A exploration and use of mineral resources in Brazilian indigenous lands, a historically controversial and explosive topic, has just been analyzed in the master's thesis by lawyer Melissa Volpato Curi, presented at the Geosciences Institute (IG) at Unicamp. She studied the Roosevelt Indigenous Land, in Rondônia, an area occupied by the Cinta Larga ethnic group. Using as a reference two bills that are being processed in the National Congress and which deal with the regulation of this activity, the researcher considered four possible scenarios. The author's main concern was to evaluate the sustainability of the models that, according to her hypotheses, could emerge from the approval of the proposals being discussed by parliamentarians.

Two bills are being processed in Congress

According to Melissa, the two bills being processed in Congress are very similar, although one serves the interests of the so-called “mining bench” and the other, of the “indigenist bench”. An important point that differentiates the first proposal, formulated in 1991, from the second, which dates back to 1996, is the exemption from carrying out a prior study and environmental impact report for the exploration of mineral resources on lands occupied by Indians. Such a requirement, according to the researcher, should not even be a reason for discussion, as it is included in the Federal Constitution. From the lawyer's perspective, there are four possible alternatives to the issue of mining in indigenous areas.

The first, he says, is that the activity is restricted to the operations of companies. In this case, the author of the dissertation understands that the work should be preceded by the study and the environmental and social impact report, in order to preserve both natural resources and the culture and well-being of the Indians. “I think the best option would be to create a state-owned company to explore natural resources, as this would allow, for example, greater supervision of the work. I don’t know, however, whether this proposal could succeed in a context in which neoliberal ideas prevail.” The second alternative would be to authorize mining by garimpeiros. This departure, in Melissa's opinion, would be disastrous. “We already know the results of this model. Mining invariably brings environmental and social damage, such as silting up of rivers, destruction of riparian forests, drug use and prostitution”.

The third hypothesis is that the Indians themselves are authorized to explore mineral resources. Although the Constitution does not address this issue, the Indian Statute says that “mining on indigenous lands is exclusive to Indians”. The Cinta Larga, according to Melissa, demand this right, following the example of what the Waiãpi ethnic group, from Amapá, did with relative success. “This hypothesis also has to be analyzed carefully, as it could bring negative results. Perhaps this would be feasible with the participation of the State, which would be responsible for training the Indians for this task. In this case, the activity should be part of a project to revitalize local culture, so that mining would be another form of subsistence for those people”, analyzes the lawyer.

PLastly, there is the possibility that mining will be completely banned on indigenous lands. In Melissa's opinion, this hypothesis must also be taken into account, given that there may be an understanding that the national interest, understood as the preservation of the Indians and their culture, overrides the economic interest. According to the author of the dissertation, who was supervised by Professor Hildebrando Herrmann and received a grant from the Coordination for the Improvement of Higher Education Personnel (Capes), there needs to be some legal framework in relation to mining, but this regulation cannot be general. “I think that each case should be analyzed separately, since each ethnic group or region has its own particularities.”

Just to get an idea of ​​what is at stake when it comes to regulating the exploration and use of mineral resources in indigenous lands, it is enough to know that it is estimated that the area occupied by the Cita Larga in Rondônia has a diamond reserve from order of 1 million carats per year, which would be equivalent, according to some calculations, to US$3,5 billion. The Federal Police estimates that between 2002 and 2003, approximately US$50 million worth of diamonds illegally left the region and went abroad. It is no coincidence that that part of the country has been the scene of serious conflicts. In April 2004, the Cinta Larga killed 29 miners who were acting irregularly on their lands. “That area is still in constant tension, which shows that mining regulation cannot be postponed for much longer. Furthermore, proposals must comply with the principle of sustainability”, warns Melissa.