands.

In other words, the process began, but there is no timetable or date for closure of

procedures.

D. actions that should be implemented after the auction but before LI

1. preparation of draft attendance school education for communities

impacted in conjunction with the State Department of Education (Brazil) and MEC.

2. health care revamped timeline and functional.

3. schedule of attendance school education will be drawn up and functional.

E. actions that should have happened, “immediately after the signing of the contract

AHE Award “. The signing of the contract was in May 2010.

1. Draft schedule and work plan for discussions of general guidelines

programs mentioned in the studies. Including the management and implementation of the activities, widely

discussed with all impacted communities for detailing and

approval immediately after signing the concession agreement of the AHE:

-Currently: “should have been created a schedule and work plan for the

implementation of mitigation programmes discussed in all communities and containing the

proposals of each. “5 this has not been done. The PBA was approved by Funai in 2 of

July 2012. A year after issuing the READ. even so, in August 27 still

had not started its implementation.

2. prepare and start the execution of inspection and Emergency Monitoring plan for

all indigenous lands, in conjunction with the Funai, indigenous communities and other

organs included including non-indigenous mining areas in the River Xingu (in

excerpt from Reduced Flow) shortly after signing the concession contract AHE

F. actions without explicit deadline

1. Ensure resources for implementation of all plans, programs and actions provided for in

EIA for the indigenous component during the entire period of operation of the

Enterprise.

-Currently: until now has not been presented no budget on the value of

4 http://xingubacajairiri.blogspot.com.br/2012/06/nossos-rios-vao-mudar-os-compromissos.html

5 Ibid

constraints or the PBA itself nor to citizens in General, nor for people

indigenous peoples affected. The PBA was approved with official notice of the day July 2, 2012 without the

FUNAI had the opportunity to complete consultations on the same with people

Iriri River and Xingu Indigenous upstream 6.

2. Create communication plans with indigenous communities, with information about

the stages of the development, licensing and on all activities related to

Belo Monte HYDROELECTRIC POWER PLANT.

-Currently: “a record of the process of programme implementation should

have been made available in all villages. “7 This was not done.

About the communication program that placed radios in villages is required stating

that this has not been an instrument for greater availability of procedures for

and licensing of works on the part of indigenous peoples. The biggest example of this is that the

works in rio began and the communication program or at least informed the villages

in the Volta Grande do Xingu. These perceived the start of work through the poorer

water quality.

3. Create an indigenous Committee for control and monitoring of the flow that includes

monitoring mechanisms preferably in indigenous lands, in addition

training and capacity building, with broad participation of communities.

-Currently: “should have been created an Indigenous Committee for flow monitoring

with the mechanisms for implementation until June 26, 2011 “8

4. formation of an Aboriginal Steering Committee for actions related to

compensation of the Belo Monte HYDROELECTRIC POWER PLANT.

-Currently: should have been created another Indigenous Steering Committee for actions related

compensatory programmes until June 12, 2011. This has not happened. 9

2. the agreements Previously Concluded and not completed:

Reply of the President of the Power to the claims of Indians North of the land

Indians Iriri route: commitment during the meeting of the day 7/10/2012

Part of the commitments have been fulfilled. The part of the North

Energy, the commitments with dates and not completed are as follows:

1. committees: creation of the Monitoring Committee and of the Constraints

6 “On the emergency situation in which indigenous populations are impacted by the beginning of

installation works of the Belo Monte HYDROELECTRIC POWER PLANT, FUNAI conveyed, in 7/2/2012, legal and technical advice to

IBAMA giving consent and recommending the start of implementation of PBA. However, sera

the sequence of meetings about the indigenous villages PBA where these are not carried out,

with the FUNAI team, to meet their demands, as well as the demands contained in the plan

the indigenous component emergency – currently in effect and that preve ethno-development projects and actions,

food security and infrastructure for the impacted villages. ” FUNAI note on the

Programs (CACP). Start time: 15 days after 1889 and definition the North

Energy from indigenous representatives, with the installation of the committees meetings.

2. HOUSE of INDIO: House rented by the North energy to meet the indigenous population

during the period of construction of the definitive Indian House will have completed its reform at the end

August/2012, being able to serve the communities. The new home of the Indian will have its

construction started immediately (after the eviction) expected to occur in

September 2012.

Indigenous Land Acquisition and immediate actions (for each village)

Dry Falls:

-institutional strengthening kit (1 computer, 1 printer, 1 table for the

computer, and 1 closet, 1 camera and camcorder).

-Form a Committee in 15 days after the definition by indigenous people the names of their

representatives

-2 flying boats of 6 meters with 40hp engine with hood

Xipaya and Village People:

-institutional strengthening kit (1 computer, 1 printer, 1 table for the

computer, and 1 closet, 1 camera and camcorder).

-Form a Committee in 15 days after the definition by indigenous people the names of their

representatives

-2 flying boats of 6 meters with 40hp engine with hood

Kuruaia:

-institutional strengthening kit (1 computer, 1 printer, 1 table for the

computer, and 1 closet, 1 camera and camcorder).

-Form a Committee in 15 days after the definition by indigenous people the names of their

representatives

3. the inclusion in the PBA-basic environmental Plan and meet the following

demands:

1. energy for everyone.

2. deployment of cellular towers in the villages.

3. School of masonry with:

-Clay tile with a sufficient number of rooms, depending on each village;

-qualified indigenous teachers;

-Elementary and secondary education;

-school lunches;

-transport to the villages that need and internet.

4. health centers:

-masonry with clay tiles;

-coated with a thermal blanket;

-ambulatory;

-Pharmacy;

-dental chair;

-all necessary equipment for a pharmacy.

5. artesian well to villages that do not have, setting up a system of

water supply.

6. landing in villages that do not have.

7. Supervision on two routes (Xingu and Iriri), air and land.

8. cars, boats, motorcycles, motor for flight, fuel for supervision.

9. maintenance of all equipment belonging to the communities.

10. Park Ranger to oversee, accompanied by the natives who are trained and

remunerated.

11. Regularization of associations and associations for the villages that do not

have a.

4. legal issues: hearing and non-judged

The Belo Monte approval by the National Congress through legislative decree

No. 788/200510, violated the right to free and informed consent guaranteed to

indigenous peoples affected by the work, pursuant to article 231 of the Constitution and the

international human rights standards in the Brazil is parte11. In compliance with

its constitutional role and in defence of the rights violated, the Federal Prosecutor’s Office

filed a public Civil action in 2006 to annul this Decree was 12.

six years to the trial on the merits of the action and, finally, the competent court (TRF-

1) decided by the stoppage of work in 8/13/2012, opening the possibility of Congress

correct the mistake made with the hasty approval of the Belo Monte dam. 13 Four days after

the President of the Supreme Court, at the request of the AGU ordered the resumption of the work, without going into

discussion of the issues on the merits, so as to delay the resolution of the dispute. 14

After the irregular Belo Monte approval by Congress in 2005, still maintained by the

President of STF, licences and permits have been granted for the benefit of

proponents of the project by Presidents and directors of IBAMA with evidence

strong political pressure, contradicting the technical advice from its own servers.

Then the conditions of environmental licenses, compulsory for the beginning and

continuity of works, has been repeatedly observed by entrepreneur. THE

vast majority of 13 public civil actions and Administrative Misconduct actions 2

filed by Federal prosecutors until mid-2012 is a result of this process

distorted environmental licensing.

Almost all actions filed by MPF and civil society organizations are

with no resolution in the Judiciary, due to: 1) undue delay in decision-making

judges of first instance, in respect of applications for an injunction; 2) conflicts of

10Disponível at: http://www6.senado.gov.br/legislacao/ListaTextoIntegral.action?id=231371

11 Convention 169 of the International Labour Organization, the American Convention, the Protocol of San

Salvador and the jurisprudence of the Inter-American human rights System

12 case No 2006.39.03.000711-8 and no. 709-88.2006.4.01.3903

13 Journal of fact Brazil. After the order of TRF1, North Energy hangs the works of Belo Monte

http://www.brasildefato.com.br/node/10423. Access in: 8/24/2012.

14 News SUPREME COURT. Belo Monte: Minister Ayres Britto grant injunction requested by AGU. Available in:

http://www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=216344. Access in: 8/27/2012

jurisdiction between the Federal Court in Altamira and the newly created 9th environmental Stick

Bethlehem, leaving the case stalled for over a year, in the decisive moment of the beginning

of works and 3) misuse the instrument of “suspension”.

In short, on behalf of a supposed “public interest” members of the judiciary have been

hurting the legal order, the fundamental rights of affected populations and the rights

Fuzzy for the sake of continuity of the works, revealing that we are facing a State of

exception that violent, with characteristics of dictatorship, the democratic State of law and

the Brazilian society as a whole.

Request for urgent action

On the serious situations above denounced, and whereas serious violations

human rights and environmental licensing-related legislation and to

construction of the Belo Monte dam, questioned repeatedly by prosecutors and by the

civil society organizations, cannot continue to be ignored by Justice

Brazilian, CALL on the authorities to take the following urgent measures:

-Trial by the Supreme Court of public Civil action over the Decree

No. 788/2005 legislative. Urge that the STF to manifest on the decision on the merits of the 5th

Class of TRF1 and enjoy Further Regimental and the opinion of the merits of the PGR on the

Complaint (Rcl 14404) overcoming the current impasse of legality and legitimacy since

origin of the project, before that Belo Monte will become a fait accompli.

-Make judgments of other public civil actions pending on bass

illegalities in Belo Monte licensing, in the face of irreversibility of damages

due to the slowness of procedures. In particular, the first instance of Justice

Federal in Belem needs to streamline decision making in the injunction on the ACPs

of the MPF which deal with: a) suspension of the installation license (READ 795) on the Nonobservance

the constraints of Belo Monte (case No. 0020224-

11.2012.4.01.3900).

Sign:

http://www.xinguvivo.org.br/wp-content/uploads/2012/10/Reivindica%C3%A7%C3%B5es-ind%C3%ADgenas-14.10.pdf

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