26/Oct/2023
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Although the Time Frame thesis was one of the points vetoed by President Lula, the National Congress still has the power to reverse the vetoes.
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Furthermore, the President approved certain measures from PL 2903 that threaten the sovereignty of Indigenous Peoples over their lands and the global climate future.
Contrary to the Indigenous movement’s demand for a complete veto of PL 2.903/2023, President Lula announced his partial veto on October 20th. Therefore, the presidential decision removes the Time Frame from the proposal, as well as the cultivation of genetically modified species in Indigenous Lands; the construction of major infrastructure projects, such as hydroelectric plants and highways, without prior, free, and informed consultation; and the relaxation of policies protecting Indigenous peoples in voluntary isolation. On the other hand, two of the measures in PL approved by the President relax the exclusive use of Indigenous peoples over their territories, which are considered critical by the Apib.
In 2023, Bill 2,903/2023 represented one of the greatest threats to the rights of Indigenous Peoples in Brazil. It was conceived based on anti-Indigenous principles and approved by the National Congress under the influence of the ruralist caucus. For this reason, Apib called for the total veto of the project that prioritizes large landowners’ interests at the expense of Indigenous rights.
Last Friday (20), President Luiz Inácio Lula da Silva announced that he would veto certain aspects of the bill, including the proposal to establish the Temporal Marker, but he approved other threatening provisions for Indigenous Peoples. This includes the loss of exclusive use of their lands due to defense or national sovereignty interests in the land, as well as economic cooperation activities between Indigenous and non-Indigenous people.
These measures went into effect on October 20, under Law 14,701/2023. The remaining vetoed aspects will be reviewed on 9th November by a joint committee of senators and deputies who will decide whether to accept or annul the measures vetoed by Lula.
Which aspects of Bill 2,903/2023 were vetoed by Lula?
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Time Frame: the thesis that Indigenous Peoples need to prove their presence on their ancestral lands on the date of the promulgation of the Federal Constitution on October 5, 1988, to be entitled to recognition and demarcation as Indigenous Land, was overturned. The Time Frame thesis had already been declared unconstitutional by the Supreme Federal Court (STF) on September 27, 2023.
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Compensation for invaders and illegal occupants of recognized Indigenous territories.
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Annulment of the demarcation of an Indigenous Land and expropriation due to the “alteration of cultural characteristics” of the Indigenous community.
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Installation of equipment and communication networks, as well as the construction of infrastructure in Indigenous Lands, such as roads and transportation routes.
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Cultivation of genetically modified organisms in Indigenous Lands.
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Forced contact with Indigenous peoples in voluntary isolation.
Permission to establish military bases, units, military posts, or military interventions in Indigenous Lands.
- Exploitation of resources for energy generation, energy projects in general, and extraction of natural resources without prior, free, and informed consultation of affected communities or the competent federal Indigenous agency.
What are the next steps for the analysis of the vetoes?
Apib emphasizes that the Indigenous movement’s demand was for Lula to fully veto Bill 2,903/2023. In this context, we are alerting about the need for the partial vetoes to be upheld by lawmakers. Senators and deputies will form a mixed committee to review the points vetoed by Lula. The date for such an assessment has not been determined yet, but the ruralist caucus (Frente Parlamentar da Agropecuária) has already issued an official statement claiming to have enough votes to overturn all vetoes in the National Congress.
The struggle, therefore, is not over. Apib warns of the need to continue mobilizing because if these vetoes are annulled by Congress, they will be officially included as part of Law 14,701/2023. This threatens the survival of Indigenous Peoples, violates the guidelines of the UN Human Rights Committee of which Brazil is a signatory, and jeopardizes the global climate future. Only the Supreme Federal Court (STF) could reconsider the constitutionality of the law through a new judicial process.
Which measures were not vetoed and are threatening Indigenous Peoples and the fight against the climate crisis?
PL 2903 has already come into effect as Law 14,701/2023 with the provisions that were not vetoed by President Lula. Among them, there are still various threats to Indigenous Peoples, biodiversity, and the guarantee of climate balance provided by Indigenous Lands. Among the non-vetoed points, two are critical as they open the door to violations of Indigenous rights:
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Article 20 states that exclusive use of Indigenous Land does not override the interest of defense and national sovereignty policy.
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Article 26 deals with cooperation between Indigenous and non-Indigenous people for the exploitation of economic activities, which can increase pressure from third parties to relax the rights of Indigenous Peoples to exclusive enjoyment of their lands.
We assert that Article 20 is dangerous, as it could similarly provide a loophole to mitigate exclusive use, based on the generic concept of “defense policy interest,” justifying military interventions in the territories. It is also relevant to consider that there are already 96,000 hectares of overlapping areas with Indigenous lands illegally, and this supposed cooperation between Indigenous and non-Indigenous people will not be peaceful or free from high costs to the autonomy and preservation of Indigenous ways of life. Furthermore, we reinforce that Indigenous Peoples are protected by Article 231, §6o, of the Constitution, which stipulates that the relevant interest of the Union should be determined by a Complementary Law, not an Ordinary Law, as is the case with Law 14,701/2023.
Questioning the sovereignty of Indigenous Peoples in their territories is one of the factors contributing to the increase in land conflicts in Brazil. The Report on Violence Against Indigenous Peoples in Brazil in 2022 demonstrated that between 2019 and 2022, 795 Indigenous people were recorded as murdered during Jair Bolsonaro’s government, representing a 54% increase compared to the governments of Dilma Rousseff and Michel Temer, with most of these crimes directly related to territorial conflicts. Apib believes that this significant increase in violence is directly related to the speeches promoted by then-President Bolsonaro against Indigenous territorial rights, combined with the complete dismantling of Indigenous policy during this period.
Similarly, deforestation and the destruction of biodiversity in Indigenous Lands represent an international threat to the global climate balance. In the last 30 years, Brazil lost 69 million hectares of native vegetation. However, only 1.6% of this deforestation was recorded in Indigenous Lands. Furthermore, Indigenous territories house 80% of the planet’s biodiversity but are threatened by the advance of agribusiness and extractive industries, development, and tourism, as highlighted in the UN State of the World’s Indigenous Peoples report published in 2021.
Therefore, Apib warns that the impacts of Law 14,701/2023 and the potential overturning of the presidential vetoes on PL 2903 will have consequences not only for Indigenous Peoples but also global repercussions for climate balance. It is impossible to establish consistent national policies and international agreements against climate change without ensuring full enjoyment of Indigenous Peoples in their territories. Hence, our struggle continues.
19/Oct/2023
The UN Committee recommends that the Brazilian state rejects the Time Frame thesis
The enactment of Bill 2,903/2023, which questions the demarcation of Indigenous Lands (TIs) with the Time Frame thesis and seeks to authorize the construction of infrastructure in TIs without prior consultation, among other proposals, makes it impossible to comply with the recently published recommendations of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of the UN. The Committee on Economic, Social, and Cultural Rights (CESCR) recommends that the Brazilian state expedite the demarcation, regularization, and titling of the territories of Indigenous Peoples and reject the application and institutionalization of the Time Frame thesis, among other recommendations. Therefore, if President Luiz Inácio Lula da Silva promulgates this Bill, he will be violating the rights of Indigenous Peoples in Brazil and also failing to fulfill the binding commitments of the Covenant.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR), monitored by the CESCR, of which Brazil has been a signatory since 1992, presented its conclusions on October 13th regarding the country’s third periodic report, submitted by the federal government and supplemented by consultations with civil society organizations and movements. In this context, the Apib submitted a document with various complaints about the violation of Indigenous Peoples’ Human Rights.
Regarding the current situation of Indigenous rights violations in Brazil, the Committee recommended in its report: expediting the demarcation of Indigenous Lands; rejecting the Time Frame thesis; establishing legally binding protocols for the exercise of the right to prior, free, and informed consent on any decision affecting Indigenous populations; adopting measures against deforestation; protecting water resources polluted by activities such as mining; and ensuring non-discrimination based on race or culture against Indigenous Peoples, among other recommendations.
The recommendations from the Committee’s report (CESCR) aim to ensure the respect for human rights by the State Parties and provide guidance for the implementation of the Covenant (ICESCR), to which Brazil is a signatory. Therefore, compliance with the Covenant is binding for Brazil since the country ratified it. Article 1 of the Covenant guarantees the right to self-determination, economic, social, and cultural development, and free access to wealth, natural resources, and means of subsistence for all peoples. Many of the proposals in Bill 2903 clearly violate these conditions.
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International Covenant on Economic, Social and Cultural Rights
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Source: International Covenant on Economic, Social and Cultural Rights
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These recommendations issued by the CESCR regarding the rights of Indigenous Peoples in Brazil align with the recommendations issued by the Human Rights Committee concerning the International Covenant on Civil and Political Rights (CCPR) in September 2023. Brazil also underwent a review by the CCPR this year, and after a report submitted by Apib and other organizations, this Committee also expressed its concerns about rights violations resulting from the potential legalization of the Time Frame thesis. Therefore, the promulgation of Bill 2903 would be a violation of Brazil’s commitments to both Committees, as well as other international treaties to which the country is a signatory.
For more information:
Report from the Committee on Economic, Social and Cultural Rights (CESCR) (October 13)
Report of complaints submitted by Apib for Brazil’s third periodic report to the CESCR (September 20)
Report from the Human Rights Committee regarding the International Covenant on Civil and Political Rights (CCPR) (September 6)
Report of complaints submitted by Apib for Brazil’s third periodic report to the CCPR (June 19)
What are the recommendations from the CESCR report that Lula will violate if he does not fully veto Bill 2903:
1. Environment and Climate Change: The Committee expresses concern about the increase in deforestation caused by agricultural expansion and the exploitation of natural resources, impacting the livelihoods of local and traditional communities and increasing their vulnerability to climate change. Therefore, it recommends that the State take measures to stop deforestation.
– Bill 2903, through the Time Frame thesis, questions the demarcation processes of territories, including those of Indigenous Lands already demarcated, which poses a threat not only to the future of Indigenous Peoples but to all of humanity. In the last 30 years, Brazil has lost 69 million hectares of native vegetation. However,
only 1.6% of this deforestation was recorded in Indigenous Lands. Furthermore, it will be impossible to achieve zero deforestation, as promised by President Lula, and meet climate targets for reducing greenhouse gas emissions (known as NDCs, in English) if Bill 2903 plows through some of the country’s lands where deforestation rates are lower and biodiversity is higher. Preserving our biomes and policies committed to addressing climate change cannot be considered without ensuring full enjoyment of Indigenous Peoples’ territories.
2. Land Rights: The Committee raises concerns about land disputes and the resulting violence caused by territorial conflicts, recommending that the Brazilian state “protect the rights of Indigenous Peoples to ownership, use, development, and control of their lands, territories, and resources with complete security, and avoid intrusion by third-party occupants.” It also recommends that the state compensate Indigenous Peoples for any damage or loss to their territories. Furthermore, the Committee recommends that Brazil expedite the demarcation, regularization, and titling of Indigenous Peoples’ lands and reject the application and institutionalization of the Time Frame doctrine.
– This would be the main violation of the ICESCR if Bill 2903 is promulgated by President Lula because the project, approved urgently in the Senate by the ruralist caucus, aims to legalize the invasion of Indigenous territories in Brazil, disregarding the indigenato theory that recognizes the ancestral and inalienable rights of Indigenous peoples to their territories. The bill seeks to legalize the Time Frame condition for the demarcation of new lands and to review already-demarcated lands, questioning the traditional occupation, original rights, and exclusive use by Indigenous peoples of their territories.
3. Cultural and Survival Rights: According to the Committee, the lack of protection and demarcation of Indigenous Territories (TIs) hinders the exercise of their cultural rights. Therefore, it recommends that the State ensures that traditional populations have the conditions to “preserve, develop, express, and share their identity, history, culture, languages, traditions, and customs, as well as maintain their spiritual connection with their lands, territories, and resources.”
– As mentioned earlier, Bill 2903 questions in various ways the rights of Indigenous Peoples to their lands, which implies denying decent living conditions for Indigenous Peoples in Brazil and putting their cultures and survival at risk. Furthermore, the bill relaxes the policy of no-contact with Indigenous Peoples in voluntary isolation, which could signify the genocide of these peoples. For these reasons, the Indigenous movement has dubbed Bill 2903 as the Indigenous Genocide Bill.
4. Exploitation of Resources, Investments, and the Right to Prior, Free, and Informed Consultation of Indigenous Peoples: The Committee requests that Brazil develop and implement legally binding protocols and take the necessary administrative measures to ensure that prior, free, and informed consultations are conducted systematically and transparently with Indigenous Peoples, Quilombolas, and other traditional communities regarding projects that may affect them, and that independent studies on potential social, environmental, and human rights impacts are conducted.
– The Committee expresses its concern about the lack of compliance with such measures in the country, underscores the fact that Brazil continues to grant licenses for the exploitation of natural resources and large-scale investments without consulting affected communities, and requests that the Brazilian government “keep in mind and fulfill the international obligations and commitments arising from its ratification of the International Labour Organization Convention concerning Indigenous and Tribal Peoples (ILO 169), and its endorsement of the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international standards.”
– The bill proposes the legalization of natural resource exploitation in Indigenous Territories, partnerships for agricultural exploitation, as well as the authorization of the construction of roads, hydroelectric plants, and other developments in Indigenous Territories, without prior, free, and informed consultation.
5. Discrimination Against Indigenous Peoples in Brazil: The Committee points to the “continued absence of comprehensive anti-discrimination legislation” in Brazil, as well as the prevalence of socioeconomic, racial, and gender inequalities, social stigma, and discrimination against disadvantaged and marginalized groups. It recommends that the Brazilian government “take all necessary measures to prevent and combat persistent discrimination against Indigenous Peoples and other traditional communities.”
– The bill introduces racist criteria regarding who is or is not considered indigenous, poses threats to the so-called “acculturation” of Indigenous Peoples, and violates the right to racial self-identification guaranteed by the Constitution.
6. Right to Water and Sanitation: The Committee expresses its concern about access to clean water and its increasing pollution due to agricultural expansion and mining activities. Therefore, it recommends that the State “take measures to protect its water resources, including addressing the negative impacts of economic activities and natural resource exploitation, as well as the effects of climate change, and adopt a legal framework that ensures legal accountability for state and private companies that pollute water resources.”
– The bill proposes the legalization of monocultures, soybean farming, cattle ranching, and the promotion of mining and mining activities in Indigenous Lands, which have the consequence of polluting water resources.
About the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of the UN:
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) was adopted by Resolution No. 2,200-A (XXI) of the United Nations General Assembly in 1966 and ratified by Brazil on January 24, 1992. Its purpose is to give binding force to the commitments established in the Universal Declaration of Human Rights. Accordingly, the status of these rights should be monitored by the periodic submission of reports by States Parties, assessing the degree of their implementation and the difficulties in realizing them. The oversight of the Covenant falls under the purview of the UN Committee on Economic, Social, and Cultural Rights when evaluating these reports. Brazil has been subject to periodic reviews by the ICESCR Committee on previous occasions, the most recent of which occurred in 2009. It is worth noting, however, that Brazil has chosen not to ratify the Optional Protocol to allow victims of violations of economic, social, and cultural rights access to international justice.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service: +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
04/Oct/2023
Photo: @scarlettrphoto
On September 27, the Brazilian Senate approved the bill that seeks to legalize the Time Frame thesis for Indigenous land demarcation, along with other crimes that threaten Brazil’s Indigenous peoples. The bill PL 2903/2023 is currently under review by the Presidency of the Republic: the president Luiz Inácio Lula da Silva has until October 18 to either approve or veto (in full or in part) the bill. Apib demands a complete veto of the bill and urges Lula to commit to respecting the rights of Indigenous Peoples and ensuring the protection of Indigenous Lands, as they represent a safeguard against global climate change.
PL 2903, dubbed by the Indigenous movement as the Indigenous Genocide Bill, aims to legalize social and environmental crimes and poses a threat to the lives of Indigenous Peoples in Brazil. In addition to the Time Frame, the bill includes the relaxation of the no-contact policy with voluntarily isolated Indigenous Peoples and opens the door to commodity production and infrastructure construction in Indigenous Lands, among other violations of Indigenous rights. In line with the Supreme Federal Court’s decision on September 27, declaring the Time Frame unconstitutional, and consistent with the current Brazilian Government’s commitment to respecting Indigenous Peoples’ rights, Apib requests that Lula fully veto all provisions of the Indigenous Genocide Bill.
The Articulation, along with other civil society organizations, has sent an urgent appeal to the United Nations (UN) denouncing the violence suffered by Indigenous Peoples in Brazil, warning about the approval of PL 2903, and requesting support to urge Lula to veto the bill.
Even if the Time Frame thesis has been annulled and deemed unconstitutional by the Supreme Federal Court, the ruralist caucus in the Senate accelerated the vote and approved the Indigenous Genocide Bill. Bolsonaro has left the presidency, but Bolsonarism and Indigenous genocide continue, with a majority in Congress.
It is impossible to combat climate change without demarcating Indigenous Lands
Elected as an alternative to the anti-Indigenous conservatism of former President Jair Bolsonaro and under the promise to completely eradicate deforestation in the Amazon by 2030, President Lula now has the opportunity to reaffirm his commitment to protecting the rights of Indigenous Peoples and addressing the climate crisis. PL 2903 represents a threat to the global climate and biodiversity, both of which are partly ensured through environmental protection within Indigenous Lands.
Apib warns that, in addition to the Time Frame, PL 2903 seeks to legalize crimes against Indigenous Peoples in favor of political and economic interests supported by the ruralist caucus in the Senate. Apib points out seven other proposals in the Indigenous Genocide Bill that must be vetoed by Lula, as they represent crimes against Indigenous Peoples and a threat to all of humanity:
1. Establish racist criteria for who is or isn’t Indigenous;
2. Allow the construction of roads, hydroelectric dams, and other projects in Indigenous Lands without prior, free, and informed consultation;
3. Permit monocultures, soybean cultivation, livestock farming, promotion of mining, and resource extraction in Indigenous Lands;
4. Open the possibility of challenging the demarcation processes of territories, including those of already-demarcated Indigenous Lands;
5. Recognize the legitimacy of land possession by invaders of Indigenous Lands;
6. Relax the no-contact policy with voluntarily isolated Indigenous Peoples;
7. Modify constitutional concepts of Indigenous policy, such as the traditional occupancy, original rights, and exclusive enjoyment of Indigenous Peoples over their territories.
Eradicating deforestation and meeting the Nationally Determined Contributions (NDCs) for reducing greenhouse gas emissions will become, both, unattainable commitments if PL 2903 is approved and allows the destruction of some of the country’s lands with the lowest deforestation rates and the highest biodiversity. In the past 30 years, Brazil has lost 69 million hectares of native vegetation. However, only 1.6% of this deforestation has occurred within Indigenous Lands. Preserving all of Brazil’s biomes and implementing consistent climate policies are only possible by ensuring the full access of Indigenous Peoples to their territories.
In December, Brazil will assume the presidency of the G20 under the theme of justice and sustainability. However, the global economic future will be tainted by blood if the violence suffered by Indigenous Peoples as a result of the growth of devastating criminal activities is not halted. During the opening conference of the United Nations General Assembly, Lula reaffirmed his commitment to implementing the 17 Sustainable Development Goals in an integrated and indivisible manner, stating that “in Brazil, we have already proven once, and we will prove again, that a socially just and environmentally sustainable model is possible.” Nevertheless, social justice is unattainable without guaranteeing the lives of traditional populations, and an environmentally sustainable model cannot exist without standing forests. Therefore, the fight against climate change is only possible with respect for and demarcation of Indigenous Lands.
Protests Against the Time Frame thesis
The Indigenous movement has carried out approximately 300 protests against the Time Frame thesis so far in 2023. These protests took place between May and September and were organized and coordinated by Apib and its seven regional grassroots organizations.
Lula, Veto everything! Support the Indigenous movement and say no to the Indigenous Genocide Bill. Join the #VetaTudoLulaPL2903 campaign. Tag President Lula on social media, organize actions in communities, cities, and networks. Support the Indigenous movement and urge President Lula to uphold his commitment to respecting the rights of Indigenous Peoples and fighting against climate change.
The Time Frame is a political thesis supported by agribusiness and disregards the decision of the Supreme Court
After a two-year process, on September 27, Brazil’s Supreme Court annulled the Time Frame proposal with a majority vote of 9 to 2 and added the condition of compensation for those who own property in an area recognized as Indigenous Land for demarcation. However, under an expedited process, on the same day, the Senate voted on PL 2903, which was ultimately approved with 43 votes in favor and 21 against.
Apib emphasizes that the Senate’s actions challenge the Supreme Court to serve the interests of agribusiness and Brazilian politicians who have direct ties to the invasion of Indigenous lands, as demonstrated by the dossier “The Invaders” by the journalistic group De olho nos ruralistas. According to the study, representatives of the National Congress and the Executive branch own approximately 96,000 hectares of land that overlap with Indigenous lands. Furthermore, many of them received funding from invading farmers in Indigenous Lands, who donated 3.6 million reais to the electoral campaigns of ruralists. This group of invaders supported 29 political campaigns in 2022, totaling 5,313,843.44 reais. Out of this total, 1,163,385.00 reais were allocated to the defeated candidate, Jair Bolsonaro (PL).
Additionally, after the annulment of the Time Frame by the Supreme Court, Senator Dr. Hiran (PP-RR) introduced a Constitutional Amendment Proposal (PEC) on September 21 aimed at establishing the Time Frame thesis. Named PEC 048/2023, the amendment seeks to modify the 1988 Federal Constitution, which recognizes the original rights of Indigenous peoples over traditionally occupied lands.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
28/Sep/2023
Photo: Tukumã Pataxó/Apib
After two years of trial, Brazil’s Supreme Federal Court (STF) concluded its decision on the unconstitutionality of the Time Frame thesis on the 27th and reaffirmed the original right of Indigenous Peoples to the exclusive use of their ancestral territories. However, on the same day, the Federal Senate urgently approved Bill 2,903/2023, which aims to turn the Time Frame thesis into law and legalize various other violations of indigenous rights.
“The Senate seeks to perpetuate the indigenous genocide. This bill legalizes crimes that threaten indigenous lives and intensify the climate crisis. The bill is unconstitutional, and the STF has already annulled the Time Frame thesis, but the project contains many other setbacks to indigenous rights beyond this frame. We continue to fight and ask President Lula to veto this bill and fulfill his commitment to Indigenous Peoples,” emphasized Kleber Karipuna, Executive Coordinator of the Articulation of Indigenous Peoples of Brazil (Apib). The speed with which the bill’s process was expedited in the Senate is due to pressure from the ruralist caucus and large business groups that would be the sole beneficiaries of the Time Frame thesis’s approval.
The vote in the Senate resulted in 43 in favor and 21 against PL 2903. Among those who supported the legalization of genocide were Senators Marcos Rogério (DEM-RO), who invaded 98 hectares of indigenous land in the Jamari Valley in Rondônia; Jaime Bagattoli, who encroached on over 2,000 hectares of the Rio Omerê Indigenous Land; and Senator Tereza Cristina, former Minister of Agriculture in Bolsonaro’s anti-indigenous government.
After the Senate approved PL 2903, it is now up to the Presidency of the Federal Government to review and issue an opinion. President Lula has 15 business days from the publication of the project to decide on its approval or veto. Apib demands that President Lula veto the clearly unconstitutional PL and maintain his commitment to respecting the rights of Indigenous Peoples, as publicly expressed during his participation in the Terra Livre Camp (ATL) in 2022 and 2023.
The Supreme Court concludes that the Time Frame thesis is unconstitutional but approves new compensation conditions for the demarcation of Indigenous Lands
Last Thursday (09/21), with a result of 9 votes in favor and 2 against the Time Frame thesis, the STF achieved an important victory in the fight for the rights of Indigenous Peoples. However, some proposals presented by certain ministers opened a debate on the negotiation of indigenous rights. The proposal to relax the exploitation of resources in Indigenous Lands, allowing natural and mineral exploration, was excluded from the trial, while the thesis of prior compensation was left for the second negotiation yesterday when the 11 ministers met again to define the details of the final decision against the Time Frame thesis.
Despite the majority expressing support for the unconstitutionality of the thesis, the STF recognized criteria for prior compensation to occupants of Indigenous Lands. With this decision, invaders can receive prior compensation from the State for the value of the invaded land and potential assets that may have been worked on and built on it. Given Brazil’s history of land grabbing, this compensation proposal opens the door to increased land corruption and rewards invaders of indigenous territories.
Who benefits from the Time Frame thesis? The ruralist caucus in the Senate secures the majority to approve the Time Frame bill
On the same day, at the same time that the conclusion of the Supreme Court’s final vote on the unconstitutionality of the Time Frame thesis was announced, the Senate turned a deaf ear and advanced the violation of indigenous rights by approving PL 2903, which Apib has called the “Genocide Bill” due to various unconstitutionality and rights violations contained in the project.
The Genocide Bill proposes:
- Conditioning the right to their ancestral territories only for peoples who were on them on October 5, 1988, the date of the Constitution’s promulgation (Time Frame thesis).
- Authorizing the construction of roads, dams, and other works in Indigenous Lands without prior, free, and informed consultation.
- Allowing soybean cultivation, cattle breeding, promotion of mining, and mineral extraction in Indigenous Lands.
- Allowing anyone to question the processes of territory demarcation, including those that have already been demarcated.
- Recognizing the legitimacy of land possession by invaders of Indigenous Lands.
- Establishing racist criteria for determining who is or is not indigenous.
- Relaxing the policy of no contact with indigenous peoples in voluntary isolation.
- Reformulating constitutional concepts of indigenous policy, such as the traditionality of occupation, original rights, and the exclusive use of territories by Indigenous Peoples.
Among the threats, Apib highlights illegal occupation in some Indigenous Lands. Based on the cross-referencing of land data from the National Institute for Colonization and Agrarian Reform (Incra), the reports “The Invaders” conducted by De Olho nos Ruralistas show 1,692 overlapping farms in indigenous lands, representing 1.18 million hectares, and of that total, 95.5% are in territories pending demarcation. Brazilian politicians, representatives in the National Congress and the executive branch, own 96,000 hectares of properties that overlap illegally with Indigenous Lands. Furthermore, many of them were funded by farmer invaders of Indigenous Lands, who donated 3.6 million reais to the ruralists’ electoral campaign. This group of invaders funded 29 political campaigns in 2022, totaling 5,313,843.44 reais. Of this total, 1,163,385.00 reais were directed to the defeated candidate, Jair Bolsonaro (PL). It’s a lot of land for a few farmers.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
27/Sep/2023
Foto: Tukumã Pataxó
Once again, the Senate is trying to trample on the rights of indigenous peoples by putting Bill 2903 on the agenda, which attempts to turn the Time Frame thesis into law and seeks to legalize crimes against indigenous people. The Senate’s Constitution and Justice Committee (CCJ) will vote on the bill this Wednesday (27), starting at 10am (Brasília time), which has been named by the Articulation of Indigenous Peoples of Brazil (Apib) as the Genocide Bill.
The bill will be considered on the same day that the Supreme Federal Court (STF) resumes the Time Frame trial, scheduled to start at 2pm. The Justices will debate the proposals on compensation, mining and the exchange of Indigenous Lands that have arisen in the sessions throughout the trial.
In a historic session last Thursday (21/09), the STF formed a majority of votes to overturn the thesis sponsored by agribusiness in the judiciary. With a 9-2 vote against the Time Frame, the Court formed a majority and sealed an important victory in the fight for indigenous peoples’ rights, but the proposals presented by Justices Alexandre de Moraes and Dias Toffoli will only be discussed on Wednesday, the 27th. Find out how the STF voted here.
In the Senate, the vote was scheduled for September 20, but the session was marked by a lack of dialog: indigenous leaders were prevented from entering the room and the CCJ rejected the request for a public hearing. After a collective request by the senators, the vote was also postponed until September 27.
For Apib, the Senate’s decision is an affront to the Supreme Court, the indigenous movement and democracy. “The Time Frame was overturned in the Supreme Court, but the struggle continues. The ruralist caucus in the Senate is putting its economic interests ahead of indigenous lives and trying to approve bill 2903 before the Supreme Court’s trial on the Time Frame is finalized,” says Kleber Karipuna, Apib’s executive coordinator.
In addition, after the Time Frame was overturned in the Supreme Court, Senator Dr. Hiran (PP-RR) filed, on September 22, a proposal to amend the Constitution (PEC) calling for the establishment of the Time Frame thesis. Named PEC 048/2023, the amendment seeks to change the 1988 Federal Constitution, which provides for the original right of indigenous peoples over traditionally occupied lands.
“The Supreme Court buried the Time Frame thesis and the Senate is trying to resurrect it with this PEC 48. It’s a move that affronts the Federal Constitution and Brazil’s democracy. The ruralists are trying to turn rights into a tug-of-war with the Supreme Court in an attempt to show who has more power. We will continue to reinforce that rights cannot be negotiated and that indigenous lives cannot continue to be massacred by the economic and political interests of anyone,” said Dinamam Tuxá, Apib’s executive coordinator.
Apib points out that the Senate’s attitudes are the result of Brazilian politicians’ direct links to the invasion of indigenous lands, as shown in the dossier “The invaders” by the journalistic website “Keeping an eye on the ruralists” (De Olho nos Ruralistas). According to the study, representatives of the National Congress and the Executive have around 96,000 hectares of land overlapping with indigenous lands. In addition, many of them were financed by ranchers who invaded indigenous lands, who donated R$3.6 million to the election campaigns of agribusiness congressmen . This group of invaders funded 29 political campaigns in 2022, totaling R$5,313,843.44 (USD 1.061.198,45). Of this total, R$1,163,385.00 (USD 232,444.56) went to the losing candidate, Jair Bolsonaro (PL).
Understand the Bill 2903
On August 23, the Senate Committee on Agriculture and Agrarian Reform (CRA) approved the text, which is now being analyzed by the CCJ. In addition to the Time Frame, Bill 2903 (formerly Bill 490) has other setbacks for the rights of indigenous peoples, points out Apib’s legal department.
According to the legal department, the bill proposes the construction of highways and hydroelectric dams in indigenous territories without free, prior and informed consultation with the affected communities and wants to allow farmers to sign production contracts with indigenous people, which violates the right of indigenous peoples to the exclusive usufruct of demarcated territories.
The Bill also authorizes anyone to question the demarcation process, including indigenous lands that have already been recognized, and favours land grabbing, as it recognizes land titles that are under areas of traditional occupation. It also resurrects the regime of guardianship and assimilationism, standards overcome by the 1988 Constitution, which deny the identity of indigenous people and makes the indigenist policy of non-contact with peoples in voluntary isolation more flexible, as well as reformulating constitutional concepts such as traditional occupation, original rights and exclusive usufruct.
Find out more about the thesis that could define the future of indigenous peoples in the booklet and on the website: https://apiboficial.org/marco-temporal/
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body for the indigenous movement in Brazil, created from the bottom up. It brings together seven regional indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib and Guarani Yvyrupa Commission) and was born with the aim of strengthening the unity of our peoples, the articulation between the different regions and indigenous organizations in the country, as well as mobilizing indigenous peoples and organizations against threats and attacks on indigenous rights.
CONTACT
E-mail: [email protected]
22/Sep/2023
Photo: @richard_wera_mirim
With a score of 9×2 against the anti-indigenous thesis, the Articulation of Indigenous Peoples of Brazil (Apib) celebrates the results but warns about two proposals presented in the trial that still need to be discussed: compensation for land occupation and mining in Indigenous lands.
In a historic session this Thursday (09/21), Justices Luiz Fux, Cármen Lúcia, Gilmar Mendes, and Rosa Weber of the Supreme Federal Court (STF) voted against the temporal framework and formed a majority of votes to overturn the thesis in the judiciary. With a score of 9×2, the Justices’ votes concluded by overturning the Time Frame thesis. However, the trial is set to resume on the 27th to discuss two proposals raised by Moraes and Toffoli regarding prior compensation for invaders of Indigenous Territories and the utilization of resources within Indigenous Territories, which concerns the indigenous movement. The Senate vote, advocated by the ruralist caucus to begin on September 20, has also been postponed to September 27.
“We have indeed emerged victorious from the Time Frame thesis, but there is still much to be done to ward off all the threats that are also pending in the Senate, through the law proposal 2903. We remain mobilized, we continue to fight because we need to ensure and protect the rights of Indigenous Peoples,” said Dinamam Tuxá, executive coordinator of Apib, after the conclusion of the voting session at the Brazilian Supreme Court on September 21 in Brasília.
We continue mobilised to ensure that no rights are negotiated!
The Apib celebrates the victory on the Time Frame vote that recognises indigenous rights but warns that the mobilization continues because various indigenous lands are being invaded. “It is a victory for indigenous peoples because for years we have been fighting to reject this thesis that, in a way, was paralyzing the demarcation processes in Brazil. However, there are some important points to be noted because the votes of Toffoli and Moraes brought quite dangerous elements for Indigenous Peoples,” warns Tuxá. Even in a scenario with increasing violence caused by the illegal occupation of Indigenous territory, Minister Moraes raised the possibility of compensation for invaders who supposedly hold titles to rural property in “good faith,” and Toffoli defended the possibility of natural resources exploitation (water, organic, and mineral resources) located within Indigenous Lands.
The ministers voting against the Time Frame thesis were: Edson Fachin, Alexandre de Moraes, Cristiano Zanin, Luís Roberto Barroso, Dias Toffoli, Luiz Fux, Cármen Lúcia, Gilmar Mendes, and Rosa Weber. André Mendonça and Nunes Marques voted in favor of the thesis.
The Time Frame is a political thesis asserting that indigenous peoples would only have rights to their territories if they were in possession of them on October 5, 1988, the date of the promulgation of the Federal Constitution. Apib argues that the thesis is unconstitutional and anti-indigenous because it violates the original right of peoples to ancestral territory, as provided for in the Constitution itself, and ignores the violence and persecution, especially during the Brazilian military dictatorship, preventing many peoples from being on their lands on the 1988 date.
In the Supreme Court, the Time Frame refers to a possessory action (Extraordinary Appeal No. 1,017,365) involving the Xokleng Ibirama Laklaño Indigenous Land of the Xokleng, Kaingang, and Guarani peoples and the state of Santa Catarina. With the status of general repercussion, the decision in this case will serve as a guideline for all Indigenous land demarcation processes in the country. As Minister Luís Roberto Barroso stated, “the (Brazilian) Constitution is very clear, there is no ownership of land traditionally belonging to Indigenous communities. This is the solution to this case.”
Even though the result of the vote is a victory for the Indigenous Peoples of Brazil, other proposals raised by the ministers in their votes threaten the current scenario of the fight for our rights.
Minister Alexandre de Moraes voted against the Time Frame in the Supreme Court session held on June 7, 2023. Despite his opposition to the thesis, he raised a highly threatening proposal for Indigenous Peoples. Moraes assumed the existence of rural landowners in “good faith” who could receive compensation from the State if they were to be expropriated from the illegally occupied lands for the demarcation as a indigenous land.
Apib considers that, despite the existence of a little portion of small landowners who acquired titles to Indigenous lands in “good faith” due to the illegality committed by the State, the compensation proposal assumes a reward for illegal invaders who represent the majority of properties with overlaps on Indigenous lands, thus incentivizing illegal land occupation paid with public funds. Based on the cross-referencing of land data from the National Institute for Colonization and Agrarian Reform (Incra) and the data from the “The Invaders” (Os Invasores) reports conducted by De Olho nos Ruralistas, there are 1,692 farm overlaps on Indigenous lands, totaling 1.18 million hectares, and out of this total, 95.5% are in territories pending demarcation. With his proposal, Moraes ignores the extensive history of land grabbing in Brazil and the criminal actions of ruralists, which have led to increased violence against Indigenous peoples and deforestation. Between 2008 and 2021, 46,900 hectares were deforested in areas of farm overlaps on Indigenous lands, according to the data from the aforementioned report.
On the other hand, Minister Dias Toffoli voted on September 20, representing the 5th vote against the Time Frame thesis. However, Toffoli chose to expand the topics with a theme unrelated to the one discussed in the case and included the possibility of exploiting water, organic, and mineral resources from Indigenous Lands, arguing that the issue suffers from a supposed legal omission and hinders the country’s economic development. Maurício Terena, legal coordinator of Apib, adds: “At the last moment, he (Toffoli) brought up an issue that concerns us greatly as an indigenous movement. He sets out theses on economic exploitation in indigenous lands. We understand that this is not the time for this debate, and the way he did it, to some extent, undermines the exclusive use of indigenous peoples.”
Read the full statement issued by Apib’s Legal Advisory on Justice Dias Toffoli’s vote.
Who Benefits from the Time Frame thesis?
Among the threats, we highlight the illegal occupation of some Indigenous lands by certain farmers who are directly linked to the rural political power. Brazilian politicians, both in the National Congress and the executive branch, own 96,000 hectares of land overlapping Indigenous Lands. Furthermore, many of them were funded by farmers invading Indigenous lands, who donated R$ 3.6 million to the electoral campaign of ruralists. This group of invaders financed 29 political campaigns in 2022, totaling R$ 5,313,843.44. Out of this total, R$ 1,163,385.00 was directed to the defeated candidate, Jair Bolsonaro (PL).
Senate Vote Delayed
Under pressure from the ruralist caucus, the Senate Judiciary Committee had planned to begin debating the Law Project (PL) 2903 on September 20th, which aims to turn the Time Frame thesis into law and legalize crimes committed against Indigenous peoples. However, a lack of dialogue marked that day: Indigenous leaders were prevented from entering, and the Committee rejected a request for a public hearing. The vote was postponed to September 27th after a collective request for further examination by the senators. “The rights of Indigenous peoples are being violated, and we are not being heard. Parliament is not listening to public opinion, which only benefits the interests of agribusiness,” warns Tuxá. For the Apib, the clash between the legislative and judicial branches is an affront by politicians who want to impose their economic interests on Indigenous lands at the expense of Indigenous lives.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
21/Sep/2023
Foto: Kamikia Kisedje / Apib
Minister from the Federal Supreme Court (STF) Dias Toffoli voted against the Time Frame thesis on the demarcation process of Indigenous Lands in a session held this afternoon (20/09). The vote now stands at five votes against the ruralist thesis and two votes in favor of the anti-indigenous proposal. The trial was interrupted due to lack of time and should resume tomorrow, September 21.
“Minister Toffoli’s vote is against the Time Frame thesis (Marco Temporal), but it contains dangerous points against indigenous peoples. We have to remain vigilant and continue mobilizing. It’s important to remember that the Supreme Court has not yet concluded its trial and the votes are still in dispute. Let’s hope that the next votes follow the rapporteur’s vote [Edson Fachin], which is what we are defending. A vote against the Time Frame, but also against prior compensation and that guarantees the original rights of indigenous peoples,” said Dinamam Tuxá, executive coordinator of Apib, after the session ended.
Maurício Terena, Apib’s legal coordinator, added: “At the last moment, the minister brought up an issue that really concerns us as an indigenous movement. The minister precepts a thesis on economic exploitation on indigenous lands. We understand that this is not the time to have this debate and the way he did it, to some extent, makes the exclusive usufruct of indigenous peoples more flexible.
The trial on the Time Frame thesis had already been suspended on August 31st. Since then, indigenous leaders from different peoples and territories have been mobilizing in Brasilia, where they are camped at the Indigenous Peoples Memorial.
So far, Ministers Edson Fachin, Alexandre de Moraes, Cristiano Zanin, Luís Roberto Barroso and Dias Toffoli have voted against the Time Frame thesis. André Mendonça and Nunes Marques voted in favor of the atin-indigenous thesis. Minister Cármen Lúcia, Rosa Weber, Luiz Fux and Gilmar Mendes have yet to vote.
The Time Frame thesis is a political thesis that states that indigenous peoples would only have the land right recognition (demarcation of lands) if they were in possession of them on October 5, 1988, the date of the promulgation of the Federal Constitution. Apib points out that the thesis is unconstitutional and anti-indigenous, as it violates the peoples’ original right to their ancestral territory – provided for in the Constitution itself – and ignores the violence, especially during the military dictatorship, and the state control to which the peoples were subjected until 1988.
At the STF, the Time Frame thesis deals, on the merits, with a possessory action (Extraordinary Appeal No. 1.017.365) involving the Xokleng Ibirama Laklaño Indigenous Land, of the Xokleng, Kaingang and Guarani people, and the state of Santa Catarina. With a status of general repercussion, the decision taken in this case will serve as a guideline for all indigenous land demarcation processes in the country. As Minister Luís Roberto Barroso said, “The constitution is very clear, there is no ownership over lands traditionally belonging to indigenous communities. This is the solution to this case.”
Senate adjourned
A lack of dialog and respect marked the session of the Senate at the Constitution and Justice Committee today (20/09). Indigenous leaders were prevented from entering and the committee rejected a request for a public hearing to debate Bill 2903, which aims to turn the Time Frame thesis into law and legalize crimes committed against indigenous peoples. The vote was postponed until September 27 after the senators collectively asked for a review.
For Apib, the clash between the legislature and the judiciary is a direct confron by politicians who want to impose their economic interests on indigenous lands over indigenous lives and those of the Brazilian people.
About Apib
A Articulação dos Povos Indígenas do Brasil (Apib) é uma instância de referência nacional do movimento indígena no Brasil, criada de baixo pra cima. Ela aglutina sete organizações regionais indígenas (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Conselho Terena, Coaib e Comissão Guarani Yvyrupa) e nasceu com o propósito de fortalecer a união de nossos povos, a articulação entre as diferentes regiões e organizações indígenas do país, além de mobilizar os povos e organizações indígenas contra as ameaças e agressões aos direitos indígenas
The Articulation of Indigenous Peoples of Brazil (Apib) is a national coalition reference for the indigenous movement in Brazil, created from the bottom up. It brings together all seven regional indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib and Guarani Yvyrupa Commission) and was born with the aim of strengthening the unity of our peoples, the joint action between the different regions and indigenous organizations in the country, as well as mobilizing indigenous peoples and organizations against threats and attacks on indigenous rights.
Find out more about the time frame: https://apiboficial.org/marco-temporal/?lang=en
For more information and to arrange interviews, please contact the press service:
E-mail: [email protected]
Communications Coordinator – Samela Sateré Mawé – +55 (92) 98285 5077
+55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
18/Sep/2023
Foto Tukumã Pataxó | Apib
The trial for the Time Frame Thesis scheduled for September 20th in the Supreme Federal Court could determine the future of Indigenous Lands in Brazilian territory and mark a turning point for the global climate. The Indigenous movement is mobilizing throughout Brazil and is sending an Indigenous commission from Apib to New York for the Climate Week. The goal is to strengthen international mobilization in defense of the right to Indigenous Lands.
- The threat to Indigenous Lands is a climate threat to all of humanity.
We are of the Earth, and the Earth is within us. If the Earth dies, we -as Indigenous peoples- die.
The Articulation of Indigenous Peoples of Brazil (Apib) is calling for various mobilizations across Brazil this week and is participating in the New York Climate Week to raise awareness about the risks posed by the upcoming vote on the Time Frame Thesis (Marco Temporal), which is scheduled on September 20th. The Supreme Court of Brazil will vote on the legitimacy of a legal thesis promoted by the Brazilian agribusiness sector, which proposes to review the demarcation process of Indigenous lands, and this could directly impact the global climate crisis.
The Time Frame Thesis proposes that only Indigenous peoples who can prove they were living on their lands in 1988, the same year the Federal Constitution was promulgated, can have rights to those lands. This denies the forced evictions of hundreds of communities that could only begin to claim their ancestral lands after Brazil’s redemocratization in the late 1980s.
This week marks the 15th edition of Climate Week in New York, from September 17th to 24th, and the 78th Session of the United Nations General Assembly, from September 19th to 23rd, which will open with the speech by President Lula. In light of these events, a group of 10 Indigenous leaders is in New York to participate in activities during Climate Week. The goal is to internationally alert about the threat that the Time Frame Thesis represents to the lives of Brazil’s Indigenous peoples and to the global climate crisis, as Indigenous Lands serve as a life reserve for the entire planet.
Apib and its regional organizations are strengthening mobilizations in Indigenous territories, cities, and especially in the capital, Brasilia, against the approval of the Marco Temporal thesis, which will be voted on September 20th. The proposal is to closely follow the trial and strengthen the next steps in the Indigenous movement’s struggle. Apib organized over 220 demonstrations in 21 states, including the Federal District, in May and June.
There are still five Supreme Federal Court justices left to vote in the trial. So far, there are four votes against the Time Frame Thesis and two in favor. Justices Edson Fachin, Alexandre de Moraes, Cristiano Zanin, and Luís Roberto Barroso have expressed opposition to the ruralist thesis. The only votes in favor of the anti-Indigenous proposal come from justices appointed by former President Jair Bolsonaro, André Mendonça and Nunes Marques.
On the same day as the Supreme Court vote, the Brazilian Senate is attempting to include in its agenda the project to turn the Time Frame Thesis into law. Ruralist senators seek to create a conflict and confrontation with the Brazilian judiciary in case the Supreme Court annuls the Time Frame Thesis.
In addition to the Time Frame Thesis, another proposal (PL 2903) is currently under consideration, which proposes further setbacks in the rights of Indigenous peoples, such as the construction of roads and hydroelectric plants in Indigenous territories without free, prior, and informed consent of the affected communities. The proposal also aims to allow farmers to sign production contracts with Indigenous people, violating the rights of Indigenous peoples to the exclusive use of demarcated lands.
While some falsely claim that “there is plenty of land for few Indigenous people in Brazil,” Apib argues the opposite, stating that there is plenty of land for few large landowners, and that agribusiness promotes the illegal invasion of Indigenous lands. The organization asserts, “there is no solution to the climate crisis without guaranteeing the rights of Indigenous peoples and the demarcation of their territories.”
Currently, nearly half of Brazil’s land is in the hands of rural producers. According to data published in Brazilian Diario Oficial da União, 41% of the total land in the country is rural properties, 13.7% is Indigenous lands, and 45.2% is designated for other purposes. Indigenous Lands represent a guarantee of life for Indigenous peoples and for all of humanity that depends on the future climate.
The Time Frame Thesis is a modern colonization strategy. “The future of Brazil’s Indigenous peoples is in grave danger, which can affect all of humanity, as it has been shown that Indigenous peoples, thanks to our ways of life, are guardians of nature and, therefore, of the global climate balance,” says Apib’s executive coordinator, Dinamam Tuxá. While 29% of the surrounding territory of Indigenous Lands is deforested, the deforestation rate within Indigenous Territories is only 2%, according to data collected in September 2022 by Apib and the Amazon Environmental Research Institute (IPAM). According to this study, most of the degradation is the result of illegal actions funded by agribusiness sectors, such as soybean plantations and extensive livestock farming. Similarly, scientists emphasize the importance of Indigenous Territories, where biodiversity is considerably higher than in the rest of the national territory.
Currently, the Supreme Federal Court is adjudicating a proposal that seeks to change the demarcation process of Indigenous Territories in Brazil through the Time Frame Thesis. At the same time, the National Congress is trying to turn the Time Frame Thesis into law and legalize crimes that promote Indigenous genocide and environmental destruction. But who is financing this threatening scenario? National and foreign companies such as Bunge, Xp, Kinea, Bradesco, Ducoco, Groupe Lactalis, among others, as well as international banks and investment funds, contribute to Brazilian agribusiness, which would be the main beneficiary if the Marco Temporal were approved, as recent reports from De Olho nos Ruralistas show.
A few farmers and entrepreneurs benefit from the profit of agribusiness at the expense of the lives of Indigenous peoples and the global climate balance. Illegal land invasions, assassinations of leaders and activists, and violence resulting from land disputes have increased in recent years. Allowing the occupation of Indigenous lands for the enrichment of a few is a modern form of colonization in which settlers seek to take over more and more hectares of national territory.
The Time Frame proposal exists as a consequence of the economic and political power of agribusiness. If approved, crimes will increase, and agricultural and natural resource extraction will intensify. The first to pay this bill will be Indigenous peoples. “Those responsible for continuing Indigenous genocide and worsening the climate crisis will be marked in history. Many will be accomplices of the new colonialism that threatens the survival of us, Indigenous peoples who inhabit the vast territory called Brazil, and the future of all humanity, because there is no solution to the climate crisis without the participation of Indigenous peoples,” emphasizes Dinamam Tuxá.
Relevant activities of Apib during the 15th edition of Climate Week from September 17th to 24th:
Apib participated on September 17th in the Climate Week March on the streets of New York in support of the Fight Fossil Fuel Strike. The indigenous delegation of Apib denounced the threat posed by the Time Frame Thesis, and they emphasized the indigenous emergency situation regarding extractive industries and agribusiness that cause multiple instances of violence in our territories. In addition, among the activities that make up the Climate Week agenda, it is worth noting that the executive coordinators Kleber Karipuna, Dinamam Tuxá, and other members of the indigenous delegation will participate on Tuesday 19th, in the talk “FCLP: Rights, Participation and Benefits for Indigenous Peoples and Local Communities in Forest Climate Financing” organized by the Forest and Climate Leaders Partnership organizations. On September 22nd, a portion of the delegation will be present at the dialogue co-organized with H.E. Razan Al Mubarak, the current president of the International Union for Conservation of Nature, to assess progress in the COP28 agenda with the aim of collectively identifying meaningful and respectful ways of involving Indigenous Peoples in the COP.
- Please see photos and videos of the March and other events on the Climate Week agenda where the Apib delegation was present:
Apib Audiovisual Material – 15th edition of Climate Week in New York
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and indigenous organizations in the country, as well as mobilizing indigenous peoples and organizations against threats and violations of indigenous rights.
Learn more about the Time Frame Thesis:
https://Apiboficial.org/marco-temporal/
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
31/Aug/2023
Geneva, August 31, 2023 – A groundbreaking report titled “Unmasking Canada: Rights Violations Across Latin America” was unveiled at the United Nations Universal Periodic Review Process (UPR) pre-session in Geneva, spanning from August 28 to September 1, 2023. This in-depth investigation highlights extensive human rights and environmental breaches by Canadian companies in Latin America and the Caribbean.
Compiled through the collaboration of over 50 civil society organizations, the report implicates 37 Canadian projects across nine countries in the region. Of these, 32 projects have been found responsible for environmental rights infringements, including 105 oil spills in Peru’s Block 192, directly linked to Frontera Energy. Additionally, the right to Free, Prior, and Informed Consent was violated in 26 projects, exemplified by dubious practices in Ecuador’s Warintza project managed by Solaris Resources Inc. Violent confrontations tied to 16 projects are also highlighted, with a notable incident in Peru in July 2023, where 20 individuals were injured.
While Canada positions itself as “climate forward,” this report challenges such a portrayal, emphasizing Canada’s protection of extractive industries that are responsible for significant human rights and environmental harm. In response to these findings and anticipating Canada’s UPR on November 10, 2023, the report advocates for UN member states to impose legally binding resolutions on Canada, compelling the nation to address corporate misconduct overseas.
Mauricio Terena, Legal Coordinator from Brazil’s Association of Indigenous People (APIB), said: “We have come here to denounce the involvement of Canadian companies in human rights violations in Brazil, particularly the case of the Belo Sun mining company in Pará, which aims to establish the country’s largest open-pit gold mine. While Canada portrays itself as a defender of human rights and the environment, its actions contradict this narrative, especially when infringing upon the rights of indigenous peoples in Brazil. The discrepancy becomes evident when we realize that Canada has not signed the ILO’s Convention 169. Therefore, we hope that the states with which we are in dialogue recognize this reality and urge Canada to reassess the operations of its corporations, seeking tangible action in defense of indigenous peoples and traditional communities”
Addressing the UPR’s function, where every four years UN member states review each other’s human rights records, Latin American civil society representatives presented new recommendations for Canada. These recommendations underscore the need for Canada to introduce binding and comprehensive legislation centered on due diligence and corporate accountability. This encompasses the oversight of financial institutions and Canadian corporations throughout their global supply chains, aiming to prevent, mitigate, and penalize corporate misdeeds while ensuring victims of such practices overseas can seek justice and full reparation.
“We hope that the UPR (Universal Periodic Review) process will establish itself as another strategy in our defense of indigenous peoples’ rights, serving as a tool for the protection of human, indigenous, and environmental rights. It is essential to acknowledge that corporations involved in such violations are committing criminal acts. These actions should not be viewed merely as isolated incidents, but rather on a broader scale, as violating indigenous rights impacts all of humanity. Thus, beyond national and international laws, these transgressions should be seen from a more comprehensive perspective. It is crucial for states to commit, within the UN framework, to join a global mechanism where they recognize the need to monitor and mutually hold each other accountable for actions that uphold human, indigenous, and environmental rights”, said Maria Judite “Kari” Guajajara, Legal Advisor at the National Indigenous Organization of the Brazilian Amazon (COIAB).
This isn’t the first instance of Canada facing allegations within the United Nations Universal System due to the activities of its corporations abroad. Six recommendations were directed at Canada during the 3rd cycle of the Periodic Review. These addressed, among other concerns, Canadian businesses’ vital assurance and protection of human rights. Nevertheless, even after pledging to meet these recommendations, Canada consistently failed to fulfill its extraterritorial obligations, neglecting to take effective action to supervise corporate activities domestically and internationally.
Gisela Hurtado, Advocacy Manager at Amazon Watch, commented: “Our report unveils the disturbing reality behind Canada’s corporate endeavors in Latin America. While Canada boasts of ethical business conduct, the documented evidence reveals a starkly contrasting picture – one where profit is prioritized over people and the environment. Urgent change is paramount.”
The report’s presentation in Geneva was spearheaded by a delegation that included Mauricio Terena from APIB; Maria Judite “Kari” Guajajara from COIAB; Josefa de Oliveira, a Popular Educator with Movimento Xingu Vivo Para Sempre; Lorena Aranha Curuaia, Vice President of the Iawá Community; ; and Brayan Mojanajinsoy Pasos, General Secretary of the Association of Indigenous Councils of the Municipality of Villagarzón Putumayo (ACIMVIP). The delegation was further supported by representatives from organizations including Amazon Watch, AIDA (Regional), Earthworks (US) Gaia (Colombia), and Ambiente y Sociedad (Colombia).
Executive Summary
Informe Regional
Informe Amazônico
Informe sobre Petróleo
UPR Canada Advocacy Paper
Short summary involving Canadian companies involved in rights violations highlighted in the report.
1. Frontera Energy in Lote 192 in Peru:
– Over 2,000 sites contaminated, affecting 26 Amazonian indigenous communities.
– Proposed activity closure plan doesn’t include reparations for affected communities.
2. Mineradora Argentina Gold SRL (joint venture between Barrick Gold and Shandong Gold):
– Responsible for at least five toxic substance leakages, including cyanide and arsenic, into the Jáchal River in Argentina from the Veladero mine.
– The project is in violation of the Glacier Law due to its location in a glacial zone and affects the UNESCO recognized biodiversity heritage site, the San Guilhermo Reserve.
3. Belo Sun’s Volta Grande project in Brazil:
– Cumulative impacts with the Belo Monte hydroelectric dam, located less than 10 km away from the prospected mining site;
– Armed security forces hired by the Canadian mining company to monitor local leaders and hindering their freedom of movement;
– Utter disrespect to Free, Prior and Informed Consent of Indigenous and riverine communities;
– Imminent and irreversible risks of an environmental tragedy if toxic waste spills into the Xingu River due to a potential dam break, given the lack of sysmic and tailings dam safety studies.
– Direct impact on communities, their traditional livelihoods, and local ecosystems.
4. The Mina Varadero in Chile:
– Contaminated water sources with mercury, impacting rural populations and children.
5. ISAGEN – Brookfield Asset Management’s Hidrosogamoso dam in Colombia:
– Significant harm to local ecosystems and communities.
6. American Lithium’s mining projects (Falchani, Macusani, and Quelccaya) in Peru:
– Regularly release toxic residues, affecting over 700,000 people and contaminating the Lake Titicaca and Amazon River basins.
7. Solaris Resources Inc.’s Warintza mining project in Ecuador:
– Ignored the territorial rights of the Shuar Arutam indigenous people and adopted divisive tactics.
8. Mining project of Ixtaca in Mexico:
– Suspended due to violations of indigenous rights.
9. El Pato II mining project in Guatemala:
– Affected the Poqomam Maya and mestizo communities without proper prior consultation.
10. Libero Copper’s Mocoa mining project in Colombia:
– Directly harmed the ancestral territory of the Inga people, violating their rights.
11. Cosigo Resources LTD’s Machado gold extraction project in Colombia:
– Severely impacted sacred indigenous sites in the Yaigojé Apaporis territory.
12. Barrick Gold’s Pueblo Viejo mine in the Dominican Republic:
– Forced the displacement of 65 local families due to the El Llagal waste dam.
13. Mining projects of La Plata by Atico Mining Corporation and Las Naves by Curimining S.A. (a subsidiary of Adventus Mining Corporation) and **Salazar Resources Limited in Ecuador:
– Tried legalizing their operations despite violating national and international human rights laws, leading to confrontations and injuries.
14. Petrotal’s Lote 95 in Peru:
– Protests demanding community rights resulted in several deaths by police forces guarding the oil field.
15. Equinox Gold in Brazil:
– Concealed data regarding their operations and impacts, including a dam break.
– 4,000 of people directly impacted by toxic waste resulted from the dam break that contaminated local Amazonian rivers, violating the right to a clean environment and adequate access to drinking water.
– Criminalization of local community leaders that protested for the right to water.
16. Gran Tierra Energy in Ecuador:
– Conducted explorations without proper information dissemination in the Charapa, Chanangué, and Iguana blocks.
10/Aug/2023
The organization highlights the need for Amazonian countries to have defined actions involving the demarcation of indigenous lands, titling of quilombola territories and the creation of protected areas.
The eight presidents of the member states of the Amazon Cooperation Treaty Organization (ACTO) signed last Tuesday, August 8th, the Letter of Belém . The Letter is the main document of the Amazon Summit, which ends this Wednesday (09/08), in the capital of Pará. The Articulação of the Indigenous Peoples of Brazil (Apib), a national organization of reference of the indigenous movement, considers the Letter of Belém frustrating and demands concrete goals for the demarcation of indigenous lands.
“The document should be more ambitious. We understand there is a diversity of perspectives involving eight countries, and we recognize that political commitments were made, but the absence of specific and objective goals related to indigenous peoples and the environment is frustrating”, says Kleber Karipuna, executive coordinator of Apib.
Among the demands, Apib highlights the need for the Governments to define actions to address the point of no return in the Amazon (a term used by specialists to refer to the point at which the forest loses its ability to regenerate itself), which involves the demarcation of indigenous lands, titling of quilombola territories and the creation of protected areas. In addition to the monitoring and protection of territories and policies to support the sustainable use of those territories.
The indigenous movement also considers as disappointing the suspension of the announcement of demarcation of two indigenous lands during the Amazon Summit, as reported in the newspaper Folha de São Paulo . According to the report, the territories to be demarcated would be the Rio Gregório Indigenous territory, in Tarauacá (AC), and Acapuri de Cima, in Fonte Boa (AM). They are part of a list of 13 indigenous lands that are ready to be homologated , which was presented by the working group of Indigenous Peoples of the Transitional Government, of which Apib was part.
“The Government included the homologation of these 13 territories as part of the goals of the first 100 days of government. This goal was not met and, for the Summit, there was an expectation that other territories would be announced. The delay in this process has concrete Impacts on the indigenous peoples who are dealing with violence on a daily basis ”, emphasizes Dinamam Tuxá, who is also the executive coordinator of Apib.
Assembly of the Peoples of the Earth for the Amazon
Indigenous leaders from Apib and the Coordination of Indigenous Organizations of the Brazilian Amazon (Coiab) were in Belém for the Assembly of Peoples of the Earth for the Amazon , held between August 4th and 8th.
The Assembly was part of the political efforts of the indigenous movement to influence the IV Meeting of Presidents of the Signatory States of the Amazon Cooperation Treaty Organization (ACTO), Amazon Dialogues and the Amazon Summit.
During the Assembly, protection policies for isolated peoples were discussed, threats of exploitation by large mining companies and the oil industry, demarcation of ancestral territories, in addition to the resumption of the “time frame” case in the Federal Supreme Court (STF) (This would deny the claims of Indigenous communities to their territories if the communities cannot show that they were present on their lands when the 1988 Constitution was enacted).
On August 7, indigenous organizations in the Amazon published a document, “Letter from the Indigenous Peoples of the Amazon Basin to Presidents” . Delivered to the Amazonian presidents, the letter highlights the importance of dialoguing with the Indigenous movement to stop and solve the global climate crisis.
“Without us, there will be no Amazon; and, without it, the world as we know it will no longer exist. Because we are the Amazon: its land and biodiversity are our body; its rivers flow in our veins. Our ancestors not only preserved it for millennia, but also helped to cultivate it”, says an excerpt from the document.
