Decree signed by Lula this Monday gives power to the Armed Forces and ministries to block the activities of local mining
The president Luiz Inacio Lula da Silva (PT) announced on Monday night (30.jan.2023) that it had signed a decree to empower the Armed Forces and the Ministries of Defence, Health, Social Development, Family and Indigenous Peoples to stop the activities of miners illegal in indigenous lands, in the north of the country. Here’s the full of the decree (671 KB).
The text grants the ministries authorization to transport security and assistance teams, in addition to the possibility of reopening Funai (National Foundation for Indigenous Peoples) support posts and basic health units in the region. For the Forces, the decree allows the creation of an identification zone over the airspace close to or above Yanomami territory.
In addition, the decree signed by Lula limits people’s access to the territory with a joint act issued by the Ministry of Health and the Ministry of Indigenous Peoples, with the aim of preventing and reducing the risk of disease transmission.
The Ministry of Health declared a public health emergency in Brazilian Yanomami territory on January 20. The area, located in the Brazilian and Venezuelan Amazon, suffers from lack of health care and faces cases of severe malnutrition and malaria.
The malnutrition of people of this ethnic group, whose territory is in Roraima, was exposed by Lula himself during a visit to the State, on January 21st. The topic gained prominence in the public debate and has been one of the main agendas of the federal government at the beginning of its mandate.
In the morning, Lula had determined control of air and river transport in the indigenous territory after a meeting with other members of the government.
TRANSCRIPTION
Read below the transcription of the decree signed by Lula this Monday:
“THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferred on him by art. 84, caput, item VI, item “a”, of the Constitution,
“DECREES:
“Art. 19 To face the Public Health Emergency of National Importance due to the lack of assistance to the Yanomami population and the fight against illegal mining, the Ministers of Defense, Health, Social Development and Social Assistance, Family and Fight against Hunger and Indigenous Peoples authorized to make requests for goods, servers and necessary services:
“I- the transport of security, health and assistance teams;
“II – the supply of drinking water, the allocation of cisterns and the drilling of artesian wells;
“III – the provision of food related to indigenous culture, beliefs and traditions;
“IV – the supply of clothing, footwear and other similar items; and
“V – the opening or reopening of support posts of the National Foundation for Indigenous Peoples – Funai and of basic health units of the Ministry of Health.
“Single paragraph. In the event that it is necessary to use private property, compensation will be payable, as provided for in item XXV of caption of art. 59 of the Constitution, observing provisions in the legislation.
“Art. 20 The Air Force Command is authorized to create a ZIDA Air Defense Identification Zone over the airspace overlying and adjacent to the Yanomami territory during the duration of the Public Health Emergency of National Importance.
“1° In the Air Defense Identification Zone, it is incumbent upon the Air Force Command to adopt airspace control measures against all types of suspected illicit air traffic, as provided for in art. 303 of Law No. 7,565, of December 19, 1986, and in item VIl of the head provision of art. 18 of Complementary Law No. 97, of June 9, 1999.
“2nd In the event provided for in paragraph 19, it is incumbent upon the agents of the Federal Police, the Brazilian Institute of the Environment and Renewable Natural Resources – lbama and other bodies and entities of the federal public administration to adopt administrative police measures, such as the interdiction of aircraft and equipment to support illicit activities.
“3 It is incumbent upon the Air Force Command to regulate the application of the airspace control measures provided for in $ 2e, notably with regard to the provisions of $ 1 of art. 303 of Law No. 7,565 of 1986.
“Art. 39 The National Security Force will be able to act in the security of the health and assistance teams in the Yanomami territory.
“Art. 49 The Ministry of Defense will act in providing intelligence data and logistical air transport for teams from the Federal Police, LBAMA and other bodies and entities of the federal public administration that will directly participate in the neutralization of aircraft and equipment related to illegal mining in Yanomami territory.
“Art. 5th Access by people to Yanomami territory will take place in accordance with the provisions of a joint act issued by the Minister of State for Health and the Minister of State for Indigenous Peoples, with a view to preventing and reducing the risk of transmission of diseases and other grievances.
“Art. 6 This Decree enters into force on the date of its publication.”
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