Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the observations made by the National Union of Labour Inspectors (Sindicato Nacional dos Agentes de Inspeçao do Trabalho-SNAIT) alleging non-observance of Articles 4, 10, 11 and 12 of the Convention with regard to agricultural workers. The Committee recalls that the SNAIT indicated in its observations that, taking into account the structure of land ownership, an organization of agricultural workers called the Movimento dos Trabalhadores Sem-Terra (Landless Workers' Movement) had occupied lands owned by the State in "Eldorado dos Carajás", in the State of Pará, which had granted possession of them to certain individuals. At the request of these individuals, the military police intervened, resulting in the death of tens of workers and over 40 injured. In the same comments, the trade union recalls the deplorable living and working conditions of agricultural workers in the state of Pará.

In its reply, the Government states that the State of Brazil publicly condemned the events in Eldorado dos Carajás and that the Federal Government appointed the highest-level experts to support the investigations carried out against the military police. The Government states that, based on these investigations, proceedings were commenced against 87 members of the fourth battalion of the military police of Marabá/PA and 69 members of the tenth independent company of the military police of Parauapebas/PA. It adds that it is the responsibility of the military judicial authorities of the state to reach a decision concerning the events which occurred. The Government also states that, taking into account these events, the Extraordinary Ministry of Agrarian Reform was restored at the federal level with a mandate to take all the necessary measures on an urgent basis for the implementation of a national agrarian reform policy. The Government also reports that the Agrarian Reform and Settlement Institute (INCRA) has adopted a series of measures for the settlement of the families of agricultural workers. Furthermore, various draft texts have been transmitted to the Congress respecting the procedures for the expropriation and distribution of lands with a view to adopting measures to protect the agricultural workers concerned against arbitrary action by the owners of farm land and to speed up the process of the expropriation of unproductive lands. Finally, expressing its concern at the situation in rural areas, the Government notes the existence of a National Forum against Violence in Rural Areas in which, in addition to representatives of public and private institutions, the organization "Sem-Terra" is also represented.

In its reports on the application of this Convention, the Government also provides information on the various activities undertaken to give effect to Article 4 of the Convention. In this respect, the Government recognizes the unjust concentration of land in Brazil, and for that reason it has given political priority to land-related questions. In particular, the Government recalls the existence of a number of programmes to improve the economic and social conditions of rural populations in general terms and of agricultural workers in particular. It refers, among these programmes, to the Employment and Income Creation Programme (PROGER) and the Programme for the Extension of Employment and Improvement of the Life of Workers (PROEMPREGO). It also notes that the country continues to be dependent to a large extent on agricultural activity, even though the majority of the Brazilian population is in urban areas, and it provides information on the various measures that are being adopted for the rural population. In this respect, the Government mentions for example the National Programme for the Strengthening of Family-based Agriculture (PRONAF), the Programme for Small Farmers (PROGER Rural) and the Special Credit Programme for Agrarian Reform (PROCERA).

The Committee also notes the information provided concerning the application of Article 10 of the Convention and refers to its observation on the application of Convention No. 131.

The Committee notes the detailed information provided by the Government on the observations made by the National Union of Labour Inspectors (SNAIT) and requests it to continue to provide information on the measures adopted to give effect to the Convention, and particularly the decisions of the military court of the state in the procedures concerning the events which occurred in "Eldorado dos Carajás".

A request is being addressed directly to the Government on other points of the Convention.

[The Government is asked to report in detail in 2000.]