MPF draws on STJ: consulting the Indians have to precede any decision on power plants in the Tapajos

MPF draws on STJ: consulting the Indians have to precede any decision on power plants in the Tapajos

 

Appeal requests reconsideration of the Supreme Court decision and if the decision is maintained, which is forwarded to the Special Court             

5/23/2013 to 5:46 pm     

tapajo2

         

  

The Federal Public Ministry (MPF) appealed against (further regimental) requesting the reconsideration of the decision of the Superior Court of Justice (STJ) which suspended an injunction of the Federal Regional Court of the 1st region (TRF1). The injunction prevented the realization of the so-called Operation, in the region of the middle and upper rio Tapajós (MT), to ensure feasibility research of Tapajós hydroelectric complex. If the decision is maintained, the MPF requests that the appeal be forwarded to the Special Court of the Supreme Court to be enjoyed.
With the suspension of the injunction by the SUPREME COURT, the feasibility studies can continue, while the indigenous communities involved will be consulted. However, as required by the Convention 169 of the International Labour Organization (ILO), ratified by Brazil, this query to the indigenous peoples of the region must be conducted before the implementation of the project and not in the research phase, as authorized the SUPREME COURT. “That’s because the ticket on Indian land, without prior consultation, whether by private individuals or State agents, with a reasonable time period for stay and play activities that alter the environmental balance, interferes directly in the routine of the Indians, going so far as to set up, in some cases, a real aggression”, says the Deputy Attorney-General Augusto Aras, author of regimental further requesting the reconsideration of the decision of the Supreme Court.
For the MPF, that is attempting to make hasty and disorganized manner the consultation process, in compliance with the rules laid down by the ILO Convention. The argument that there is urgency in the implementation of the project in the face of growing energy demand does not deserve support, according to the MPF, since the process of environmental licensing of hydroelectric complex Tapajós began in 2009 and studies only began to be developed in 2012. In these three years, no action was taken so that indigenous communities were heard about the venture.
In the understanding of the Federal Public Ministry, possible damage to the economy and public order will be a result of mismanagement of the Union, of the National Electric Energy Agency (Aneel) and by Ibama. “In addition to blatant disregard fundamental rights granted to Indians by the Constitution of the Republic, the procedure adopted by the Union, by Aneel and by Ibama contradicts the Convention 169 of the ILO, by subjecting the State to sanctions of the Inter-American Court of Human Rights”, argues Augusto Aras.
What does the ILO – article 6 of the Convention 169 of the International Labour Organisation (ILO) establishes the need for prior consultations with indigenous peoples on what legislative or administrative measures which may affect them directly. The consultations “should be conducted in good faith and in a manner appropriate to the circumstances, no sense that an agreement or consent to the proposed measures can be achieved.”
the full resource~ http://noticias.pgr.mpf.gov.br/noticias/noticias-do-site/copy_of_pdfs/pdf-tapajos.pdf
 Department of Communication Attorney General of the Republic Tel: (61) 3105-6404/6408

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