Mining company needs to compensate indigenous people for mining damage – 12/28/2023 – Environment

The Federal Court in Mato Grosso ordered a mining company that explored an area neighboring the Sararé Indigenous Land to compensate the indigenous people for damages caused to the territory. The action of Mineração Santa Elina, described in the sentence, dates back to the cycle of illegal mining in the region in the 90s — and may help explain the interest of miners in the area, which is experiencing a new cycle of exploration.

In the third chapter of the series of reports “Siege of Villages”, published on the 19th, the Sheet showed that illegal mining not only surrounds villages in the small Nambikwara territory in Mato Grosso, but also the Funai (National Foundation of Indigenous Peoples) surveillance post, reopened in the territory two years ago.

Sararé land was the second territory with the most mining alerts in 2023, at the beginning of Lula’s (PT) current administration. The first was the Kayapó land, in Pará, taking into account data from January to September. The difference is that Sararé has 67 thousand hectares, and the Kayapó land has 3.3 million hectares.

Around 2,000 invaders operate every day in mines in Sararé land, which are true invasions, with restaurants, brothels, shacks and camps. Isolated inspection operations are unable to contain the advance of miners in their search for gold.

Illegal mining involves forms of devastation not seen in other invaded territories. In addition to hydraulic excavators, rafts and dredgers, miners use explosives to open tunnels in Serra da Borda, which is in indigenous land, and motor mills to mine blocks of stones detached from the mountains.

In the early 90s, the Sararé Indigenous Land experienced a gold rush, with around 5,000 invaders. That was when the surveillance post was built, to be closed later, until reopening in 2021.

It is at the beginning of the 90s that the MPF (Federal Public Prosecutor’s Office) took legal action against illegal mining in the region. The initial public civil action dates back to 1992.

The sentence by federal judge Tainara Leão, from a federal court in Cáceres (MT), was handed down in April 2023. In August, the same magistrate rejected appeals — embargos for clarification — against the decision, which also orders the removal of invaders.

The conviction for illegal mining on Sararé land affected Mineração Santa Elina, a cooperative of miners, Funai (National Foundation of Indigenous Peoples) and the Union.

According to the court decision, Funai was silent regarding the inspection of the area, “even though it was aware of the facts surrounding the reserve.” The omission contributed to the situation becoming more serious, according to the sentence. There were failures by the Union in the destruction of watercourses by mining, the action pointed out.

Funai did not respond to the report’s questions.

In the case of the mining company, there was an agreement between the company and a miners’ cooperative, which allowed mineral exploration within a tantalum research area, as stated in the decision.

“It turns out that, with the mining activity, there was serious and irreparable damage to the ecosystem”, cites the action accepted by the judge. “The responsibility of Mineradora Santa Elina is also verified, as it signed a pact authorizing mineral exploration in an area reserved for it, without establishing an effective mechanism to control the activity”, said the judge.

Thus, mineral exploration extended “indiscriminately” to indigenous land. “The responsibility of the defendants – action and omission – for recomposing the environmental damage caused remains evident”, pointed out the judge, who cited the occurrence of a “chaotic situation” with “hundreds of miners” within the traditional territory.

In a statement, Santa Elina stated that the area “was never under its control” and that it “never granted miners any type of authorization for the irregular extraction of minerals.”

“The company has never carried out mining exploration in the area neighboring the Sararé land or the Nambikwara land. Mineração Santa Elina does not have operations in Mato Grosso”, the note cites. The company has never mined on indigenous lands, he said.

Prospectors invading the Sararé land often say that “anywhere gives gold” in the territory, as there is a mining company next door.

Indigenous people often refer to the mine as Santa Elina. The company stated that the mine belongs to Mineração Apoena.

The directors of the two mining companies are part of the same group, Aura Minerals. “The mine is not installed in an indigenous area, according to permits issued by the authorities,” said the Aura group, in a statement. “Mineral research is being carried out at the mine, as well as care and maintenance.”

The sentence requires compensation and accountability for damages caused to the environment and indigenous communities, due to deforestation to open mines in the Sararé Indigenous Land.

A new cycle of invaders is underway, fueled throughout 2023. Among the miners and mining logistics operators, there are invaders who previously operated in territories such as the Yanomami, in Roraima, and the Mundurucu, in Pará.

Mineração Santa Elina has a history of irregularities in mineral exploration. Ibama (Brazilian Institute of the Environment and Renewable Natural Resources) has already embargoed four areas of the company, in 2004, 2009, 2011 and 2016.

According to data from Ibama, 2 of the 4 embargoes —in areas of Amazon forest in Nova Lacerda (MT) and Paranaíta (MT)— were due to “research, mining or extraction of mineral resources without the competent environmental license or in disagreement with the same”. Mining companies linked to the Santa Elina group made successive requests to explore minerals on indigenous lands.

The company did not respond to questions about the embargoes and requests for mineral exploration in traditional territories.