Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C169

Observation

Direct Request

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Article 14 of the Convention. Land demarcation and titling for Quilombola communities. The Committee notes with interest that, pursuant to Resolution No. 397 of 24 July 2014, the National Institute for Settlement and Agrarian Reform (INCRA) set up a national committee as a support measure for the policy on Quilombola land regularization. In accordance with the resolution, the committee holds bimonthly meetings and together with the Quilombola seeks local alternatives to prevent, mitigate and manage disputes in Quilombola lands. In its report the Government also describes four instances of land disputes settled through conciliation and mediation to the satisfaction of all parties. Land titles accounting for just over 1,033,462 hectares have been awarded to Quilombola communities, benefiting 15,000 families in 189 territories. The Committee requests the Government to continue to report on progress made in securing the regularization of land titling for the Quilombola communities.

Guaraní Kaiowá and Guaraní Mbya peoples. Demarcation. The Government recalls in its report that there is strong resistance on the part of certain political leaders and of the non-indigenous population of the region to initiatives for the identification of indigenous peoples and to the activities of the National Foundation for Indigenous Affairs (FUNAI). This situation gave rise to various proceedings that were only concluded in 2010 through a decision by the Supreme Federal Court. The Government indicates that despite these difficulties, the analysis of the detailed report on the Ñandevapeguá indigenous lands has been completed and technical approval is awaited for the detailed reports on the anthropological and environmental aspects of the Dourados-Amambaipeguá I indigenous lands. The Committee notes the publication, on 20 July 2015, of an agreement between the Union and the State of Mato Grosso do Sul to strengthen preventive and repressive measures in areas of the Dourados and Caarapó municipalities where indigenous communities live. The Committee notes that the necessary studies were completed in order to identify and demarcate the lands of the Guaraní people in the municipality of El Dorado do Sul in the State of Río Grande do Sul. The Committee requests the Government to provide further information on the demarcation of lands traditionally occupied by indigenous communities in the States of Mato Grosso do Sul and Rio Grande do Sul. Please continue to report on the activities undertaken to ensure the security of the indigenous communities of these two States and the personal safety of their members.

Articles 6, 7 and 15. Diversion of the San Francisco River. In its report, the Government provides up-to-date information on the activities undertaken by the FUNAI and other bodies involved to protect the interests of the indigenous communities affected by the diversion of the San Francisco River (the Truká, Timbalalá, Pipipă and Kambiwá indigenous communities). The Committee notes that a decision by the Federal Supreme Court on the application regarding the constitutionality of the project is still pending. The Committee requests the Government to continue to provide information on the manner in which consideration is given to the interests and priorities of the indigenous communities affected by the diversion of the San Francisco River, and the outcome of the case before the Federal Supreme Court.

Forest exploitation. Overlap of concessions with indigenous lands. In its previous observation, the Committee asked for information on the impact on forestry activities of the National Policy for the Environmental and Territorial Management of Indigenous Lands (PNGATI), established in June 2012. In its report, the Government indicates that Act No. 11284 of 2006 excludes the possibility of granting licences for the exploitation of indigenous land and areas inhabited by local communities. Moreover, the FUNAI intervenes to defend indigenous rights where a forestry concession could potentially affect indigenous lands. The Government states that in many cases it is the presence of traditional communities or indigenous peoples that allows the conservation of biodiversity. The Government also provides information on the rehabilitation of degraded areas of the Sararé indigenous lands and on other measures envisaged to tackle unlawful logging, involving the FUNAI and training officials and indigenous persons in land protection. According to the Government, between 2012 and 2013 the deforestation of indigenous lands in the Amazon decreased by 16 per cent per year, on average. The Committee requests the Government to continue to provide up-to-date information enabling it to examine the manner in which indigenous peoples affected by forestry concessions have been consulted and participate in forestry activities under the conditions required by the Convention.

Belo Monte hydroelectric plant (State of Pará). The Government indicates in its report that in 2015 there were no court decisions ordering the suspension of work at the Belo Monte hydroelectric plant. The Government adds that the enterprise Norte Energía and the FUNAI reached an agreement, with the participation of indigenous leaders, and in addition to other measures to supplement the project, to build schools and basic health facilities for the communities that benefit from the indigenous component of the project. The Committee requests the Government to continue to report on developments in the Belo Monte hydroelectric plant project, including information on measures to ensure effective protection of the rights of indigenous communities over lands they have traditionally occupied and which are affected by the construction of the hydroelectric plant.

Cinta Larga people. Mining and unlawful logging. The Government recognizes in its report that the Cinta Larga people settled in the Parque de Aripuaná indigenous territory (State of Mato Grosso), is under pressure owing to the mining and forestry potential of its lands. The FUNAI is engaged in information-gathering, prevention and supervision activities in the indigenous lands in collaboration with the Federal Police and the Federal Public Prosecutor’s Office, while seeking the support of the members of the communities. The Committee requests the Government to continue to send information on the measures taken to ensure effective protection for the Cinta Larga indigenous people, the results of the investigations conducted by the Federal Police and the penalties applied in any confirmed cases of intrusion.

Article 16. Relocation of Quilombola communities (municipality of Alcántara, State of Maranhao). With regard to the establishment of a space industry plant liable to affect an area of approximately 3,000 hectares claimed by a Quilombola community in the municipality of Alcántara, the Government reports that legal proceedings seeking recognition of the Quilombola community identified in an anthropological report are still pending. At administrative level, the Government indicates that on 2 September 2015, at a meeting held in the Presidency’s General Secretariat, a deadline was set for the production of a timetable for the implementation and completion of works which includes the relocation of Quilombola communities that may be affected. The Committee notes that, according to the Government, the timetable must meet the requirements of the Convention. The Committee points out that when the removal or relocation of peoples is considered necessary as an exceptional measure, the Convention requires measures to be taken for their return or their compensation. It also requires measures to obtain their free and informed consent. The peoples affected must be provided with lands of quality and legal status at least equal to that of the lands they previously occupied and that is suitable to provide for their present needs and future development. The Committee requests the Government to report on the procedures followed in any instances where it was necessary to proceed with the removal and relocation of Quilombola communities in the municipality of Alcántara and on the manner in which it is ensured that full effect is given to the requirements of the Convention in these matters.