{"id":47434,"date":"2018-10-10T14:53:54","date_gmt":"2018-10-10T17:53:54","guid":{"rendered":"http:\/\/www.rioonwatch.org\/?p=47434"},"modified":"2020-08-07T14:03:11","modified_gmt":"2020-08-07T17:03:11","slug":"four-takeaways-from-the-public-hearing-on-settlements-occupying-federal-land","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=47434","title":{"rendered":"Four Core Criticisms at the Public Hearing on ‘Settlements Occupying Federal Land’"},"content":{"rendered":"

Clique aqui para Portugu\u00eas<\/em><\/a><\/strong><\/p>\n

On Thursday, September 27, the Federal Public Defender’s Office hosted an important\u00a0public hearing<\/a>\u00a0to address the situation of favelas located on federal land that are facing eviction or threats of eviction. Representatives of many communities that take part in the Popular Council<\/a> were present, including (but not limited to)\u00a0Horto, Vila H\u00edpica, Indiana<\/a>, Barrinha<\/a>, Rio das Pedras, R\u00e1dio Sonda<\/a>, Maracaj\u00e1s<\/a>, Ara\u00e7atiba, Provid\u00eancia<\/a>, Vila Aut\u00f3dromo, and Vila Laboriaux in Rocinha.\u00a0The event was also\u00a0live-streamed on Facebook<\/a>.<\/p>\n

There was significant participation at this hearing by representatives from public entities willing to engage with and answer questions from the audience: the Federal Public Defender\u2019s Office (DPU), the\u00a0Land and Housing Nucleus<\/a>\u00a0of the State Public Defender\u2019s Office (NUTH), the Secretary of Federal Patrimony<\/a> (SPU), the Federal Attorney General’s Office (AGU), the Federal Public Prosecutor’s Office (PGR),\u00a0the State Institute of the Environment<\/a> (INEA), and the Chico Mendes Biodiversity Conservation Institute<\/a> (ICMBio).\u00a0Many of the government representatives in attendance were from internal environmental protection departments of their respective agencies, including a federal public prosecutor who specifically represents the Rio de Janeiro\u00a0Botanical Gardens Research Institute<\/a>. The following are four core criticisms that surfaced at the public hearing.<\/p>\n

\"\"<\/a><\/p>\n

1. Evictions in Rio violate international human rights law<\/strong><\/h3>\n

Throughout the hearing, many attendees debated the case of Horto<\/a>\u2014a\u00a0community that has existed for over 200 years<\/a>. Both Horto\u2019s lawyer and the federal prosecutor representing the Botanical Gardens were present and made statements supporting their respective legal arguments. However, it was Horto resident and community leader Emilia de Souza who drove the message home, defending\u00a0Horto’s right to permanence. Near the end of the hearing, Souza addressed the table of officials to announce exciting news: residents had recently received word of a letter from the Office of the United Nations High Commissioner for Human Rights<\/a>\u00a0addressed to the Brazilian government in support of the community’s cause. A summarized excerpt from the letter follows:<\/p>\n

Serious concern is expressed at the imminent threat of further forced evictions of the residents of Horto, which would have a deleterious impact on their right to adequate housing and on their right to participate in cultural life and their right to enjoy and access their cultural heritage. We are further concerned that the decision of eviction was taken without any prior consultation and that it seems to have a disproportionate impact on people from African descent. We would like to remind your Excellency\u2019s Government of its obligations to ensure the right to an adequate standard of living and housing, and the right to take part in cultural life, as guaranteed by various international human rights instruments to which Brazil has adhered.<\/p><\/blockquote>\n

The eight-page document gives the Brazilian government sixty days to answer several questions pertaining to the case. While the letter was drafted in April, Horto residents only recently learned of its existence. Until the UN receives a response from the Brazilian government, it demands a halt to all further actions in Horto\u2014a demand that seemingly has not been observed. Nonetheless, this letter seriously calls into question the de facto<\/em> policy of eviction that has been prevalent in Rio over the past decade, creating further inequality<\/a> in an already dramatically unequal city.<\/p>\n

\"\"<\/a><\/p>\n

2. There is systemic ineptitude and inaction on the part of the government<\/strong><\/h3>\n

Several cases raised during the hearing called attention to the failure of government entities responsible for accompanying land regularization processes to fulfill their duties. Ara\u00e7atiba<\/a> is an clear case of government inaction and miscommunication. Nearly all of the government representatives who discussed Ara\u00e7atiba mentioned the complexity of the situation<\/a>, which involves multiple federal and local public entities. Earlier this year, Ara\u00e7atiba experienced an SOS moment<\/a>\u00a0when federal police officers showed up in the area. Residents claim that federal police have questioned the community’s legal status, despite the fact that the federal government completed a registry of residents in 2012 to begin the land titling process. The Secretary of Federal Patrimony (SPU) also spent several months in discussions with a man who claimed to be the president of the local residents’ association\u2014even though such an association hasn\u2019t existed for the past ten years. One resident questioned: \u201cWhy would the federal government call a person who claimed to be the president of an association to a meeting to discuss the future of sixty families if this association hasn\u2019t existed for ten years? Why would they conduct a closed-door meeting with a person who doesn\u2019t represent Ara\u00e7atiba?\u201d<\/p>\n

\"\"<\/a>
\nRepresentatives of the SPU and the State Institute of the Environment (INEA) apologized to the three residents of Ara\u00e7atiba present at the hearing. Additionally, a federal attorney apologized for the incidents involving federal police forces, which he explained was the result of confusion due to the illegal sale of public land in nearby areas in the Guaratiba<\/a> region, where Ara\u00e7atiba is located. However, many questions remain unanswered. Why have federal police forces questioned residents about the community’s legal status when the community\u2014which has existed for over forty years\u2014is currently in the process of land regularization and titling? Why did the responsible government agencies fail to verify with whom they were speaking prior to inviting this individual to make important decisions regarding the entire community’s future? Why haven’t recognized community leaders been contacted?<\/p>\n

Residents of\u00a0Vila Laboriaux<\/a> in Rocinha<\/a> and Vila Aut\u00f3dromo<\/a> also voiced complaints about government inaction. One resident of Vila Laboriaux mentioned that following evictions in one part of the community, nothing was done with the deserted area. The vacant lot has since been occupied by individuals who are not from the community\u2014and still, the government has not taken action.<\/p>\n

Maria da Penha from Vila Aut\u00f3dromo also noted that the community’s collectively-negotiated rehousing agreement<\/a> with the City has not been respected. The agreement\u2014which was reached following a long struggle ending in the eviction of the vast majority of residents<\/a>\u2014included the promise of official documentation to prove ownership and further upgrades for the remaining residents<\/a>.\u00a0\u201cWe, Vila Aut\u00f3dromo, have an agreement with the City\u2014that they will give us titles. To this day, nothing has been done. I have been living for over two years without these documents and without the second round of upgrades. What we really need to do is fight and say that we have the right to stay. Favelas are part of the city. They are where we live and where we are happy. We don\u2019t need to be removed. Favelas need to be upgraded and respected. The right to housing is for everyone, not just for a minority.\u201d<\/p>\n

3. Residents expect broken promises<\/h3>\n

Another case discussed was that of Vila H\u00edpica<\/a>, where electricity has been shut off for years<\/a> without explanation. The Chico Mendes Biodiversity Conservation Institute (ICMBio), which manages the Tijuca National Forest<\/a>, is directly responsible in this case. The representative present at the hearing promised that he would turn the electricity back on and work with the community, stating: \u201cWe will resolve it.\u201d He also noted that no one can live without electricity. However, this is not the first time that a representative from ICMBio has promised to fix the situation in Vila H\u00edpica. Following the meeting, residents remain skeptical<\/a> that anything will change, despite the official’s on-the-record promise.<\/p>\n

\"\"<\/a><\/p>\n

4. Mayor Crivella\u2019s Strategic Plan still looms large<\/strong><\/h3>\n

The looming threat of Crivella\u2019s Strategic Plan<\/a> was mentioned by many residents and by the NUTH representative. The Plan contains\u00a0two specific goals<\/a> related to evictions, the first of which calls for studies on the “urban requalification” and verticalization of Rio das Pedras<\/a>\u2014which would involve the disruption and likely removal of significant portions of the large community. The second foresees the removal of 14,000 houses in the region of the Tijuca Massif due to environmental \u201crisk.\u201d Residents of Rio das Pedras were present at the hearing and stated that eviction remains a concern, despite the community’s victory in defeating Crivella\u2019s original verticalization proposal<\/a>\u00a0last year. This year, municipal electric utility\u00a0Light has intensely pressured residents<\/a>.\u00a0Though a\u00a0law was approved in April<\/a>\u2014forcing Light to remove problematic electric meters\u2014residents continue to receive sky-high electricity bills. The community also suffered a deficit of public school teachers<\/a> at the beginning of the year, hindering the guarantee of children’s constitutional right to public education<\/a>.<\/p>\n

Furthermore, some residents believe that Crivella’s project for Rio das Pedras<\/a> as defined in the Strategic Plan isn\u2019t, in fact, dead at all. Crivella recently traded land<\/a> with the Rio de Janeiro state government and acquired an area near Rio das Pedras, where he claims he intends to build 10,000 public housing units by 2020. No one knows if this announcement signals the preparation for another eviction attempt in the area, but residents remain committed to resisting such threats. The president of the Rio das Pedras Residents’ Commission had this to say: \u201cThe torment of eviction continues. We are going to fight and he won\u2019t be able to do this because we are strong.\u201d<\/p>\n

\"\"<\/p>\n

There were also important positive results from the public hearing. Residents voiced their opinions and certain government officials promised to work towards positive solutions. Community members thanked the federal and state public defenders for their dedication and promised to keep marching forward in the fight for their rights.<\/p>\n","protected":false},"excerpt":{"rendered":"

Clique aqui para Portugu\u00eas On Thursday, September 27, the Federal Public Defender’s Office hosted an important\u00a0public hearing\u00a0to address the situation of favelas located on federal land that are facing eviction or threats of eviction. Representatives […]<\/a><\/p>\n<\/div>","protected":false},"author":151,"featured_media":47881,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1293,1854,1288,1290,336,1329],"tags":[1027,2399,2594,756,272,698,11,182,884,282,26,25,2792,883,728,894,348,485,2548,2225,152,2773,144,69,2413,2553,1445,2484,2185,4,2383],"writer":[2431],"translator":[],"illustrator":[],"photographer":[],"class_list":{"0":"post-47434","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-evictionswatch","8":"category-housingwatch","9":"category-highlight","10":"category-civilsociety","11":"category-violations","12":"category-by-international-observers","13":"tag-area-of-risk-designation","14":"tag-environmental-hazard-designation","15":"tag-aracatiba","16":"tag-community-organizing","17":"tag-mayor-eduardo-paes","18":"tag-federal-government","19":"tag-forced-evictions","20":"tag-government-neglect","21":"tag-horto","22":"tag-housing","23":"tag-housing-rights","24":"tag-human-rights","25":"tag-icmbio","26":"tag-indiana","27":"tag-inea","28":"tag-jardim-botanico","29":"tag-laboriaux","30":"tag-light-electricity","31":"tag-maracajas","32":"tag-marcelo-crivella","33":"tag-participation","34":"tag-prosecutors-office","35":"tag-morro-da-providencia","36":"tag-public-defenders","37":"tag-public-defenders-housing-nucleus-nuth","38":"tag-radio-sonda","39":"tag-rio-das-pedras","40":"tag-strategic-plan","41":"tag-united-nations","42":"tag-vila-autodromo","43":"tag-hipica","44":"writer-tyler-strobl"},"_links":{"self":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/47434","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/users\/151"}],"replies":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=47434"}],"version-history":[{"count":0,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/47434\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/media\/47881"}],"wp:attachment":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47434"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47434"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47434"},{"taxonomy":"writer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fwriter&post=47434"},{"taxonomy":"translator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftranslator&post=47434"},{"taxonomy":"illustrator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fillustrator&post=47434"},{"taxonomy":"photographer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fphotographer&post=47434"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}