NATIONAL CAMPAIGN FOR REGULARIZATION OF QUILOMBO LAND
QUILOMBOL@ www.cohre.org/quilombos
No.6 August 2005
Master Plan - Territorial planning and the quilombos The identification, recognition and titling of lands occupied by Quilombos is the responsibility of the Ministry of Agrarian Development and the INCRA, but the municipalities may play an important role in the inclusion of Quilombo lands in the plans for territorial and urban development in cities. The Master Plan is defined by the Federal Constitution (article 182) and the City Statute (Federal Law 10.257/ 2001) as the basic political instrument for sustainable urban development. It serves to regulate the use and occupation of the land in all of the municipal territory. This means that the health and ecological balance of the environment will be guaranteed for current and future generations. The City Statute (article 40) establishes that the Master Plan must encompass the municipal territory as a whole, as the policies for urban development must promote the integration and interaction of urban and rural activities. Therefore, Quilombo lands, including rural lands, must be included in the Master Plans in order for land regularization and the implementation of basic services to be achieved. This inclusion can be done through the definition of the Areas or Zones of Special Interest (ZEIS), where they set their own rules for the use and occupation of land, which can be instituted by specific municipal laws or by the Master Plan itself. Among their objectives, the ZEIS institution plans to allow the inclusion of parts of the municipality that were not included before due to the impossibility of following the general rules of urban land occupation, as well as the introduction of services and infrastructure. The ZEIS can also regulate the real-estate market with the introduction of standards for differentiated occupations, which are capable of lowering property values and increasing offers for real-estate in low-income markets. Besides the introduction of mechanisms for the direct participation of the residents in the processes of land regularization and the
definition public investments in infrastructure, the mechanism can increase revenues in the municipality since it better regulates tax collection in these areas. This is a relevant matter and deserves the attention of popular movements, since all cities with more than 20 thousand inhabitants have a deadline set for October 10, 2006 to elaborate or improve their Master Plans to fit the rules established by the City Statute. As a result of this deadline, the City Council, from the Minister of Cities, approved Resolution 34 on July 1, 2005, in which recommendations were established as to the minimum content of the Master Plan. Therefore, the Master Plan must provide for: actions and measures to assure the fulfillment of the social function of the city, as much in rural areas as in urban; measures to assure the social function of urban property, public and private; the objectives, priorities and strategies for development and territorial re-organization in the city; the instruments of urban policies previewed in Article 42 of the City Statute, together with the objectives and strategies established in the Master Plan. With reference to the institution of Zones of Special Interest, the Resolution establishes that the municipality must demarcate the territories occupied by traditional communities, such as indigenous and Quilombo communities, in a way that guarantees the protection of their rights (Article 5o, II) and “to demarcate those areas for the protection, preservation and recuperation of the environment, natural or man-made, from cultural, historical, artistic, natural and archeological heritage sites� (Article 5o, VII). The ZEIS are an important instrument for the recognition, regularization and inclusion of Quilombo communities into municipal territories and public policies on social, economic, and environmental development, guaranteeing access to services and infrastructure and respect for their cultures and ways of life.