Dam and Be Damned: The Adverse Impacts of Belo Monte on Indigenous Peoples in Brazil

Abstract

In June 2011 the license to build Belo Monte—what the Brazilian government claims to be the third largest dam in the world in terms of electric power generating capacity—was granted. Since the 1970s, when the plans to build the dam were first made public, the project has encountered great opposition. Indigenous peoples and others who would adversely be affected by the construction of the Belo Monte Dam were supported by national and international NGOs that tried to halt the project through numerous strategic paths, one of which was by filing a case before the Inter-American Commission on Human Rights. Finally, in April 2011, the Commission granted an injunction in favor of the indigenous peoples of the Xingu River Basin that would be impacted by the dam, requesting the government to stop Belo Monte’s construction. However, Brazil argued that these peoples would not be affected and disregarded the request. This article, by looking at indigenous peoples’ substantive and procedural rights, assesses the possible adverse impacts on the indigenous peoples. Special attention is given * Vinodh Jaichand B.A., S.T.D. (UD-W); LL.B. (Natal); LL.M. (Miami); LL.M. (magna cum laude), S.J.D (summa cum laude) (Notre Dame). Professor and Director of the International Human Rights Exchange School for Social Sciences, University of the Witwatersrand, former Deputy-Director of the Irish Centre for Human Rights at the National University of Ireland Galway and National Director of Lawyers for Human Rights, South Africa. ** Alexandre Andrade Sampaio is a Brazilian lawyer and holds an LL.M. (first class honors) in International Human Rights Law from the National University of Ireland, Galway. He is an active member of the Human Rights Commission of the Brazilian BAR Association of Campinas and has contributed to the work of the Special Procedures Branch of the United Nations Office of the High Commissioner for Human Rights and the Center for Justice and International Law. He is currently the Right to Information Programme Officer of Article 19 South America. The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, the aformentioned organizations. Human Rights Quarterly 35 (2013) 408–447 © 2013 by The Johns Hopkins University Press 2013 Dam and Be Damned 409 to the profound connection indigenous peoples have with their lands and how this connection impacts on their unique rights to self-determination, property, and culture. Considering the analysis of these rights, indigenous peoples’ right to be consulted in a free, prior, and informed manner is assessed. This article concludes that the adverse impacts that would result from Belo Monte’s construction are evident and the State’s conduct in carrying on with the project is in violation of national and international law. “God only makes a place like Belo Monte once in a while. This place was made for a dam.”1 Engineer involved in the planning of Belo Monte Dam “This dam kills the river. In killing the river, it kills us with it. So, we will die fighting.”2 Indigenous Kaiapo leader who objects to the building of the dam