by Deep Green Resistance News Service | Aug 14, 2012 | Indigenous Autonomy, Lobbying
By Zachary Hurwitz / International Rivers
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.
From International Rivers: http://www.internationalrivers.org/blogs/258/belo-monte-dam-suspended-by-high-brazilian-court
by Deep Green Resistance News Service | Jul 26, 2012 | Colonialism & Conquest, Mining & Drilling
By Rhett Butler / Mongabay
A directive signed Monday by Brazil’s Solicitor-General could hamper the efforts of indigenous tribes to win government recognition of their traditional lands, reports Survival International, a human rights group focused on native peoples.
The directive “opens up all indigenous areas to mineral, dams, roads, military bases and other developments of ‘national interest’ without the need to consult with or address concerns of indigenous peoples”, according to an expert familiar with the directive who asked to remain anonymous. It also restricts demarcation of new indigenous territories.
Survival International called the move “disastrous” citing the plight of the Guarani tribe, some members of which are waiting “in roadside camps or overcrowded reserves” for their ancestral lands to be mapped and allocated.
“This directive puts our survival in extreme danger,” Survival International quoted a Guarani spokesman as saying. “We are being ignored as human beings, as the first occupants of this land. It is the start of the extermination of indigenous people.”
According to the indigenous lands expert reached by mongabay.com, the directive was originally intended to overcome issues in implementing the Raposa/Serra do Sol indigenous area in the northern Brazilian state of Roraima, but the powerful ruralista bloc in Congress pushed to apply the directive to all indigenous areas. The ruralistas also successfully pushed for a weakening of the country’s Forest Code, which mandates how much forest landowners are required to protect, earlier this year. (The final version of the Forest Code is pending).However outcry over the directive on Wednesday led Brazil’s Public Prosecutors’ Office to suspend the measure pending a court ruling on the issue. Survival International and several Brazilian indigenous organizations have called for the directive to be revoked entirely.
The directive was passed only a month after an association of more than 1,200 tropical scientists convening at the annual meeting of the Association for Tropical Biology and Conservation sounded the alarm on the potential development.
Indigenous territories cover roughly 22 percent of the legal Brazilian Amazon. Areas managed by indigenous groups have lower deforestation rates than unprotected forests.
by Deep Green Resistance News Service | Jul 25, 2012 | Defensive Violence, Indigenous Autonomy
By Amazon Watch
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.
From Amazon Watch: http://amazonwatch.org/news/2012/0725-amidst-broken-promises-indigenous-authorities-detain-belo-monte-dam-engineers
by Deep Green Resistance News Service | Jul 2, 2012 | Colonialism & Conquest, Indigenous Autonomy
By Gethin Chamberlain / The Guardian
A fierce row has broken out over a controversial plan to drive a road through pristine Amazon rainforest, imperilling the future of some of the world’s last uncontacted tribes.
The 125-mile (200km) road would pass through the Alto Purús national park in Peru, connecting a remote area to the outside world but opening up the most biologically and culturally important area of the upper Amazon to logging, mining and drug trafficking. Opponents of the plan fear it will threaten the existence of uncontacted tribes such as the Mashco-Piro. The first detailed photographs of members of the tribe made headlines around the world earlier this year after they were spotted on a riverbank.
The majority indigenous population of the region appears to be largely united in its opposition to the road, which would run parallel to the Brazilian border, connecting the towns of Puerto Esperanza and Iñapari. Conservationists warn it would cause irreparable harm to the environment and the area’s people.
But the road has the support of many mixed-race settlers – or mestizos – who make up roughly one fifth of the region’s population. With the Alto Purús currently accessible only by plane, they believe that the road would improve their quality of life, bringing lower prices for fuel and food and creating profitable development opportunities.
The campaign to build the road has been led by an Italian missionary, Miguel Piovesan, who claims that indigenous people are being kept isolated and denied the chances for development available to the rest of the population. He first proposed the road in 2004, around the time the Peruvian government announced that the Alto Purús was to become the country’s largest national park.
Piovesan’s plan’s met with little initial enthusiasm, but his long and determined campaign, using his own radio station and parish website, has been so successful that the country’s Congress is now due to debate a bill to allow construction to start. Piovesan has been scathing about his opponents, particularly international organisations such as Survival International and the WWF, which he accuses of profiting from keeping the tribes in isolation.
“These international organisations gain money because they present themselves as the saviours of the Indians, this is what it’s all about. So if the Indians evolve, they [the NGOs] lose their business,” he said on a recent radio show. Last week he told the Observer that the reality was that the indigenous people were being kept in a condition of “captivity and slavery incompatible with the true ecology”.
But Piovesan’s opponents suspect that he is more interested in gaining access to potential converts for his church. Reports from Peru say that he has denied the existence of the uncontacted tribes. The main indigenous organisation in Puerto Esperanza, Feconapu, has demanded that the Vatican remove the priest, accusing him of insulting and humiliating the native population.
One indigenous leader, Julio Cusurichi, warned that building the road would amount to “ethnocide” of the uncontacted tribes. According to the last census, in 2007, there are only about 3,500 people living in the region, including eight known tribes and an unknown number of uncontacted Indians living in the Madre de Díos territorial reserve. The 6.7m-acre national park is also home to wildlife including jaguar, scarlet macaw and giant river otter.
The Upper Amazon Conservancy, which works with the indigenous population, has been one of the most vocal critics of the road. Its director, Chris Fagan, accused the road’s supporters of short-sighted greed and said the majority of the population were vehemently opposed.
“They depend on the forest and rivers for daily sustenance. They see the highway as just the latest example of mestizo greed and exploitation – of rubber, their religion, animal skins, mahogany, and now a highway accessing their homelands,” he said. “It will ruin one of the wildest and culturally important places on Earth. Will reason or greed prevail?”
Read more from The Guardian: http://www.guardian.co.uk/world/2012/jul/01/amazon-highway-peru-tribes-risk
by Deep Green Resistance News Service | Jun 27, 2012 | Biodiversity & Habitat Destruction, Colonialism & Conquest, Indigenous Autonomy, Obstruction & Occupation
By Amazon Watch
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.)
From Amazon Watch: http://amazonwatch.org/news/2012/0623-amazonian-indigenous-peoples-occupy-belo-monte-dam-site
