CAR does not take into account the reality of peoples and traditional communitiesTuesday July 25th, 2017
The current Forest Code (Law No. 12,651 / 2012) establishes that the Indigenous Lands and titled territories of other peoples and traditional communities be included in the Rural Environmental Registry (CAR). For this, give similar treatment to the rural property of small farmers, including the possibility of government assistance in its realization and priority in receiving incentives for the recovery of native vegetation.
The CAR was created without consulting the peoples and traditional communities and is facing the logic of private land tenure. The lack of participation in the mechanism of the construction has brought difficulties in the registration of people who use the territories collectively.
“The free consultation, prior and informed not happen. We’re trying to make a patch before what is there, “criticizes Denildo Rodrigues, the National Coordination Coordination of Black Communities Rural Quilombo (Conaq). By failing to consult the peoples and traditional communities, the state was against the Convention 169 of the International Labor Organization (ILO) – promulgated by Decree No. 5.051 / 2004 – and the National Policy of Traditional Peoples and Communities (Decree No. 6,040 / 2007).
At the same time it does not cover the modes of presence in the territory and use of natural resources of traditional peoples and communities, the legislation imposes the obligation of membership to the population. In addition, the state should provide assistance and information in making the record, but there are still many gaps in this regard.
Peoples and traditional communities in Sychar
According to the Brazilian Forest Service (SFB), responsible for managing the Sychar at the national level were included 1,744 entries in the module to people and traditional communities, which is equivalent to 27 million hectares. There are still, however, the number of entries for each segment of peoples and traditional communities – the current module allows the registration of 28 segments, as quilombos, indigenous, faxinalenses and healers, for example. The SFB reported that a survey and mapping segment is being held and “will be available soon.”
Understand what are the organs responsible for the registration of regularized people territories and traditional communities in the table at the end of text.
In the public consultation module National Rural Environmental Registry System (Sychar), it is possible to know the amount of overlap of individual entries with Indigenous Lands (TIs) and protected areas (PAs). Those looking for the same thing to the Maroons territories certificated by the National Institute of Colonization and Agrarian Reform (Incra), which already have consolidated data on the settled territories, does not find.
The absence, according to the general director of the Brazilian Forest Service (SFB), Raimundo Deusdará, was because Incra has not yet passed the perimeters of areas for inclusion in the system.
Antonio Oliveira Santos, General Coordinator Regularization of Quilombola Territories Incra, explains that the lack of adaptation of Sychar to quilombo land reality delayed the registration of these territories. He could not say the percentage of titled areas already included in the system. One of the obstacles to registration, for example, was the impossibility of recording areas to understand more than one municipality, “This is absurd, because it has territories that involve two, three municipalities,” he says.
The Director of Development and Forestry Forest Service Inclusion (SFB), Carlos Eduardo Sturm, counters that there has been a test by the Incra unique module Sychar for people and traditional communities. “Who should be using just neglecting, not used,” he says. He adds that the module began to be widely used when the SFB own signed an edict in 2015 – only after three years after the creation of CAR at national level – to carry out the ten thousand families of peoples and traditional communities joined in the Northeast in the semi arid region.
There are cases where only certain areas within the entire community territory received the title, and only they have the registration carried out by Incra. Due to lack of enough servers, the agency made an agreement with the Federal University of Lavras for the inclusion of areas in the National Rural Environmental Registry System (Sychar) was made by the technicians of the institution.
Without assistance, communities are not a member
Communities that do not fit in the categories in which the register is guaranteed by the state – whether because they have regularized their territories, either do not have a back body to guarantee their rights – are struggling to register their territories. In theory, these cases state environmental agencies should register with Sychar, but what is observed in many cases, is the absence of aid.
The Ribeira Valley, which covers the southern state of Sao Paulo and northern Parana, is a region that has several maroon communities at different stages of territorial settlement. In the state portion of the valley, 26 communities had registration done. Of these, 24 were made by the Land Institute of São Paulo (Itesp). Two others were fruit of a partnership between the community and the ISA: the quilombo of St. Peter, in the municipality of Eldorado, and Dry Hill, in the city of Iguape. The gap of entries, however, is still great.
“All the other communities that do not have the recognition of the territory still do not have the registration. There is no service of any organ, although the law should exist. They are outside the system, “explains Raquel Pasinato, coordinator of ISA’s Ribeira Valley Program. She estimates that there are at least twice the number of communities that have yet to register in Vale, compared to those registered.
“We had no government support. We did on our own with the help ISA. We run back and we are now chasing the government to give this support to other communities, “reports the quilombo auric Dias, the quilombo of St. Peter.
In Pará, the Union of Workers and Rural Workers (STTR) of Santarem, in the absence of government’s performance, conducted the registration of farmers and seven quilombo communities of the municipality. “The municipality and the state government not fulfill its role,” criticizes Ladilson Amaral, secretary of Agricultural Policy, Land and Environment of the STTR. He adds that there are still several areas in the city, many of difficult communication and access, which are without the CAR.
There are also cases where communities, not to stay out of Sychar, pay out of pocket. That’s what the extractive Repartimento of the pylons in the municipality of Santarém (PA), made: the community has disbursed about US $ 4000 to hire a private coach who made the collective registration of the land. “I never gave any support for us,” says Dilva Araujo, vice president of the Association of Micro and Mini Farmers and the Extractive Repartimento Community of drumsticks (ASMIPPS).
There are situations where even information about the instrument reach communities. This is one of the complaints of Maria de Jesus Ferreira, known as Dona Dije, regional vice-coordinator of the Interstate Movement of Babassu breakers (MIQCB). She lives in São Luís Gonzaga do Maranhão (MA), and says that to this day the community was not visited by any representative body or institution to explain what is the record, so that it exists and what the procedures are.
What is the Rural Environmental Registry?
The CAR is a tool set nationally by the Forest Code (Law 12,651 / 2012) in order to create a record of all rural properties in the country, integrating environmental information into a database to enable the environmental regularization of rural properties and ensure the control, monitoring and combating deforestation in Brazil. In the CAR, it is made the record of deforested areas of Legal Reserve (RL), Permanent Preservation (APPs), Consolidated Use areas, Restricted Use and those to be reforested. Despite having become compulsory for the whole country with the Floretal Code, the CAR was already used before 2012 in the Amazonian states as part of the deforestation reduction policies in the biome.
Single x Collective
One of the great discussions about the CAR people and traditional communities is the opposition between the individual and the collective registration. In individual registration, registration is the property or rural possession, being made on behalf of the owner or possessor and his family. Already in the collective, the registration is done in the name of the representative association of the community and cover the entire traditional territory shared.
“The CAR individual could not exist. This is back within a historical process of conquest, in which the property is collective and common use, “says Denildo Rodrigues.
In the case of Maroons, Decree No. 4.887 / 2003 – which regulates the process of regularization of land occupied by quilombo communities – stipulates that the title of the territory is collective and that communities will be represented by its legally constituted associations. Those territories, according to the law, can not be fractionated into individual lots or sold.
The Forest Service, in 2015, in a registration initiative of rural properties in the State of Alagoas, held the record of various communities individually. Received critical Conaq and partner organizations. When questioned later, government agency representatives reported that the communities themselves, aware of the law, opted for individual registration. There are situations where the individual is a member community of choice, but there are also those where communities are pressed by third parties or by the state to register the properties individually.
By not considering the whole area of the territory, the individual record brings risks as community fragmentation and weakening of the territorial demands of the people and communities facing external pressures. “Instead of strengthening the community, [with CAR individual] will be strengthening the squatter, the individual who is in there,” considers the quilombo auric Days.
Raimundo Deusdará, general director of SFB, says the individual entries can be rectified and transformed into collective. “We will not trample the right of the community,” says Carlos Eduardo Sturm, indicating that the correction will only be for the communities that show interest in altering the records.
Peoples and traditional communities may include in Sychar all claimed territory. The issuance of the registration receipt, however, goes only to the Environmental Responsibility Area (ARA). For purposes of accountability and environmental regulations, it will also be considered the ARA, which covers the area of use and current occupation, without taking into account all the desired territory by the community.
“The effectively occupied area may be an area that the community was restricted because it has no chance, because it is threatened. We do not consider this a legitimate device, “criticizes the lawyer Rafael Silva, MIQCB Advocate and Pastoral Land Commission (CPT) in Maranhão.
Carlos Eduardo Sturm, the SFB, explains that, when considering the ARA in the register, the state prevents the communities take responsibility for an environmental liability of third parties that are on the desired area. He adds that this setting also aims to avoid conflicts with incidents occupants on the areas of communities.
“The fear in giving visibility to real conflict over the dispute territory does not justify disregarding the state the right to traditional land of the Maroons,” countered Milene Maia Oberleander, ISA advises. She adds that today there is already enough technology to check who is responsible for environmental liabilities in the territories. In his view, the description of the territories in the CAR can help you visualize where they are today, the territorial demands of the communities.
Signing up as need or imposing
The absence of registration may hinder access to public policies. This is what happens today in the state of Tocantins, where maroon communities could be left without light – literally – without the CAR. This is because the state government requires the registration in the environmental permit for the removal of vegetation necessary for the expansion of the electricity network in the Light for All Program.
“It’s been discussed for more than two months, then ends the period of expansion and will get a lot of people in the dark,” complains Paulo Rogério Gonçalves, the Alternative for Small agriculture in Tocantins (APA-TO). He works with the Maroons and argues that the CAR should not be required for traditional communities to have access to electricity.
The residents of quilombo St. Peter, in the Ribeira Valley (SP), have managed to make the collective registration of its territory. Performed with the ISA support, membership was encouraged by the need for authorization to remove vegetation for planting of the gardens. “We were in the licensing process and to farm this [lack of registration] was interfering enough in our development,” said Auric Dias, quilombo dweller.
Jhonny Martins, the Conaq, quilombo lives in Salinas, in Campinas do Piauí (PI). It provides free-range chickens for the National School Feeding Program (PNAE), but is concerned about the end of this source of income. This is because, without assistance – Salinas quilombo is not entitled – your community has yet to make the CAR. Registration is required for the Declaration of Fitness for Strengthening Family Agriculture Program (DAP), which, in turn, is a requirement for participation in Pnae.
“What is at stake is the food security of my family. I can not have my stop property. The damage is monstrous, “says Martins. Situations like this, according to him, end up encouraging the Maroons to make individual profiles for their homes, instead of collective land registration.
“The CAR is another instrument which aggravates the formal invisibility of traditional communities and peoples,” the lawyer Rafael Silva. “It’s an idea of development and environmental protection which excludes who else preserves the environment because it interacts with it existentially, not economically,” he concludes.
The CAR and the regularization of peoples and traditional communities
As stated in the first article of the ISA series on the CAR , the difficulty faced by most people and traditional communities in carrying out the registration occurs simultaneously attempts to legitimize the occupation using the record in the system.
A survey conducted by the ISA GIS team found 1,663 individual entries due on quilombola titrated by Incra. Important to remember that these entries can be either third made up of collective territories as entries made by members of the communities themselves. In addition, at least 11 million hectares, according to SFB data were registered on IT across the country.
“It’s the risk, time to join the discussions of compensation claims, the withdrawal of the occupiers, they own the 3rd use the CAR contesting the quilombos and this further delay the lawsuits,” says Raquel Pasinato.
Antonio Oliveira Santos, Incra, ensures that there is this danger: “The quilombo policy, regardless of affect with CAR or any other policy, has autonomy and independence. Transcends all that. ”
There are not yet, however, defined rules and criteria for the CAR validation processes, not by states and not the federal government. This uncertainty creates uncertainty and leaves communities seeking official recognition of their territories apprehensive, not knowing which registration will be accepted if the collective territories or the overlapping of real estate.
“To the extent that paralyzes the recognition of traditional populations rights process, of course, these territories will be weaker. Aggregates third party CAR in this story, there is confusion more than tidy, “Jerome considers Treccani, professor at the Federal University of Pará (UFPA) and an expert on agrarian and environmental law.
Who should do the CAR people and traditional communities?
Normative Instruction (IN) No. 2/2014 – which defines the general procedures of the CAR – the Ministry of Environment, in its article 30, establishes that the Brazilian State shall assist in achieving the CAR of Indigenous Lands (TIs) and demarcated the certificated areas of peoples and traditional communities that make collective use of their territory. Small farmers, whose possession or ownership is up to four fiscal modules – unit of measure of rural properties that vary according to the municipality – are also benefiting from this assistance.
Same IN, Article 59, states that the IT that are in the database of the National Indian Foundation (FUNAI) to be entered by the Indian agency. It is not therefore necessary that indigenous people applying for registration of the territories on the basis of Funai. Regarding the required IT, can count on support from state environmental agencies and non-governmental organizations (NGOs) entitled to carry out the CAR people and traditional communities. Funai, in response to questioning the report says that in these cases, not involved in the decision and the eventual registration process.
Peoples and traditional communities living within Extractive Reserves and Sustainable Development Reserves should have their land registered by the Chico Mendes Institute for Biodiversity Conservation (ICMBio), governing body of the Conservation Units (CUs) Federal. When populations are within state protected areas, registration is the responsibility of the respective bodies in the states.
Regarding the quilombo territories already certificated, enrollment may be the responsibility of state governments or the National Institute of Colonization and Agrarian Reform (Incra). Signing up will depend on whether the area was titrated by the state or by the federal agency. Incra was responsible for registering 150 quilombo areas titled in the country. Incra also makes the registration of agrarian reform settlements.