original posting: https://cimi.org.br/?system=news&action=read&id=5429&eid=354

The Itamaraty is unaware of the proceedings of the Inter-American Human Rights system

1) The Brazilian government cannot claim that it learned "with perplexity" of the OAS-decision, because before publishing its determination of Precautionary Measures, the Inter-American Commission requested information from the Brazilian government regarding the licensing process of the Belo Monte hydroelectric, respecting the Right of Reply principle and due legal process.

Proof of this previous knowledge by the government of the proceedings of the OAS that the Brazilian State responded to the questions from the Inter-American Commission sending a document dated March 17, 2011.

Only after hearing the arguments of the Brazilian State and those of the petitioners (communities  Arara de Volta Grande, Juruna de Km 17, Arroz Cru and Ramal das Penas, represented by the Movement  Xingu Forever Alive – MXVPS, Coordination of Indigenous Organizations of the Brazilian Amazon – COIAB, Prelature of the Xingu, Indigenist Missionary Council – CIMI, Pará Society of Human Rights – SDDH, Justiça Global and the Interamerican Association for Environmental Defense – AIDA) did the OAS decide to order the suspension of the licensing process and the physical implementation of the project.

2) In turn, it is the petitioning organizations that experience enormous perplexity noticing the blatant ignorance of the Brazilian government and the corps diplomatique of theMinistry of Foreign Affairs,  Itamaraty with respect to the Inter-American system in general and the instrument of precautionary measures in particular defined by Article 25 of the Regulation of the American Convention.

 Different from what the Foreign Ministry mistakenly affirms, the request of a precautionary measure is an instrument that does not require the exhaustion of domestic legal recourses, being sufficient proven gravity and urgency.

 3) "Absurd" and "unjustifiable" has been the entire project licensing process, which is riddled with irregularities, of which more than 10 suits filed by the MPF (Ministério Público Federal) are testimony. The delay of the Brazilian government in solving numerous illegalities in conjunction with the serious violations of international human rights norms such as the ILO Convention 169 and the American Convention on Human Rights, render the decision of the OAS legitimate and necessary, in order to protect the lives and personal integrity of the communities of the Xingu River Basin.

 4) It is unfortunate Brazil manifests itself so arrogantly in relation to the decision of the IACHR/OAS. Memorandum  No. 142 reveals a Brazil incapable of coping with unfavorable international decisions. The position of Brazil that classifies the determinations of the IACHR as "precipitous and unjustifiable" demonstrates an extremely contradictory stance by Brazil, as a pretending candidate for the UN Security Council, when repeatedly affirming the need for respect and compliance with the decisions taken by the United Nations. It is worth remembering that the behavior of Brazil in relation to the OAS / IACHR contributes greatly contributes to the weakening of the Regional Human Rights Protection System of which it is one of the earliest signatories and defenders.

 The manifestation of the Ministry of Foreign Relations (Brazil) indicates on the one hand, the authoritarian treatment that systematically has been adopted by this government in the case of Belo Monte and, on the other, the ignorance or unawareness of the Itamaraty with respect to the Inter American Human Rights system.

Xingu Vivo Para Sempre (MXVPS)

Sociedade Paraense de Direitos Humanoss (SDDH)

Justiça Global  (JG)

Conselho Indigenista Missionário (CIMI)

Comitê Metropolitano do Movemento Xingu Vivo

Instituto Amazônia Solidária e Sustentável (IAMAS)