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Brazilian and foreign mining companies operating in the country said Tuesday they are against the bill sponsored by the Bolsonaro administration that foresees the opening of indigenous lands for mining projects. The companies say the issue needs a broader debate. And they are against the limited role that the bill gives to the indigenous people.
The bill establishes that the indigenous people need to be consulted on future projects on their lands, but without the power to veto them. The mining companies defend that the projects could only be put in place with the consent of the indigenous people.
The position was issued through a statement released by the Brazilian Mining Institute (Ibram), which brings together mining companies and companies that support the sector, among them giants like Vale, Anglo American, CBMM, Rio Tinto, Vallourec, Huawei, Gerdau and Votorantim.
Ibram’s president is Raul Jungmann, former Minister of Defense in the Temer administration. Mr. Jungmann took over the command of the organization recently.
The bill number 191 is making its way in the Chamber of Deputies, and it foresees the regulation of “the research and exploitation of mineral and hydrocarbon resources and the use of water resources to generate electricity on indigenous lands.”
The exploitation of indigenous lands is foreseen by the 1988 Constitution but has never been regulated.
The issue is dear to President Jair Bolsonaro and right at the beginning of his term was presented as one of the priority projects by the Minister of Mines and Energy, Bento Albuquerque, to representatives of large mining companies at an industry event in Toronto, Canada.
The discussion, however, did not move forward. It has only gained momentum now under the argument that — with Russia’s war against Ukraine and the limitations imposed on fertilizer exports from the region — Brazil could multiply its potash production if mining on indigenous lands is allowed.
The argument is not sustained by proof, since the vast majority of deposits of the mineral is not on indigenous lands. Even so, last week, federal lawmakers passed an urgency request to evaluate the proposal.
“The Brazilian Mining Institute understands that bill 191/2020, presented by the executive branch of government in the National Congress, is not appropriate for its intended purpose, which would be to regulate the constitutional provision that provides for the possibility of implementing economic activities on indigenous lands, such as power generation, oil and gas production and mining,” Ibram said in a statement.
“Since mining on indigenous lands is in the Federal Constitution, articles 176 and 231, its regulation needs to be widely debated by Brazilian society, especially by the indigenous peoples themselves, respecting their constitutional rights, and by the Brazilian Parliament.”
Ibram argues that mining can be viable in any area of the country, abiding environmental rules. But when it comes to indigenous lands, the entity adopts a stricter stance than that advocated in bill 191.
“In the case of mining on indigenous lands, when regulated, the Free, Prior and Informed Consent (FPIC) of the indigenous people is essential. FPIC is a principle provided for in International Labor Organization ILO 169 and in a series of other international directives. It established that each indigenous people, considering their autonomy and self-determination, can define their own consultation protocol to authorize activities that impact their lands and ways of life,” say the mining companies, through the Ibram statement.
The bill does not mention consent. It establishes the “procedure for hearing the affected indigenous communities,” but it does not say they have the power to say no to the project of a company that intends to exploit their lands.
In chapter 4, article 14, the project points out that: “It is up to the President of the Republic to send to the National Congress a request for authorization to carry out the activities provided for in this Law on indigenous lands.”
It continues: “The President of the Republic will consider the manifestation of the affected indigenous communities to carry out the activities referred to in the first sentence. The request for authorization may be forwarded with a manifestation to the contrary from the affected indigenous communities, provided that it is motivated.”
Although mining on indigenous land may represent new opportunities for companies, there is a view in the sector that it will only be possible to consider projects in these areas if there are transparent rules that reduce the risks of conflicts with the indigenous peoples. Another concern in the sector is that the bill may end up paving the way for mining companies that have been operating illegally for years in some indigenous lands in the Amazon rainforest – especially extracting gold and diamonds – sometimes in agreement and sometimes in open conflict with indigenous peoples.
In the note, Ibram condemned illegal mining and demanded that the activity be combated. “The preservation of the Amazon is a necessary condition for the discussions of all matters related to mining in Brazil.”
If approved by the Chamber of Deputies, bill 191 will still need to go through Senate.
Source: Valor International