{"id":32634,"date":"2021-07-05T13:19:30","date_gmt":"2021-07-05T13:19:30","guid":{"rendered":"https:\/\/conectas.org\/?post_type=litigiopt&#038;p=32634"},"modified":"2021-07-12T18:55:06","modified_gmt":"2021-07-12T18:55:06","slug":"adi-5905-denunciation-of-ilo-convention-169","status":"publish","type":"litigiopt","link":"https:\/\/conectas.org\/en\/litigiopt\/adi-5905-denunciation-of-ilo-convention-169\/","title":{"rendered":"ADI-5905: Denunciation of ILO Convention 169"},"content":{"rendered":"<div class=\"tts_content_wrapper_1\" ><p><span style=\"font-weight: 400;\">In 2018, the Roraima state government filed a Direct Action of Unconstitutionality (ADI-5905) to overturn the presidential and legislative decrees that incorporate into the Brazilian legal system the provisions of Convention 169 of the ILO (International Labour Organization). This convention establishes the need to conduct free, prior and informed consultation with indigenous peoples on matters and measures that can affect their rights, their way of life and their culture.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This obligation inconvenienced the state government: by federal court order, the state was forced to suspend the installation of transmission towers that affected the Waimiri Atroari indigenous community. The court ruling required the state to provide evidence that the indigenous peoples had been consulted.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In addition to the effects that a declaration of unconstitutionality of the decrees would have on the protection of the rights of indigenous peoples, ADI-5905 could also disrupt the process of ratifying and denouncing treaties, in which the legislative branch plays a central role.&nbsp;<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In its application for admission as an amicus curiae in the case, Conectas noted that the Federal Constitution establishes that it is the \u201cexclusive responsibility\u201d of the National Congress to \u201cresolve definitively on international treaties, agreements or acts that result in serious liabilities or commitments encumbering the national patrimony\u201d. As such, explained Conectas, the denunciation of a treaty through a lawsuit, trampling on the democratic legislative debate, would set a dangerous precedent with regard to international commitments, which are essential for the defense of rights.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Finally, the organization argued that it is extremely important for the Supreme Court to establish an interpretation on the topic, since there are other lawsuits pending the Court on the same topic \u2013 such as ADI-6544 and ADI-1625.<\/span><\/p>\n<hr>\n<h2><b>Technical information<\/b><\/h2>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Case:&nbsp;<\/b><span style=\"font-weight: 400;\">ADI-5905<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Court:&nbsp;<\/b><span style=\"font-weight: 400;\">Supreme Court<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Status:&nbsp;<\/b><span style=\"font-weight: 400;\">Awaiting resumption of the judgment and a decision on the request for amicus curiae status<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>Procedure:<\/b>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">3\/5\/18: Initial petition<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"2\"><span style=\"font-weight: 400;\">2\/23\/21: Request for admission as amicus curiae<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div><div class=\"tts__custom-position_bottom_fixed\" ><\/div>","protected":false},"featured_media":32297,"menu_order":0,"template":"","meta":{"ngg_post_thumbnail":0},"temaltigio":[12274],"categoria_litigio":[13059,13060],"class_list":["post-32634","litigiopt","type-litigiopt","status-publish","has-post-thumbnail","hentry","temaltigio-democracy-and-human-rights-movement","categoria_litigio-indigenous-people","categoria_litigio-oit-en"],"acf":{"subtitle-pt":"Case by Roraima state government attempts to overturn in the courts an international treaty to protect indigenous peoples","links_para_referencia":[{"titulo-referencia":"Procedural follow-up in the STF:","arquivo_referencia":false,"link_externo":"http:\/\/portal.stf.jus.br\/processos\/detalhe.asp?incidente=5365245"},{"titulo-referencia":"ILO Convention 169 on Indigenous and Tribal Peoples:","arquivo_referencia":false,"link_externo":"https:\/\/www.oas.org\/dil\/port\/1989%20Conven%C3%A7%C3%A3o%20sobre%20Povos%20Ind%C3%ADgenas%20e%20Tribais%20Conven%C3%A7%C3%A3o%20OIT%20n%20%C2%BA%20169.pdf"}],"noticias":{"noticia1":{"ID":32450,"post_author":"26","post_date":"2021-06-28 18:22:55","post_date_gmt":"2021-06-28 18:22:55","post_content":"<span style=\"font-weight: 400;\">Conectas, APIB (Association of Indigenous Peoples of Brazil), ISA (Socioenvironmental Institute) and Climate Observatory denounced Brazil this Tuesday, June 29, in the 47th session of the UNHRC (United Nations Human Rights Council) for proposed legislation that infringes on environmental and social rights in the country.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">In their oral statement, the organizations cited two proposals pending in Congress: the bill that alters the General Licensing Law to permit, among other things, automatic licenses; and the bill that adopts the \u201ctime frame\u201d thesis for the demarcation of Indigenous Lands in Brazil, which violates the constitutional rights of native peoples.\u00a0\u00a0\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cWe are experiencing an unprecedented period of setbacks and threats to our rights \u2013 particularly we indigenous peoples [\u2026]. We are asking the international community to support the protection of the Amazon and to protect indigenous peoples,\u201d said Samara Carvalho, of APIB, who represented the organizations in the complaint.\u00a0<\/span>\r\n\r\n<b>See the complaint made to the UN Human Rights Council in full:<\/b>\r\n\r\nhttps:\/\/www.youtube.com\/watch?v=xXij4PG0r-4","post_title":"Organizations denounce at UN changes to environmental licensing and the \u201ctime frame\u201d thesis","post_excerpt":"Conectas, APIB (Association of Indigenous Peoples of Brazil), ISA (Socioenvironmental Institute) and Climate Observatory denounced Brazil this Tuesday, June 29, in the 47th session of the UNHRC (United Nations Human Rights Council) for proposed legislation that infringes on environmental and social rights in the country.\u00a0","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"organizations-denounce-at-un-changes-to-environmental-licensing-and-the-time-frame-thesis","to_ping":"","pinged":"","post_modified":"2021-07-05 14:14:11","post_modified_gmt":"2021-07-05 14:14:11","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=32450","menu_order":160,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia2":{"ID":32085,"post_author":"26","post_date":"2021-06-02 14:52:20","post_date_gmt":"2021-06-02 14:52:20","post_content":"<span style=\"font-weight: 400;\">Unlike Westerners, who think of time linearly (as if it were a straight line from the past towards the future), many indigenous peoples have a circular concept of time. This is the case of the Munduruku, who inhabit regions in the states of Par\u00e1, Amazonas and Mato Grosso. As the writer Daniel Munduruku recalls, in his tradition the present and the past are a reality, while the future is a fiction. \u201cGrandparents form this connection between what we are today and what we were yesterday,\u201d he explained in an interview with the CNN Brasil television program <\/span><a href=\"https:\/\/www.cnnbrasil.com.br\/entretenimento\/2021\/05\/21\/brasil-precisa-olhar-para-a-sua-ancestralidade-diz-escritor-daniel-munduruku?utm_source=social&amp;utm_medium=twitter-feed&amp;utm_campaign=saude--cnn-brasil&amp;utm_content=link\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">Nosso Mundo<\/span><\/a><span style=\"font-weight: 400;\">. \u201cThis is the basis of our education; it makes us understand that only through the here and now can we commit to change, to transformation.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">And it is precisely the here and now of indigenous peoples that is continually compromised. Among the most affected tribes are the Munduruku and the Yanomami, which live on Brazil\u2019s largest protected reserve. Most of the attacks are carried out by illegal mining prospectors. In May, two Yanomami children, aged 1 and 5, lost their lives in an attack on the Palimi\u00fa community in the state of Roraima. In the same month, the tribal leader Maria Leusa Munduruku, who has received multiple death threats, had her house destroyed after prospectors set fire to her village near Jacareacanga, in Par\u00e1, in retaliation for a major police operation against illegal mining.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cIt is unacceptable that despite the presence of the National Security Force in the region, the village of one of our main leaders was raided by armed men with gasoline canisters spreading hatred against us all. We fear for the lives of those who fight tirelessly defending the lives of the Munduruku people and the future of everyone on this planet,\u201d wrote, in <\/span><span style=\"font-weight: 400;\">a <a href=\"https:\/\/movimentomundurukuiperegayuii.wordpress.com\/2021\/05\/26\/comunicado-emergencial-das-organizacoes-de-resistencia-do-povo-munduruku\/\" target=\"_blank\" rel=\"noopener\">statement<\/a><\/span><span style=\"font-weight: 400;\">, the Munduruku people\u2019s resistance organizations.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cIt is no exaggeration to speak of imminent genocide,\u201d said the lawyer Juliana de Paula Batista, of ISA (Socioenvironmental Institute). \u201cThere are also major concerns about prospectors coming into contact with indigenous groups who live in voluntary isolation on Yanomami tribal lands. These groups are extremely vulnerable to any type of disease and contact can be fatal.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The lack of a pandemic response that includes indigenous peoples, who are among the most vulnerable groups, is one of the main criticisms of the government. \u201cIt is important to note that the federal government has the obligation to provide an adequate plan for these peoples,\u201d said the lawyer J\u00falia Neiva, coordinator of the Defense of Socioenvironmental Rights program at Conectas.\u00a0<\/span>\r\n\r\n<b>Corrosion from within<\/b>\r\n\r\n<span style=\"font-weight: 400;\">In addition to the poor management of the health crisis, Neiva draws attention to the slow corrosion of agencies that are supposed to be responsible for protection. \u201cThere has been a weakening of institutions such as FUNAI (National Indian Foundation) and SESAI (Special Office for Indigenous Health), which have seen budget cuts, but there has also been a politicization of these agencies. The people at the top, since Bolsonaro has been president, are not qualified, they are not familiar with indigenous issues and they are certainly not there to protect these peoples,\u201d she said. \u201cIt is obvious that they are there to serve the interests of the Bolsonaro government, which are not aligned with the protection of indigenous groups.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">According to ISA\u2019s Juliana Batista, as Environment Minister Ricardo Salles himself confirmed when he stressed the need to \u201cpush through\u201d regulatory changes to weaken environmental laws, the Bolsonaro government has issued several sub-legal acts that are dismantling rights enshrined in the Constitution. \u201cAmong these, I would highlight Normative Instruction No. 9 of FUNAI, which removes Indigenous Lands that have not been officially recognized from SIGEF (Land Management System), facilitating land appropriation by trespassers,\u201d and, she continued, \u201cNormative Instruction No. 1 of FUNAI and IBAMA (the environmental watchdog), which could facilitate the appropriation of natural resources from indigenous lands by non-indigenous people.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">On account of the escalation of conflicts and intimidation, Conectas joined organizations such as APIB (Coalition of Indigenous Peoples of Brazil) and various associations and political parties to petition the Supreme Court to immediately require the adoption of measures to protect the life of indigenous groups that inhabit the Yanomami and Munduruku tribal lands and also to remove trespassers, through <\/span><a href=\"https:\/\/conectas.org\/en\/litigiopt\/adpf-709-action-plan-for-indigenous-peoples\/\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">ADPF Case (Allegation of Violation of a Fundamental Precept) No. 709<\/span><\/a><span style=\"font-weight: 400;\">.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Furthermore, the IACHR (Inter-American Commission on Human Rights) and the Regional Office for South America of the United Nations Office of the High Commissioner have also expressed concern over the acts of violence, urging the State, in a <\/span><span style=\"font-weight: 400;\"><a href=\"https:\/\/movimentomundurukuiperegayuii.wordpress.com\/2021\/05\/26\/comunicado-emergencial-das-organizacoes-de-resistencia-do-povo-munduruku\/\" target=\"_blank\" rel=\"noopener\">statement<\/a><\/span><span style=\"font-weight: 400;\">, to \u201ccomply with its duty to protect the life, the personal integrity, the territories and the natural resources of these peoples\u201d.\u00a0<\/span>\r\n\r\n<span style=\"font-weight: 400;\">On May 24, Supreme Court Justice Lu\u00eds Roberto Barroso accepted the petition by the organizations participating in ADPF 709 and ordered the protection of the territories by the federal government. \u201cAlthough there could be some doubt about the threat to the aforementioned assets and rights, the elements presented are sufficient to recommend the adoption of measures aimed at the protection of these peoples,\u201d said Justice Barroso in his <\/span><a href=\"https:\/\/portal.stf.jus.br\/noticias\/verNoticiaDetalhe.asp?idConteudo=466417&amp;ori=1\" target=\"_blank\" rel=\"noopener\"><span style=\"font-weight: 400;\">ruling<\/span><\/a><span style=\"font-weight: 400;\">. \u201cUnfortunately, as he has done repeatedly since the beginning of the case, the justice once again postponed the much-needed ruling to expel the illegal mining prospectors from indigenous lands,\u201d said Neiva. \u201cAnother controversial point of the ruling was the revelation that there is a so-called Trespassers Isolation Plan, named by the rapporteur \u2018Indigenous Lands Plan 7\u2019, whose passage is under judicial secrecy. This plan, which according to the ruling was submitted by the Federal Police \u2018for the purpose of ensuring the success of the operations\u2019, has been developed without any possibility of debate or even participation by the plaintiffs in the case.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">According to the writer Daniel Munduruku\u2019s circular philosophy, honoring the here and now is also a way of honoring what has already passed. By threatening the present and the lives of indigenous peoples, the federal government is putting the past itself and the very foundations of the existence of all Brazilians at risk. According to the writer, \u201cit is important to look at the world from this perspective so that Brazil can look at itself and make this move to return to its origins.\u201d<\/span>","post_title":"How the government\u2019s environmental policy threatens the existence of the Yanomami and Munduruku","post_excerpt":"The death of children and the attack on leaders, inspired by the dismantling of protection agencies, puts the past, present and future of indigenous peoples at risk","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"how-the-governments-environmental-policy-threatens-the-existence-of-the-yanomami-and-munduruku","to_ping":"","pinged":"","post_modified":"2021-06-09 20:12:07","post_modified_gmt":"2021-06-09 20:12:07","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=32085","menu_order":118,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"},"noticia3":{"ID":32289,"post_author":"26","post_date":"2021-06-22 12:24:41","post_date_gmt":"2021-06-22 12:24:41","post_content":"<span style=\"font-weight: 400;\">The Supreme Court has unanimously ordered the protection of the Munduruku and Yanomami indigenous peoples to prevent further massacres. The court gave its ruling in the petition filed by APIB (Association of Indigenous Peoples of Brazil) for the urgent removal of intruders, especially from the Munduruku and Yanomami Indigenous Lands in the states of Par\u00e1 and Roraima, respectively, and for guaranteeing the physical integrity of the threatened people in these locations. The judgment lasted seven days and, on the evening of June 18, the court made its decision in what was a victory for the affected peoples.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">Intrusions into indigenous territories increased during the Covid-19 pandemic and have compounded the violence against communities and leaders, causing outbreaks of diseases besides the novel coronavirus, such as malaria, and worsening the environmental degradation. APIB\u2019s petition to the Supreme Court for the protection of the territories was made in the form of ADPF (<\/span><span style=\"font-weight: 400;\">Action of Violation of a Fundamental Precept<\/span><span style=\"font-weight: 400;\">) Case No. 709.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The rapporteur of the case, Justice Lu\u00eds Roberto Barroso, partially accepted APIB\u2019s petition and on May 24 issued a preliminary injunction requiring the federal government to immediately adopt \u201call the necessary measures to protect the life, health and safety of the indigenous populations that inhabit the Yanomami and Munduruku Indigenous Lands from violent attacks and the presence of intruders, and to deploy all the necessary personnel for this purpose, who shall remain in place while the risk persists.\u201d<\/span>\r\n\r\n<span style=\"font-weight: 400;\">The Supreme Court justices started to vote on the case on June 11. The judgment took place virtually, without live broadcasts, and unanimously confirmed Justice Barroso\u2019s decision.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">On the Yanomami Indigenous Land, threats and attacks with firearms have become routine. On June 17 and 18, the Hutukara Association denounced new attacks by groups of hooded illegal miners who attacked indigenous people in the communities of Korekorema and Tipolei, in the state of Roraima. See the complaints here and also at this link<\/span>\r\n\r\n<span style=\"font-weight: 400;\">On June 26, two days after the preliminary injunction issued by Justice Barroso, the home of the coordinator of the Wakobor\u0169n Women\u2019s Association, Maria Leusa Kab\u00e1, was burned by illegal miners in retaliation for the efforts to protect the Munduruku Indigenous Land, in the municipality of Jacareacanga, state of Par\u00e1. In the weeks that followed, during the judgment in the Supreme Court, leaders of the Munduruku people reported fresh attacks. On June 9, a bus taking indigenous leaders and tribal chiefs to Bras\u00edlia was attacked by illegal miners and they were only able to continue their journey days later with the support of a police escort. On June 14, the village of Maria Leusa was attacked again in yet another act of intimidation, in which animals raised at the site were killed.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cI express with dismay the fact that the Brazilian Armed Forces do not have the resources to support an operation ordered by the Judicial Branch to prevent the massacre of indigenous populations,\u201d said Justice Barroso on June 1, when he asked the Ministry of Defense to take urgent measures and requested information from the Federal Police and the Federal Prosecutor\u2019s Office.<\/span>\r\n\r\n<span style=\"font-weight: 400;\">\u201cWhat is happening in the region is, in fact, due to an operation without investigative intelligence that was inefficient from the outset and that was halted prematurely, at the height of the conflict. The criminal organizations and paramilitary groups operating in the region have not been restrained, making the indigenous leaders more vulnerable. If there are conflicts, they are occurring on account of the non-compliance with the measures necessary to protect the lives of the Munduruk\u00fa,\u201d said Luiz Eloy Terena, the legal coordinator at APIB.<\/span>\r\n\r\n<b>Watch the Oral Statement given by J\u00falia Neiva, coordinator of the Defense of Socioenvironmental Rights program at Conectas, in the ADPF 709 case:<\/b>\r\n\r\n<iframe title=\"YouTube video player\" src=\"https:\/\/www.youtube.com\/embed\/F9Sk4t50g8M\" width=\"853\" height=\"480\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe>","post_title":"Supreme Court unanimously orders immediate protection for Munduruku and Yanomami peoples","post_excerpt":"The Supreme Court has unanimously ordered the protection of the Munduruku and Yanomami indigenous peoples to prevent further massacres.","post_status":"publish","comment_status":"open","ping_status":"closed","post_password":"","post_name":"supreme-court-unanimously-orders-immediate-protection-for-munduruku-and-yanomami-peoples","to_ping":"","pinged":"","post_modified":"2021-06-24 17:28:04","post_modified_gmt":"2021-06-24 17:28:04","post_content_filtered":"","post_parent":0,"guid":"https:\/\/conectas.org\/?post_type=noticia&#038;p=32289","menu_order":138,"post_type":"noticia","post_mime_type":"","comment_count":"0","filter":"raw"}}},"yoast":{"focuskw":"ADI-5905","title":"","metadesc":"Case by Roraima state government attempts to overturn in the courts an international treaty to protect indigenous peoples","linkdex":"63","metakeywords":"","meta-robots-noindex":"","meta-robots-nofollow":"","meta-robots-adv":"","canonical":"","redirect":"","opengraph-title":"","opengraph-description":"","opengraph-image":"","twitter-title":"","twitter-description":"","twitter-image":""},"_links":{"self":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt\/32634","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/litigiopt"}],"about":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/types\/litigiopt"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media\/32297"}],"wp:attachment":[{"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/media?parent=32634"}],"wp:term":[{"taxonomy":"temaltigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/temaltigio?post=32634"},{"taxonomy":"categoria_litigio","embeddable":true,"href":"https:\/\/conectas.org\/en\/wp-json\/wp\/v2\/categoria_litigio?post=32634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}