11/Nov/2025
This edition of the COP is taking place in a democratic country, where the right to protest is guaranteed and respected, unlike previous editions held in more restrictive contexts.
In this regard, the Articulation of Indigenous Peoples of Brazil (APIB), together with its regional organizations, became aware of a demonstration held today (November 11) organized by social movements with the participation of some Indigenous peoples. APIB reaffirms that the Indigenous movement is broad and diverse, and that this organization did not coordinate the activities of the mentioned demonstration. At the same time, APIB reiterates its respect for the right to protest and for the autonomy of each people in their own forms of organization and political expression.
We are in the city of Belém with more than 3,000 Indigenous people, both Brazilian and international. Indigenous peoples are not part of the official COP30 negotiations, but we have been engaging politically for over two years to ensure that our demands are heard and incorporated into decisions addressing the climate crisis.
At the same time, the Indigenous movement is broad and diverse. APIB upholds the autonomy of all peoples to express themselves freely and democratically, without any form of paternalism — the kind that the State imposed on us for so many years.
The Indigenous movement knows why we are here and understands the space we occupy: we are here to keep demanding real commitments and to reaffirm that the answer is us.
10/Nov/2025
APIB mobilizes over 3,000 indigenous people and proposes goals in conference negotiations
Leaders of the Articulation of Indigenous Peoples of Brazil (APIB) and its regional organizations are participating, starting today, November 10, in the United Nations (UN) Climate Change Conference of the Parties, COP-30, in Belém, Pará. APIB, a national reference for the indigenous movement in the country, demands that the demarcation and protection of Indigenous Lands be the legacy left by the conference in Brazil.
“Our peoples, territories, and traditional ways of life are part of the solution to combat the climate crisis, but unfortunately, the Conference of the Parties does not officially consider indigenous peoples as negotiators. That is why we have been pressing them for months so that the demarcation of Indigenous Lands is at the center of the agenda. We will also mobilize in the streets and show that change needs to happen now,” affirms Dinamam Tuxá, executive coordinator of APIB.
Brazil currently has 107 Indigenous Lands (TIs) ready to be demarcated and awaiting the finalization of the process: 37 are waiting for the declaration ordinance and 70 for the homologation ordinance. Most of the TIs awaiting homologation, the last stage of the process, are concentrated in Mato Grosso do Sul and São Paulo (10), followed by Amazonas (9) and Pará (8). The data is part of a survey by the Articulation of Indigenous Peoples of Brazil (Apib). But the demand for demarcation is even greater: another 161 TIs are in earlier stages of the demarcation process, revealing the dimension of the challenge faced by the indigenous movement in the fight for the guarantee of their recognized and protected territories.
Advancements
Kleber Karipuna, executive coordinator of APIB, comments that the articulations for COP30 began two years ago and resulted in announcements of commitments even before the official start of the COP, such as the one announced by the Forest and Climate Leaders’ Partnership (FCLP), which ensures the unprecedented commitment to a global goal of recognizing indigenous and local community territories, including demarcation goals for the next five years.
Furthermore, we had the guarantee of at least 20% of the Tropical Forests Forever Fund (TFFF) resources destined for direct access by indigenous peoples and local communities, and the Forest Tenure Funders Group (FTFG) announced on November 6 a new financial commitment of US$1.8 billion for actions related to strengthening the land tenure rights of Indigenous Peoples and Local Communities (IP&LCs).
“The articulation of the indigenous movement, not only Brazilian but globally, has been intense over the last two years. The goal was to arrive at COP30 with concrete proposals. In partnership with the Global Alliance of Territorial Communities, the work to ensure a commitment to territorial recognition was also crucial. This commitment was developed jointly with the FCLP, aiming for countries and combined forces worldwide to recognize the territories of indigenous peoples, local communities, traditional peoples, quilombolas, and conservation areas. The recognition of these lands is fundamental for achieving global climate goals,” says Kleber Karipuna, executive coordinator of APIB.
Program
For COP30, the Articulation divided its strategies into five axes: strengthening the “We Are the Response” Campaign, political articulation with the Peoples’ Summit and the Global Alliance of Territorial Communities, advocacy in the COP30 negotiations through the elaboration of the Indigenous Nationally Determined Contribution (NDC), action agendas, and the promotion of indigenous governance and participation in COP-30.
In total, more than 3,000 indigenous people are expected to participate in COP30, which runs until November 21. The COP is divided into two official spaces: the blue zone and the green zone. This year, APIB’s delegation has about 360 people credentialed for the blue zone, the restricted space of the conference focused on climate negotiations. However, APIB leaders will also join forces in the Green Zone, at Aldeia COP, at the Peoples’ Summit, and in events in various civil society spaces in the city of Belém.
Among the highlights of the program is the opening of the Indigenous COP at Aldeia COP, located at the Application School of the Federal University of Pará (UFPA), on November 12. The space is organized by the Ministry of Indigenous Peoples (MPI) and supported by the indigenous movement.
The indigenous movement’s agenda also includes two marches: the Global Peoples’ March, organized by the Peoples’ Summit, will be held on November 15, and the Global Indigenous March – We Are the Response on the 17th.
To learn more details about the program and APIB’s strategies for COP30, visit the organization’s website: https://apiboficial.org/cop-30/.
23/Sep/2025
Photo: @owapichana/ APIB
The official site of the “The Answer Is Us” campaign is now available.
The campaign “The Answer Is Us” echoes voices from different territories — peoples of the forests, the waters, the countryside and the cities — in an urgent global mobilization for climate and life, leading up to COP30, which will be held in November, in Belém (PA). All information can be accessed at theanswerisus.org
The members of the campaign reinforce that science confirms what ancestral knowledge always flagged: there is no climate justice without territorial, social and popular justice.
The campaign was created by the Indigenous Peoples of the Amazon and Brazil, launched by the COIAB (Coordenação das Organizações Indígenas da Amazônia Brasileira) in June 2024. It was then joined by APIB (the Articulation of Indigenous Peoples of Brazil), the Amazon G9 and the Global Alliance of Territorial Communities, gaining strength at national and international level. Now, it also includes social and activist movements from different parts of the world.
Campaign demands:
- Land Rights = Climate action: proteger territórios é proteger toda a vida no planeta. Sem reforma agrária, demarcação, titulação, regularização fundiária e proteção integral, não haverá ecossistemas capazes de conter o colapso climático.
- Desmatamento zero: frear a destruição que gera grandes emissões de carbono e devasta os ecossistemas reguladores do clima global é uma urgência.
- Não aos combustíveis fósseis e à mineração: petróleo, gás e carvão são os principais causadores da crise global, e essa indústria bilionária precisa ser desmontada. A campanha também rejeita projetos de transição energética que violem territórios, exigindo uma transição justa, soberana e que priorize a vida sobre o lucro.
- Proteção dos defensores e modos de vida: é necessária proteção imediata e integral para quem defende a terra, as águas, as florestas e o clima. Não haverá política climática justa enquanto persistir a impunidade e violência.
- Acesso direto ao financiamento climático: os recursos para enfrentar a crise devem chegar diretamente a quem está na linha de frente — povos da floresta, das águas, do campo e das cidades. A campanha exige repasses sem burocracia colonial ou intermediários.
- Participation with real power: COP30 will be held in the Amazon. We demand a dignified, permanent presence with real power in decision-making. We will not accept playing the part of extras in a stage that decides the fate of the climate—and our lives—far away from us. Climate justice is built with real participation, not behind closed doors.
Call for global mobilizations
APIB calls on organizations and individuals to mobilize in communities, streets, squares, and centers of power. The next mobilization of the “We Are the Answer” campaign will be on October 13th.
Partner organizations are encouraged to hold demonstrations in their territories and use the mobilization materials available in Portuguese, English, Spanish, French, and Bahasa on the campaign website—posters, banners, and t-shirts are already ready for use.
22/Apr/2025
Photo: Richard Wera/Apib
The Articulation of Indigenous Peoples of Brazil (APIB) vehemently condemns the acts of violence by the anti-Indigenous Congress, carried out by the Legislative Police Department (DPOL) and the Military Police of the Federal District (PMDF) on the afternoon of Thursday, April 10, during the “We Are the Response” march, which is part of the Free Land Camp (ATL) program.
In addition to approving unconstitutional laws, Congress attacks Indigenous Peoples and even its own deputies. Indigenous Congresswoman Célia Xakriabá (PSOL) and several others were injured when they were met with pepper spray and stun grenades — in what should be the house of democracy. We deeply regret the unnecessary use of chemical substances against demonstrators, including women, elders, children, and traditional leaders.
We have evidence that these actions are part of a broader context of institutional violence against Indigenous Peoples. Yesterday, during a meeting convened by the Public Security Secretariat of the Federal District (SSP-DF) to discuss the organization of today’s march, an unidentified participant made a racist and violence-inciting statement: “Let them come down already… let them come down and beat them if they cause trouble.” As recorded in audio obtained by APIB upon request after the meeting, the statement was allegedly made by a probable security force agent.
Today, access to the lawn of the National Congress by the demonstrators happened spontaneously and without any violence, vandalism, or breach of barriers. APIB reaffirms the peaceful and democratic nature of the protest, which brought together over 7,000 Indigenous leaders from various peoples across the country.
The mobilization aimed to defend constitutional rights and strengthen dialogue with the branches of the Republic. The Free Land Camp has been held for over 20 years in the federal capital, always marked by strong organization, commitment, and respect for democratic institutions. Throughout these two decades, the Indigenous movement has always cooperated and will continue to do so to ensure the event takes place peacefully and safely.
Free Land Camp 2025
Articulation of Indigenous Peoples of Brazil – APIB
Brasília, April 10, 2025
10/Apr/2025
Photo: _ @sallynhandewa
With the launch of an Indigenous NDC and the creation of an international commission, APIB strengthens the participation of Indigenous Peoples on the road to COP-30 in Belém.
The Articulation of Indigenous Peoples of Brazil (APIB) will launch today (April 10), at the Free Land Camp (ATL), an Indigenous Nationally Determined Contribution (NDC). In addition, the Ministry of Indigenous Peoples will announce an Indigenous International Commission for the United Nations Climate Change Conference (COP-30), which will take place in November in the city of Belém (Pará).
The NDC and the commission will be announced at the plenary “We Are the Answer: Indigenous Peoples on the Road to COP-30,” at the ATL, starting at 2 p.m., with the presence of Ambassador André Corrêa do Lago, president of COP-30. Ministers Sonia Guajajara, from the Ministry of Indigenous Peoples (MPI), and Marina Silva, from the Ministry of Environment and Climate Change (MMA), along with Federal Deputy Célia Xakriabá, who will also join the panel. These actions are part of the global campaign “We Are the Answer,” led by the Indigenous movement, which asserts that Indigenous Peoples and the demarcation of Indigenous Territories are essential in the fight against the climate crisis.
Developed from the accumulation of proposals by APIB’s regional organizations, the Indigenous NDC reinforces that the climate debate must consider equity, self-determination, and the effective participation of Indigenous Peoples and traditional communities in the implementation of Brazil’s NDC under the Paris Agreement.
The document is divided into six thematic axes:
- Mitigation, which defends the recognition and protection of territorial rights as essential climate mitigation policy;
- Adaptation, which highlights the importance of protecting ancestral knowledge, such as fire management and indigenous medicine;
- Financing, which proposes revising existing mechanisms and creating specific tools for the direct funding of indigenous organizations;
- Technology transfer, which suggests integrating traditional knowledge with modern science in climate strategies;
- Capacity-building, focused on technical training and access to climate information in accessible language;
- Justice and ambition, which recognizes the historical debt owed to indigenous and traditional peoples;
- Co-benefits, which links land demarcation to climate action, strengthening Brazil’s international commitments.
“The document is based on climate justice, the right to free, prior and informed consent, and the importance of solutions that respect nature and are conceived and led by Indigenous Peoples,” says Dinamam Tuxá, executive coordinator of APIB.
Commission for the Conference of the Parties
With the mission of amplifying the visibility and influence of Indigenous Peoples in climate negotiations, the Indigenous International Commission for COP-30 will be chaired by Minister Sonia Guajajara and will include the following organizations: APIB, COIAB, ANMIGA, the G9 of the Amazon, the Global Alliance of Territorial Communities (GATC), and the United Nations Permanent Forum on Indigenous Issues (UNPFII). There is also dialogue to include other international Indigenous organizations and forums.
“The commission is a platform that seeks to advance Indigenous rights, resilience, and climate leadership. At COP-30, we have the opportunity to ensure the best and largest indigenous participation in history. Our goal is to have one thousand accredited Indigenous representatives in the Blue Zone,” says Minister Guajajara.
The commission’s responsibilities include developing a methodology to guarantee Indigenous Peoples’ accreditation for the Conference of the Parties as an institutionalized practice for future COPs; ensuring focus on the specific priorities of Indigenous Peoples; conducting regional meetings; and planning and implementing high-level events and meetings with state parties, UN agencies, and allies to amplify indigenous demands.
International Participation at ATL 2025
The 21st edition of the Free Land Camp is marked by the participation of international indigenous delegations. Indigenous representatives from more than 15 countries are participating, including from the eight Amazon Basin countries, Australia, and Fiji, as well as leaders from the Global Alliance of Territorial Communities (GATC), which represents Indigenous Peoples and local communities from 24 countries.
According to APIB, the organizations participating in the mobilization include: Interethnic Association for the Development of the Peruvian Rainforest (AIDESEP), Amerindian Peoples Association (APA – Guyana), Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE), Confederation of Indigenous Peoples of Bolivia (CIDOB), Federation of Indigenous Organizations of French Guiana (FOAG), Organization of Indigenous Peoples of Suriname (OIS), National Organization of Indigenous Peoples of the Colombian Amazon (OPIAC), Regional Organization of Indigenous Peoples of the Amazon (ORPIA), and the Global Alliance of Territorial Communities.
On April 10, the delegations will participate in the “Meeting with Embassies: We Are the Answer – Indigenous Peoples’ Visions for COP-30,” with the aim of bringing Indigenous demands to the embassies of Germany, Austria, Australia, Canada, Denmark, Spain, France, Finland, Ireland, Norway, the Netherlands, Peru, the United Kingdom, Sweden, Switzerland, and the European Union. Also participating will be the Ministry of Indigenous Peoples, Ministry of Environment and Climate Change, Ministry of Foreign Affairs, and the German Agency for International Cooperation (GIZ).
ATL 2025 brings together over 7,000 Indigenous participants at the National Arts Foundation (Funarte) in Brasília. Under the motto “We Are the Answer,” on April 10 at 4 p.m., Indigenous Peoples will march through the streets of the federal capital to the Plaza of the Three Powers.
05/Apr/2025
The largest indigenous mobilization in Brazil will be held between April 7 and 11 in Brasília (DF)
On the National Day of Struggle of Indigenous Peoples, February 7, the Articulation of Indigenous Peoples of Brazil (APIB) reveals the theme chosen for the Acampamento Terra Livre (ATL) 2025. “APIB is all of us: In defense of the Constitution and life” reinforces the commitment of more than 300 Indigenous Peoples to guarantee their rights provided for in the Federal Constitution, enacted in 1988. The theme also celebrates the unity and resistance of the indigenous movement represented by APIB, which, this year, completes 20 years of struggle and achievements.
The 21st edition of ATL, considered the largest indigenous mobilization in the country, will take place between April 7 and 11 in Brasília (DF). The location and schedule of the camp will be announced soon.
Dinamam Tuxá, executive coordinator of APIB, warns that fundamental indigenous rights — such as the demarcation of ancestral territories and the exclusive use of Indigenous Lands, all guaranteed by the Constitution — are under threat. According to him, this situation is a consequence of the constant attacks on Indigenous Peoples by public agents and the lobby of rural businessmen, which resulted in legislation and proposals such as the Indigenous Genocide Law (Law 14.701/23) and PEC 48, both related to the temporal framework thesis.
“It is necessary to demarcate and protect indigenous lands. We, Indigenous Peoples, have fought hard to ensure that the constitutional text is followed. To achieve this, it is important that indigenous rights are guaranteed and implemented, that institutions are respected and that the indigenous movement is heard. Only then will we have an even stronger Brazilian democracy!”, says Dinamam.
The Free Land Camp is organized by the Articulation of Indigenous Peoples of Brazil (APIB) and its seven regional grassroots organizations, namely: Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Conselho Terena, Coaib and Comissão Guarani Yvyrupa. Last year, the camp brought together around 9,000 indigenous people and more than 200 peoples in the federal capital, who debated and marched against the legislation known as the “Time limit trick” for five days. The legal thesis argues that Indigenous Peoples only have the right to demarcate their traditional lands if they were occupying these lands on October 5, 1988, the date of publication of the Federal Constitution of Brazil. disregarding the history of violence faced by Indigenous Peoples.
Read here the final mobilization letter.
The answer is us
For APIB, the 21st edition of the mobilization is also a strategic moment to discuss the “The Answer Is Us” campaign and indigenous participation in the Conference of the Parties (COP-30), which will take place in November in Belém (PA). Launched during the G20 Summit in Rio de Janeiro, the campaign highlights the need for decisive actions against the climate crisis, such as the end of the fossil fuel era, a fair energy transition and the recognition of the climate authority of Indigenous Peoples and their territories in protecting life on Earth. Check out the full indigenous call on the campaign’s official website: www.arespostasomosnos.org
On November 16, 2024, the Articulation held a peaceful demonstration in the capital of Rio de Janeiro to denounce the lack of action by the world’s richest and most polluting nations in confronting the global climate crisis. The images of leaders of rich and polluting countries – China, the United States, India, the European Union, Russia and Japan – were placed in the water, in front of Sugarloaf Mountain, to show that the climate crisis is also a crisis of leadership and values.
According to a study by APIB, Indigenous Lands under study or demarcated have a higher deforestation rate (0.2% per year) than those already regularized (0.05%). The data, part of the research “Demarcation is Mitigation”, reinforces the importance of demarcation in the fight against climate change. The study, conducted in partnership with IPAM and CIMC, was launched at COP-29, in Azerbaijan.
Learn more at: https://apiboficial.org/2024/11/15/terras-indigenas-nao-homologadas-sofrem-mais-com-desmatamento-em-comparacao-com-areas-ja-regularizadas-aponta-estudo-da-apib-ipam-e-cimc-lancado-na-cop-29-no-azerbaijao/
26/Oct/2024
We, Indigenous peoples of Brazil, in light of the severity of the biodiversity and climate crises, know that there is no time to waste.
Here, at COP-16 in Cali, Colombia, we want to declare that we will no longer accept any predatory projects that threaten our lives, our territories, and humanity. We will not accept any more oil and gas projects or any other form of predatory exploitation in the Brazilian Amazon, in our territories, and in our ecosystems. There will be no preservation of biodiversity and safe indigenous territories on a planet that is on fire.
We know who is setting the world on fire and the violent impact this has produced in our territories: severe droughts, forced isolation, diseases, lack of food, invasions, conflicts, and deaths.
In the face of the imminent collapse of the sustenance of life on the planet, strong and effective actions must be taken. While governments continue to seek to mediate insufficient targets and empty funding, we want to announce that, from now on, there will only be peace with Nature if we openly declare war against fossil fuels and any other predatory project that threatens life on the planet.
The Colombian government has already taken the first step by suspending the granting of new oil and gas explorations in the country and has already recognized us as environmental authorities. We hope that other countries will follow this same commitment. The other face of the climate and biodiversity crisis is the crisis of leadership and values. We have never abdicated this place and will not get lost in empty discussions and sterile commitments.
We demand the immediate resumption of the demarcation of all Indigenous lands in Brazil as an effective climate policy and direct funding for the comprehensive protection of our territories and our ways of life in harmony with Nature.
COP-30 will be in our territory. We will not accept that discussions take place without proper consultation and participation of our voices and authorities. We demand the co-presidency of the Climate COP in Brazil so that the accumulation of our ancestral knowledge and experiences can offer the world the opportunity for a different future.
We call upon all Indigenous peoples, partners, allies, and everyone who cares about life on Earth to join our call to collectively hold up the sky. If it depends on us, the sky will not fall.
WE HAVE ALWAYS BEEN HERE.
The sky’s rising begins now.
WE ARE THE ANSWER
Articulation of Indigenous Peoples of Brazil (APIB)
Coordination of Indigenous Organizations of the Brazilian Amazon (COIAB)
Articulation of Indigenous Peoples of the Northeast, Minas Gerais, and Espírito Santo (APOINME)
Council of the Terena People
Great Assembly of the Guarani People (ATY GUASU)
Guarani Yvyrupa Commission (CGY)
Articulation of Indigenous Peoples of the Southeast (ARPINSUDESTE)
Articulation of Indigenous Peoples of the Southern Region (ARPINSUL)
05/Aug/2024
Photo: @giuliannemartins
The Law 14.701, which transformed the Time Frame legal thesis into legislation, will again be debated in the country’s Supreme Court. The indigenous movement claims that indigenous rights cannot be negotiated
On this Monday, August 5, a conciliation chamber called by the Brazilian Federal Supreme Court (STF) will discuss the validity of Law 14.701, which legalized the Time Frame thesis. For the Articulation of the Indigenous Peoples of Brazil (Apib), the chamber intends to negotiate indigenous rights, which is why Apib has called for mobilizations against it across the country.
“The right to traditionally occupied territory is an original right secured by the 1988 Federal Constitution and cannot be negotiated. We need to guarantee that Indigenous Lands are demarcated and protected in order to combat climate change,” says Kleber Karipuna, executive coordinator of Apib.
The conciliation meeting at the STF will include members of the National Congress, the Federal Government, governors, mayors and six representatives from Apib. This distribution of seats disregarded the fact that Apib is made up of seven regional organizations that together represent more than 300 indigenous peoples in Brazil.
The creation of the conciliation chamber was ordered by Justice Gilmar Mendes. Maurício Terena, an indigenous lawyer, explains that the creation of the chamber should have been discussed in the plenary of the Supreme Court, which has not happened so far.
Dinamam Tuxá, Apib’s executive coordinator, recalls that the STF has already declared the Time Frame thesis unconstitutional. “This decision by Justice Gilmar Mendes goes against the Constitution and the Supreme Court itself. We want them to listen to us and not to put our lives on the table for negotiation,” says Dinamam.
Claims before the Supreme Court
At the Court, Apib filed a Direct Action of Unconstitutionality (ADI) and requested that the Indigenous Genocide Law, as Law 14.701 was named by the indigenous movement, be suspended until the ADI is appraised by the Court. Another Apib’s legal action requests that all the cases regarding the Time Frame have Justice Edson Fachin as rapporteur.
While the debate on the Time Frame remains uncertain, indigenous peoples are facing escalating violence. According to the report “Violence against indigenous peoples in Brazil” by the Missionary Indigenous Council (Cimi), 208 indigenous people were murdered in 2023, the second worst result since 2014. The figure represents an increase of 15.5% compared to 2022 (during Bolsonaro’s administration) and contrasts with the 3.4% reduction in total homicides registered in the country last year.
Brazil’s biomes are also suffering from the violence caused by the Time Frame, since indigenous peoples are the main guardians of the environment. In 2023, the average deforestation area in Brazil was 5,013 hectares per day, with more than half of it being registered in the Cerrado, followed by the Amazon with 1,245 hectares of deforestation per day. The data comes from Map Biomas’ Annual Report on Deforestation in Brazil.
Background
The Time Frame argues that indigenous peoples only have the right to the demarcation of their lands if they occupied them on October 5, 1988. This thesis disregards the history of violence faced by indigenous peoples, which made it impossible for many peoples to be in their territories on this exact date.
Despite being declared unconstitutional by the Supreme Court, last year the thesis was transformed into legislation by Law 14.701. In addition to the Time Frame, seven other crimes against indigenous peoples have been legalized by this law and will be discussed in the conciliation chamber:
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Demarcation of indigenous lands with the participation of states and municipalities;
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Cooperation between indigenous and non-indigenous people to explore economic activities;
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Demarcations can be contested at any time;
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Exclusive usufruct rights cannot override national defense and sovereignty policies;
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Invasion of indigenous land can be considered in good faith with the right to compensation;
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Prohibition of requests to review the area of already demarcated indigenous lands;
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Legal uncertainty in ongoing demarcation processes.
12/Jul/2024
The Constitutional Amendment Proposal 48 (PEC 48), also known as the “PEC of Death”, aims to introduce the “Time Frame” concept into the Federal Constitution.
The struggle against the Time frame thesis is again gaining momentum in Brazil. On Wednesday, July 10, the Federal Senate appraised PEC 48 during the session of the Constitution, Justice, and Citizenship Committee (CCJ). In response, the Indigenous movement, through the Articulation of the Indigenous Peoples of Brazil (APIB), is calling for mobilizations in Brasília, in territories, and communities.
Popularly known as the “PEC of Death” by Indigenous peoples, the proposal aims to amend Article 231 of the Federal Constitution by establishing a time frame for the occupation of Indigenous lands as of October 5, 1988. The PEC of Death was introduced by Senator Hiran Gonçalves (Progressistas Party) on September 21, 2023, the same day the Supreme Federal Court (STF) declared the time frame concept unconstitutional. APIB and over 60 civil society organizations manifested their condemnation against PEC 48.
For APIB, the time frame concept 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 thesis 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.
On Wednesday (10), Senate discussions on PEC 48 ended with a collective request for revisions from the parliament, and the debate should be resumed by October 30, 2024. Until then, APIB will continue its mobilization against PEC 48 and calls for support from the international community committed to the defense of indigenous rights.
Violence and Health
If the Death PEC is approved, the lives of Indigenous peoples will be at even greater risk. This is because the time frame concept affects all Indigenous Lands in Brazil, regardless of their current recognition status, and encourages invasions and violence in these lands, as is already being seen in the territories of the Tapeba people in the state of Ceará and the Pataxó people in Bahia.
APIB’s indigenous leaders state that the increase in violence in ancestral territories directly harms the ways of life, education, physical and mental health of indigenous families. In the Yanomami Indigenous Land in Roraima, more than 200 Indigenous people had mercury in their bodies in 2022, as shown by a study conducted by Fundação Oswaldo Cruz (FioCruz) published on the website (o) eco. FioCruz also analyzed 47 fish samples, all of which contained the toxic metal, derived from illegal mining within or near the Yanomami territory.
According to the UN, mercury contamination can cause serious neurological damage, leading to symptoms such as tremors, insomnia, memory loss, headaches, muscle weakness, and even death.
Climate Change
Furthermore, the APIB points out that guaranteeing the demarcation and protection of Indigenous territories is a solution for combating climate change globally. Indigenous Lands are areas with the greatest biodiversity and the most preserved vegetation, as they are protected and managed by Indigenous peoples. Approving PEC 48 means preventing the true defenders of the biomes, the Indigenous peoples, from caring for and preserving the environment.
An example of this is the result of data analysis conducted by APIB in 2022, in partnership with the Amazon Environmental Research Institute (IPAM), using MapBiomas data. It shows that in Brazil, 29% of the territory surrounding Indigenous Lands is deforested, while within Indigenous Lands, deforestation accounts for only 2% in the last 30 years.
“We continue to be victims of discriminatory and racist policies, severely worsened in the past six years by government neglect and the encouragement of invasions led by various criminal organizations whose practices only deepen climate change. […] For this to end and for us to continue caring for the well-being of our peoples and all humanity, contributing to climate balance, we declare a Climate Emergency with a loud voice,” says a passage from the Open Letter from the Free Land Camp 2023 – Indigenous Peoples declare climate emergency. Read the full text [here].
Unconstitutionality
Maurício Terena, Indigenous lawyer and coordinator of Apib’s legal department, explains that the National Congress legalized the Time Frame concept through Law 14.701/2023 (Popularly known as the Indigenous Genocide Law). However, the legislation may have its effects suspended by the STF as it violates the Federal Constitution.
Terena emphasizes that amending the Constitution is possible through a constitutional amendment proposal, but that unchangeable clauses – such as the fundamental rights of Indigenous peoples – cannot be revoked or regressed by the National Congress.
Therefore, APIB, through its legal department, requests that PEC 48 be removed from the National Congress agenda and archived.
Check out the technical note on the Death PEC: https://apiboficial.org/files/2024/07/Nota-T%C3%A9cnica-PEC-48_2023-.pdf
Learn more about the time frame concept situation in the STF: https://apiboficial.org/2024/07/09/gilmar-mendes-ignora-movimento-indigena-e-agenda-reuniao-de-conciliacao-sobre-marco-temporal/).
Find out more about the Time Frame concept: https://apiboficial.org/marco-temporal/.
02/May/2024
Indigenous Peoples of Brazil met with over a dozen of Brasilia’s ambassadors to call on governments to support their agenda towards COP30 with swift action to stop deforestation and violence in indigenous lands.
April, 2024.- Brazil’s indigenous movement is seeking multiple pathways to ensure the upcoming COP30 can be marked by action in the territories. In a meeting with over a dozen embassies, they asked governments to commit to halting their countries’ extractive activities in indigenous lands. As the country gears up to host the upcoming COP30, there is a need to match discourse with on the ground action, according to the Articulation of Indigenous Peoples of Brazil (APIB).
During the meeting, leaders from all biomes of Brazil stated the links between land invasion and foreign interest, particularly highlighting the violence communities experience due to displacement and confrontations with invaders and corporations.
“Don’t receive soy exports that are linked to indigenous blood. If a product is coming from our lands, it is the result of a direct attack on us and is tainted by violence”, said Norivaldo Mendes, from the Guarani Kaiowa people and Executive Coordinator to Aty Guasu and APIB. “Corporations won’t tell you where the soy comes from because they don’t want to lose all the resources our land provides them”, he finished.
The delegation met with representatives from Australia, Austria, Belgium, Canada, Denmark, the United States, France, Italy, Norway, New Zealand, Sweden, Switzerland, the United Kingdom, the European Union, and the Brazilian Ministries of Foreign Affairs and of Indigenous Peoples. This marks the first time the APIB hosts a single meeting with a diplomatic body of this calibre.
Among the petitions from the indigenous leadership, they called on these governments to support effective Indigenous participation in COP30 and to include concrete goals for demarcating Indigenous Lands in the upcoming update of the Brazilian Nationally Determined Contributions (NDCs); to implement direct financing to Indigenous organisations by adapting their operations, monitoring and evaluation instruments; and to prioritise a new vision on infrastructure that respects Free, Prior, Informed Consent and that does not impact Indigenous Lands – explicit demanding no mineral or oil exploitation in their territories.
The ambassadors heard a call for them to hold companies accountable for damage incurred against nature and the inhabitants of the regions in which they operate; and to commit to not financing or supporting projects that are characterised as greenwashing.
“We want to push for traceability of the commodities sold to the European Union and big economies of the Global North, because then you will be able to see why we are constantly calling out violent land grabbing attacks” said Dinamam Tuxa, Executive Coordinator to APIB.
The leadership also pushed a debate on mining expansion as a response to the climate crisis and a proposal for “sustainable” development. “There is no point in coming to Brazil to look for what has already been used up in your countries”, said Executive Coordinator Kreta Kaingang, speaking on fossil fuel and mining projects. “We are not against development, but we cannot accept development that is based on the death of our people”, he added.
The Global Alliance of Territorial Communities (GATC) leadership joined Brazilian Indigenous authorities for the meeting, as part of their participation in the Free Land Camp (Acampamento Terra Livre – ATL) to advance a joint agenda towards COP30 and call on other stakeholders to join their efforts. Their presence showcased the articulation between Indigenous Peoples and Local Communities worldwide.
“On behalf of the Indigenous Peoples of our alliance, we want governments to join us to make COP30 a historic turning point in how the world confronts the climate crisis. If we don’t come together, we might have to sit down to write the history book on how humanity failed to live with Mother Earth”, said Rukka Sombolinggi, in representation of the Indigenous Peoples of Indonesia and the GATC.
Representatives from the embassies acknowledged the guardianship role Indigenous Peoples carry in their territories and pledged to continue on dialogues with APIB in the route to COP30. Moreover, they spoke of their standing projects and the will to continue investing and connecting with the communities. Many promised to work both with indigenous organisations and the Brazilian government to accelerate the demarcation and effective protection of indigenous lands, guaranteeing the autonomy of the people, and strengthening territorial governance.
