Brazil's Bolsonaro Unveils Bill to Open Indigenous Lands to Mining, Oil and Gas Exploration
By Jan Rocha
President Jair Bolsonaro pressed forward with a "dream" initiative sending a bill to the Brazilian Congress on Wednesday that would open indigenous reserves in the Amazon and elsewhere to development, including commercial mining, oil and gas exploration, cattle ranching and agribusiness, new hydroelectric dam projects, and tourism — projects that have been legally blocked under the country's 1988 Constitution.
Justifying the legislation, Bolsonaro explained that "The Indian is a human being exactly like us. They have hearts, feelings, a soul, desires, needs and they are just as Brazilian as we are," so they will welcome economic exploitation inside their territories. Bolsonaro and the bancada ruralista agribusiness and mining lobby, which is very strong in Congress, have eyed the off-limits indigenous lands for decades. Indigenous territories have the best record for forest conservation and land stewardship in Brazil.
Marcio Santilli, a former head of FUNAI, Brazil's indigenous affairs agency, sees Bolsonaro's "dream" legislation very differently. It will "not promote the economic development of the Indians, but guarantee the exploitation by third parties of their natural resources. It would encourage Indians to live from royalties while watching the dispossession of their lands."
While the legislation would allow impacted indigenous populations to be consulted, they would lack the power of veto, except in cases of garimpo or wildcat mining. The right of consultation on development projects is assured under the International Labour Organization Convention 169, of which Brazil is a signatory.
Though the bancada ruralista is strong in Congress, it remains to be seen whether the bill will gain passage. House of Deputies leader Rodrigo Maia has said he will not bring the legislation to a vote.
Conservationists are convinced that the opening up of indigenous lands to economic exploitation would inevitably lead to extensive deforestation of what are the most densely forested areas of the Amazon, and to the contamination of Amazonian rivers. That sort of wholesale deforestation could lead to far greater Amazon drought and to a rainforest-to-savanna tipping point that would greatly endanger Brazilian agribusiness as a driver of Brazil's economy.
A map showing indigenous reserves and conservation units in the Amazon, as well as deforestation. Mauricio Torres / Mongabay
Onyx Lorenzoni, Bolsonaro's chief of staff, praised the bill, claiming it was a "Lei Aurea" for indigenous people — a reference to the 1888 royal decree which freed the slaves in Brazil. From the government's point of view, the legislation is freeing indigenous people, allowing their lands to be invaded by mining, oil and gas companies; cattle ranchers; soy farmers and dam builders, while compensating indigenous communities monetarily.
Under the Brazilian constitution, demarcated indigenous territories belong to the state, and are for the permanent possession and exclusive use of the indigenous people who have always lived there. Only they can decide what activities are allowed on their lands.
Bolsonaro's new law is therefore an attempt to override the Constitution, say legal experts. It is almost certain to be greatly modified in Congress, if it passes at all. But, say analysts, the message contained in the bill — that indigenous lands are up for grabs — is what matters.
Since Bolsonaro's election, conflicts between ruralists and indigenous people have soared. The latest report from CIMI, the Indigenous Missionary Council, shows a steady growth in the number of invasions of indigenous areas, up from 111 in 2018 to 160 in 2019; indigenous leaders say Bolsonaro's speeches and comments have contributed to the increase. Five murders due to indigenous and traditional land conflicts occurred in the first weeks of 2020.
Uncontacted indigenous group in the Brazilian state of Acre. Gleilson Miranda / Governo do Acre / Mongabay
Uncontacted Indigenous Groups at Risk
The new bill as written would allow economic projects even in areas where there are known to be uncontacted Indians. The existence of 28 such groups in the Amazon region has been confirmed, out of 115 believed to exist.
But the bill isn't the only potential threat to uncontacted tribes. The day before Bolsonaro announced his legislation, FUNAI appointed an evangelical preacher and agency outsider to head the Department for Isolated and Recently Contacted Indigenous Peoples (CGIIRC). To accomplish this, FUNAI had to revoke its own long-established rule that only a qualified staff member could be chosen to head such a sensitive bureau.
The new head, Ricardo Lopes Dias, has strong views regarding the conversion of indigenous people to Christianity. He is a former missionary for the controversial New Tribes Mission, a Florida-based evangelical organization, and worked from 1997 to 2007 in the Vale do Javari indigenous reserve, in Amazonas state. There, according to Matsés indigenous leaders — who protested his presence — he "manipulated part of the Matsés population to found a new village" where an evangelical church would be built. The New Tribes Mission has been accused of causing death and disease among the tribes it worked with in the 1970s, subjecting them to enforced conversion to evangelical Christianity. Lopes Dias has a degree in anthropology.
Isolated or uncontacted indigenous peoples are usually survivors of larger groups which were decimated by disease or violence when the military dictatorship (ruling from 1964-1985) forced roads through ancestral lands in the Amazon during the 1960s and 70s. In some cases up to 90 percent of local populations died. This led FUNAIi, in the 1980s, after the dictatorship ended, to introduce a policy of non-contact, designating a "no go" zone protecting the survivors, who became known as "isolated Indians."
The choice by the Bolsonaro administration of an evangelical missionary to head the department, according to experts, indicates a shift in this policy, and has been greeted with dismay by indigenous organizations, who regard it as a means of opening up uncontacted tribes under the protection of FUNAI, and putting their cosmological and ethical belief systems at risk from religious fundamentalism.
Well known anthropologist Manuela Cunha said, "the mission of the CGIIRC is to protect these peoples from invasions of loggers, miners, drug traffickers and any others, like missionaries, who do not respect their way of life. To choose a missionary — above all one who has tried to convert indigenous people — to head the CGIIRC is totally contradictory to what the law says."
However, the choice of Lopes Dias is only the latest example in what seems to be FUNAI's deliberate policy over the last year of replacing experienced, qualified staff with military officers and evangelical preachers. Twenty of FUNAI's 39 regional coordinators have been removed under the new administration — almost all were replaced with serving or retired military officers.
Bolsonaro, this week decided to enlarge his "dream" world even further, extending it to fishing. Apparently still smarting from the fine he received in 2012 (and which he never paid) for being caught illegally sport fishing in a protected reserve in Rio. Police Colonel Homero Cerqueira, head of ICMBio, the agency in charge of Brazil's 334 conservation units, has just authorized "recreational fishing" in all of them, including the most environmentally sensitive preserves.
Evidence photo of Jair Bolsonaro upon his 2012 arrest for illegal fishing in a conservation area; he never paid the fine and after becoming president had the IBAMA employee who arrested him sacked. IBAMA / Mongabay
Reposted with permission from Mongabay.
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By Katy Neusteter
The Biden-Harris transition team identified COVID-19, economic recovery, racial equity and climate change as its top priorities. Rivers are the through-line linking all of them. The fact is, healthy rivers can no longer be separated into the "nice-to-have" column of environmental progress. Rivers and streams provide more than 60 percent of our drinking water — and a clear path toward public health, a strong economy, a more just society and greater resilience to the impacts of the climate crisis.
Public Health<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUyNDY3MC9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY2MDkxMTkwNn0.pyP14Bg1WvcUvF_xUGgYVu8PS7Lu49Huzc3PXGvATi4/img.jpg?width=980" id="8e577" class="rm-shortcode" data-rm-shortcode-id="1efb3445f5c445e47d5937a72343c012" data-rm-shortcode-name="rebelmouse-image" data-width="3000" data-height="2302" />
Wild and Scenic Merced River, California. Bob Wick / BLM<p>Let's begin with COVID-19. More than <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">16 million Americans</a> have contracted the coronavirus and, tragically,<a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank"> more than</a> <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">300,000 have died</a> due to the pandemic. While health officials encourage hand-washing to contain the pandemic, at least <a href="https://closethewatergap.org/" target="_blank">2 million Americans</a> are currently living without running water, indoor plumbing or wastewater treatment. Meanwhile, <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank">aging water infrastructure is growing increasingly costly for utilities to maintain</a>. That cost is passed along to consumers. The upshot? <a href="https://research.msu.edu/affordable-water-in-us-reaching-a-crisis/" target="_blank">More than 13 million</a> U.S. households regularly face unaffordable water bills — and, thus, the threat of water shutoffs. Without basic access to clean water, families and entire communities are at a higher risk of <a href="https://www.americanprogress.org/issues/green/news/2020/08/05/488705/bridging-water-access-gap-covid-19-relief/" target="_blank">contracting</a> and spreading COVID-19.</p><p>We have a moral duty to ensure that everyone has access to clean water to help prevent the spread of the coronavirus. Last spring, <a href="https://nymag.com/intelligencer/2020/03/coronavirus-stimulus-bill-explained-bailouts-unemployment-benefits.html" target="_blank">Congress appropriated more than $4 trillion</a> to jumpstart the economy and bring millions of unemployed Americans back to work. Additional federal assistance — desperately needed — will present a historic opportunity to improve our crumbling infrastructure, which has been <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank" rel="noopener noreferrer">grossly underfunded for decades</a>.</p><p>A report by my organization, American Rivers, suggests that <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">Congress must invest at least $50 billion</a> "to address the urgent water infrastructure needs associated with COVID-19," including the rising cost of water. This initial boost would allow for the replacement and maintenance of sewers, stormwater infrastructure and water supply facilities.</p>
Economic Recovery<p>Investing in water infrastructure and healthy rivers also creates jobs. Consider, for example, that <a href="https://tinyurl.com/y9p6sgnk" target="_blank">every $1 million spent on water infrastructure in the United States generates more than 15 jobs</a> throughout the economy, according to a report by the Value of Water Campaign. Similarly, <a href="https://tinyurl.com/yyvd2ksp" target="_blank">every "$1 million invested in forest and watershed restoration contracting will generate between 15.7 and 23.8 jobs,</a> depending on the work type," states a working paper released by the Ecosystem Workforce Program, University of Oregon. Healthy rivers also spur tourism and recreation, which many communities rely on for their livelihoods. According to the findings by the Outdoor Industry Association, which have been shared in our report, "Americans participating in watersports and fishing spend over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">$174 billion</a> on gear and trip related expenses. And, the outdoor watersports and fishing economy supports over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">1.5 million jobs nationwide</a>."</p><p>After the 2008 financial crisis, Congress invested in infrastructure to put Americans back to work. The American Recovery and Reinvestment Act <a href="https://thehill.com/blogs/congress-blog/economy-a-budget/25941-clean-water-green-infrastructure-get-major-boost" target="_blank">of 2009 (ARRA) allocated $6 billion</a> for clean water and drinking water infrastructure to decrease unemployment and boost the economy. More specifically, <a href="https://www.conservationnw.org/news-updates/us-reps-push-for-millions-of-restoration-and-resilience-jobs/" target="_blank" rel="noopener noreferrer">an analysis of ARRA</a> "showed conservation investments generated 15 to 33 jobs per million dollars," and more than doubled the rate of return, according to a letter written in May 2020 by 79 members of Congress, seeking greater funding for restoration and resilience jobs.</p><p>Today, when considering how to create work for the <a href="https://www.bls.gov/news.release/pdf/empsit.pdf" target="_blank" rel="noopener noreferrer">10.7 million</a> people who are currently unemployed, Congress should review previous stimulus investments and build on their successes by embracing major investments in water infrastructure and watershed restoration.</p>
Racial Justice<p>American Rivers also recommends that Congress dedicate <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">$500 billion for rivers and clean water over the next 10 years</a> — not just for the benefit of our environment and economy, but also to begin to address the United States' history of deeply entrenched racial injustice.</p><p>The <a href="https://www.epa.gov/npdes/sanitary-sewer-overflows-ssos" target="_blank" rel="noopener noreferrer">23,000-75,000 sewer overflows</a> that occur each year release up to <a href="https://www.americanrivers.org/2020/05/fighting-for-rivers-means-fighting-for-justice/#:~:text=There%20are%20also%2023%2C000%20to%2075%2C000%20sanitary%20sewer,to%20do%20with%20the%20mission%20of%20American%20Rivers." target="_blank" rel="noopener noreferrer">10 billion gallons of toxic sewage</a> <em>every day</em> into rivers and streams. This disproportionately impacts communities of color, because, for generations, Black, Indigenous, Latinx and other people of color have been <a href="https://www.scientificamerican.com/article/flooding-disproportionately-harms-black-neighborhoods/" target="_blank" rel="noopener noreferrer">relegated</a> to live in flood-prone areas and in neighborhoods that have been intentionally burdened with a lack of development that degrades people's health and quality of life. In some communities of color, incessant flooding due to stormwater surges or <a href="https://www.ajc.com/opinion/opinion-partnering-to-better-manage-our-water/7WQ6SEAQP5E4LGQCEYY5DO334Y/" target="_blank" rel="noopener noreferrer">combined sewer overflows</a> has gone unmitigated for decades.</p><p>We have historically treated people as separate from rivers and water. We can't do that anymore. Every voice — particularly those of people most directly impacted — must have a loudspeaker and be included in decision-making at the highest levels.</p><p>Accordingly, the new administration must diligently invest in projects at the community level that will improve lives in our country's most marginalized communities. We also must go further to ensure that local leaders have a seat at the decision-making table. To this end, the Biden-Harris administration should restore <a href="https://www.epa.gov/cwa-401#:~:text=Section%20401%20Certification%20The%20Clean%20Water%20Act%20%28CWA%29,the%20United%20States.%20Learn%20more%20about%20401%20certification." target="_blank">Section 401 of the Clean Water Act</a>, which was undermined by the <a href="https://earthjustice.org/news/press/2020/tribes-and-environmental-groups-sue-trump-administration-to-preserve-clean-water-protections#:~:text=Under%20Section%20401%20of%20the%20Clean%20Water%20Act%2C,seeks%20to%20undermine%20that%20authority%20in%20several%20ways%3A" target="_blank">Trump administration's 2020 regulatory changes</a>. This provision gives states and tribes the authority to decide whether major development projects, such as hydropower and oil and gas projects, move forward.</p>
Climate Resilience<p>Of course, the menacing shadow looming over it all? Climate change. <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">More than 100 climate-related catastrophes</a> have pummeled the Earth since the pandemic was declared last spring, including the blitzkrieg of megafires, superstorms and heat waves witnessed during the summer of 2020, directly impacting the lives of more than <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">50 million people globally</a>.</p><p>Water and climate scientist Brad Udall often says, "<a href="https://www.youtube.com/watch?v=xQhpj5G0dME" target="_blank">Climate change is water change</a>." In other words, the most obvious and dire impacts of climate change are evidenced in profound changes to our rivers and water resources. You've likely seen it where you live: Floods are more damaging and frequent. Droughts are deeper and longer. Uncertainty is destabilizing industry and lives.</p><p>By galvanizing action for healthy rivers and managing our water resources more effectively, we can insure future generations against the consequences of climate change. First, we must safeguard rivers that are still healthy and free-flowing. Second, we must protect land and property against the ravages of flooding. And finally, we must promote policies and practical solutions that take the science of climate disruption into account when planning for increased flooding, water shortage and habitat disruption.</p><p>Imagine all that rivers do for us. Most of our towns and cities have a river running through them or flowing nearby. Rivers provide clean drinking water, irrigate crops that provide our food, power our homes and businesses, provide wildlife habitat, and are the lifeblood of the places where we enjoy and explore nature, and where we play and nourish our spirits. Healthy watersheds help <a href="https://news.un.org/en/story/2020/03/1059952" target="_blank" rel="noopener noreferrer">mitigate</a> climate change, absorbing and reducing the amount of carbon in the atmosphere. Healthy rivers and floodplains help communities adapt and build resilience in the face of climate change by improving flood protection and providing water supply and quality benefits. Rivers are the cornerstones of healthy, strong communities.</p><p>The more than <a href="https://archive.epa.gov/water/archive/web/html/index-17.html" target="_blank" rel="noopener noreferrer">3 million miles</a> of rivers and streams running across our country are a source of great strength and opportunity. When we invest in healthy rivers and clean water, we can improve our lives. When we invest in rivers, we create jobs and strengthen our economy. When we invest in rivers, we invest in our shared future.</p>
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