MPF calls for immediate suspension of mining authorizations in areas neighboring indigenous lands in Acre

The Federal Public Ministry (MPF) filed a public civil action against the National Mining Agency (ANM), the National Foundation of Indigenous Peoples (Funai) and the Union for irregularities in the mining authorization process on indigenous lands in Acre. In the action, the MPF points out that there is mining activity in areas bordering the territory occupied by original peoples with the potential to cause negative social and environmental impacts on nearby indigenous communities.

In this sense, the MPF calls for the immediate suspension of all mining titles issued and authorized in areas neighboring indigenous lands in the state, in addition to the suspension of administrative processes related to mineral research and exploration in the locations, in order to prohibit the issuance of new authorizations. for mining. The MPF also requires a fine of R$50,000 per day of delay in fulfilling obligations.

Signed by the Public Prosecutor André Luiz Porreca Ferreira Cunha, the action seeks the declaration of nullity of all licenses and mining titles issued and authorized by the ANM to date and the determination that the Agency does not issue new licenses and applications for areas bordering indigenous lands in the state of Acre. Furthermore, it requests that the Union and Funai be obliged to observe the prior, free and informed consultation procedure in the event of any mining venture that could generate adverse impacts on indigenous peoples and traditional communities.

For the prosecutor, the National Mining Agency improperly issued mining titles in areas close to indigenous lands in the state, while Funai “was not even aware of the mining titles that seriously impact the rights of indigenous peoples in the state of Acre”. As for the Union, he explains that, in addition to being responsible for titling the property of indigenous lands, it represents the Brazilian State at the international level.

The MPF representative also remembers that Brazil is a party to Convention No. 169 of the International Labor Organization (ILO), the main legal instrument to protect the rights of indigenous peoples. According to him, the irregular mining activity object of the action may have violated rights provided for by international regulations, especially in relation to the prior, free and informed consultation and consent of indigenous peoples.

Historic – The action is the result of an investigation opened in 2020 to investigate irregularities in the mining process on indigenous lands in Acre and was filed by one of the offices in the Western Amazon in Manaus, specialized in mining and mining in the region. At the beginning of the investigations, the Instituto Socioambiental (ISA) reported the existence of 4,495 mining applications overlapping with indigenous lands and integral protection conservation units. According to ISA, the area presents a variety of substances, with emphasis on gold. In 2021, the AMN informed the MPF of the existence of 26 research requests for silver and sand in the indigenous lands of Nukini and Katukina/Kaxinawá.

When analyzing the case, the Chambers of Indigenous Populations and Traditional Communities (6CCR) and Environment and Cultural Heritage (4CCR) of the MPF concluded that it was necessary to be aware of the impacts of the activities that research requirements on the indigenous lands of Nukini and Katukina/ Kaxinawá could cause.

Continuing the investigations, analysis of topographic sections showed the existence of several mining processes in areas bordering indigenous lands, in addition to some that touch the known limits of these lands. Given the information, the MPF questioned ANM, Funai and ISA again about the socio-environmental consequences for the communities.

According to the ISA, mining activities have the potential to cause negative social and environmental impacts on nearby indigenous communities. According to the institute, these impacts can be caused by the mining activity itself and also by the infrastructure necessary to support mineral resource extraction operations, such as the construction and use of roads and power lines. In turn, Funai highlighted that mining activities close to indigenous lands can have negative social and environmental impacts, but the extent will depend on the specific project.

Finally, in February this year, representatives from Funai held a virtual meeting with the public prosecutor responsible for the case to discuss various issues related to the impact of mining in the vicinity of indigenous lands. At the time, the foundation recognized that mining activities in areas close to indigenous lands can generate negative socio-environmental consequences.

Urgent request – For the MPF, the request for urgent protection is justified considering that AMN can grant, if it understands that it is a valid act, new concessions for mining and/or research in areas sensitive to the Katukina/Kaxinawá, Nukini, Puyanawa and others who inhabit Acre, without any prior, free and informed consultation with the affected people, nor participation by Funai. Also according to the Public Prosecutor, with the maintenance of the validity of mining titles already granted, “the local indigenous population will be exposed to a danger not measured by the environmental agency, nor by the indigenous foundation”.

André Luiz Cunha also points out the danger of damage, considering that mining activity seriously harms the environmental and social balance, especially given the potential conflict that could arise in the place where mining or mining research is intended to begin. “The danger of damage also arises from the serious and irreversible environmental damage caused to the local population with the beginning of possible research and/or mineral extraction, as with what has been determined, it is not possible to measure the damage caused to communities by the activity in such a close area” , scores.

Public Civil Action nº 1002408-60.2024.4.01.3000