– Lawsuit requests suspension of activities for building power plant in the state of Tocantins

– Minister of Justice has a 30-day deadline to decide what to do with indigenous land in the state of Santa Catarina

 

Lawsuit requests suspension of activities for building power plant in the state of Tocantins

 

The Indianist Missionary Council (Cimi) and the Association for the Development and Preservation of the Araguaia and Tocantins Rivers (Adeprato) requested, through a public civil action, that the construction of the Estreito Hydroelectric Plant, in the state of Tocantins, be suspended. The lawsuit was filed on the 22nd at the 1st the federal court in Palmas and will be judged by judge Ademar Aires Pimenta Silva.

 

The organizations claim that the whole environmental licensing process should be annulled, because the Environmental Impact Study (EIA) did not comply with legal requirements. The lawsuit informs that “the studies have not identified impacts caused by the construction of the Estreito hydroelectric power plant which direct and indirectly affect indigenous lands in environmental, social, political and economic aspects in its planning, implementation, and operation phases.”

 

Amongst others problems, the Study failed to define the area affected by the project appropriately, because it did not consider its indirect effects, such as a reduction in fish stocks as a result of changes in the course of the waters in more remote regions. In addition, the Environmental Impact Study does not present any data on the impact of building the plant in an area where two indigenous communities are located (Apinayé and Krikati), which can be affected by it. The Study also failed to take into account the consequences of the project in association with other power plants which are scheduled to be built in the watershed of the Tocantins river.

 

Because of the shortcomings identified in the Study, the licenses issued by the Brazilian Institute for the Environment and Renewable Natural Resources (Ibama) should be annulled, since the agency should only issue authorizations based on the conclusions of the Environmental Impact Study. Funai even asked Ibama not to issue a Preliminary License to the consortium which intends to build the plant mentioning the problems detected in the Study. However, IBAMA approved the design, location, and environmental feasibility of the Estreito hydroelectric project.

  

The lawsuit also recalls that the hydroelectric projects needs to be approved by the National Congress according to the provisions of article 231 of the Federal Constitution, because it will affect many indigenous lands located in the watershed of the Tocantins river (Avá Canoeiro, Kraolândia, Funil, Xerente, Apinayé, Krikati, and Mãe Maria).

 

 

Minister of Justice has a 30-day deadline to decide what to do with indigenous land in the state of Santa Catarina

 

Once again, the minister of Justice has a 30-day deadline to decide what to do in relation to the demarcation of the Toldo Pinhal land, located in the municipality of Seara, state of Santa Catarina, in the south region of Brazil. He can declare the bounds of the indigenous land, request new studies, or disapprove the anthropological study which defines the bounds of the land. The determination was issued by federal judge Vânia Hack de Almeida, of the Federal Regional Court (TRF) of the 4th Region, and reaffirms a determination upheld by the Federal Court of Concórdia (state of Santa Catarina) in April of this year.

 

The preliminary order partly complies with a request made by the Federal Prosecutor’s Office (MPF), which filed a public civil action against the Federal Administration, the National Foundation for Indigenous People (Funai), and the National Land Reform Institute (Incra). The Federal Prosecutor’s Office argues that the lack of a decision about the demarcation of the lands caused conflicts in the region, including the occupation of public roads and private properties. Therefore, it requested a preliminary order for the process to be completed.

 

According to the decision of the federal court of Concórdia, although deliberating on the correction or not of the demarcation process is a responsibility of the minister of Justice, some measure should be taken in this regard. The preliminary order also stresses the unjustified inaction in relation to the process and that a decision can put an end to the deadlock in the area, which is located in the mid-west region of the state of Santa Catarina. On one side, there is an indigenous community that is anxious to have the lands demarcated, and on the other side there are farmers living in the area who are “displeased and troubled by the absence of a final decision by public authorities,” the order judicial highlights. The fine to be applied if the deadline is not complied with is R$ 10,000 a day, without prejudice to other administrative, civil or penal measures. (with information from TRF4)

 

Other lands in Santa Catarina are experiencing the same problems created by delays to publish the required administrative ruling declaring that they are indigenous lands. 

 

Brasília, May 25, 2006