[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
dam-l Forwarded mail...
Forwarded message:
From owner-irn-hidrovia@igc.org Wed Jan 21 11:52:38 1998
Content-Transfer-Encoding: 8bit
Content-Type: text/plain; charset="iso-8859-1"
Date: Wed, 21 Jan 1998 13:26:12 -0400
From: glen@nutecnet.com.br (Glenn Switkes)
Message-Id: <v02140b04b0ebe00af1f4@[200.241.38.157]>
Mime-Version: 1.0
Precedence: bulk
Sender: owner-irn-hidrovia@igc.org
To: Hidrovia.list@igc.org
X-MIME-Autoconverted: from quoted-printable to 8bit by igcb.igc.org id IAA01756
X-Sender: glen@pop.cba.nutecnet.com.br
From: IRN Latin America office
Subject: Court order suspends Hidrovia
----------
Federal Court Orders Suspension of Mercosul Hidrovia
Source: Diario de Cuiabá, January 20, 1998 by Camila Bini
A Federal Court in Mato Grosso has issued a restraining order suspending
all studies and engineering works by the Federal government for the
implementation of the Paraguay-Paraná Hidrovia, the 3,440 km. fluvial
corridor which links Brazil, Bolivia, Paraguay, Argentina and Uruguay.
In his decision, Federal Judge Jeferson Schneider conditioned the
implantation of the hidrovia on a consultation with affected indigenous
communities and the authorization of the National Congress.
According to the Brazilian Constitution, water development projects which
could cause environmental damages must be preceded by an Environmental
Impact Study (EIA), which the Judge noted has not been carried out for the
Hidrovia Paraguay-Paraná.
As the Paraguay River passes the Guató Indian reserve, it will be necessary
to consult with this community. Besides, the hidrovia has still not
received authorization from the National Congress.
The Federal government responded to the lawsuit saying that the indigenous
communities are in the state of Mato Grosso do Sul, which would mean they
would be outside the jurisdiction of the Mato Grosso court. Other arguments
were that the Paraguay River is not within the indigenous territories, and
that there have been no activities aimed at the immediate installation of
the hidrovia.
In his decision, Judge Schneider used testimony of Funai to prove that
while the community was demarcated within Mato Grosso do Sul state, the
Guatós use the Pantanal in Mato Grosso. The Judge stated that "the very
fact that they move about within the state extends the true limits of their
lands into Mato Grosso, which grants jurisdiction to this court."
Even without proof that the hidrovia is being implanted, the Federal Court
considered the fact that the Federal government is making international
commitments (such as the formation of the CIH and an agreement with the
European Union for financing) as a sign of the institutional forces at work
to make the Paraguay-Paraná hidrovia viable.
Under the judge's decision, the Federal government is prohibited from
providing resources for engineering works as part of the hidrovia.
=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*
Glenn Switkes, Director, Latin America Program,
International Rivers Network
1847 Berkeley Way, Berkeley, California 94703-1576, USA
Tel. (510) 848 1155 Fax (510) 848 1008
http://www.irn.org
South America:
Tel/Fax: +55 65 627 1689
Tel: +55 65 627 6402
=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*=*