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  Article 1 of 6
  
Subject:      Brazilian Dam Threatens Indigenous People:  Faxes needed
From:         rich@pencil.math.missouri.edu (Rich Winkel)
Date:         1996/10/26
Message-Id:   <54t6pc$r7m@news.missouri.edu>
Followup-To:  alt.activism.d
Resent-From:  rich
Organization: PACH
Newsgroups:   misc.activism.progressive
Originator:   rich@pencil.math.missouri.edu
  Article Segment 1 of 2
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/** headlines: 127.0 **/
** Topic: Brazilian Dam Threatens Indigenous People:  Faxes needed **
** Written  9:55 PM  Oct 23, 1996 by econet in cdp:headlines **
/* Written 1:01 PM  Oct 23, 1996 by irn@ax.UUCP in rainfor.general */
/* ---------- "URGENT FAXES: AVA' CANOEIRO INDIANS" ---------- */

From: Glenn Switkes <irn>

/* Written  1:00 PM  Oct 23, 1996 by irn in ax:ax.ambiente */
/* ---------- "URGENT FAXES: AVA' CANOEIRO INDIANS" ---------- */
URGENT!    URGENT!   URGENT!   URGENT!   URGENT!

FAXES NEEDED IMMEDIATELY TO GUARANTEE RIGHTS OF
INDIGENOUS PEOPLES THREATENED BY BRAZILIAN DAM

Background
     The Brazilian Congress has scheduled an urgent vote on a
measure which would grant approval for the closing of the
floodgates of Serra da Mesa Dam, on the Tocantins River, a
major tributary of the Amazon.  The dam would flood 10% of
the reserve of the Ava'-Canoeiro indigenous people, of whom
nomadic groups live in the area which would quickly be
underwater if the reservoir were filled.

     Under the Brazilian Constitution, hydroelectric projects
affecting indigenous lands can only be authorized by special act of
the Congress, in consultation with the indigenous people
affected.  In the case of Serra da Mesa, the Congressional
authorization may come as early as this week, without any
consultation with the affected people, and without preparation of
an adequate environmental impact statement, as is also required
under Brazilian law.

    A Federal Judge in Tocantins state issued a restraining order
on October 15th, prohibiting the filling of the reservoir.  Now,
the case will be decided by a Federal Judge in Brasilia.  This is an
important test of Brazilian laws protecting the environment and
indigenous peoples, and we ask that you send a fax this week to
the judge who will be deciding on the case.

Requested Action
     Please send a fax immediately to the Federal Judge Mauro
Leite Soares (fax: +55-61-322-1022), asking him to uphold the
prior Federal Court decision until the following actions are
guaranteed:

* approval by the National Congress of authorization for the
Serra da Mesa dam;

* completion of an adequate environmental impact study
(EIA/RIMA) and its approval by environmental agencies of the
states of Goias and Tocantins, where the dam is located;

* participation by IBAMA, the federal environmental protection
agency in the environmental licensing process, as the dam is
being built on a river which crosses state boundaries.

A sample letter follows:

Exmo. Dr. Juiz Federal Mauro Leite Soares
Presidente do Tribunal Regional Federal - 1a Regiao
Brasilia DF
Fax: +55-61-322-1022

     We respectfully ask you, Your Honor to maintain the
restraining order issued by Dr. Marcelo Dolzany da Costa, Federal
Judge of the 1a. Vara of the Judicial Section of Tocantins, on
October 15th, which upheld prior orders of September 28 and 30,
imposing conditions on the closing of the floodgates of the Serra
Da Mesa hydroelectric plant, initially scheduled for October 1,
1996.

     We urge you to provide the legal continuity contemplated in
the Federal Constitution of 1988. In agreement with the decision
of Judge Marcelo Dolzany da Costa, this would require the
implementation of a series of actions, which we submit for your
consideration:

     * Approval by the National Congress of the request by the
Executive branch for authorization of the use of the hydrological
potential of this stretch of the Tocantins River, located in the
Ava'-Canoeiro Indigenous teritory.

     * Carrying out Environmental Impact Studies and
Environmental Impact Report for the project, and approval of
the EIA/RIMA by environmental agencies in the states of Goias
and Tocantins.

     * Required participation by IBAMA in the environmental
licensing process, the river being inter-state.


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