Brazil Approves National Policy for Critical Minerals Amid Indigenous Rights Concerns

Brazil's Senate has approved a new policy to promote critical mineral mining, sparking Indigenous concerns over territorial rights despite assurances of consultation.

    Key details

  • • Brazil's Federal Senate approved PL 2.780/2024 establishing the National Policy for Critical and Strategic Minerals.
  • • The policy aims to boost mining and processing of strategic minerals vital to the country's development.
  • • Indigenous peoples raised concerns about state expansion into their territories despite consultation clauses.
  • • The policy excludes some territorial, environmental, and social protections for Indigenous communities.
  • • APIB vows to advocate for regulation respecting the Constitution and Indigenous rights.

The Federal Senate of Brazil has approved the National Policy for Critical and Strategic Minerals (PNMCE) through Bill PL 2.780/2024, aiming to boost research, mining, processing, and transformation activities in minerals considered vital for the country’s development. This legislation intends to accelerate mineral exploitation in Brazil, deemed essential for the nation’s economy and strategic development.

Despite the policy's endorsement, Indigenous peoples have expressed deep concerns over the potential expansion of state mining activities into their territories. The policy includes a critical clause clarifying that dialogue with affected communities does not substitute the right to Free, Prior, and Informed Consultation, as enshrined in ILO Convention No. 169. However, safeguards for territorial, environmental, and social participation were notably excluded from the policy, raising alarms about possible land conflicts and rights violations.

Indigenous leaders emphasize that while minerals may be classified as "critical" or "strategic," this classification does not grant permission to exploit Indigenous Territories, which are constitutionally protected. These lands hold sacred sites, water sources, forests, and cultural heritage integral to Indigenous peoples’ identity and survival. They argue that the transition towards a green economy must not lead to new infringements on Indigenous rights or transform their lands into sacrifice zones.

The National Articulation of Indigenous Peoples of Brazil (APIB) has committed to continue advocating for the policy’s regulation to ensure strict compliance with the Federal Constitution and adequate respect for Indigenous peoples’ original rights. APIB stresses that a just transition to sustainable development cannot come at the expense of Indigenous territorial integrity and established rights.

This legislative development marks a significant step in Brazil’s strategic resource planning while highlighting the ongoing tension between economic interests and Indigenous rights protection.

This article was translated and synthesized from Brazilian sources, providing English-speaking readers with local perspectives.

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