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Brazil

Development of Processes for Prior Consultation Under the 169 Convention of the International Labour Organization’S (ILO) (BR0082)

Overview

At-a-Glance

Action Plan: Not Attached

Action Plan Cycle: 2013

Status: Inactive

Institutions

Lead Institution: General Secretariat of the Presidency, Ministry for Foreign Affairs and Ministry of Justice

Support Institution(s): NA

Policy Areas

Labor, Public Participation

IRM Review

IRM Report: Brazil End-of-Term Report 2013-2016

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation

Potential Impact:

Implementation i

Completion:

Description

to study and assess the procedures for prior consultations provided for the 169 Convention of the ILO on indigenous and tribal peoples with the aim of ensuring the effective participation of these peoples on decision-making processes regarding legislative or administrative measures that affect them directly. This commitment is a joint effort of the General Secretariat of the Presidency and the Ministry for Foreign Affairs, with the support of the Ministry of Justice.

IRM End of Term Status Summary

Commitment 5.3. Development of processes for prior consultation under the 169 Convention of the International Labour Organization’s (ILO)

Commitment Text: To study and assess the procedures for prior consultations provided for the 169 Convention of the ILO on indigenous and tribal peoples with the aim of ensuring the effective participation of these peoples on decision-making processes regarding legislative or administrative measures that affect them directly. This commitment is a joint effort of the General Secretariat of the Presidency and the Ministry for Foreign Affairs, with the support of the Ministry of Justice.

Responsible Agencies: General Secretariat of the Presidency, Ministry for Foreign Affairs and Ministry of Justice

Supporting institution: None

Start date: Not specified                          End date: 14 January 2014

 

Commitment aim

Convention 169 constituted the first binding international instrument that specifically addressed the rights of indigenous and tribal peoples. The commitment focused on evaluating the convention to develop a consultation process to ensure the involvement of indigenous and tribal peoples in decisions that affect them.

Status

Midterm: Limited

An inter-ministerial working group held nine meetings with Quilombola communities to map stakeholder preferences for the development of a consultation process. According to the government, 800 Quilombola community representatives from 24 states participated in these meetings. From the discussions, the government outlined a normative text, which it presented to the National Coordination of Quilombola Communities (CONAQ) for further consultation. However, by the midterm review, there was still no consensus on how to implement the 169 convention requirements as described in the commitment.

End of term: Completed

On 17 December 2015, the government published Decree 8.593/2015, which institutes the National Council for Indigenous Policies (CNPI). The CNPI is composed of 45 members: 15 representatives from the executive branch, all with a right to vote; 28 from villages and indigenous organisations, 13 of whom can vote; and two from indigenous entities who can vote. The Council is designed to develop, monitor, and implement public policies that affect indigenous and tribal peoples. The CNPI was officially established on 27 April 2016. It met for the first time on 28 and 29 April 2016 to discuss the internal regulations of the council, present the results of the first National Conference of Indigenous Policy, and develop a work plan for 2016.

Did it open government?

Civic participation: Did not change

The commitment had the potential to transform civic participation in the country by regulating and implementing consultation tools for indigenous and Quilombolas groups. However, both the development and implementation of the new CNPI were controversial, as there were differing opinions inside and outside of government as to its legitimacy.

Indigenous groups were largely critical of the consultations during the planning phase of the commitment. The Network of Indigenous Peoples in Brazil (APIB) came out against the commitment, while the Center of Indigenous Labour stated that “establishing Working Groups to ‘standardise’ indigenous participation on the fate of their lands is nothing more than a smokescreen to cover up the real intention of undercutting the legitimate means of consultation…”[Note 135: Center of Indigenous Labor, “A quem interessa a regulamentação da convenção 169 da OIT?” 16 October 2013, http://bit.ly/2oMtlCH.] Opinions were divided among government agencies as well. The Ministry of Foreign Relations supported the regulation of prior consultation, but the National Indian Foundation (FUNAI), the government agency in charge of indigenous affairs, preferred utilising the already existing channels for prior consultation.

Indigenous groups heavily criticised the lack of decision-making power of the CNPI, which was designed for consultation. Conectas, for example, decried “the government’s efforts to regulate Convention 169 without recognising the right of indigenous and traditional peoples to have the final word on the benefits or adoption of measures that imply restrictions on the enjoyment of their rights, lands, beliefs, cultural habits, in short, their immaterial and material wealth.”[Note 136: Conectas, “Nota pública sobre regulamentação da Consulta Previa,” 4 October 2013, http://bit.ly/2nlKbZ3.]   

Despite the criticism, the CNPI institutionalised a formal mechanism to consult indigenous and tribal peoples in decisions that affected them. Sonia Guajajara, a representative of indigenous peoples on the CNPI, stated, “There were many challenges in getting to this very important moment, but the process of choosing councillors was legitimate and brings to this space people who receive an important mission: to ensure that we are heard.” She added, “Although the Council is not the ideal one we wanted… we will occupy this space showing that we, the indigenous peoples, will not accept setbacks.”[Note 137: FUNAI, “Conselho Nacional de Política Indigenista é instalado durante ato no Ministério da Justiça,” 27 April 2016, http://bit.ly/2p9Ajy5.]

Although the commitment had potential, by the end of the action plan (June 2016), there was no clear evidence of significant improvement in the participation of those directly affected by the commitment. According to DHESCA Brazil (a network of CSOs that promote economic, social, cultural, and environmental rights), “Though April was positive [with the establishment of the CNPI] — from a formal point of view — for the promotion of indigenous rights, if these measures are not accompanied by continued commitment during the current context, it risks being only rhetorical discourse in light of the historical and repeated violations against indigenous populations.”[Note 138: DHESCA Brazil, “Nota sobre a instalação do Conselho Nacional de Política Indigenista,” 2 May 2016, http://bit.ly/2nlQrjy. ]   

Carried forward?

The commitment was not carried forward to Brazil’s third action plan. Still, the IRM researcher believes the consultation process should be made more inclusive in light of the deep polarisation of stakeholder views.

Commitments

  1. Subnational Good Governance

    BR0100, 2018, Capacity Building

  2. Open Data Policy

    BR0101, 2018, E-Government

  3. Scientific Data Governance

    BR0102, 2018, E-Government

  4. Capacity-Building and Oversight on Nutrition Policy

    BR0103, 2018, Capacity Building

  5. Transport Data

    BR0104, 2018, E-Government

  6. Transparency and Oversight in Infrastructure Repair Processes

    BR0105, 2018, Capacity Building

  7. Increase Participation in Legislative Process

    BR0106, 2018, Capacity Building

  8. Urban and Rural Land Registers

    BR0107, 2018, E-Government

  9. Climate Change Policy Evaluation

    BR0108, 2018, E-Government

  10. Water Resource Management

    BR0109, 2018, Capacity Building

  11. National Electronic System/ATI implementation

    BR0110, 2018, E-Government

  12. Open Data on the Federal Government

    BR0084, 2016, Capacity Building

  13. Transparency of Public Funds

    BR0085, 2016, Capacity Building

  14. Access to Information Policy in the Federal Government – Promptness and Effectiveness to Information Requests

    BR0086, 2016, Capacity Building

  15. Access to Information Policy in the Federal Government – Requesters’ Personal Information Safeguard

    BR0087, 2016, Legislation & Regulation

  16. Effectiveness of National Policy for Social Participation Mechanisms

    BR0088, 2016, Capacity Building

  17. Starred commitment Digital Educational Resources

    BR0089, 2016, Capacity Building

  18. Open Data and Information Governance in Health

    BR0090, 2016, E-Government

  19. Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System

    BR0091, 2016, Capacity Building

  20. Innovation Spaces for Management in Public Services

    BR0092, 2016, Capacity Building

  21. Assessment and Streamline of Public Services

    BR0093, 2016, E-Government

  22. Open Innovation and Transparency in the Legislative

    BR0094, 2016, Capacity Building

  23. Fostering Open Government in States and Municipalities

    BR0095, 2016, Capacity Building

  24. Transparency and Innovation in the Judiciary

    BR0096, 2016, Capacity Building

  25. Social Participation in Federal Government’S Planning Cycle

    BR0097, 2016, E-Government

  26. Open Data and Active Transparency in Environment Issues

    BR0098, 2016, Environment and Climate

  27. Mapping and Participatory Management for Culture

    BR0099, 2016, Capacity Building

  28. Probity Defense and Asset Recovery

    BR0033, 2013, Anti-Corruption Institutions

  29. Development of a Methodology for Social Participation on the Monitoring of the Pluriannual Plan (PPA) and on the Formulation of the Federal Public Budget

    BR0034, 2013, Capacity Building

  30. Development of the Monitoring System for the Social Movements Demands

    BR0035, 2013, Capacity Building

  31. Capacity-Building of Educators, Political Agents, Public Managers, Councilors for Social Policies and Community Leaderships

    BR0036, 2013, Capacity Building

  32. Encourage States and Municipalities to Endorse the OGP Four Principles

    BR0037, 2013, Capacity Building

  33. Implementation of the ODP.Nano

    BR0038, 2013, Oversight of Budget/Fiscal Policies

  34. Strengthening of the Office of the Comptroller General (CGU)

    BR0039, 2013, Anti-Corruption Institutions

  35. Online Accountability of Resources for Education Within the National Fund for Education Development

    BR0040, 2013, E-Government

  36. Generation of Knowledge and Capacity-Building of Managers and Public Resources Operator’S Partners and of Councilors for Social Control

    BR0041, 2013, Capacity Building

  37. National Program for Strengthening School Councils

    BR0042, 2013, Capacity Building

  38. Development of a Unified and Interactive Information Panel on the Implementation of the Water for All Program, Which Can Be Publicly Accessed Through the Internet

    BR0043, 2013, Capacity Building

  39. Digital Inclusion of Health Councils

    BR0044, 2013, E-Government

  40. Starred commitment Development of Tools for Increasing Transparency and Enhancing Land Governance

    BR0045, 2013, E-Government

  41. Implementation of the Document Management Policy in the Federal Government

    BR0046, 2013, Capacity Building

  42. Development of the “Access to Information Library”

    BR0047, 2013, Capacity Building

  43. Disclosure of Data from the Execution of the Union Budget and from Government Purchases

    BR0048, 2013, Fiscal Transparency

  44. Dissemination of the Public Open Data Culture to the Local Governments

    BR0049, 2013, Capacity Building

  45. Development of Support Technologies and Licensing Models for the Disclosure of Open Data

    BR0050, 2013, E-Government

  46. Disclosure of Information from Government Systems in an Open Data Format

    BR0051, 2013, Open Data

  47. Corporative Information Management in Social Security (E-Governance)

    BR0052, 2013, E-Government

  48. Improvement of Active Transparency and of the Unique Health System’ Ombudsman Unit

    BR0053, 2013, Health

  49. Strengthening of the National Audit System of the Unique Health System (SUS)

    BR0054, 2013, Audits and Controls

  50. Increasing Public Transparency of the Labor Relations Secretariat of the Ministry of Labor and Employment

    BR0055, 2013, E-Government

  51. Disclosure of Recommendations to Carry Out Public Audiences to Serve as Reference for the Government

    BR0056, 2013, Capacity Building

  52. Development of a Database of the Federal Public Administration Purchases Prices

    BR0057, 2013, E-Government

  53. Participatory Audits on the Constructions of Brazilian Host Cities for the 2014 FIFA World Cup

    BR0058, 2013, Audits and Controls

  54. Development of an Indicators Model for Transparency of Brazilian Municipalities Institutional Development

    BR0059, 2013, Capacity Building

  55. Development of a Brazilian Portal for the Open Government Partnership (OGP)

    BR0060, 2013, E-Government

  56. Development of Monitoring Reports on the Electronic Citizen Information System (e-SIC)

    BR0061, 2013, E-Government

  57. Encouragement of Social Participation

    BR0062, 2013, Anti-Corruption Institutions

  58. Formulation and Implementation of the Ministry of Defense’S Information Management Policy

    BR0063, 2013, Records Management

  59. Development of a Database of Administrative Documents Produced by Brazil’S Navy

    BR0064, 2013, Public Participation

  60. Open Educational Data

    BR0065, 2013, Education

  61. Improvement of Data Transparency from the National Consumer Protection Information System (Sindec)

    BR0066, 2013, Legislation & Regulation

  62. Restructuring of the Brazilian Federal Government Transparency Portal

    BR0067, 2013, E-Government

  63. Electronic System for Public Consultations

    BR0068, 2013, E-Government

  64. Improvement of Health Services Through the Increased Use of the National Health Card

    BR0069, 2013, Health

  65. Participatory Development of the Federal Ombudsman System

    BR0070, 2013, Justice

  66. “Brazil Transparent” Program

    BR0071, 2013, Capacity Building

  67. Development of the Unique Health System Letter

    BR0072, 2013, Health

  68. Digital Cities Project

    BR0073, 2013, E-Government

  69. Development of the National System for the Promotion of Racial Equality (SINAPIR)

    BR0074, 2013, Human Rights

  70. Improvement of Mechanisms for Social Participation in the Formulation of Public Policies

    BR0075, 2013, Public Participation

  71. Brazilian Portal for Social Participation

    BR0076, 2013, E-Government

  72. Open Data in the Ministry of Justice

    BR0077, 2013, Justice

  73. Improvement of the Pro-Ethics Company Registry

    BR0078, 2013, Private Sector

  74. Expansion of the Database of the National Debarment List (CEIS):

    BR0079, 2013, Open Contracting and Procurement

  75. Monitoring of the National Plan for Food and Nutrition Security (PLANSAN)

    BR0080, 2013, Health

  76. Development of an Information System on the Maria Da Penha Law (Law No. 11,340/2006)

    BR0081, 2013, Gender

  77. Development of Processes for Prior Consultation Under the 169 Convention of the International Labour Organization’S (ILO)

    BR0082, 2013, Labor

  78. Redesign of the Current Protection Programs

    BR0083, 2013, Human Rights

  79. Capacity Building Programs

    BR0001, 2011, Capacity Building

  80. Distance Education Program

    BR0002, 2011, Capacity Building

  81. Guide for Public Officials on Access to Information

    BR0003, 2011, Capacity Building

  82. Information Services Model

    BR0004, 2011, E-Government

  83. Diagnostic Study on the Transparency Values of Executive Branch

    BR0005, 2011, Right to Information

  84. Diagnostic Study on Role of Federal Ombudsman Units (FOUs)

    BR0006, 2011, Justice

  85. Research Study to Identify the Demands of Society in Regard to Access to Information

    BR0007, 2011, Right to Information

  86. Preparation of a Catalogue of Public Data and Information

    BR0008, 2011, Capacity Building

  87. Organization of a Meeting of the Inter-Council Forum Multi-Year Plan 2012–15 (Phase 2)

    BR0009, 2011, Capacity Building

  88. Organization of the 1st National Conference on Transparency and Social Control (1St Consocial)

    BR0010, 2011, Capacity Building

  89. Organization of the 1st National Open Data Meeting

    BR0011, 2011, Capacity Building

  90. Organization of the National Seminar on Social Participation

    BR0012, 2011, Capacity Building

  91. Partnership with the Digital Culture Laboratory

    BR0013, 2011, Capacity Building

  92. Partnership with World Wide Web Consortium (W3C) Brazil

    BR0014, 2011, Capacity Building

  93. Development of the National Open Data Infrastructure (INDA)

    BR0015, 2011, E-Government

  94. INDA Capacity Building Plan

    BR0016, 2011, Capacity Building

  95. INDA Awareness- Raising Activities

    BR0017, 2011, Capacity Building

  96. Launch of the Brazil Open Data Portal

    BR0018, 2011, E-Government

  97. Resource Transfer Agreements and Contract System (SICONV)

    BR0019, 2011, Fiscal Transparency

  98. Aquarius Platform

    BR0020, 2011, E-Government

  99. Data Warehouse

    BR0021, 2011, E-Government

  100. Restructuring the Transparency Portal

    BR0022, 2011, E-Government

  101. Facilitate Access to Specific Databases

    BR0023, 2011, E-Government

  102. Interactive School Development Plan

    BR0024, 2011, E-Government

  103. Control Panel for the Integrated Monitoring and Oversight System (Public Module)

    BR0025, 2011, E-Government

  104. United Suppliers Registry (SICAF)

    BR0026, 2011, E-Government

  105. Registry of National Education Prices

    BR0027, 2011, Education

  106. Contractual Management of IT Services

    BR0028, 2011, E-Government

  107. Implementation of Pro-Ethics Company Registry

    BR0029, 2011, Private Sector

  108. Systemic Integration of Ombudsman Units

    BR0030, 2011, E-Government

  109. Continued Training for Public Ombudsman Units

    BR0031, 2011, Capacity Building

  110. Public Services Portal

    BR0032, 2011, Open Data