Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Brazil (Ratification: 2002)

The Committee repeats the content of its direct request adopted in 2019 which read as follows.

Articles 2 and 7 of the Convention. Coordinated and systematic action. The Committee notes the adoption of the Thematic Programme for the Protection and Promotion of the Rights of Indigenous Peoples included in the federal Multi-year Plan of Action (PPA 2016–2019). It notes that the programme is divided into five main themes, namely: promotion of social, cultural and citizens’ rights; promotion of land and environment management in indigenous lands; guarantee of full ownership of the lands; preservation and promotion of the cultural heritage of indigenous peoples; and promotion of access to health services. Each of these themes has specific targets to achieve and initiatives to develop. The Committee notes that the PPA 2016–2019, in the part describing country context, recognizes that one of the greatest challenges for the indigenous policy of Brazil is to better integrate actions at different levels and improve synergies between them. The Committee requests the Government to provide information on the implementation of the Thematic Programme for the Protection and Promotion of the Rights of Indigenous Peoples, indicating the measures taken in order to achieve the targets set. Please indicate whether evaluations on the implementation of the programme and the results achieved have been carried out, and on the manner in which indigenous and tribal peoples participated.

Article 2(2)(b). Measures to promote the full realization of the social, economic and cultural rights of indigenous peoples. In its previous comments, the Committee noted the information concerning the Bolsa Familia, a direct income transfer programme which benefits families throughout the country in situations of poverty and extreme poverty with access to education and health services. It noted that an agreement was concluded with the National Indian Foundation (FUNAI) to include indigenous and Quilombola families in this programme and support them. The Committee requested information on the impact of the programme on the full realization of the social, economic and cultural rights of indigenous peoples, and on how they were involved in the development of the programme. The Government indicates that in 2018, 114,903 indigenous families (almost half) were beneficiaries and that the programme had made it possible to improve the living conditions of numerous indigenous communities and to provide better access to health and education services. The Government indicates that, following ethnographic studies conducted in indigenous communities, a report on programme implementation among indigenous peoples was presented to the various indigenous communities and the situation was evaluated with their participation, with a view to proposing adjustments at the local level so that indigenous people are provided with more appropriate treatment. Thus, for example, rules that are more flexible have been introduced with regard to the documents required to register members of indigenous communities in the Single Registry for Social Programmes. The Committee welcomes the inclusive approach adopted to ensure that the particular features of indigenous and tribal peoples are taken into account so that they can become part of the Bolsa Familia programme. The Committee requests the Government to continue to provide information on the number of indigenous and tribal families that are part of the Bolsa Familia programme and the extent to which their inclusion has had an impact on their access to the health and education services available to them.

Articles 7 and 15. 1. Diversion of water from the São Francisco river. The Committee notes the detailed information provided by the Government on the hydraulic project, the completion of environmental impact studies and the social and environmental programmes planned and budgeted for in the context of implementing the project. The Committee requests the Government to indicate how the indigenous and tribal peoples concerned participate in the development and implementation of these programmes when they may be affected by them. With regard to the measures taken to protect and preserve the environment of the territories they inhabit, please indicate how the cooperation of indigenous and tribal peoples is ensured.

2. Belo Monte hydroelectric plant (Pará State). The Committee requested the Government to continue to report on developments in the Belo Monte hydroelectric plant project, including information on measures taken to ensure the effective protection of the rights of indigenous communities affected by the construction and activities of the hydroelectric plant. The Government indicates that in 2015, a cooperation agreement was signed between the FUNAI and the enterprise Norte Energia concerning the implementation of the Plan for the Territorial and Environmental Protection of the Indigenous Lands of Médio Xingu. As part of the process of granting a licence to the hydroelectric plant, consultations coordinated by the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) and supported by the FUNAI were held with the indigenous communities affected, concerning all of the villages in the 11 indigenous lands affected. A considerable number of meetings and public hearings with indigenous communities have been held and the measures proposed by indigenous communities have been taken into account in the Basic Environmental Project for Indigenous Communities (PBA-CI). The Government considers the consultation to be an ongoing process in which communities are provided with information and support in order to ensure that they participate effectively and enable them to express their views on the project and its impact. The PBA CI includes a management plan and ten programmes, including an institutional capacity-building programme for indigenous organizations. The Government indicates that the foundations have thus been established to mitigate and compensate for impacts on affected communities and to promote their involvement and participation in decision-making spaces.

The Committee further notes that in September 2019, a first conciliation hearing was held before the Conciliation and Arbitration Chamber of the Office of the Attorney-General of the Union (AGU). Conciliation forms part of the public civil action brought in 2004 by the federal prosecution service concerning the impact of the construction of the plant. The parties reached two agreements that will serve as the basis for further discussions; they agreed on the creation of an oversight committee for the PBA-CI and that the enterprise would audit the damage caused by the works to all indigenous peoples of Médio Xingu, with a view to the payment of compensation. The Committee requests the Government to provide information on the results achieved in the context of the conciliation process, in particular on the results of the audit and the manner in which indigenous peoples are compensated. Please also continue to provide information on the manner in which indigenous peoples participate in the implementation of the PBA-CI project and associated programmes.

3. Cinta Larga people. Unlawful mining and logging. With regard to the need to protect the indigenous people of Cinta Larga, established on the indigenous land of Parque do Aripuanã (State of Mato Grosso), from intrusion by third parties on their lands, the Government refers to a number of monitoring visits carried out by the Office for the Coordination of Territorial Control (CGMT), which is linked to the territorial protection department of the FUNAI, to prevent and monitor intrusions, illegal timber extraction activities or any other damage. The Government indicates that the present context remains difficult and that there is a long and recurrent history of unlawful practices. Consequently, sustained action is needed to protect territories on a continuous basis and limit such practices. The Committee requests the Government to continue to take all necessary measures to ensure the protection of the rights of the indigenous people of Cinta Larga to the lands that they traditionally occupy, as well as their resources. It requests the Government to provide information on the means available to the CGMT to carry out monitoring activities and to specify whether the public prosecution service and/or the police participate in these activities. Recalling the importance of combating impunity, the Committee requests the Government to provide information on judicial proceedings brought against persons who illegally enter the lands and exploit the resources of the people of Cinta Larga and, as applicable, the convictions handed down.

Articles 26 and 27. Education. The Committee notes that the Thematic Programme for the Protection and Promotion of the Rights of Indigenous Peoples recalls, in the part describing the country context, that the access of indigenous peoples to a differentiated and quality education at all levels is the responsibility of the Union and the federal States, which are required to develop specific indigenous educational programmes. According to this document, indigenous school education is addressed through one-off, sporadic measures and dialogue with indigenous peoples; training courses for teachers are inadequate and curriculums and calendars are not appropriate to indigenous schools; and the rate at which schools are built and specific teaching materials are developed is low. The Committee requests the Government to take the necessary measures to ensure that members of indigenous peoples and Quilombola have access to quality education at all levels on an equal footing with the rest of the national community, and that education programmes are developed with these peoples. Please provide statistical information on school attendance rates among indigenous children at the primary, secondary and higher levels, as well as on school drop-out rates, if available, disaggregated by ethnic group, gender and age.