Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes with regret that the Government’s report does not contain information on the matters raised in its previous direct request. The Committee trusts that the next report will contain full information on each of the following points.

Article 2(2)(b) of the Convention. Measures to promote the full realization of the social and economic rights of indigenous and tribal peoples. In its previous comments, the Committee noted the information concerning the Bolsa Familia, a direct income transfer programme for families living in poverty and extreme poverty with access to education and health services. It noted that a cooperation agreement had been concluded with the National Indigenous Peoples Foundation (FUNAI) to include indigenous and Quilombola families in this programme and support them. The Committee requested information on the impact of the programme on the realization of the social, economic and cultural rights of indigenous peoples, and on how they were involved in the development of the programme. The Government indicates that in 2018, 114,903 indigenous families were beneficiaries and that the programme improved the living conditions of many indigenous communities and provided better access to health and education services. The Government indicates that, following ethnographic studies conducted in indigenous communities, a report was issued on the implementation of the programme among indigenous peoples in various indigenous communities and the situation was evaluated with their participation, with a view to proposing adjustments to local management to ensure that indigenous peoples receive a better-quality service. For example, more flexible rules have been introduced with regard to the documents required to register members of indigenous communities in the Single Registry for Social Programmes. The Committee welcomes the inclusive approach adopted to ensure that the specific features of indigenous and tribal peoples are taken into account for their coverage by the Bolsa Familia programme. The Committee requests the Government to continue providing information on the number of indigenous and tribal families covered the Bolsa Familia programme and the extent to which their inclusion has had an impact on their access to the health and education services available to them.

Articles 7 and 15. 1. Diversion of water from the São Francisco River. The Committee notes the detailed information provided by the Government on the hydraulic project, the completion of environmental impact studies and the social and environmental programmes planned and budgeted for in the context of the implementation of the project. The Committee requests the Government to indicate how the indigenous and tribal peoples concerned participate in the formulation and implementation of these programmes which may affect them. Please also indicate how cooperation with indigenous and tribal peoples is ensured with regard to measures taken to protect and preserve the environment of the territories they inhabit.

2. Belo Monte hydroelectric plant (Pará State). The Committee previously requested the Government to continue providing information on developments in relation to the Belo Monte hydroelectric plant project, including information on the measures taken to ensure the effective protection of the rights of the indigenous communities affected by the construction and operation of the hydroelectric plant. The Government indicates that, in 2015, a cooperation agreement was concluded between FUNAI and the enterprise Norte Energia concerning the implementation of the plan for the territorial and environmental protection of the indigenous lands of Médio Xingu. As part of the process of granting a licence for the hydroelectric plant, consultations were held with the indigenous communities affected, coordinated by the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) and supported by FUNAI, involving all the peoples from the 11 indigenous lands affected. A considerable number of meetings and public hearings were held with indigenous communities and the measures proposed by indigenous communities were taken into account in the Basic Environmental Project for Indigenous Communities (PBA-CI). The Government considers that the consultation is an ongoing process in which communities are provided with information and support, to ensure that they participate effectively and to enable them to express their views on the project and its impact. The PBA-CI is composed of a management plan and ten programmes, including an institutional capacity-building programme for indigenous organizations. The Government indicates that the foundations are being laid to mitigate and compensate for the impacts with the communities affected and to promote their involvement and participation in decision-making bodies. The Committee further notes that in September 2019, a first conciliation hearing was held by the Conciliation and Arbitration Chamber of the Office of the Attorney-General of the Union (AGU). The conciliation was undertaken as part of the public civil action brought in 2004 by the federal prosecution service concerning the impact of the construction of the plant. The parties reached two agreements that will serve as a basis for further discussions; they agreed on the establishment of an oversight committee for the PBA-CI and that the enterprise would audit the damage caused by the plant to all the indigenous peoples of Médio Xingu, with a view to paying compensation. The Committee requests the Government to provide information on the results achieved in the context of the conciliation process, and particularly the results of the audit and the manner in which indigenous peoples are compensated. Please also continue providing information on the manner in which indigenous peoples participate in the implementation of the PBA-CI project and associated programmes.

3. Cinta Larga people. Illegal mining and logging. Regarding the need to protect the indigenous people of Cinta Larga, settled in the indigenous lands of Parque do Aripuanã (State of Mato Grosso), from intrusion by third parties on their lands, the Government refers to a number of monitoring activities carried out by the Territorial Control General Coordination Office (CGMT), under the Territorial Protection Department of FUNAI, to prevent and monitor intrusions, illegal logging or any other degradation. The Government indicates that the situation remains difficult and that there is a long and recurrent history of illegal practices. Consequently, sustained action is needed to protect territories on a continuous basis to limit such practices. The Committee requests the Government to continue taking all the necessary measures to ensure the protection of the rights of the indigenous people of Cinta Larga to the lands that they traditionally occupy, as well as their resources. It requests the Government to provide information on the means available to the CGMT to carry out monitoring activities and to specify whether the public prosecution service and/or the police participate in these activities. Recalling the importance of combating impunity, the Committee requests the Government to provide information on judicial proceedings initiated against persons who illegally enter the lands and exploit the resources of the lands of the people of Cinta Larga and any convictions handed down.

Articles 26 and 27. Education. The Committee notes that the thematic programme for the protection and promotion of the rights of indigenous peoples recalls, in its introduction, that the access of indigenous peoples to differentiated and high-quality education at all levels is the responsibility of the Union and the federal states, which are required to develop specific programmes for indigenous school education. According to this document, the approach to indigenous school education consists of one-off, sporadic measures without dialogue with indigenous peoples; the training courses available for teachers are precarious and curriculums and schedules are not adapted to indigenous schools; and the rate at which schools are being built and specific teaching materials are being developed is low. The Committee requests the Government to take the necessary measures to ensure that members of indigenous and Quilombola peoples have access to high-quality education at all levels and on an equal footing with the rest of the national community, and to develop education programmes with these peoples. Please provide statistical information on school attendance rates among indigenous children at the primary, secondary and higher levels, as well as on school drop-out rates, where possible disaggregated by ethnic group, gender and age.