Victory for the people affected! Federal Senate approves the National Policy on the Rights of Affected Populations!
The afternoon of Tuesday, November 14, , will go down in the history of the people affected. Bill 2788/2019, which establishes the National Policy on the Rights of People Affected by Dams (Política Nacional de Direitos das Populações Atingidas por Barragens – PNAB), was included on the agenda and was approved!
With the PNAB approved, it is possible:
DEFINING WHO IS AFFECTED BY DAMS IN BRAZIL
Current federal legislation has no specific rules to deal with the rights of affected populations.
This means that the company itself recognizes those who are affected. Recognizing someone as affected presupposes that they are the bearer of rights, the subject of their conquests and the protagonist in the process of repairing the damage caused to them, which is why this concept is currently in dispute.
CREATE A REGULATORY FRAMEWORK
Today, Brazilian legislation only includes “agreements” that establish criteria and guidelines for reparations, always limited to certain dams and, in some cases, the creation of Conduct Adjustment Agreements (Termos de Ajuste de Condutas – TAC). The PNAB is necessary to protect the rights of affected populations and prevent further tragedies in the country.
CURBING NEW HUMAN RIGHTS VIOLATIONS IN AFFECTED TERRITORIES
There are at least 16 human rights systematically violated in the construction of dams throughout Brazil, including the rights to information, adequate housing, fair negotiation and full reparation for losses. The approval of the PNAB would help the government to curb abuses by the companies that control the dams and to make reparations to the affected populations.
PREVENT THOSE AFFECTED BY BARRAGHEM FROM BEING RE-VICTIMIZED BY CLIMATE CHANGE
Extreme weather events have become more recurrent and intense in Brazil every year, and have been further aggravated by the irresponsible actions of dam management companies, which have been involved in the construction of dams. They turn into time bombs during the rains, and sometimes cause floods with ore tailings that take over riverside communities.
CREATE LEGAL MECHANISMS TO GUARANTEE REPARATIONS FOR THOSE AFFECTED
Establishing adequate legislation can strengthen the safety of the population and guarantee the state the legal mechanisms needed to assign responsibility and demand reparation measures from those involved in a more agile way, without depending on the decisions of lengthy court cases that drag on for lack of legal references.
The achievement is the result of a long journey of struggle by those affected from all over Brazil, but especially by the people affected from Minas Gerais and Espírito Santo, who have been tirelessly on this journey for eight years. Now it’s up to the president to sanction the law.
FROM THE RIVER TO THE SEA: IT’S TIME TO MOVE FORWARD!
AFFECTED BY THE CONQUEST OF RIGHTS.