The ILO technical note confirms the position of the Federal Public Ministry (MPF) and the Inter-American Commission on Human Rights, who has accosted the Brazilian government on the non-completion of hearings.

According to the ILO document, "the Commission notes that, under Article 15 of the Convention, the government is obliged to consult indigenous peoples before undertaking or permitting any programs for the exploitation of existing resources on their lands," stating that Belo Monte will change the navigability of the Xingu, and the fauna, flora and climate of the region. These impacts, the ILO said, "go beyond the flooding of land or displacement of these people."

The non-completion of hearings, also provided in the Constitution, led a civil action to the MPF, the Federal Court dismissed the first region (TRF1) in late 2011, should follow, on appeal to the Supreme Court vote.

Now, with the manifestation of the ILO, the arguments of the judges of TRF1 - that hearsay can occur at any time of the process - are definitely invalidated. It also knocks down the arguments of government officials that the Indians would have been heard, even in informal meetings. "It can not be regarded as a simple informational meeting complies with the provisions of the Convention." It concludes: "the Commission [technical] estimates that, according to the documentation and information submitted by the government, the procedures carried out so far, even though large, do not meet the requirements set out in Articles 6 and 15 of the Convention and either demonstrate that indigenous peoples were allowed to participate effectively in determining their priorities in accordance with Article 7 of the Convention."

In the final recommendations, the Committee of Experts asks the Brazilian government:

Take the necessary measures to carry out consultations with the affected indigenous peoples, in accordance with Articles 6 and 15 of the Convention on the construction of the Belo Monte Dam, before the possible harmful effects of that plant are irreversible

In consultation with indigenous peoples, take steps to determine whether the priorities of these peoples were respected and their interests will be adversely affected and to what extent, in order to adopt the mitigation and compensation appropriate

Inform the Federal Court of Para on the results of the procedure

What is the ILO Convention 169

The Convention Concerning Indigenous and Tribal - 169 Convention - ratified by the country in 2002 and enacted through a presidential decree in 2004. Convention 169 establishes, among other things, that indigenous and tribal peoples have the right to be consulted in a free, prior and informed about state actions that may affect their property or rights.

To see the full document (which comes with other federal projects failed to comply with Convention 169), click here 

Source: Indigenous Peoples Issues & Resources and Amazonia