Government launches offensive to release mining on indigenous land

In addition to increasing pressure for the approval of projects dealing with fuels, the war in Ukraine is also being used by the government of Jair Bolsonaro (PL) and the Speaker of the Chamber, Arthur Lira (PP-AL), as a pretext to accelerate the vote. of the project that releases mining on indigenous lands.

Last week, the government leader in the Chamber, Ricardo Barros (PP-PR), began collecting signatures for the urgent application. Lira intends to test support for the project at a luncheon of leaders from the base this Tuesday (8), but should have no difficulty in implementing the idea, according to deputies heard by the sheet.

Even in the opposition, which must also be heard by the president of the Chamber, the assessment is that there is little possibility of the text being barred – there would be around 150 votes against, and the project needs the support of only the majority of those present in the plenary.

The text is supported by the base of President Jair Bolsonaro and the agribusiness bench, which argues that the greatest environmental damage is the illegal exploitation of reserves, as would already occur today. With the war in Ukraine, the possible shortage of fertilizers added to the justifications used to vote on the project.

The text foresees radical changes in relation to what has been practiced for almost 50 years in the country. The proposal amends the Indian Statute, a law in force since 1973.

If Congress approves the project sent by the government in the way it was prepared, the Indian Statute should lose the article that restricts indigenous people from exploiting wealth on their lands.

“Garimping, sparking and scavenging” are activities exclusive to communities, according to the 1973 law. If the new law is passed, companies will be able to mine ores on indigenous lands.

The Bolsonaro government’s project goes further and proposes to amend a 2007 law on the cultivation of genetically modified organisms. Research and cultivation of transgenics would no longer be prohibited on indigenous lands, according to the text prepared by the Executive and sent to Congress.

Last week, Bolsonaro wrote on social media that as early as 2016 he was talking about Russia’s dependence on potassium.

“With the Russia/Ukraine war, today we run the risk of a lack of potassium or an increase in its price. Our food security and agribusiness (economy) demand from us, Executive and Legislative, measures that allow us to not be externally dependent on something we have in abundance,” he wrote.

Since the beginning of his term, Bolsonaro has defended the possibility of mining on indigenous land. In April 2019, for example, he received, in a live broadcast, a group of indigenous people who claimed the right to explore their reserves. The broader, more structured and representative associations of indigenous people are against the project.

“Whatever we can do so that you have autonomy over your entire geographic perimeter, we will do,” Bolsonaro said in the broadcast.

Presented by the government in February 2020, the text was sent by Sergio Moro, then an ally of the president and Minister of Justice and Public Security and current pre-candidate for the Presidency, and Bento Albuquerque, who remains in the position of Minister of Mines and Energy.

At the time, the proposal already faced opposition from environmentalists and the then president of the Chamber, Rodrigo Maia (without a party-RJ), who defended a broader debate on the topic before the project went to the plenary.

Now, under Lira’s command, the theme must finally be ruled. In June of last year, during the discussion of a project that changes the demarcation of indigenous lands, the president of the Chamber stated that the deputies needed to have the courage to debate the exploitation of indigenous lands.

“In the land of Mrs Joenia [Wapichana, Rede-RR] the governor told me that between 100 and 200 kilos of gold came out illegally from the indigenous land mines. Per day. And we have to keep our eyes closed here. This will continue to happen,” he said at the time.

An event scheduled for this Wednesday (9) tries to pressure Congress against the approval of texts seen as harmful to the environment. About 40 artists are expected to meet with the president of the Senate, Rodrigo Pacheco (PSD-MG), to discuss the topic.

The so-called Ato da Terra, which will take place in front of the National Congress, was convened by singer Caetano Veloso and brings together more than 230 organizations.

The text seeks to regulate mining on indigenous lands, based on two points of the Federal Constitution.

An article in the Constitution states that a law must establish “specific conditions” for research and mining of minerals on indigenous lands. Another says that Congress must approve eventual mining projects.

As there has never been such regulation, mining on indigenous lands is prohibited in practice. The text gives the President of the Republic the power to present mineral exploration projects in indigenous lands to Congress. This referral can be made even with the contrary manifestation of affected indigenous communities, “provided that it is motivated”.

Previous technical studies would not depend on congressional authorization. There would be compensation to indigenous people for the exploitation of hydroelectric energy, oil and gas mining and mining of minerals on indigenous lands. Payments would no longer occur in cases of previous studies.

“In areas where the occurrence of prospectable minerals is notorious, the prospecting zones may be defined by the ANM [Agência Nacional de Mineração] independently of a previous technical study”, states the bill.

Mineral activities may be carried out on a provisional basis, while Congress deliberates on the authorization request, “unless the President of the Republic determines otherwise.”

The bill also amends the law that creates the mining permit regime. The text overturns the fence for mining on indigenous lands.

In the opinion of Juliana de Paula Batista, a lawyer for ISA (Instituto Socioambiental), the attempt to vote on a project that will regulate impact activities on indigenous lands without a more in-depth discussion and analysis on the subject is serious and, in particular, without including indigenous people in the debate.

“The Constitution establishes that the National Congress must authorize any and all developments on indigenous lands. The project provides that Congress will only authorize approved indigenous lands, those lands that are in the penultimate phase of the demarcation process, which is long. “

For deputy Rodrigo Agostinho (PSB-SP), the government wants to release mining and is using the case of potassium as a pretext. “This will bring more violence and environmental destruction to the Amazon,” he argues.

“This subject is very delicate and needed to be debated with greater transparency”, says the deputy, who coordinates the Environmentalist Parliamentary Front.