Entities react to proposal allowing mining in Indigenous Territory in Brazil
18 de February de 2025
By Jadson Lima – From Cenarium
MANAUS (AM) – The Socio-Environmental Institute (ISA) and the Tajapós and Arapiuns Indigenous Council (Citabt) expressed concern on Monday, the 17th, over the proposal under discussion in the Supreme Federal Court (STF) that allows mining in Indigenous Territories (ITs) in the country.
The draft measure was presented by Minister Gilmar Mendes on Saturday, the 15th, and is being discussed in the Special Conciliation Commission hearing, created to discuss actions that challenge or support Law 14.701/23, known as the Temporal Framework.
ISA President Márcio Santilli stated on Monday afternoon that the proposal under discussion in the STF ignores the right of indigenous communities to give or withhold their consent on projects affecting them. He also highlighted the lack of discussion on the draft text during the conciliation process, which has been ongoing in the court since August of last year.
“The proposal to regulate mining in Indigenous Territories, which was not even included in the said law, will still be discussed within the conciliation commission and in the STF plenary before its possible submission to the Legislature. It is also worth remembering that the topic of mining in indigenous territories was not discussed in the commission and now appears in the collegiate’s proposal at the final stage of discussions, even though they started over six months ago,” he stated.
Article 21 of the draft proposal, in the section dealing with the use and management of Indigenous Territories, opens the possibility for mining within indigenous territories. The measure states that the exploitation of mineral resources would be subject to the “significant public interest of the Union.” Currently, the Federal Constitution prohibits this practice within Indigenous Territories. See an excerpt from the draft:
Citabt also reacted to the discussion of the proposal that paves the way for mining within Indigenous Territories through its official indigenous council profile. In a manifesto, the entity stated that the initiative led by Minister Gilmar Mendes “disregards that the rights of indigenous peoples are inalienable and non-negotiable.” According to Citabt, the proposal could further delay and complicate the demarcation processes and called on the STF to respect its own ruling.
“It is essential that civil society mobilizes to reject any initiative that weakens the constitutional guarantees of indigenous peoples. Indigenous rights are not bargaining chips! We demand that the STF respect its own 2023 decision, which has already declared the Timeframe Principle unconstitutional,” reads part of the statement.
Enterprise Proposal
Last Monday, the 10th, the STF had already presented proposals providing for environmental licensing for enterprises within Indigenous territories in the country during one of the conciliation hearings. The measures were presented by the Union and representatives of the Chamber of Deputies and political parties.
The drafts prompted a reaction from the legal coordinator of the Articulation of Indigenous Peoples of Brazil (Apib), Maurício Terena. The indigenous leader classified the intention to advance discussions on “mining in indigenous territories” as a “setback.” Maurício also stated that this discussion is taking place “amid an unprecedented climate crisis.” The statement was made on the social network X (formerly Twitter) on Monday morning, the 10th.
“At this moment, in the STF conciliation chamber, there is an attempt to advance a discussion on mining in indigenous territories. What a setback, in the midst of an unprecedented climate crisis,” wrote the Apib legal coordinator on social media. See:
Currently, Brazilian legislation establishes that indigenous communities have the right to choose how to use and occupy their territories. This provision is included in Article 19 of Law 14.701/23, which was approved by the National Congress in 2023 but does not provide for environmental licensing. The law was passed in response to an STF ruling in September 2023, which determined that the date of the Federal Constitution’s promulgation cannot be used to define the traditional occupation of indigenous territories.
Understanding the Proposals
One of the proposals, presented by the National Foundation for Indigenous Peoples (Funai), seeks to ensure that enterprises and activities using environmental resources within Indigenous Territories and considered effective or potentially polluting are subject to environmental licensing. Additionally, the measure also provides for consultation with potentially affected indigenous peoples, in accordance with Convention No. 169 of the International Labour Organization (ILO).
The draft from the Chamber of Deputies goes further and, although it states that “it is up to indigenous communities, through their own decision-making processes and dispute resolution mechanisms, to choose how to use and occupy their territories,” it also allows for the waiver of licensing “in cases provided for in regulations issued by the competent environmental authority.” These provisions are outlined in Article 24 of the proposal.
The proposal from the Brazil of Hope Federation, composed of the PT, PCdoB, and PV parties, also mentions environmental licensing for “enterprises and activities utilizing environmental resources, considered effective or potentially polluting, or that may cause environmental degradation on indigenous territories,” and conditions the measure on “consultation with potentially affected indigenous peoples, conducted in a free, prior, informed, good-faith, and culturally appropriate manner.” The measure is also supported by the PDT party.
Discussions
According to the STF, the key points of each proposal were discussed in the hearing held on Monday, the 10th, and each participant had the opportunity to register to present their contribution to the debate. Later this week, Minister Gilmar Mendes, who is the rapporteur of five actions on the law, will present a draft text that consolidates all converging points among the suggestions made by the commission members.
The commission participants are scheduled to meet again next Monday, the 17th, to seek consensus on points where there are disagreements. Additionally, the next meeting will also include discussions on possible textual adjustments to the final legislative amendment proposal. An extraordinary meeting is also scheduled for Tuesday, the 18th, “dedicated to a concentrated effort among participants to advance the debates.”
CENARIUM contacted Funai and the Ministry of Indigenous Peoples (MPI) for clarification on the drafting of the proposal that provides for environmental licensing for enterprises in Indigenous Territories. The institution was also made aware of the criticisms from a leader who classified the discussion on mining in Indigenous Territories as a “setback.” There has been no response so far.