Mining and Indigenous Peoples' rights: an analysis of the Brazilian Amazon from an international human rights law perspective

Sammanfattning

The present study seeks to understand the impacts of mining on Indigenous Peoples’ rights in the Brazilian Amazon. For this purpose, after an introduction of the context of mining historically, socially, and geographically in Brazil, a framework of Indigenous Peoples’ rights is described, and each right analyzed separately. All rights are interconnected and interdependent, but it becomes evident that for Indigenous Peoples in the Brazilian Amazon, the right to land, territories and natural resources is essential for guaranteeing all other rights. The author finds that all rights described are negatively impacted by mining, mainly by illegal gold mining. Indigenous Peoples’ rights are strongly backed by Brazilian legislation, and the Brazilian State has committed to ratifying and signing the most important human rights treaties that cover the rights of Indigenous Peoples. Notwithstanding, there is a gap between the legal recognition and the practical realization of Indigenous Peoples’ rights. Currently, mining in Indigenous lands in Brazil is not legal. Thus, in the second part of this thesis, the proposed draft bill for regulating mining in Indigenous lands, PL 191/2020, is analyzed. Two of the main arguments for regulating mining in Indigenous lands are that it will bring socioeconomic development to the region and the country, and that it can be a solution to illegal mining. Firstly, the author presents a conceptual challenge of defining “development”. Secondly, the author finds that although legal mining activity can bring positive outcomes, such as the contribution through mining royalties, it does not necessarily mean that regions benefit from it in the long term. This conclusion is backed by the review of studies carried out in the State of Pará and other regions in the Legal Amazon, where legal mining takes place. Finally, there is no guarantee that allowing legalized mining on Indigenous lands will be a successful measure to stop illegal mining operations on Indigenous lands. When it comes to Indigenous Peoples’ rights, this research shows that draft bill 191/2020 does not respect Indigenous Peoples’ rights under national and international human rights law – especially when it comes to the right to participation and consultation, and the principle of free, prior and informed consent.