Yesterday, 18 February, The Commission of Specialists in the Application of Conventions and Recommendations of the International Labor Organization (ILO) published its observations on the application of Convention 169 of the ILO in Brazil. The Commission solicited clarifications from the Brazilian government regarding the lack of consultation with the indigenous peoples and quilombolas in relation to the laws and works that impact them.

 

The observations were responses to the report submitted in September of 2008, by the Central Única dos Trabalhadores (CUT), which assembles evaluations by various quilombola and indigenous organizations of Brazil. After receiving the report, the ILO also sent it to the Brazilian government. The memorandum provided by the government regarding the application of the Convention did not arrive until day 31 of October, too late to be fully analyzed. Even so, the Government did not reply to the communications sent.

 

The Commission of the ILO questioned the government report because it dealt only with indigenous questions, in spite of the Brazilian state officially considering the Convention applicable also to Quilombolas.

 

The ILO also reminded the Brazilian government that the peoples need to be consulted every time that any law or work might impact them. In this sense, information was requested regarding the lack of consultation in the discussion of the project 1610/96, which deals with mining on indigenous lands. The present forms of consulting the peoples also need to be reevaluated by the government together with the indigenous organizations. According to the CUT report, the public consultations, when conducted, are to validate the public policies. There were cases cited of consultations scheduled with little advance notice and in distant places.

 

The Brazilian government needs to send information on five cases highlighted by the CUT report: 1) Hydroelectric of Belo Monte (PA);  2) Transposition of the São Francisco river (NE);  3) Proposed legislation on the Contigo Hydroelectric, in Raposa Serra do Sol (RR);  4) Calamitous situation of the Guarani-Kaiowá (MS);  5) Mining on the land of the Cinta Larga. The cases arouse the concern of the Commission of the ILO. The information from the Brazilian government still needs to be presented in 2009.