federal government is constantly adopting measures to ensure that the members of
those communities enjoy their human rights, especially their economic, cultural and
social rights. Through the “Agência Espacial Brasileira” (AEB – Brazilian Space
Agency), “INFRAERO” (Aeroportos Brasileiros) and other State agencies, the State
has taken alleviative measures to benefit the local communities, such as payment of
compensation,
improvement
and
revitalization
of
the
“agrovilas” infrastructure, sustainable development of the populations affected by
the CLA’s establishment, and titling of land and homes of 312 families moved to
“agrovilas” as a result of the construction of the CLA facilities.
31.
Brazil’s Federal Government established a special program in the
2004-2007
“Pluriannual
Plan”
for
development
of
the
remaining quilombo communities, spelling out responsibilities and deadlines for
execution. Brazil’s “Quilombo Program” is a combination of measures by various
areas of government, all targeting the sustainable development of
the quilombo communities, which is tailored to their historical and modern-day
distinguishing traits.
32.
The Brazilian State reports that starting in 1998, the “Fundação
Cultural Palmares” (FCP – Palmares Cultural Foundation)[11] 11 stepped up its efforts
in the Alcântara area, partnering with a number of Maranhão state and federal
government agencies. The FCP took the initiative of establishing a dialogue with
Alcântara’s remaining quilombo communities, their representative entities, support
organizations and religious leaders. The State is of the view that while the process
of legalizing the communities title to the land has not yet been concluded, the FCP is
working hard to complete the work and deed them the land.
33.
The Brazilian State therefore contends that it unambiguously adheres
to the international consensus as to the indivisibility and interdependence of all
human rights, as stated in the 1993 “Vienna Declaration and Program of
Action”. However, it explains, the so-called second-generation rights are
programmatic aspirations and their realization, especially in a country like Brazil with
pronounced regional differences, will necessarily be gradual.
34.
The State argues that the public interest purpose of the “Alcântara
Launch Center” did not change when Brazil and its technological partners entered
into bilateral agreements for commercial exploitation of this station, including the
“Agreement on Technological Safeguards” that the Brazilian Government concluded
with the United States Government on April 18, 2000. It contends that the social
purpose of the CLA was kept entirely intact, as the social, economic and technological
development objectives established in the legal documents creating the rocket launch
center, and the complete Brazilian space mission were maintained and updated. The
State’s position is that the agreement between the Brazilian and United States
governments did not cause any deviation from the CLA’s original object and purpose.
35.
As for the rule requiring that internal remedies be pursued and
exhausted first, the State asserts that the Commission must declare the petition
inadmissible on the grounds of a failure to comply with the requirement set forth in
Article 46.1.a of the American Convention. It adds that the exception on the grounds
of an unwarranted delay in rendering a final judgment under the domestic remedies,
provided for in Article 46.2.c, does not apply either.
36.
The State points out that the cases prosecuted on the subject are as
follows: (a) a Public Civil Action brought by the Federal Public Prosecutor’s Office, [12]
11 The foundation responsible for identifying and issuing title to
remaining quilombolo communities pursuant to Transitory 68 of the Constitution
the
land
of
the
6