Law of Mining on indigenous lands: a new attempt to protect the Indians. Special interview with Carlos Bittencourt


Law of Mining on indigenous lands: a new attempt to protect the Indians. Special interview with Carlos Bittencourt

“This project and the supposed urgency for its approval serve only to mining companies,” warns the historian.

Photo: environment. eco.br kohn.

Attempts to approve the law of Mining on indigenous lands “hurts the spirit of the Constitution. This is the first aspect that I jump in the eyes, “says Carlos Bittencourt in an interview to IHU on-line via email. According to him, the PL 1610/96, authorizing the mineral exploration in indigenous lands, cannot be “unlinked” of PEC 215, that suggests a change in article 231 of the Federal Constitution, by attributing to the National Congress the approval and ratification of the indigenous land demarcation has already approved. The two measures, scores, indicate that “we are in front of the background to the final battle against the indigenous peoples, very close to an ethnocide”.

In evaluating the possible Bittencourt, mineral exploration in indigenous lands will not bring only environmental impacts with the “destruction of natural goods“, but will involve a “cultural degradation, poison-reverse forms of being and being in the territories, the imposition of capitalist forms of relationship between employers and employees, in which are not founded the cooperative structure of the indigenous work”.

According to him, one of the main problems of the PL 1610/96 is the fact of not giving the indigenous right to give the final word on the entry of mining companies on their land, breaking the Convention 169 of the ILO which Brazil is a signatory “. In addition, emphasizes, “the project resumes a tutelary and design the indigenous question integrationist, linked to the vision of the old Protection service to indians- SPI. (…) The last word would be given by the agencies of the national institutions, such as the Senate, and consultations would be completely governed by Funai.

Carlos Bittencourt is historian and researcher of the Brazilian Institute of social and economic analyses-Ibase.

Check out the interview.

Photo: racismoambiental.net.br

IHU on-line-what do you attribute the attempt of mining law in indigenous land on the basis of urgency in the House of representatives?Carlos Bittencourt- Do not attach this urgency. The blunt question in this case would be: “the who” can assign urgency if allow mining on indigenous lands. In a Congress increasingly comparable to a casino, launch a look to the Rapporteur of the 1610/96 PL. In the elections of 2014, Deputado Édio Lopes (PMDB-RR) received, only the Vale, 350 thousand reais. Other 680 thousand of the companies investigated for bribing public entities, the Builders OAS, Andrade Gutierrez and Queiroz Galvão.

If you ask who is serving the emergency regime for the approval of mining on indigenous lands, the answer must be unified, simple, straightforward. This project and the supposed urgency for its approval serve only to mining companies.

It is true that the Government subservient power projects also benefit from the remains of this feast. However, difficult not to think of the political elites of Brazil, under the stupor of cowardice and laziness, floating in favor of the tide. Who blows the whistle more in (UN) consciousness of Vincent Lee, the Valley or a Yanomami?

IHU on-line-what are the most controversial points of the Mining Law in indigenous land and what are the major implications of this law for indigenous communities?

Carlos Bittencourt- The Constitution of 1988, to prohibit mining on Indian land, before appropriate regulation, revealed a precautionary principle. Topic so complex and delicate, would require a deeper pregnancy that was capable of performing the constituent process itself. So, in my assessment, the logic of urgency to this issue hurts the spirit of the Constitution. This is the first aspect that I jump in the eyes. Vote on the opening of indigenous lands for mining before voting the Statute of indigenous peoples is a gigantic attack the rights of these peoples.

In addition, the colonial colonizante dimension of the Bill is clear. It is impossible to assume the 1610/96 PL unlinked the PEC 215. We are on the background to the final battle against the indigenous peoples, very close to a complete ethnocide . We should not think that the entry of mining on Indigenous land be accompanied only by environmental degradation and destruction of the natural goods. Coming over the cultural degradation, poison-reverse forms of being and being in the territories, the imposition of capitalist forms of relationship between employers and employees, in which are not founded the cooperative structure of the work.

One of the main problems is that the Bill does not give Indians the right to give the final word on the entry of mining companies on their land, disregarding the Convention 169 of the ILO which Brazil is a signatory. The project incorporates a vision too overcome by the Constitution in force which is the authority of the State over the Indians and about their rights.

“Vote for the opening of indigenous lands for mining before voting the Statute of indigenous peoples is a gigantic attack the rights of these people

IHU on-line-how the PL 1610 comes to the indigenous question? What would be the participation of communities in the exploration of minerals, if the Bill were approved?

Carlos Bittencourt- As I said, the project incorporates a tutelary and design the indigenous question integrationist, linked to the vision of the ancient Indian protection service-SPI. Not based on fraternal coexistence and the promotion of Indigenous Nations rights. It is the indigenous lands as a space for generating wealth and profit and strengthens the prospect of integrating the Indians to formal and informal work processes, transforming them into capitalists buoys-cold and others are underemployed, breaking with the cooperative structure of indigenous production and justifying the misery of some indigenous villages in the absence of economic enterprises.

In this sense, indigenous participation is relegated to the final plan. The justification for the entry of mining will be a “public utility” and the “national interest”, justifications already laid down in our legal system. The decision about the mining processes would be out of the decision-making bodies of the Indian Nations; This is very clear in successive interviews, reports and exhibitions in their own Special Commission. The last word would be given by the agencies of the national institutions, such as the Senate, and consultations would be completely governed by FUNAI.

IHU on-line-what are the indigenous lands more concerned by the mining sector?

Carlos Bittencourt- The Instituto Socioambiental made good mappings of the mining interests in Indian lands-TIs. In 2013, were 4,116 focusing on 152 TIs. Have the interest to explore a diverse universe of minerals from gold, aluminum, titanium and phosphate, both through mining prospecting companies like mine. As I have no geological knowledge, can I assume that the size of the interest has to do with the size of the mining companies. Just to name a few examples, we can launch the eyes for some multinational companies that have ownership of mining requirements in indigenous lands, such as Anglo American (TI Menkragnoti...), the Vale (TI Apyterewa, TI Kayabi, TI Menkragnoti, Paraná), Anglo Gold Ashanti (TI Kayapo…), BHP Billiton ( Nhamundá-Mapuera TI…).

IHU on-line-How indigenous communities have been positioned about the Mining Law? There is consensus amongst the Indians about the implications of the adoption of this law?

Carlos Bittencourt- The indigenous organizations that know if position contrary to project. The articulation of indigenous peoples of Brazil- APIB, for example, argues that the status of Indigenous People‘s should be approved before any legal modification which affects the indigenous. This is not to say that some indigenous communities cannot be in favor of the entry of mining on their lands, establishing conditions for it, for example. It is the understanding that if not imposes very clear and concrete limits to the possibility of mining on indigenous lands, we are certainly on the final chapter of the Indian genocide.

“If we do not impose limits on the possibility of mining on indigenous lands, we will be on the final chapter of the Indian genocide

IHU on-line-what is the relationship between the Mining Law in Indian country with the new landmark of mining?

Carlos Bittencourt- The rush to approve both reveals the deep bond between them. Mining is one of the main sectors that finance the campaigns of parliamentarians of the National Congress. At the same time has been a privileged segments in the development model adopted in recent years, one of the bases, for example, the search for trade surplus. Expand the ability of Brazilian mineral exploration is one of the plans of the National Mining 2030 Plan, which set out ambitious targets for the increase in the volume of ore extracted.

IHU on-line-what are the limits of the laws of indigenous rights on the attempted approval of bills like the one proposed by the mining in indigenous areas? Why the Convention 169 of the ILO is disregarded in several Brazilian State projects?

Carlos Bittencourt- Mining is considered by the Brazilian legal system as an activity of public interest and national interest; This means in practice that it is imposed as a priority over almost all other uses of the territories. Approve mining on indigenous lands is to open the gate to a breakthrough overpowering. The existing legislation is currently fragile on mining interests, the conventions of which Brazil is a signatory, especially the ILO’s 169, are dead letters, daily flouted, front the powerful mining interests and other economic sectors. Boost colonizer, sanha anti-Indian, the thirst for land, minerals, water follows in the heart of our model. There is a need for a radical change of course if we are to stop the real ethnocide that is underway.

By Patrícia Fachin

via~ http://www.ihu.unisinos.br/entrevistas/544409-lei-da-mineracao-em-terras-indigenas-uma-nova-tentativa-de-tutelar-os-indigenas-entrevista-especial-com-carlos-bittencourt

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: