Time frame: project has gap for mining and roads – 05/29/2023 – Daily life

The Chamber of Deputies may vote this week on the bill for the time frame, extending the series of defeats for environmental policy that the government of President Luiz Inácio Lula da Silva (PT) suffers in Congress.

In addition to instituting the framework thesis, the text of the proposal, if approved, creates provisions that make the exploration of natural resources and undertaking projects within indigenous lands more flexible.

Environmentalists and the indigenous movement criticize the project and see loopholes to allow mining, agricultural activity, opening of highways, power transmission lines or installation of hydroelectric plants, in addition to contracts with the private and non-indigenous initiative for undertakings.

Sector entities also understand that the proposal hinders the process of demarcating territories, voids consultation with indigenous people and reduces the instruments for protecting isolated indigenous people.

During his participation in this year’s Terra Livre Camp, when he signed the demarcation of six new indigenous lands, Lula also raised a banner against the landmark.

As shown to Sheetthe bill for the timeframe advanced as a strategy by the mayor, Arthur Lira (PP-AL), to anticipate the judgment of the STF (Federal Supreme Court) on this topic.

The landmark thesis, defended by the Agricultural Parliamentary Front, establishes that indigenous lands must be restricted to the area occupied by the peoples on the date of enactment of the Federal Constitution of 1988.

The indigenous people refute the idea and argue that, according to the Constitution, they are entitled to their original territories, which are not restricted to a certain date.

Lira and the ruralist caucus are trying to move forward with the proposal via the Legislature before the Supreme Court trial, scheduled for June. At Court, the tendency is for the thesis to be refuted.

The urgency of the time frame bill was approved last Wednesday (24), on the same day that Congress imposed defeats on the environmental policy of ministers Sônia Guajajara (Indigenous Peoples) and Marina Silva (Environment).

On the occasion, parliamentarians advanced with the provisional measure that dehydrates the two folders and with the bill that loosens the protection of the Atlantic Forest and extends the amnesty for deforestation, in addition to the timeframe.

The urgency of the landmark project was easily approved by Lira, by 324 votes against 131. The government released its bench – that is, it did not guide how the base should position itself.

Indigenous leaders demand that Lula take a stand and act more strongly to prevent the agenda from moving forward. They also promise protests in Brasília and in other cities against the proposal.

Apib (Articulação dos Povos Indígenas do Brasil) and ISA (Instituto Socioambiental) published technical notes listing a series of critical points of the project.

‘USE AND MANAGEMENT OF INDIGENOUS LAND’

The text of the time frame, originally, did not deal with the thesis, but rather transferred to the Legislative Power the prerogative of demarcating territories.

Proposals were added to it that include, in addition to the framework, the possibility of carrying out undertakings and exploiting the land’s natural resources. The current version, which may still be amended, creates a chapter on “use and management of indigenous lands”.

In it, Congress will be able to authorize the exploitation of “water resources and energy potential”, “research and mining of mineral wealth”, gold mining provided that “permission for gold mining is obtained” and “installation in indigenous lands of equipment, communication networks, roads and transport routes, in addition to the buildings necessary for the provision of public services”.

The proposal also allows these undertakings to be “implemented independently of consultation with the indigenous communities involved or the competent federal indigenist agency”. And it provides that, for economic activities, “including agrosilvopastoral”, “the cooperation and contracting of non-indigenous third parties will be admitted”.

When contacted, the rapporteur for the text, Arthur Maia (União Brasil-BA), did not respond.

According to Apib’s understanding, the project “also authorizes anyone to question demarcation procedures at all stages of the process (including territories already approved), makes the indigenist policy of not contacting indigenous peoples in a situation of voluntary isolation more flexible and reformulates concepts constitutional principles of indigenous policy”.

The technical note of the articulation is signed by the lawyers Mauricio Terena and Thiago Scavuzzi de Mendonça.

The ISA says that the proposal is “one of the most serious threats to the indigenous peoples of Brazil” and “could make the demarcation of indigenous lands unfeasible”.

The institute lists seven main problems of the text, including the institution of the time frame. The technical note is signed by Juliana de Paula Batista, Mauricio Guetta and Márcio Santilli, former president of Funai (National Foundation of Indigenous Peoples).