Federal Judge Souza Prudente of the Federal Tribunal of Brazil’s Amazon region suspended all work today on the Belo Monte Dam, invalidating the project’s environmental and installation licenses.
While the project has been suspended previously on numerous occasions, and those suspensions overturned on political grounds, this latest decision could have some legs. The decision breaks down in the following way:
The federal judge ruled that no consultations were held with indigenous people prior to Congress issuing Decree 788 in 2005, which effectively approved the Belo Monte Dam. Article 231 of the Brazilian Constitution requires consultations to be held directly by the Congress prior to approval. In this case, approval was given three years before publication of the environmental impact assessment, after which consultations began.
As a result, the project’s environmental license (granted in 2010) and installation license (granted in 2011) are now considered invalid, meaning that no further work can continue on the dam.
Brazil’s National Congress must hold a series of public hearings, or consultations, with the indigenous tribes that will be affected by Belo Monte. Only after such consultations occur and are considered satisfactory, must the Congress legislate a new approval for the dam.
The government and project consortium Norte Energia, S.A. can appeal to Brazil’s Supreme Court, Brazil’s Superior Court of Justice, the President of the Federal Tribunal, and Brazil’s Attorney General, in the next 30 days. Since this is a constitutional matter, the appeal is likely to go to the Supreme Court.
In a press conference given today late in Brasil, Souza Prudente stated that “only in a dictatorial regime does a government approve a project before holding consultations.”
The decision supports the arguments that the affected tribes have been making over the lifetime of Belo Monte: tribes will face downstream livelihood impacts as a result of a reduction in the flow of the Xingu River on the 100-km stretch known as the Volta Grande or “Big Bend,” and were never properly consulted, much less gave their consent.
In the words of the decision itself,
“installation will cause direct interference in the minimal ecological existence of the indigenous communities, with negative and irreversible impacts on their health, quality of life, and cultural patrimony, on the lands that they have traditionally occupied for time immemorial. This requires the authorization of the National Congress after holding prior consultations with these communities, as deemed by law, under the penalty of suspension of the authorization, which has been granted illegally.”
Beyond the fact that the Belo Monte Dam is now considered illegal by one of Brazil’s higher courts, the fact is that Brazil doesn’t need Belo Monte. Economic rationale for the dam is based on a projected economic growth of 5% or more a year, but over the past few quarters, GDP has been lucky to grow at even a measily rate. As far as Belo Monte’s importance to Brazil’s economic race, this is really a case of the horse following the wagon.
And, as illustrated by this historic court decision, the wagon has been trampling on indigenous people and their rights, along the way.
Three engineers employed by Norte Energia, S.A (NESA), the company building the Belo Monte Dam on Brazil’s Xingu river, were detained Tuesday by Juruna and Arara tribal authorities in the remote village of Muratu after the company failed to live up to promised mitigation measures aimed at reducing the dam’s devastating impacts on local communities.
The incident occurred yesterday as Norte Energia sought to reach agreement with tribal leaders over measures to allegedly mitigate adverse impacts stemming from construction of earthen cofferdams on the Xingu river. The authorities report that the engineers are being prohibited from leaving the village but there is no use of force or violence. The dams are blocking navigation of small boats used by indigenous peoples and other local communities, especially to reach the town of Altamira, an important center for accessing markets, basic health care, education and other services.
In Tuesday’s meeting, Norte Energia representatives presented a proposal for a system for transportation of indigenous vessels around the site where cofferdams are blocking boat traffic. Tribal leaders interrupted the meeting, arguing that the proposal was ludicrous, and that such discussions would not proceed while a long list of legally required actions to mitigate and compensate the adverse impacts of Belo Monte continues to be ignored by NESA. A first phase of the earthen dams has already had negative consequences for indigenous peoples, especially on water quality and devastation of fisheries.
“Nobody understood anything that the technicians said, and they didn’t have any answers to our questions,” explained Giliarde Juruna, a leader of the Juruna tribe from the Paquiçamba territory immediately downstream from the dam. “They didn’t know how to respond when we asked them how we would bathe or how we would navigate on the river, or even how the project had changed since they presented it to us last year. In the end, the engineers agreed that our complaints were justified.”
“There was a climate of total disbelief on behalf of the tribes, since Norte Energia recognized it had yet to implement the vast majority of the legally-required measures to minimize the impacts of the project on their lands,” explained Thais Santi of the Federal Public Prosecutor’s Office in Altamira, who was an observer at the meeting. “At a certain level, even the engineers recognized that the dam is an absurdity, that the consultation was a sham, and that the mitigation projects presented by the company’s technical team didn’t make any sense,” noted Santi.
According to tribal leaders, the engineers will remain under detention until Norte Energia and government agencies have fully carried out promises to mitigate and compensate adverse impacts of Belo Monte, not only in relation to boat traffic, but also in terms of water quality, sanitation, and protection of their territories and natural resources.
On Monday, the Federal Public Prosecutors’ Office filed a lawsuit calling for the immediate suspension of the construction license for Belo Monte, granted in June 2011 by the federal environmental agency, IBAMA. Citing an abundance of evidence, including reports produced by IBAMA and municipal governments and well-documented complaints files by local indigenous leaders and NGOs, the lawsuit demands that project construction at Belo Monte be immediately halted, given the chronic non-compliance of Norte Energia with legally-required mitigation and compensation measures.
“It’s an outrage that Norte Energia has been allowed to continue construction for over a year while ignoring basic measures they are obliged to carry out in order to avoid or minimize impacts on affected communities. The developer is ignoring the impacts the project is already having on indigenous people, and in the process, running roughshod over their rights,” said Brent Millikan of International Rivers.
Last month, over 300 indigenous people from 9 tribes occupied the Belo Monte Dam construction site on the final day of the United Nations Rio+20 conference, maintaining the occupation for 21 days until Norte Energia stated it had reached an agreement with the occupiers. The tribal leaders involved in yesterday’s action claim that an agreement was never reached, and that the developer has instead created divisions among the communities.
Norte Energia consortium, while technically a “private” enterprise, is dominated by the Brazilian state-owned energy conglomerate Eletrobras. Major investments come from the public employee pension funds of Petrobras, Banco do Brasil and Caixa Econômica Federal, all entities under government control. The mining giant Vale, privatized in the mid-1990s but still highly influenced by the Brazilian government, recently purchased a 9% stake in the NESA consortium. Eighty percent of project financing for Belo Monte’s mushrooming budget, currently estimated at US$12 billion, comes from BNDES, the government-controlled development bank, financed by worker taxes and Brazilian treasury bonds.
Indigenous peoples affected by the controversial Belo Monte dam complex now under construction along the Xingu River in the Brazilian Amazon have occupied a coffer dam that cuts across channels of the river since last Thursday June 21. Warriors from the Xikrin and Juruna indigenous groups arrived from the Bacajá River and Big Bend of the Xingu River in order to occupy one of Belo Monte’s main dams and work camps, expressing dissatisfaction with the blatant disregard of their rights and the dam building consortium’s non-compliance with socio-environmental mitigation measures. The groups independently organized the action and are demanding the presence of the Norte Energia (NESA) dam-building consortium and the Brazilian government.
The occupiers come from a region of the Xingu downstream of Belo Monte that will suffer from a permanent drought provoked by the diversion of 80% of the river’s flow into an artificial dam to feed the dam’s powerhouse.
The indigenous peoples are outraged that promised actions by government-led Norte Energia – many of which constitute legal obligations of environmental licenses issued for the Belo Monte complex – have not been implemented. According to protest leaders, a program designed to mitigate and compensate impacts of the mega-dam project on indigenous peoples and their territories known as the PBA (Plano Básico Ambiental) has not been presented in local villages as promised.
The protestors also claim that a promised system to ensure small boat navigation in the vicinity of the coffer dams has not been implemented by NESA leaving them isolated from Altamira, a market for goods and the main source of healthcare and other essential services. The interruption of boat transportation along the Xingu is expected to force indigenous peoples to open up access roads to their villages, provoking further pressures from illegal loggers, land speculators, cattle ranchers and squatters.
According to the Xicrin and other indigenous leaders, the coffer dams at Pimental have already compromised water quality downriver on the Xingu due to siltation and stagnation, making it undrinkable and unsuitable for bathing. Norte Energia promised to install wells and potable water distribution systems in indigenous villages, but no such works have been carried out. The protestors at Pimental also point to the lack of legal recognition and demarcation of several indigenous territories in the area of influence of Belo Monte, such as Terra Wangã, Paquiçamba, Juruena do km 17 and Cachoeira Seca, all legal prerequisites for dam construction.
The protestors camping out at the Pimental coffer dam on the Xingu are calling for immediate suspension of the installation license for Belo Monte.
Text written by men assembled in the Bacajá village in the Trincheira-Bacajá indigenous territory declared:
Stop this and let our river run. Let our boats navigate the river. Stop this and let the river run so that our children can drink and bathe in its waters. If they build this dam the river will become ruined, its waters will no longer be good. The river will be dry; how will we be able to navigate and travel?
Let the river run so that our people can continue to hunt in the jungle so that our children and grandchildren can eat, so that the river runs freely and we can fish in the early morning to nourish our children.
Our studies were poorly completed and now you speak of a dam. We do not like this. The Basic Environmental Plan [to mitigate social and environmental impacts] has not even begun to be implemented and they are already building the dam. We do not like this. We want this Belo Monte dam to stop once and for all! (Translation by anthropologist Clarice Cohn.)
Threatened by the construction of a huge hydroelectric dam in the Amazon rainforest, Indigenous Peoples of the Xingu River Basin fight together to prevent by any means what they consider to the makings of a terrible catastrophe with global consequences.
Belo Monte, An Announcement Of War is an independent, crowd-funded, feature-length documentary about the largest ongoing construction project in Brazil and the permanent struggle to stop it. The entire film has been uploaded to the internet for anyone who wishes to view it.
While the Brazilian Government prepares to host the Rio+20 United Nations Earth Summit, 3,000 kilometers north in the country’s Amazon region indigenous peoples, farmers, fisherfolk, activists and local residents affected by the construction of the massive Belo Monte Dam project began a symbolic peaceful occupation of the dam site to “free the Xingu River.”
In the early morning hours, three hundred women and children arrived in the hamlet of Belo Monte on the Transamazon Highway, and marched onto a temporary earthen dam recently built to impede the flow of the Xingu River. Using pick axes and shovels, local people who are being displaced by the project removed a strip of earthen dam to restore the Xingu’s natural flow.
Residents gathered in formation spelling out the words “Pare Belo Monte” meaning “Stop Belo Monte” to send a powerful message to the world prior to the gathering in Rio and demanding the cancellation of the $18 billion Belo Monte dam project (aerial photos of the human banner available upon request).
Demonstrators planted five hundred native açai trees to stabilize the riverbank that has been destroyed by the initial construction of the Belo Monte dam. They also erected 200 crosses on the banks of the Xingu to honor the lives of those lost defending the Amazon.
Also this morning, hundreds of residents of Altamira held a march to the headquarters of dam-building consortium NESA. The actions are part of Xingu+23, a multi-day series of festivities, debates and actions commemorating 23 years since the residents of the Xingu first defeated the original Belo Monte dam. Residents have been gathering in the community of San Antonio, a hamlet displaced by the consortium’s base of operations and in Altamira, a boomtown of 130,000 severely affected by the dam project.
Antonia Melo, the coordinator of Xingu Vivo Movement said, “This battle is far from being over. This is our cry: we want this river to stay alive. This dam will not be built. We, the people who live along the banks of the Xingu, who subsist from the river, who drink from the river, and who are already suffering from of the most irresponsible projects in the history of Brazil are demanding: Stop Belo Monte.”
Sheyla Juruna, a leader from the Juruna indigenous community affected by the dam said, “The time is now! The Brazilian government is killing the Xingu River and destroying the lives of indigenous peoples. We need to send a message that we have not been silenced and that this is our territory. We vow to take action in our own way to stop the Belo Monte dam. We will defend our river until the end!”
Protestors and affected communities are highlighting the glaring gap between reality and the Brazilian government’s rhetoric about Amazon dams as a source of “clean energy” for a “green economy.” The Belo Monte dam is the tip of the iceberg of an unprecedented wave of 70 large dams proposed for in the Amazon Basin fueled by narrow political and economic interests, with devastating and irreversible consequences for one of the world’s most precious biomes and its peoples.
A delegation of international observers and human rights advocates including Brazilian actor Sergio Marone of the Drop of Water Movement came to witness and lend visibility to the actions.
Slated to be the 3rd largest hydroelectric project in the world, Belo Monte would divert 80 percent of the Xingu River’s flow through artificial canals, flooding over 600 square kilometers of rainforest while drying out a 100-kilometer stretch of the river known as the “Big Bend,” which is home to hundreds of indigenous and riverine families. Though sold to the public as “clean energy,” Belo Monte would generate an enormous amount of methane, a greenhouse gas 25-50 times more potent than carbon dioxide.
