91997E2433

WRITTEN QUESTION E-2433/97 by Wilmya Zimmermann (PSE) to the Commission (17 July 1997)

Subject: Rights of the Tupinikim and the Guaranis to their land (Brazil)

Aracruz Celulosa, a multinational company, produces and commercializes cellulose in Espirito Santo (Brazil) in an area to which the Tupinikim indians lay claim. Under the Brazilian constitution, indians have an historic right to the land which they have owned and occupied from time immemorial.

The Tupinikim, who were joined some years ago by a group of Guaranis, have asked the Funai (the competent organ of the Brazilian Government) to return the land that was taken away from them. They have reafforestation plans and want to reintegrate the members of their tribe - who are for the most part destitute and scattered - back into society and so make it possible for them to survive as an independent ethnic group.

Is the Commission aware of the situation described above? What steps will it take to prevent imports of cellulose made by Aracruz Celulosa, which has highly dubious production methods, from reaching Europe?

Answer given by Mr Marín on behalf of the Commission (15 September 1997)

The three reserves located on land owned by Aracruz Celulosa (most of the capital of which is Community held) have gone through all the stages of the territorial demarcation process (boundary marking) provided for by Brazilian law and are already officially recognised. This demarcation process is being carried out in partnership with the Indians.

Aracruz Celulosa has always conducted its activities within the confines of its property and respected all the rights and lands of the Indians. In recent years the company has carried out health and education measures for the Indians living on its property. In its sector of activity the company is seen as one of those most committed to protection of the environment. In the last few years it has carried out a rapid reforestation programme on the whole of its property.

A ban on imports of cellulose to Europe on the grounds of a company's production methods would not comply with current WTO rules.

However, the WTO trade and environment committee is continuing its work to decide whether amendments to multilateral trade rules are needed to ensure their compatibility with multilateral agreements on the environment. In this connection, an ever growing number of NGO and representatives of civil society are calling for a convention on the protection of forests. The Commission is following these developments closely and remains sensitive to the links between trade and the environment.