Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Brazil (Ratification: 2002)

Relocation of Quilombola communities (municipality of Alcântara, State of Maranhão). In the report received in September 2013, the Government states that, between 2003 and 2013, there were no relocations of Quilombola communities in the municipality of Alcântara. The Committee notes that the situation is subject to conciliation proceedings coordinated by the Advocate-General of the Union with a view to resolving the conflict of interests arising from the overlap between a national security area and the territory of the Quilombola communities. The Committee invites the Government to continue to provide information on the pending judicial proceedings and Federal Arbitration and Conciliation Chamber (CCAF) proceedings relating to the Alcântara space centre.

Belo Monte hydroelectric power plant (State of Pará). In its previous comments, among other points related to the construction of a hydroelectric power plant, the Committee noted that the Inter-American Commission on Human Rights (IACHR) issued precautionary measures (MC-382-10) on 1 April 2011. The Government indicates that on 29 July 2011 the IACHR modified the objective of the measures and, inter alia, ordered that steps should be taken to ensure prompt completion of the regularization of the ancestral lands of indigenous peoples in the Xingu river basin and to ensure effective protection for the aforementioned ancestral territories from invasion and occupation by non-indigenous persons, and also from the exploitation and destruction of their natural resources. In addition, the IACHR decided that the debate between the parties regarding prior consultation and informed consent with regard to the Belo Monte project had turned into a discussion of substantive matters that went beyond the issuing of precautionary measures. In the report received in September 2013, the Government also indicates that 22 court cases are in progress in relation to the Belo Monte hydroelectric project, which is evidence of the State’s vigour in protecting the rights of those who consider themselves affected by the venture. The Government also points out that the fact that none of the judicial proceedings have resulted in suspension of the project demonstrates the capacity of the state bodies for verifying the legality of the project and ensuring compliance with the law. The Government declares that none of the ten indigenous lands located in the area impacted by the project will be flooded, which implies that there will be no relocation of the peoples. The minimum monthly flow of the Xingu river will be 700 cubic metres, which would exceed the 400 cubic metres recorded over the last 80 years. The Government provides up-to-date information on the activities undertaken by the National Foundation for Indigenous Affairs (FUNAI) in relation to the isolated indigenous peoples in the Médio Xingu river area, the comprehensive health programme for the indigenous communities of the Xingu river basin, and the follow-up to the ethno-ecological studies conducted by the consortium involved in the construction of the hydroelectric dam and the various parties concerned. The Government also supplies information on progress made concerning regularization of the ancestral lands of indigenous peoples of the Xingu river basin. The Committee invites the Government to continue to provide information on the judicial proceedings in progress relating to the Belo Monte hydroelectric project. The Government is also invited to continue to supply information to enable the Committee to evaluate the steps taken to guarantee the effective protection of the rights of indigenous communities to the lands which they traditionally occupy and which are affected by the construction of the Belo Monte hydroelectric power plant (Article 14).

Mining on the lands of the Cinta Larga indigenous people. The Government provides new information on the situation in 2012 and 2013 at the Laje garimpo (informal mining site). The Committee notes that the Cinta Larga people resumed the dialogue with the authorities and joint measures were taken to ensure the safety of persons and promote the collection of natural resources. The Federal Public Prosecutor’s Office took steps to close down logging operations established on three indigenous lands. The Committee invites the Government to continue to provide information on the measures taken to protect the Cinta Larga indigenous communities. The Government is also requested to include information on the outcome of the investigations conducted by the Federal Police and the penalties imposed for proven cases of intrusion (Article 18).

Situation of the Guaraní Kaiowá peoples in the State of Mato Grosso do Sul. Guaraní Mbyá community in the municipality of Eldorado do Sul (State of Rio Grande do Sul). The Committee notes the new information provided by the Government concerning the progress made on the regularization of indigenous lands of the Pyelito Kue and Mbarakay communities in the municipality of Iguatemi (Mato Grosso do Sul). Moreover, a public safety plan was drawn up to protect the physical integrity of these communities. With regard to the events of July 2008 that caused damage to a Guaraní Mbyá community in the municipality of Eldorado do Sul, the Committee notes that in November 2011 the Federal Judge ordered the State of Rio Grande do Sul to pay compensation to the families affected. The Government indicates that the Guaraní Mbyá families were able to return to a place close to the location where they had previously established their camp. FUNAI set up a technical group with a view to identification and delimitation of the lands occupied by the abovementioned communities. The Committee invites the Government to continue to provide information on the demarcation of the lands traditionally occupied by indigenous communities in the southern region of Mato Grosso do Sul and on the results achieved by the public safety plan in ensuring the physical integrity and safety of the indigenous communities in the region. The Government is also requested to include information on the work of the technical group set up by FUNAI to deal with the situation of the Guaraní Mbyá community in the municipality of Eldorado do Sul.

Article 14 of the Convention. Demarcation and titling of lands in favour of the Quilombola communities. The Government indicates that 2,187 communities have been certified by the Palmares Cultural Foundation and 100 certificates have been issued in 2013. Certification is the first step towards guaranteeing the right to land. The land titles issued cover a total of 995,000 hectares. The Committee notes that a case is pending before the Federal Supreme Court concerning the constitutionality of Decree No. 4887/2003 of 20 November 2003, under which regulations had been issued governing the procedure for the demarcation and titling of remaining lands for the Quilombola communities. In April 2012, the Union maintained that the basis for the aforementioned Decree is Article 14 of the Convention. The Committee invites the Government to continue to provide information on the progress made towards the regularization of land titling for the Quilombola communities.

[The Government is asked to reply in detail to the present comments in 2015.]