WE COUNT ON YOUR SUPPORT!

The São Francisco River is the most important source of life of the semi-arid Northeast of Brazil, providing a livelihood to dozens of indigenous peoples, maroon communities and numerous traditional fishermen communities along its margins. They all depend on the river for a living. The 7 dams and hydroelectric dams that have been built already along the river, in combination with the large agribusiness ventures, has caused 70% of the vegetation and native fish to disappear. About 95% of the riparian forests have been destroyed. Also the cycle of the tides has disappeared which governed the production activities of people.

The project of the Transposition of the water course of the river, led by the Brazilian government, threatens the life of the river itself and of the traditional people that have always respected and defended the São Francisco. The waters that will be diverted will be privatized and are destined to supply the large scale agribusiness and heavy industries, benefiting large landowners and multinational companies. Only 4% of the water will be destined for the population of the semi-arid region that the canals of the Transposition will cross.

We, the 33 indigenous peoples of the Northeast impacted by the proposed transfer of the water of the Rio Opará (the indigenous name of the river São Francisco, meaning river-sea), want to see our rights respected and the full extend of our territories guaranteed as well as the plenitude of our river, Father and Mother of the Indigenous Nation. We do not give up fighting for the revival of the river and against the Transposition.

We count on your support. Sign our petition to the Federal Supreme Court of Brazil or send the letter by fax and mail, to demand respect for our right to be duly informed, consulted and heard about this project. To learn more about the Transposition, the unhealthy and poor state of the river and about the negations and violations of our rights by the Brazilian government read the report “Indigenous Peoples of the Northeast impacted by the Transposition of the São Francisco river”.

For the Democratization of access to water. For the life of the Sao Francisco and its peoples!

Articulation of Indigenous Peoples of the Northeast, Minas Gerais and Espirito Santo – APOINME

Your Excellency Presidente do Supremo Tribunal Federal
Praça dos Três Poderes
770175900 BRASILIA

Re: ADI nº 4113/DF, ACO nº 876, ACO nº 996 – Request for a Public Hearing and enquiry – partial diversion of the Rio São Francisco

Dear Minsitro Presidente do Supremo Tribunal Federal,

We have been informed about the threat to indigenous peoples, to Quilombolas [descendants of former slaves], to communities living close to the river and to the environment posed by the partial diversion (Transposição) of the Rio São Francisco. This matter is the federal government’s responsibility.

One of the biggest problems with the project is the violation of the constitutional right to political participation by the population, particularly since the affected communities, including 33 indigenous peoples, claim there has been no opportunity for effective participation during the rare local public hearings.  The partial diversion project therefore appear to disregard the rights of the communities and the peoples to prior consultation, guaranteed by Brazilian law and by the Convention 169 of the International Labour Organization (ILO). Another serious issue seems to be the violation of the constitutional requirement for an explicit endorsement of the construction work, which includes the use of water resources in indigenous territories.  This important requirement would not been observed.

Despite those problems regarding the environmental permit for the project, the Supreme Court (STF) refused to grant a motion for a temporary suspension of the project which had been submitted by the Federal Public Ministry in the civil law case Ação Originária – ACO nº 876.  That case pointed towards many errors, omissions and impacts on communities, their cultural heritage and the environment (including the possibility of desertification, soil and groundwater salination).  Unfortunately, at this occasion, false information from the Brazilian Environment Agency IBAMA led to the court decision that the project has no impact on indigenous territories.

The various irregularities are now being listed in several legal appeals, for example in the legal complaint ACO no. 996, which was submitted by 170 people living close to the Rio São Francisco, and in the complaint about  violations of the constitution by the projects, – ADI n° 4113/DF. All of them are still waiting to be heard in court.

In this context, the Federation of Indigenous Peoples of the Northeast, of Minas Gerais and Espírito Santo (APOINME) as well as other NGOs working on social and ecological issues and with traditional communities have jointly published the report  “Povos Indígenas do Nordeste impactados com a Transposição do Rio São Francisco” about the consequences of the diversion project.  The report reveals the increasing violations of indigenous peoples rights which are guaranteed by national and international law and it also includes data from ethno-ecological studies carried out by the National Foundation for Indians, FUNAI.  Those list the direct impacts of the projects on the territories of the Truká, Tumbalalá, Pipipã und Kambiwá in the states of Pernambuco and Bahia.

In solidarity with those peoples we request: 1) An immediate public hearing before the Supreme Court about the partial diversion of the Rio São Francisco which considers the complaints listed above and in which experts from different disciplines (ethnology, geology, etc) as well as the voices of the directly affected people will be heard. 2) An immediate consideration of the judicial complaints immediately following on from the public hearing, in order to prevent any irreversible environmental damage and violation of the rights of the affected traditional communities.

Yours faithfully,