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Minister Says Federal Government Will Regulate Mining on Indigenous Land

By · September 4, 2019 · 3 min read

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RIO DE JANEIRO, BRAZIL – Onyx Lorenzoni, the Presidential Chief of Staff, announced that the federal government should begin to regulate mining on indigenous lands, an activity that is provided for in the Federal Constitution, but which has never been standardized. The minister said that the government should announce a “structured and structuring” plan for the region within ten days.

Onyx Lorenzoni, the Presidential Chief of Staff.
Onyx Lorenzoni, the Brazilian Presidential Chief of Staff. (Photo: internet reproduction)
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The statement was made during a press conference in Manaus on Tuesday morning, September 3rd, after the second day of the interministerial meeting of Bolsonaro’s government with the governors of the Legal Amazon. The first meeting took place in Belém, Pará, on Monday. Lorenzoni said the measure was part of the discussions and demands that emerged from meetings with the governors of the Amazon.

Other proposals submitted in the two days of talks were: to extend for another month the GLO (Guarantee of Law and Order) – joint action of the Armed Forces and state governments created to fight fire outbreaks; do land regularization and define the ecological-economic zoning in the region.

“Anyone who wants to stay at the bottom of the reservation is entitled to do so. Now, whoever wants to roll up their sleeves, put their feet and hands on the ground and produce, let them be given this right. In fact, it is in the Brazilian Constitution, in articles 231 and 176, if I remember correctly, that in 30 years it has not been regulated and this is something that we discuss with the governors and we will work on it,” said the minister.

The paragraphs in this article provide, among other measures, that private owners explore minerals upon authorization from the Union.
The paragraphs in Article 176 in the Constitution provide, among other measures, that private owners can explore minerals upon authorization from the federal government. (Photo: internet reproduction)

Article 176 in the Constitution deals with subsoil deposits and other mineral resources for the purpose of exploitation. The paragraphs in this article provide, among other measures, that private owners can explore minerals upon authorization from the federal government. The article also establishes that, in border areas and indigenous lands, specific conditions for the development of this type of activity shall be laid down by statute.

Article 231 deals with the acknowledgment of the right of indigenous peoples to demarcate territories they have traditionally occupied. The same paragraph provides that lands permanently owned by indigenous peoples guarantee these populations “exclusive use of soil wealth”. The exploitation of mineral wealth on indigenous lands is conditioned, in this article, upon congressional authorization and a hearing of the affected communities.

“Is it fair that the indigenous populations cannot make use of the riches of the soil? Is it fair that the indigenous populations cannot plant as some populations of Mato Grosso have done with excellent results? Those tribes are happy because they have had economic results. They will be able to wear better clothes, they will provide better living conditions for their children,” said the minister.

Onyx criticized the approach given to indigenous populations by those who “are on the other side”. “Or is it desirable, for the other side, to keep the indigenous people in poverty, and dependency? No. Brazil is a land of opportunity for all,” he said.

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