I would like to refer to the Committee’s letters of 7 March 2008, 15 August 2008 and 28 September 2009, and note with regret that the Committee has received no reply, as of to date, addressing the issues raised in the letters. I write to inform you that in the course of its 76th session, the Committee considered further the situation of the indigenous peoples of Raposa Serra do Sol (RSS) in the state of Roraima, in light of information submitted by non-governmental organizations.

In view of the information at its disposal, the Committee remains preoccupied by the situation in the RSS. It wishes to urgently receive up-do-date information from the State party as to whether all non-indigenous occupants have been removed from the area, in line with the Governmental acts on the demarcation of the Raposa lands and on the removal of non-indigenous occupants from the area (Presidential Decree of 15 April 2005, ratifying Administrative Ruling 534/05), the constitutionality of which has been recognized and confirmed by the Federal Supreme Court’s decision of 19

March 2009. The Committee also request information as to whether fines levied as a result of environmental impacts have been paid, and whether concrete measures have been adopted to prevent illegal re-occupation in the RSS.

The Committee also urges immediate action to stop and prevent violence against the indigenous peoples in RSS and other indigenous areas, such as Lago da Praia. It reminds the State party o the Committees earlier calls for independent investigations into the threats and incidents of violence against the indigenous peoples of Raposa. The Committee stresses the importance that such investigations are urgently carried out, that all perpetrators are brought to justice and that victims receive adequate redress and compensation.

The Committee wishes to further remind the State party of the importance of obtaining free, prior and informed consent of the indigenous peoples in the RSS with regard to any measure or project that might affect their livelihood. In this light, it requests information from the State party as to whether their consent has been sought regarding plans to build new dams along the Cotingo River (based on legislative decree No. 2540/2006), plans to build the Paredao hydroelectric facility on the Mucajai River in Roraima, and the establishment of Monte Roraima National Park. In accordance with article 9(l) of the Convention and article 65 of its Rules of Procedure, the Committee requests the State party to submit the information requested before 31 July 2010.

Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of Brazil, with a view to providing it with assistance in the effective implementation of the Convention.