MPF to suspend police operation and plant studies in the Tapajos
MPF to suspend police operation and plant studies in the Tapajos
Before any licensing Act must be made in consultation with the affected populations, say attorneys
The appeal was submitted to the Federal Court in Santarém but must be assessed by the Federal Regional Court of the 1st region, in Brasilia. The 169 Convention has been signed by Brazil in 2002 and integrated into the Brazilian legal system in 2003. In accordance with decisions of the Supreme Court, has strength of constitutional amendment. But it has never been applied by the Brazilian Government, despite the many hydroelectric projects that affect traditional peoples in the Amazon.
For public prosecutors involved in the case, the armed operation that is currently taking place in the Tapajos tips any chance of dialogue and consultation as has the Convention 169. “There is no dialogue, but predisposed to confrontation. The judiciary must assert peremptorily is meant the operation proper dialogue process as the Tapajós, guided by good-faith, as prescribes the Convention 169 of the ILO. In the view of the MPF, it is clear that the operation breaks the Convention, injuring the most comezinhos human rights principles, “say prosecutors Fernando Antônio de Oliveira Jr, Felipe Bogado and Luiz Antonio Amorim Silva, of Santarém.
On appeal, the MPF requesting the reconsideration of the previous decisions of the Federal Court of Santarém. Judge Paul allowed Ab Airton call Operation continuity, despite ordering the consultation of indigenous peoples and the realization of integrated environmental assessment of the Tapajós River basin. The MPF wants review of this understanding, to suspend any act for licensing of power plants, including the military operation, while there is the query.
The Court also will analyze the application so that all of the traditional peoples of the region where the Government wants to build the power plants to be consulted, not just indigenous peoples. The high and medium coastal Tapajós are known as beiradeiros and live in one of the regions most environmentally preserved throughout the Amazon. The consultation process provided for in Convention 169 includes the identification of all traditional communities affected.
The Government claimed in the lawsuit over the São Luiz do Tapajós that can only make the environmental assessment of the impact of various power plants if you do studies in the region. With this, justified the military operation that is currently underway in the region and that, in the understanding of the MPF, can cause serious conflicts with indigenous communities. For the MPF, the query must precede any type of environmental study in the region.
“The environmental assessment carried out before the consultation process offends the Convention 169 of the ILO, since the consultation of indigenous peoples and traditional population must be in advance,” says the feature. “The Federal Government, while trying to perform hasty way the consultation process, in the potential conflict as the current, breaks the Convention 169 of the ILO and subject the State sanctions in the Inter-American Court of human rights (IACHR)”, warn.
The ILO 169 Convention determines the query where it is provided for any legislative or administrative measures that may affect indigenous and traditional populations directly. “It turns out that there are numerous legislative and administrative measures taken by public authorities, agents of the Executive and legislative branches, as well as by the entrepreneur, with the authorization of the Executive. All of them directly affect the Aboriginal peoples whose lands are threatened by overlapping of São Luiz do Tapajós. However, there was no free prior and informed consultation, to traditional and indigenous peoples affected by the measures and the actions of the project, “explains the appeal of MPF.
Here’s how it should be, for the MPF, prior consultation to the populations of the Tapajós:
“The CLPI (free and informed Prior Consultation) must embrace the indigenous populations and peoples affected by traditional São Luiz do Tapajós. Therefore, should not be restricted only to indigenous populations in a radius of 40 miles away from the exact location of the enterprise, as a aims to make the Federal Government.
Must also be listened to the indigenous peoples who, despite not being in the radius of the enterprise, they pull out their survival of the Tapajós River basin. More than that. Under the Convention 169 of the ILO, should be heard also the Riverside traditional populations, which is why the application of the MPF in this demand also encompasses the traditional populations.
It is clear that the construction of a hydroelectric power plant impacts across the water regime determined. It is indefensible to understand that this does not affect the way of life of indigenous and traditional populations living on fisheries or the exploitation of other natural resources along the Tapajós River basin.
In short, the consultation processes should serve the communities that meet the following criteria:
- the) have a relationship with the ancestral territory
- b) have its own community life with auto-governança mechanisms
- c) auto-reconhecer-se as belonging to an ethnic group recognized constitutionally
- d) Have distinct cultural and historical identity in its customs. “
Convention 169 of the ILO:
“Article 6 1. in applying the provisions of this Convention, Governments shall: a) consult the peoples concerned, through appropriate procedures and in particular, their representative institutions, whenever they are legislative or administrative measures likely to affect them directly; b) create means by which these peoples can freely participate, or at least to the same extent afforded to other citizens, at all levels of decision-making in elective institutions and administrative bodies responsible for policies and programs that affect them; c) establish appropriate means for the full development of these peoples ‘ own institutions and initiatives and, where necessary, provide the necessary resources for this purpose.
2. the consultations held in accordance with the provisions of this Convention should be conducted in good faith and in a manner appropriate to the circumstances, in the sense that an agreement or consent to the proposed measures can be achieved. “
Full feature here.
Munduruku Letter -on the morning of Thursday, April 4, the MPF received in Bethlehem a Munduruku Indians leadership, Munduruku Ryan, representative of the indigenous missionary Council (Cimi), Luiz Claudio Teixeira, representative of Eastern Amazonia Forum (SWIPING), Andy Mota, and other members of organizations that act in defence of indigenous rights. The group handed over to the State Prosecutor Ubiratan Cazetta a letter reinforcing the need for urgent Tapajós operation interruption.
“The Government is in our lands as bandits, as thieves raiding without prompting our rivers and territories to destroy the Tapajós River and explore our wealth. And is threatening to hurt or kill us if we react, “says the text. The document will be forwarded to the Attorney General of the Republic in Santarém.
Full text of letter:
“Letter from the Mundurukú people for Justice, for the Government and for the world society and the indigenous peoples on the Tapajós operation in the territory Mundurukánia
Sawré Village Muybú, Itaituba
March 29, 2013
We, indigenous peoples of middle and upper Tapajós Mundurukú we are in Sawré Muybú village to reaffirm our Alliance and say that the rio Tapajós is a just as well as the mundurukú is a people only.
We denounce that Government representatives James Garcia and Alex from the Secretariat General of the Republic and the Government all failed to comply with the commitment recorded in the minutes of the meetings of March 15, 2013. Not waited the Mundurukú leadership meeting scheduled for April 10, 2013 to say how we want to be consulted and then meet with the Government to communicate our decision.
In addition, we announce that we are being humiliated and threatened by the Armed forces of the Government operation created by the Decree of March 12, 2013 7957 that sends researchers invade our lands along with the Federal Highway police, the Federal Police, the army and the National Force because of the dams of the Tapajós. We denounce that the armed forces are scattered on the rio Tapajós on the Transamazon Highway and bulldozing our land and threatening people from navigating our rivers and circularmos freely on the roads in our lands and villages.
We cannot fish, working, bathing in the River, hunting, walking freely and live our lives.
The Government is in our lands as bandits, as thieves raiding without prompting our rivers and territories to destroy the Tapajós River and explore our wealth.
And is threatening to hurt or kill us if we react.
The Government is also trying to divide our people Mundurukú to conquer and destroy the Tapajós River, but the River Tapajós splits and not the people nor Mundurukú is divided.
Nothing that the Government has paid all the wealth we have.
We will not sell our river and territory, our people, our history or the future of our children.
Helicopters and boats are circulating by river and by air since March 27, 2013 (videos). The Mundurukú were intimidated by the police and federal national force and the Transamazon Highway and the Buburé Port in the Tapajos. How this bad guys are loose through the cities of Brazil.
So we require that:
All our rights questioned by Federal prosecutors in court are guaranteed. And we make the same demand of the public prosecutor of Santarém for our rights violated by the hydroelectric power plant of São Luiz do Tapajós.
We ask the MPF/PA and the Federal Court that this document is attached to the process against the dams on the Tapajós. And please be advised that we will say as we want to be consulted on all legislative and administrative measures that affect our lives, with the help of our organ and institutions we have chosen. The 169 ILO Constitution guarantees indigenous peoples the rights. Are we as we have decided we will be consulted Mundurukú, we decided how to change the life of our people.
We demand that the armed forces immediately stop to humiliate and withdraw from our lands, if that doesn’t happen we will act on our way and stop flying over our villages and rivers want to dialogue with the Government and we don’t want fights and even death have lost last November our Jimmy Kirixi relative murdered by the police in the village Teles Pirez. But we do not accept the agreement to exchange our rights by dams of Tapajos.
Finally we require the approval of all the territories and that the Government comply with these measures until April 19, 2013 that day is our day.
We ask that the Brazilian society that all indigenous peoples of Brazil and the world will join us for this cause and the Amazonia. And with the support of the people for that and for all Mundurukú the struggles of indigenous peoples on the planet. “
Scanned version of the Munduruku letter here.
Pictures of the delivery of the letter to the MPF here.