XINGU~Conciliation hearing has mandatory agreements

 

Conciliation hearing has mandatory agreements, but postpones most decisions and mitigations

Published in October 18, 2012

On Wednesday, 17, after assessing the paute non-indigenous populations claims affected by the Belo Monte dam, closed the conciliation hearing between the North Energy Company and demonstrators, ordered by the Federal Court, and that started on day 16. With that, Indians, fishermen and Riverside, which crippled the caisson of Pimental since last day 8, left the site.

The concrete support of a large number of measures demanded by protesters, however, was mostly delayed and should be defined in future meetings. Despite the discontent with the lack of concrete and immediate solutions, protesters celebrated the fact that, this time, all agreements with the Energy pass North to enforce legally, and that any breaches will be punished with a fine.

Recorded in minutes filed and sent to FUNAI, the Supreme Court and other government agencies responsible for its implementation, the North Energy commitments are mandatory before the Federal Court, explained the public defender Matt Barreto. “This is a victory. Now can no longer be breaches of agreements, as had been occurring. If breached, the company will be charged in court, “said the Defender.

Despite having vacated the caisson and signed the minutes of the hearing, indigenous leaders have said that negotiations about conditions and other obligations not fulfilled by North Energy has nothing to do with the fact that the Belo Monte dam remains an illegal labour, since the right to indigenous consultation provided for in the Federal Constitution and by the Convention 169 of the International Labour Organization (ILO), was violated by the Government. “We demand that the judiciary vote all actions against the plant, and we demand that the Supreme Court halt work until they are made the indigenous oitivas. It is important that the Court be obliged to Norte Energia meet mitigation and compensation measures, because people do Xingu are suffering too. But the judiciary also has to fulfill its obligation to ensure the laws and for our rights, and what is right is right: Belo Monte is illegal, “said Xipaya Juma. The indigenous claims about the legal aspects and not fulfilling by Funai were removed from the agenda of the hearing.

Below is the summary of the main decisions of the meeting:

Indian tariff escalations

-On the creation of the Committee monitoring the conditions and compensation programmes of the Belo Monte HYDROELECTRIC POWER PLANT: the issue will be discussed again at a meeting in the day October 30, 2012.

-About problems with communication and transmission path in the villages (non-installed radios work properly): was submitted that until the day 30, at the meeting of the follow-up Committee of the constraints, will be presented the measures that will be adopted to improve communication.

-About the Surveillance plan and Emergency Monitoring for all indigenous lands (TIs): according to the natives, the construction of the bases for the protection of villages are with their time limits all losers.It was set that by the end of November 2012 allTerritorial protection units (UPTs) will be surveyed in conjunction between FUNAI and Norte Energia, and until March 2013 will be contracted companies for the construction and purchase of equipment. The company will have four months to finish building all UPTs, that will have to be delivered until July 2013.

-On the construction of schools, health clinics and other infrastructure works in basic environmental Plan (PBA): Norte Energia recognizes that made a mistaken interpretation of the PBA, and that the Operating Plan not contemplated all actions (health, education and infrastructure) for all affected villages.It was defined that the Executive projects of the works must be delivered until April 2013 and the works will begin in May.

-Onenergy projects, water supply and sanitation: was forwarded to be made within the PBA for all villages. About the energy project, North Energy has pledged to start the diagnosis in February 2013 in all villages. About projects for water supply and sanitation, North energy try to fulfill the same timeline of construction of schools and health clinics.

Referrals from other stricken communities tariff

On day 17, the conciliation hearing was resumed under the command of Federal Proxies Parwin Uchoa Cavalcanti (President the audience) and Erika dartnell, with reading of tariff bordering on the immediate relocation of families from areas of the construction site of the Pimental, from explosions and uncertainty, and the difficulty in transportation.

It was agreed by the public defender and the North energy, being proven impacts on coastal families, these will be moved. On October 23, a step consisting of a representative of the North (with decision-making power), technicians, representatives of the public defender of Altamira, local residents, a FUNAI representative, should analyse the conditions and impacts.

On the demand for the recognition of the territories of traditional peoples fair compensation, and Riverside was forwarded to the Office of the public defender and the Prosecutor they will officiate the North energy to convene a meeting to discuss the situation of traditional peoples affected by the work.

On fishing of endangered species and protected by Ibama, whose release is being claimed on the basis of fish kills caused by works of Belo Monte: an analyst with IBAMA, along with the Federal Prosecutor, must send a conciliatory hearing report with the request of the bordering to IBAMA, and send a copy of the report to the Public Defender’s Office until October 19, 2012. The Public Defender’s Office will follow referrals from that report.

On the rights and claims the pilots of flight, which are already losing passengers and have difficulty navigating through the Xingu with his bus, a meeting was scheduled for the day October 31, 2012 to discuss the condition of suffering and financial compensation.

On the decline of the fish and the fishermen’s financial losses, the North Energy denied that there are impacts on the industry and on the fish fauna – at this point, a fisherman reported that worked 17 days for the company Biota and witnessed the deaths of more than 500 pounds of fish in just a caisson, which would not have been communicated to the IBAMA. Was forwarded to be made a joint audit with the fishermen, technicians appointed by fishermen, IBAMA technician, and North technical energy in places where fishing is being affected by the work, for verification of the impacts, on November 7, 2012. During the inspection, the delivery period shall be laid down in the report.

On the financial compensation to ensure the continuity of the work of fishermen and pilots of flight, since the river where take sustenance no longer offering working conditions, it was defined that this matter will be handled from October 31, 2012 day meetings with the pilots of flight, and the joint survey of fishermen with Norte Energiawho will fund this discussion.

to read the minutes in full visit the site ~

http://www.xinguvivo.org.br/2012/10/18/audiencia-de-conciliacao-tem-acordos-mandatorios-mas-posterga-maioria-das-decisoes-e-mitigacoes/

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