HOW DID IT START?
The Bill (PL No. 201/2020) was presented to the Legislative Assembly of Roraima on December 21, 2020 by the governor of the State, Antônio Denarium (No party), who sought "Establish specific procedures and criteria for the Environmental Licensing of Mining Activity in the State of Roraima", that is, to allow mining in the state of Roraima.
The project was sanctioned and published in the Official State Gazette (DOE) on February 8, 2021, and became Law No.o1,453 of February 08, 2021 (Law 1,453/2021). The Law provides for the Licensing for the Mining Activity in the State of Roraima, including the use of mercury, and provides for other provisions.
What is Law No. 1,453/2021?
It is the Law authored by Governor Antonio Denarium that allows mining activities in areas of the state, outside indigenous lands, and with the use of mercury.
The vote on PL 201/2020 that originated Law 1,453/2021 took place in a session on January 13, when there were 20 deputies present and 18 were in favor. Only Lenir Rodrigues (Citizenship) and Evangelista Siqueira (PT) were against the proposal.
THE FOLLOWING DEPUTIES VOTED FOR THE RELEASE OF THE CARIMPO:Éder Lourinho (PTC), Jeferson Alves (PTB); Jalser Renier (SD), Betânia Almeida (PV), Catarina Guerra (SD), Ione Pedroso (SD), Jorge Everton (MDB); Ângela Águida Portela (PP), Aurelina Medeiros (Podemos), Renan Filho (PRB), Gabriel Picanço (PRB), Dhiego Coelho (PTC), Chico Mozart (PRP), Coronel Chagas (PRTB), Jânio Xingú (PSB), Marcelo Cabral (MDB), Odilon Filho (Patriota), Tayla Peres (PRTB).
IS THIS LAW VALID FOR INDIGENOUS LANDS?
NO! Because it is a state law, and the only one who can legislate on indigenous lands is the National Congress, and the Federal Union. The state of Roraima is not competent to make laws on Indigenous Lands. Indigenous Lands are assets of the Union. Therefore, Tuxauas, be aware. Communities and leaders should not authorize the entry of people or companies in order to do research on indigenous lands, this is a means of discovering our natural wealth.
IS MINING STILL A CRIME IN INDIGENOUS LANDS?
YES! This Law sanctioned by the governor of Roraima does not apply to Indigenous Lands. Therefore, anyone who is doing this mining activity in indigenous territories is committing a crime.
WHAT ARE THE CONSEQUENCES FOR INDIGENOUS PEOPLES?
As everyone knows, our indigenous lands are rich in mineral resources and biodiversity. We, the indigenous peoples of Roraima, protect 46% of the territory of our state. And this Law, although it does not legally interfere in indigenous areas, will encourage the criminal actions of miners. It will increase violence, diseases such as malaria and the entry of strangers into communities and Indigenous Lands. It will also increase the pollution of rivers, lakes and all kinds, because mercury contamination will reach the main rivers that pass through Indigenous Lands.
We also reinforce that leaders be vigilant for anyone who enters communities or indigenous lands with the idea of doing research on mineral potential.
Is Law 1,453/2021 UNCONSTITUTIONAL?
YES!The State and Federal Public Prosecutor's Office of Roraima have already expressed themselves saying that the Law is unconstitutional because only the Union can legislate on mining, as minerals are assets of the Union.
And yet, it is unconstitutional because there was no study before of environmental impact, as determined by the constitution, since the mining activity causes environmental degradation.
Therefore, Tuxauas, we reinforce that they be attentive. Communities and leaders should not authorize the entry of people or companies in order to carry out research on indigenous lands.
#foracarimpo#carimponão
Indigenous Council of Roraima, February 11.