On the last January 30th, the 34th meeting of the Monitoring Committee (MC) for the Conduct Adjustment Commitment Agreement (CAA) of Hydro in Pará took place. The agenda covered the allocation of funds from environmental fines paid by Hydro, related to the 6th clause of the CAA, and the implementation of the project to expand the supply of drinking water, an action foreseen in item 2.1.4.

In its fourth year of operation, the Monitoring Committee is comprised of ten representations from the civil society of Barcarena and Abaetetuba (PA), the Chemical Industry Workers' Union (Sindquímicos), and the Barcarena City Hall, in addition to the CAA signatories: the Federal Public Ministry (MPF), the Public Ministry of the State of Pará (MPPA), the State Secretariat for the Environment and Sustainability of Pará (Semas), and the companies Hydro and Alunorte.

Environmental fines - According to item 6.3 of the CAA, the Secretariat of Environment and Sustainability of Pará (Semas), one of the signatories of the CAA, is responsible for managing approximately BRL 40 million deposited in the State Environmental Fund (Fema). However, Semas chose to transfer the funds to the Eastern Amazon Fund (FAO), under the justification that it is a financial mechanism with a more simplified execution compared to a solely public fund.

The CAA Monitoring Committee, which had already been discussing the allocation of the funds and accumulating suggestions for an application plan, was informed of the money transfer in May of the previous year and has since been waiting for the presentation of a legal instrument to support the transfer.

At the 34th meeting of the MC, state prosecutor Tátilla Pamplona Brito, who works in the legal department of Semas, reported that, after a series of meetings, it was concluded that signing an additional term to the CAA would suffice to ensure the transfer to the FAO. It will be maintained that the money be exclusively invested in the municipalities of Barcarena and Abaetetuba, now via FAO, and suggestions to use the resource to fund community projects selected through public tender will also be considered.

"We had difficulty being more agile, but we concluded an opinion, which has already been aligned with the Federal Public Ministry. An addendum to item 6.3 of the CAA will be made, to specify that the resource will be transferred to the FAO. After the addendum, the transfer to the FAO will be simpler, legally underpinned by the CAA itself," explained Tátilla Brito.

It was agreed at the meeting that the deadline for drafting and signing the additional term will be until the next March 5th. Federal prosecutor Igor Lima committed to dialoguing with civil society representatives so they can contribute to this process, but warned that the addendum will not discuss the procedures for project financing, a matter that will be addressed later by the FAO, in dialogue with the CAA Monitoring Committee.

The holder of the second civil society representation in the MC, Jackeline Sales, recalled that since the first meeting attended by the Pará environmental secretary, discussing this item in the MC, Semas already had the responsibility to propose the drafting of a legal instrument for the resource transfer and requested support from the MPF to ensure compliance with the deadline.

Investment in water distribution - The CAA Monitoring Committee continues to address item 2.1.4, which mandates investment in the treatment and distribution of drinking water in Barcarena. The initial value was BRL 5 million, and there was a request that it be updated to BRL 8 million. The entity responsible for execution is Águas de São Francisco, the water and sewage concessionaire in the municipality, which presented a technical project for the expansion of the water supply with the BRL 8 million from the CAA.

The presented project includes the expansion of the water network to the remaining quilombos communities of the São Sebastião de Burajuba and Sítio São João, from the first representation of civil society in the MC; and to the communities of Vila Nova, Itupanema, Bom Futuro, and Jardim Cabano, from Representation 2.

The representatives of the communities covered by the project also consulted local leaders, and later, met with the MPF and informed the CAA signatories and parties involved in the project of a series of considerations. Jackeline Sales, from Representation 2 of civil society, reported on the meetings with the communities and reinforced the contributions already sent, highlighting the request for total inclusion of Rua Beira Mar (known as Rua do Horto), which was partially contemplated, a suggestion that was accepted by the representative of Águas de São Francisco present at the meeting.

Quilombola communities - The representation of quilombola and traditional communities demanded the conducting of prior, free, and informed consultations with the residents of the quilombola territories benefited by this project, as per the International Labour Organization's Convention 169. The demand was addressed by the MPF alongside the Barcarena City Hall.

Mário Santos, from the first representation of civil society in the TAC Monitoring Committee, reported that the involved quilombola communities criticized the lack of free, prior, and informed consultations, a right guaranteed by ILO Convention 169. However, given that the consultations had not been carried out, the leaders gathered to discuss alternatives to expedite the implementation of item 2.1.4.

In a document signed by leaders of the quilombola communities Sítio São João and São Sebastião de Burajuba, and presented to the TAC Monitoring Committee, the following conditions were presented: the holding of an educational meeting in the communities to explain the water supply expansion project; the update of the water analysis report with the participation of public scientific research institutions; the provision of specific water filters to the communities covered by the water expansion; the conclusion of contracting for the epidemiological evaluation foreseen in the TAC; and the implementation of the "quilombola tariff" in the communities that will receive the network from Águas de São Francisco company.

Federal prosecutor Igor Lima de Oliveira informed that the agreement between the communities and the actors responsible for implementing this clause of the TAC is in a concluding stage. "I am optimistic, I believe that the city hall will have the necessary sensitivity to understand the issues presented by the communities," he highlighted.

On February 8th, the MPF mediated a meeting between representatives of the involved communities, Barcarena City Hall, Águas de São Francisco concessionaire, Hydro, and the State Public Ministry. The Águas de São Francisco company committed to meeting the demands presented by the communities. MPF and MPPA will prompt public research institutions to contribute to water quality analyses, as suggested by civil society.

Next meeting - The 35th meeting of the TAC Monitoring Committee will take place on the next 26th of March and will have as its agenda the update on hiring consultancy for epidemiological evaluation, foreseen in item 2.1.1C.

Contacts - In case of doubts, the executive secretariat of the Monitoring Committee offers a communication channel through calls or messages at the number (91) 99349-0098.

Members of the Monitoring Committee present at the 34th meeting:

Igor de Lima Goettenauer de Oliveira – Federal Public Ministry (MPF) – holder
Márcio Silva Maués De Faria – State Public Ministry of Pará (MPPA) – holder
José Edson Maciel – Alunorte Alumina do Norte do Brasil S/A – holder
Alessandra Stremel Pesce Ribeiro – Norsk Hydro Brasil – alternate
Juliana Nobre Soares – Municipal City Hall of Barcarena – Holder
Mário Assunção do Espírito Santo – civil society representative – Representation 1 – Quilombola and Traditional Communities – holder
Vera Lúcia Brito Nascimento – civil society representative – Representation 1 – Quilombola and Traditional Communities – alternate
Jackeline Souza Sales – civil society representative – Representation 2 – holder
Leandro Mendes Azevedo – civil society representative – Representation 3 – holder
Fabiano Azevedo Pereira – civil society representative – Representation 4 – alternate
Elidiane Marinho Cardim – civil society representative – Representation 6 – holder
Rosa Maria Dias da Silva – civil society representative – Representation 7 – holder
Elisomar Barreto de Souza – civil society representative – Representation 8 – holder
Ivo Baia Torres – civil society representative – Representation 8 – alternate
Hamilton José Moreira Caminha – civil society representative – Representation 9 – alternate
Ereny dos Anjos Lima Barbosa – civil society representative – Representation 10 – alternate

Guests from the State Secretariat of Environment and Sustainability of Pará (Semas):

Tátilla Brito Pamplona – Legal Consultant
Fabrício Drago Pinho Júnior – Semas cabinet advisor

Guest from Águas de São Francisco:

Lucas Firmino Melo Pereira – Operations Manager

Guest from the Regulatory Agency of Public Services of Barcarena:

Jackson Martins – Legal Consultant

Executive Secretariat Team – International Institute of Education of Brazil (IEB):

Edane Acioli – socio-environmental analyst
Paulo Pantoja – technical assistant
Raphael Castro – communication advisor
Vanessa Silva – technical assistant

Source: Executive Secretariat of the TAC Monitoring Committee