A/HRC/33/42/Add.1
concerted action. She is extremely concerned that states, such as Pará, with an alarmingly
high rate of murders of human rights and environmental defenders, including indigenous
peoples, have no policy for the protection of human rights defenders and no functioning
partnership with the federal programme.
61.
The Special Raporteur was extremely alarmed that a series of armed attacks, leading
to the injury of indigenous peoples in the communities of Kurussu Amba, Dourados and
Taquara in Mato Grosso do Sul, were carried out immediately followed her visit to these
areas. Equally alarming is the fact that, some days after these incidents took place,
indigenous peoples reported that no State authority had visited the areas.
62.
The Special Rapporteur decries these attacks and calls on the Government to put an
end to such human rights violations, to investigate them and to bring their intellectual
authors and perpetrators to justice. She commends the Prosecutor General and the Public
Prosecutor for carrying out the investigation into the violent attacks of 14 June 2016 in
Mato Grosso do Sul and for denouncing 12 people involved in using militias against
indigenous peoples. She urges the judiciary to promptly conclude the process and hold
those responsible to account.
C.
Megaprojects, legislative and administrative measures and the duty
to consult
63.
The Special Rapporteur is concerned that prior consultations were not carried out
with affected indigenous peoples in relation to megaprojects such as the Belo Sun gold
mine in Pará and the Manaus-Boa Vista transmission line in Roraima. She is also concerned
that, in relation to the Belo Monte and São Luiz do Tapajós dams, mere public hearings
were deemed to fulfil the obligation to consult. In general, there is no adequate mechanism
for consultation with indigenous peoples in relation to major development projects.
64.
In addition, no consultation procedure has been established in relation to policies or
legislative and administrative measures that directly impact indigenous peoples. This lack
of consultation is highly problematic, given the continued attempts in the National
Congress, where indigenous peoples have little to no representation, to weaken the
constitutional and legislative protections of their rights. These include proposals for
constitutional amendment PEC 215, which would transform land rights recognition from a
technical to a political process and legislation, such as the new Mining Code, and changes
to licensing procedures for megaprojects, which undermine indigenous peoples’ rights to
lands, territories and resources and do not include adequate safeguards.
65.
These actions constitute a failure on the part of the Government to implement good
faith consultations with indigenous peoples in order to obtain their free, prior and informed
consent. Such consultations are necessary to protect indigenous peoples’ rights in
accordance with the State duty set out in the domestic legal framework, ILO Convention
No. 169, the United Nations Declaration on the Rights of Indigenous Peoples and
international and regional human rights treaties and jurisprudence.
66.
The Special Rapporteur is concerned that the State’s interpretation of when its duty
to consult corresponds to the requirement to obtain the free, prior and informed consent of
indigenous peoples is not consistent with the provisions and purpose of the legal
instruments that protect indigenous peoples’ rights, including their right to selfdetermination by which they determine their own social, cultural and economic
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