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Indigenous Brazilians Rally Against 'Death Decree' Attack on Land Demarcation
"We are fighting for life," said one Indigenous leader. "We do not want our land to be exploited, we want to continue living in harmony with nature."
Oct 31, 2024
Thousands of Indigenous Brazilians rallied and marched in the capital Brasília and staged demonstrations in at least five states on Wednesday in a bid to block a proposed constitutional amendment that critics say could halt or even reverse the process of demarcating native lands.
Constitutional Amendment Proposal (PEC) 48 was introduced in September 2023 by federal Sen. Hiran Gonçalves of the right-wing Progressives party. The amendment would constitutionally enshrine a thesis backed by the country's powerful agribusiness sector under which Indigenous land claims made after October 5, 1988—the date Brazil's current constitution was adopted—would be invalidated.
Many Indigenous Brazilians call the proposal the "PEC of death." The Articulation of the Indigenous Peoples of Brazil (APIB), the country's leading nongovernmental Indian advocacy group, says the amendment "is an agribusiness and anti-Indigenous proposal as it violates the original right of peoples to their ancestral territory, already recognized by the 1988 constitution, which PEC 48 seeks to alter."
"The measure also ignores the violence and persecutions that Indigenous peoples have faced for over 500 years, especially during the military dictatorship, which prevented many peoples from being in their territories on that exact date in 1988," APIB added, referring to the U.S.-backed regime that ruled through terror and torture from 1964-85 and in whose army former far-right Brazilian President Jair Bolsnaro—a big supporter of PEC 48—proudly served.
On September 21, 2023, Brazil's Supreme Federal Tribunal ruled 9-2 that the Temporal Framework thesis is unconstitutional. On the same day, both houses of Brazil's Congress approved PL 2903, which contained provisions to codify the Temporal Framework.
Leftist Brazilian President Luiz Inácio Lula da Silva subsequently issued a veto for parts of the bill dealing with the Temporal Framework and other provisions that abolished Indigenous peoples' right to free, prior, and informed consultation; made it easier to intrude upon Indigenous lands; and would have banned the expansion of previously demarcated Indigenous lands.
However, right-wing Brazilian lawmakers overruled Lula's veto in December 2023. Despite being declared unconstitutional, lawmakers passed Law 14.701, which codified the Temporal Framework and was subsequently challenged in multiple lawsuits. In April 2024, the Supreme Federal Tribunal suspended these cases and suggested a process of mediation and conciliation between Indigenous people and agribusiness interests. That process began in August.
In a Wednesday interview with Agência Brasil, APIC executive coordinator Alberto Terena of the Terena Indigenous community said that PEC 48 "is a threat against our demarcated lands" that will exacerbate the planetary climate emergency.
"As soon as we stop protecting the environment, the climate crisis will be even worse," he argued. "Indigenous lands are the territories with the greatest preservation of the environment, the greatest biodiversity. We are fighting for life. We do not want our land to be exploited, we want to continue living in harmony with nature."
The demonstrations in Brazil came as a United Nations biodiversity summit (COP16) is underway in neighboring Colombia. Indigenous rights advocates reported that Amazon defender Txai Suruí, one of Brazil's best-known Indigenous activists, was accosted at COP16 after speaking out against the Temporal Framework.
Takakpe Tapayuna Metuktire of the Raoni Institute, which promotes Indigenous rights and sustainability, toldg1 that the Temporal Framework is a death decree for us and our children."
Brian O'Donnell, head of the international advocacy group Campaign for Nature, said in a statement Thursday that "if the world is to maintain its important cultural diversity, or achieve its biodiversity and climate goals, Indigenous peoples' territories must be recognized and secured."
"We are outraged by the assault on Indigenous territories and the disenfranchisement of Indigenous people," O'Donnell added. "Their rights to their ancestral lands must be secured. We stand in solidarity with Indigenous people in Brazil and around the world, who are calling for this ill-conceived set of policies to be scrapped and for world leaders to recognize the territorial rights of Indigenous peoples."
In addition to the Brasília rally and march, Indigenous-led demonstrations saw road blockages and other actions across the country of 200 million inhabitants. Protests took place in the states of São Paulo, Santa Catarina, Rio Grande do Sul, Maranhão, and Roraima.
"We will not stop our mobilization as long as there is this assault on our rights," said Terena. "This march is not only in the streets, but in Congress and other government agencies... We want the constitution to be respected within this country."
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Indigenous Brazilians Mobilize for Land Demarcation, Tribal Rights
Participants in the 20th Free Land Camp demanded that leftist Brazilian President Luiz Inácio Lula da Silva deliver on his promises to Indigenous people.
Apr 26, 2024
Thousands of people rallied this week in Brasília for the 20th annual Free Land Camp—the largest gathering of Indigenous people in Brazil—where participants demanded that President Luiz Inácio Lula da Silva's administration safeguard their lands and cultural rights
Organized by the Association of Brazil's Indigenous Peoples (APIB), the five-day Free Land Camp—in Portuguese, Acampamento Terra Livre (ATL)—wrapped up Friday after a week of solidarity and action. Activities included rallies and marches; events commemorating slain Indigenous activists; and plenary sessions on the climate emergency, education, mental health, and more.
Some participants criticized Lula—who was notably absent from this year's ATL after attending the previous two camps—for what they said was his failure to fulfill campaign promises to Indigenous Brazilians—although attendees also acknowledged that his administration has taken major steps toward tackling illegal resource extraction and demarcating tribal lands.
Two big issues at this year's ATL—whose theme was "Our Existence is Ancestral: We Have Always Been Here!"—were the demarcation of Indigenous lands and opposition to proposed Amazon megaprojects, especially the plan to build the EF-170 railway through the heart of the imperiled rainforest in order to boost mining, logging, agribusiness, and other resource extraction and exploitation.
Last year, Brazilian lawmakers overruled Lula's partial veto of the highly contentious "Marco Temporal" law, which effectively paused demarcations and potentially opened more Indigenous lands to exploitation.
Demarcation confers legal protections against the illegal logging, mining, and ranching that have plagued rural Brazil for generations. On April 19—Indigenous Peoples Day in Brazil—Lula touted his government's demarcation of Aldeia Velha, land of the Pataxó people, in the northeastern state of Bahia, as well as the territory of the Karajá people in Cacique Fontoura, Mato Grosso.
Lula has acknowledged that his administration is falling short of its own demarcation pledges to Indigenous people and has promised to do more.
Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, criticized the demarcation delay.
"Twenty years of resistance struggle by the Terra Livre camp. For 20 years we've been coming to Brasília, occupying and seeking our rights," she said. "This year, we're waiting for the government to demarcate all our lands. But the government is letting the [state] governors decide for us."
"This is not what we expect. It's not the governor's decision to make. It's the federal government's," Korap Munduruku added. "This is written in the Constitution, and we see that we are being used."
Brazilian and international agribusiness interests, including commodity traders like U.S.-based Cargill, are pushing Lula's administration to proceed with EF-170—commonly called the Ferrogrão—over the objections of Indigenous peoples. Kayapó leader Doto Takak-Ire warned last year that the Ferrogrão threatens the survival of no less than 48 native peoples, calling the project "the railway of Indigenous genocide."
Earlier this year, Brazilian Transport Minister Renan Filho said that building the Ferrogrão is a top administration priority, sparking widespread disappointment and anger among the Kayapó and other Indigenous people who say they'll be adversely affected by the railway.
ATL participants on Thursday led a "train of death" through Brasília's Esplanade of Ministries, a greenway bisecting numerous government buildings, to draw attention to the project's perils.
"Ferrogrão is the train of death, of deforestation," Korap Munduruku said Thursday.
"The railroad is not going to carry people, as they claim, but grain production of international companies that are financing this project," she continued. "It's a project that will affect not only Indigenous people, but also traditional communities and the people who live in the towns alongside its route."
"In addition, it is a project that will affect people all over the world because it would exacerbate climate change with the massive deforestation it would cause," Korap Munduruku added.
APIB executive coordinator Kleber Karipuna said the government did not adequately consult Indigenous peoples when planning the Ferrogrão.
"Hearings have only been held in cities, none in Indigenous villages," the Karipuna tribal leader said. "Once again, we demand that the protocols for consulting Indigenous peoples be respected. Additionally, the absence of a consultation protocol should not be used as an excuse to deny consultation of peoples affected by the project."
Takakpe Tapayuna Metuktire of the Raoni Institute, which promotes Indigenous rights and sustainability, warned that "Ferrogrão represents the death of kilometers and kilometers of forest."
"While we should be thinking about how to preserve what remains and think about alternative infrastructure projects that respect our rights, nature, and Indigenous and traditional peoples," Tapayuna Metuktire asserted. "We are fighting to prevent yet another project of death and destruction from prevailing in the Amazon. With Ferrogrão all that will be left is scorched earth."
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Indigenous Brazilians Lament Lula's Unfulfilled Land Demarcation Promises
"This is revolting for us Indigenous peoples to have had so much faith in the government's commitments to our rights and the demarcation of our territories," said one Indigenous leader.
Apr 19, 2024
Friday is Indigenous Peoples Day in Brazil, and tribal leaders and activists used the occasion to criticize the left-wing government of Brazilian President Luiz Inácio Lula da Silva for falling short on promises to safeguard native land rights.
On Thursday, the Brazilian government announced the demarcation of Aldeia Velha, land of the Pataxó people, in the northeastern state of Bahia, as well as the territory of the Karajá people in Cacique Fontoura, Mato Grosso.
"Since the beginning of the current government, 10 areas have been regularized out of a total of 14 routed for approval," the government said in a statement. "The act reaffirms the focus of the federal government on the protection and respect of Indigenous peoples."
However, Indigenous peoples were anticipating the demarcation of six new territories. Lula acknowledged their disappointment.
"I know you are apprehensive and expected the demarcation of six Indigenous lands. But now we only announce two. And I'm being real with you," he said.
"Some of this missing land is occupied either by farmers or peasants," the president explained. "We cannot arrive without giving these people an alternative. Some governors asked for time to resolve, in a negotiated manner, the eviction of these territories so that we can demarcate them."
"The definition of these lands is already ready. What we do not want is to promise you today, and tomorrow you read in the newspaper, that a contrary decision was made," Lula added. "The frustration would be greater."
But the frustration was already there—and growing.
"This is revolting for us Indigenous peoples to have had so much faith in the government's commitments to our rights and the demarcation of our territories," Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, told Amazon Watch in a statement published Friday.
"We hear all of these discussions about environmental and climate protection, but without support for Indigenous peoples on the front lines, suffering serious attacks and threats. Lula cannot speak about fighting climate change without fulfilling his duty to demarcate our lands," she added.
Articulation of Indigenous Peoples of Brazil (APIB), an umbrella group, said in a statement earlier this week that "the most serious thing is that the Lula government is tarnishing its historical trajectory."
"Since campaigning for his first term in 2002, the president has committed to demarcating Indigenous lands, but he was one of the governments that demarcated the least," the group contended. "And now, like other old and conservative governments, in the name of the country's progress and economic development, [Lula's government] undermines the basis of Indigenous peoples' existence, becoming hostage to the market, the powerbrokers, agribusiness, evangelicals, and the military."
APIB demanded that Lula "put an end to the criminal organizations that intimidate our people and communities, persecute and murder our leaders" and "dedicate farms for agrarian reform and demarcate our lands, which have been invaded and plundered for centuries by the invaders who arrived here 524 years ago and their current descendants."
Thousands of Indigenous peoples from throughout Brazil are expected to rally in the capital Brasília next week for the Terra Livre—or Free Land, camp—the country's largest annual native mobilization. Two years ago, Lula, then a presidential candidate, told Terra Livre attendees that he would end illegal mining on Indigenous lands. Despite a crackdown that resulted in an initial dramatic drop in illicit mineral extraction on Indigenous lands, illegal miners have returned with a vengeance in places including land belonging to the Yanomami people.
Criticism of Lula's demarcation process and the Brazilian government's Indigenous rights record came from outside Brazil as well.
"Human rights defenders are under extreme threat in Brazil. The federal government knows this but has so far failed to put the structures in place to provide them with better protection and tackle the root causes of the risks they face," Mary Lawlor, the United Nations special rapporteur on the situation of human rights defenders, in a Friday statement after an official visit to Brazil.
"Land is also the key to the protection of these defenders," she continued. "When I asked them what they thought would protect them they were clear: removal of invaders and demarcation now; accountability for environmental crimes. This for them is what collective protection, which is what is needed, means."
"There must be demarcation and titling," Lawlor added. "There can be no more delay."
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