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52. A notable black market for minerals has been developed in Brazil, and many indigenous
individuals have been criminally prosecuted for the exploitation of resources on their own land
in the Government’s efforts to regulate the extraction and marketing of minerals. For some
indigenous peoples with lands rich in minerals, the exploitation and sale of the resources has
enabled a chance for economic opportunity on the one hand, but also brought on problematic
interaction with outsiders that has led to indebtedness by indigenous individuals and the
weakening of indigenous cultural bonds.
53. The federal Government has sought to combat illegal mining and other resource extraction
on indigenous territories, and to secure those territories from non-indigenous invasion. For
example, from 2003 to 2008 FUNAI maintained a task force in the territory of the Cinta Larga
people to address the issue, in conjunction with security forces. FUNAI employed its policy of
not just evacuating the non-indigenous invaders but also promoting sustainable land and resource
use projects with the indigenous communities. Such efforts have had varying levels of success,
as non-indigenous invasion of indigenous lands for resource extraction remains a persistent
problem for many indigenous peoples.
54. The removal of invaders and non-indigenous occupants of indigenous lands presents a
significant challenge. While State security forces are necessary to ensure that indigenous
communities and their lands are protected from invasion, there have also been reported abuses by
these forces. The Special Rapporteur observed that while further resources need to be devoted to
ensuring police enforcement for indigenous peoples’ protection, there needs to be a far more
coordinated approach to security with the consultation of indigenous peoples and in conjunction
with the work of FUNAI.
D. Large-scale development and mining projects
55. Further lacking has been an adequate mechanism of consultation with indigenous peoples
affected by major development projects - such as the construction of highways and dams - and
large-scale mining activities, including activities in areas outside demarcated indigenous lands
but that nonetheless affect indigenous communities. According to numerous reports, with regard
to many such projects consultations have not taken place directly with the affected indigenous
peoples through their own representative institutions, prior to approval of the projects and with
the objective of achieving informed consent, as required by ILO Convention 169 (art. 6) and the
Declaration on the Rights of Indigenous Peoples (arts. 19, 32.2). As noted above, the absence of
an adequate consultation mechanism reflects a broader problem: the need for fully harmonizing
Government policies, laws and initiatives for economic development with those to ensure the
realization of the self-determination and related rights of indigenous peoples.
56. In January 2007, President Luiz Inácio Lula da Silva announced the Programme to
Accelerate Development (PAC), a large investment package to spur economic growth in the
country. The package would fund US$ 50.9 billion in infrastructure and energy projects in the
Amazon and elsewhere, many of them to be developed on or near indigenous lands.
Representatives of indigenous peoples have raised concerns about a lack of participation in the
planning and execution of the projects affecting them, and an absence of clear safeguards to
protect indigenous peoples’ rights as part of the PAC initiative. For its part, the Government
reports that it has redoubled efforts to ensure indigenous peoples’ right of consultation in regard
to PAC projects, primarily through FUNAI, and maintains that consultations in some cases have