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.
30/Jun/2023
Brasilia – DF, Brazil
June 30, 2023
1. We, Indigenous peoples and organizations and allies who met in Brasilia from June 28th to 30th, 2023, with the objective of evaluating and promoting a diagnosis of the construction process and deliberations regarding the holding of the Amazon Summit, which will take place in Belém – PA on the 8 and 9 of August 2023, after the Amazon Dialogues (4, 5 and 6 of August), and which intends to produce a consensus position regarding the forest to be presented in future global debates on climate action and the protection of biodiversity.
2. In view of the aforementioned proposal, we insist that the Indigenous peoples of the Amazon Basin, as true experts, deep connoisseurs and protectors of forests, still do not have the necessary and indispensable conditions to effectively participate in the processes of dialogue, proposition and construction of the aforementioned Summit.
3. We consider that dealing with the Amazon agenda without the effective participation of the Indigenous Peoples who inhabit it, demonstrates the non-recognition of our lives and the roles we play in favor of the maintenance and defense of the forests. Once again, we are faced with debates and construction of proposals about our territories without our guaranteed participation, which reveals the recurrent colonialist practice that seeks to silence our protagonism, while supplanting our voices and autonomy in decision-making spaces.
4. Before this scenario, we reaffirm our self-determination and demand the effective inclusion in the spaces, as well as the articulation and construction, especially for the Amazon Summit, as Indigenous peoples of the entire Amazon Basin, holders of the practices and knowledge essential to the maintenance of the climate balance and biodiversity.
5. We announce the creation of the Working Group that seeks to represent national and regional Indigenous organizations from the 09 countries that make up the Amazon Basin (Brazil, Colombia, Peru, Ecuador, Venezuela, French Guiana, Guyana, Suriname and Bolivia) with the objective of advocating from the perspectives of Indigenous Peoples, the propositions of the Amazon Summit and all subsequent processes until COP 30 in 2025.
6. We, the Indigenous peoples and organizations of the five countries that are part of the Amazon Basin present at this meeting, demand that our own forms of territorial organization and traditional and original occupation, which are independent and prior to State recognition, be considered.
7. Discussing the future of the Amazon without Indigenous peoples is equivalent to violating our original rights and all the work we do for human life on the planet.
INDIGENOUS ORGANIZATIONS THAT SIGN THIS LETTER:
Coordination of Indigenous Organizations of the Brazilian Amazon – COIAB
Articulation of the Indigenous Peoples of Brazil – APIB
Articulation of Indigenous Peoples and Organizations of the Amazon – APIAM
Roraima Indigenous Council – CIR
Coordination of Organizations and Articulations of the Indigenous Peoples of Maranhão – COAPIMA
Organization of the Indigenous Peoples of Rondônia and Northwest Mato Grosso – OPIROMA
Articulation of the Indigenous Peoples of Tocantins – ARPIT
Manxinerune Tsihi Pukte Hajene – MATPHA
Union of Indigenous Women of the Brazilian Amazon – UMIAB
Indigenous Council on Climate Change – CIMC
Confederation of Indigenous Nations and Peoples of the Eastern Cacho and Bolivian Amazon – CIDOB
Confederation of Indigenous Nationalities of the Ecuadorian Amazon – CONFENIAE
Organisatie van Inheemse Volken in Suriname – OIS
Association of Amerindian Peoples – APA
National Articulation of Indigenous Women Warriors of Ancestry (ANMIGA)
ALLY ORGANIZATIONS THAT SIGN THIS LETTER:
Avaaz
The Nature Conservancy Brazil – TNC Brazil
World Wide Fund for Nature Brazil – WWF Brazil
Amazonian Cooperation Network – RCA
Amazon Watch
Voices of Just Climate Action – VAC
16/Nov/2022
We, from the Brazil’s Indigenous People Articulation (APIB) and the National Coordination of Articulation of Rural Black Quilombola Communities (CONAQ) emphasise our position in defence of all natural ecosystems in Brazil. It is extremely important that climate negotiations take into account not only forests, but also savannas, grasslands, wetlands and all the different expressions of nature around the world. These landscapes also contribute to the fight against climate change and are part of the solutions for a more sustainable, inclusive and socially just world.
We urge the European Union to take the necessary and urgent measures to prevent imported deforestation, as well as the land conversion of other native wooded lands. This is crucial in the Cerrado context, as most of the soy exported to the European Union is produced in this highly threatened biome.
The Cerrado is not a degraded landscape; it is the world’s richest savanna. It is home to hundreds of indigenous people, cultures and territories, as well as to communities of quilombolas, geraizeiros* and other traditional cultures and populations. It is also the largest agricultural frontier in the world, bearing the largest impact on soy imported by Europe. Monitoring tools are available to ensure the protection of the Cerrado – all we need is political will!
The same goes for all other natural ecosystems that are not forests: Pampas, Pantanal, Caatinga, as well as for the Atlantic Forest. If the European regulation against deforestation restricts itself to only protecting forests, it will have very limited impact – as almost 75% of the Cerrado would remain unprotected. The same would happen to 76% of the Pantanal and of the Pampas and almost 90% of the Caatinga. Moreover, the European regulation would have a perverse effect, as it would intensify the pressure of destruction on these ecosystems and on its people.
Ultimately, by being restricted to forests, the European regulation against deforestation would have the opposite effect of its original objective. This is why this law must also include “native other wooded lands” (primary savannas), rather than being restricted to native forests only.
This would increase the Cerrado protection from 26% to 82%, Pantanal protection from 24% to 42% and of the Caatinga from 11% to 93%. The Brazilian Cerrado is losing nearly a million hectares each year, and this destruction is increasing. An eventual revision of the law to be discussed in 2 years will not prevent the loss of millions of hectares of valuable ecosystems, the emission of millions of tons of carbon, nor violent attacks on hundreds of traditional people and territories. Therefore, we reiterate our claim:
THE EUROPEAN LEGISLATION ON DEFORESTATION MUST ENSURE THE RESPECT OF THE HUMAN RIGHTS OF ALL INDIGENOUS, QUILOMBOLA AND TRADITIONAL PEOPLE, AND PROTECT THE ENTIRE CERRADO NOW, BY INCLUDING NATIVE AND PRIMARY “OTHER WOODED LANDS” IN THE SCOPE OF THE LAW TEXT TO BE APPROVED THIS YEAR.
For technical details on this topic, refer to the following documents:
Egypt, Sharm el Sheikh, 15 November 2022
ARTICULATION OF THE INDIGENOUS PEOPLES OF BRAZIL – APIB
14/Nov/2022
Apib note to the new Lula Government and the world
The Articulation of the Indigenous Peoples of Brazil (Apib), together with its grassroots organisations, is present at the 27th UN Conference on Climate Change to reaffirm what needs to be done to tackle the global climate crisis: RECOGNIZE AND GUARANTEE LAND TENURE RIGHTS OF OUR INDIGENOUS LANDS!
We are in Egypt with an Indigenous delegation composed of women, men and young people who live in all 6 ecosystems in Brazil. We occupy this space because we know that for our Lands and Lives to be protected, it is still necessary to demarcate the minds of humanity. Government representatives, activists, leaders of human rights and socio-environmental organisations need to understand and support indigenous peoples in this ancestral mission of protecting our MOTHER EARTH.
For the whole world, this is the COP that marks the return of Brazil to the discussion and agendas on climate change, human and socio-environmental rights, after the last four years of a genocidal and ecocidal misgovernment. President Lula’s election victory, supported by Apib and all its organisations, marks a new moment for Brazil on the national and international scale.
Without our territories, greenhouse gas emission rates would be even more drastic. In 2021 alone, Brazil recorded the highest increase in the dumping of CO2 into the atmosphere in the last 19 years. A total of 2.42 billion tons of these pollutants were dumped.
On the international scenario, the European Parliament is in the process of approving the anti-deforestation law (FERC) and needs to ensure traceability of commodities beyond forests. Demanding that commodities producing companies respect the preservation of our biodiversity and the rights of indigenous peoples is crucial at this time. EU law needs to demand traceability of commodities from all native and primary vegetation. Only then the consumer markets will be taking action for a chain free of deforestation and indigenous blood. The Cerrado, Caatinga, Pampa and Pantanal also need to be framed in the Law’s concept of vegetation, in addition to forests like Amazon and Atlantic Rainforest, regardless of the UN Food and Agriculture Organization’s (FAO) definition of forests.
Of the promise made by countries and philanthropic institutions at the last COP26, in 2021, to guarantee 1.7 billion for indigenous peoples and local communities, only 19% was applied. Of this amount, only 7% was allocated directly to indigenous peoples’ organisations, according to a report by the group of funders of this proposal. In other words, for another year, indigenous peoples continue being directly impacted by the climate crisis, but without direct access to financial mechanisms to strengthen their actions to fight it.
Faced with this scenario, we, the indigenous movement, represented by Apib, reinforce to president Lula and his entire transition team that
- The demarcation of the Indigenous Lands be placed as a central agenda in the fight against climate change by the Lula Government;
- The five Indigenous Lands, which have been fully demarcated and are only awaiting the homologation decree, be signed as an act of commitment with the indigenous peoples in the first days of the government;
- The Lula Government supports the inclusion of the Cerrado, Atlantic Rainforest, Caatinga, Pampa, Pantanal and Amazon biomes in the Anti-Deforestation Law of the Parliament;
- Commitment to ZERO deforestation;
- Response on the request made by Apib to the Transition Government to include the participation of indigenous leaders in the space of construction of the transition process for rediscussion on the indigenous agenda within the Government (Funai, Sesai…) and the recently created Ministry of Indigenous Peoples;
Egypt, Sharm el Sheikh, 14 November 2022
ARTICULATION OF THE INDIGENOUS PEOPLES OF BRAZIL – APIB
04/Nov/2022
Between 6 and 18 November, indigenous leaders of the Articulation of Indigenous Peoples of Brazil (APIB), together with their grassroots organizations, will participate in the 27th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP27). The event will take place in the city of Sharm el-Sheikh, Egypt, where the delegation will discuss the demarcation of Indigenous Territories (ITs) in the country as an essential action to face the global crisis.
The conference takes place after Luiz Inácio Lula da Silva’s victory in the presidential elections, placing the country back on the climate and environmental agenda, especially in the international arena. The elected president accepted the invitations of governors of the Legal Amazon and the Egyptian presidency to attend the event.
The APIB reiterates that the Indigenous Lands are the areas with the greatest biodiversity and with the most preserved vegetation, since they are territories protected and managed by the native peoples. An example of this is the result of data crossing performed by APIB in 2022, in partnership with the Amazonas Environmental Research Institute (Ipam), with data from MapBiomas. It points out that in Brazil 29% of the territory around the Indigenous Lands is deforested, while inside the Indigenous Lands only 2% is deforested.
Dinamam Tuxá, executive coordinator of APIB, recalls that in 2018 one of the campaign promises of the current president, Jair Bolsonaro, was to not demarcate any ancestral territory. The measure is an attack on the rights of indigenous peoples guaranteed in the 1988 Federal Constitution and an incentive to deforestation and illegal mining.
“In Brazil there is no solution to the climate crisis without the demarcation of indigenous lands and, consequently, the protection of indigenous peoples. We have an intimate relationship with Mother Nature and we see up close the effects of the environmental destruction that Bolsonaro has caused, now with Lula we hope to work together so that the situation changes,” explains Tuxá.
The coordinator, who will be at the conference, will participate in the panel “Governmental transition and Brazilian socio-environmental policy” on November 9. Organized by the Climate Observatory, the panel will also include the Secretary of OC – Márcio Astrini, Tasso Azevedo – Coordinator of the Greenhouse Gas Emissions Estimation System of the Climate Observatory (SEEG), Brenda Brito – researcher of the Institute of Man and Environment of the Amazon (IMAZON), Luis Fernando – Knowledge Director of SOS Mata Atlântica and a representative of the new elected government.
Global Collaboration
The COP27 also comes after Norway announced it would resume the Amazon Fund, an international cooperation program that allocated financial aid to Brazil to reduce deforestation. The Fund was created during the Lula government, but in 2019 Bolsonaro imposed new requirements that caused Norway and Germany to terminate transfers of resources that reached up to US$ 1 billion.
The proposed resumption of the Amazon Fund was only possible with the election of Lula, who has among his promises to end deforestation in the Amazon, respect indigenous peoples and recover the country’s protagonism in the fight for climate justice.
Eunice Kerexu, executive coordinator of Apib, says that having a government committed to these agendas brings relief and optimism to activists and indigenous organizations.
“With Lula we have a more optimistic scenario, but the struggle does not stop. We will continue to fight for the demarcation of indigenous lands and the overthrow of the Temporal Milestone thesis. Just like Norway, it is also important that more countries take part in the debate and return to dialogue with Brazil so that together we can solve the climate crisis”, said Eunice Kerexu.
In 2021, Brazil emitted 2.42 billion tons of CO2 into the atmosphere, which represents a 12% increase compared to 2020 and the highest increase in greenhouse gas emissions in 19 years, according to a survey by the Climate Observatory. Experts point out that the main cause of this increase is deforestation. Brazil and Mexico were the only two countries among the signatories of the Paris Agreement that regressed in their targets in the 2020 review, according to the UN.
Articulation of the Indigenous Peoples of Brazil (APIB)
The Articulation of the Indigenous Peoples of Brazil (APIB) was created in 2004 and is the national reference for the indigenous movement. It gathers regional indigenous organizations and was born with the purpose of strengthening the union of the peoples, the articulation between different regions and indigenous organizations of the country, in addition to mobilizing the peoples and indigenous organizations against threats and aggressions to indigenous rights.
SERVICE
What: APIB takes its demands for Indigenous Land recognition to Egypt and reinforces climate change agenda for Lula Government
When: November 6th to 18th, 2022
Where: United Nations Conference of the Parties on Climate Change (COP27) in Sharm el-Sheikh, Egypt.
Contact:
[email protected]
15/Sep/2022
The European Parliament voted yesterday, September 13th, on the draft law for Forest and ecosystem-risk commodities regulation (FERC). Among the results of the debate, the inclusion of respect for international agreements and treaties on the rights of indigenous peoples stands out, as APIB had been defending since the beginning of the proposal of this legislation. However, another of APIB’s main demands, which was the protection of all ecosystems, regardless of the definition of forest cover, was not included.
The FERC law, also known as the deforestation-free products law, will include measures that oblige companies producing commodities to respect international human rights legislation, which includes guaranteeing the rights of Indigenous Peoples. The Members of the European Parliament (MEPs), meeting yesterday (13) in Strasbourg, France, voted on the draft law and reviewed the suggested changes. Among the proposals accepted by the MEPs, there is the prerequisite that Indigenous Peoples have guaranteed access to free, prior and informed consultation on the production of commodities, as advocated by Convention No. 169 of the International Labor Organization (ILO). No product may be imported into the European Union without the responsible company obtaining the consent of the affected Indigenous Peoples to install a commodity production activity close to their lands.
Another of the accepted proposals was the revision of the law annually (every year), instead of every two years as was initially foreseen. MEPs did not give in to pressure from business lobbies and leather was included in the group of commodities regulated by the regulation for deforestation-free products. This implies a major victory, as leather is one of the main products potentially responsible for deforestation imported by the European Union. In addition to all commodities considered by the first law proposal -beef, palm oil, soy, wood, coffee and derivatives (such as chocolate and furniture)- the regulation voted today also considers the traceability of deforestation in the pork, sheep, goat and poultry meat, as well as corn, rubber and paper products.
The important role played by financiers of commodity production chains, was also considered. MEPs included regulation for European banks and investors to not finance deforestation and human rights violations.
The European Parliament is aware that the creation of a law for deforestation-free products in European Union countries will not end deforestation. Commodities with a forestry risk that can be sold in markets other than the European one. Then, the European Parliament proposes a cooperation program between countries to apply measures to stop forest destruction. The MEPs proposed that the European Commission be responsible for drawing up maps that identify countries with high deforestation risks, in order to support international cooperation programs. Likewise, they insisted on the need for good governance within the affected countries by deforestation, as well as the protection of the rights of Indigenous Peoples, traditional populations and other people who depend on nature.
Parliament requested assistance so that small producers can comply with the rules established by the FERC law, among which they highlight, for example, the need for geolocation traceability of products. It is fair and necessary to build partnership and cooperation programs to help small producers make a transition to sustainable agricultural and livestock production.
In addition, the legislation will include access to independent and impartial justice bodies to oversee the impacts of deforestation caused by commodity production, but only on an administrative basis. Companies cannot be directly prosecuted by penal or criminal law through the mechanisms established by FERC. Furthermore, the Euro-parliamentarians rejected the request to include in the anti-deforestation law the need for compensation mechanisms for Indigenous Peoples affected by commodity production chains.
“What this law needs is to be stricter in the traceability of these products. Indigenous Peoples are not looking for compensation, we want measures to avoid the impacts and, in case of illegalities, criminal prosecution for companies and not only administrative penalisations”, explains Dinamam Tuxá, APIB coordinator.
Another of the most important demands that was left out was the protection of all ecosystemes – regardless of the FAO definition of forests applied in the FERC law. “In addition to what this law recognized, we would like a much more ambitious regulation, recognizing and protecting other ecosystems for the guarantee and protection of these territories also under threat from the advance of agribusiness”, says Tuxá. “We understand that the non-recognition of other ecosystems within this law will put even more pressure on deforestation outside the Amazon forests. This brings us concern because these are productive areas that are already in a lot of conflict and that, in many places in Brazil, agribusiness have drastically advanced over indigenous territories”. Protecting only some natural areas opens a gap for commodity production chains to be moved from one region to another without solving the deforestation problem. APIB insists on the need to review this point in the coming months of debate before final approval of the text.
The result of the vote was the last step in the elaboration of the text of the FERC law which was presented to the European Parliament in November 2021. However, the legislation can still undergo changes, as a result of negotiations between the European Parliament, the European Council and the European Commission. This process, known as “trilogs”, aims to conclude a final version of the legislation by the end of the year 2022, approximately. Only after the final approval by all member states of the European Parliament, the law can come into force.
09/Sep/2022
On September 13th, the European Parliament will vote on the Proposal for a regulation on deforestation-free products (FERC law), also called the Deforestation-free products law. APIB has been following the construction of the legislation since 2020 as it has some gaps that prevent from guaranteeing the effective protection of Indigenous Peoples against the pressure of commodity production.
The Articulation of Indigenous Peoples of Brazil (Apib) promotes a campaign to guarantee the rights of indigenous peoples in the FERC regulation, which will be voted on by the European Parliament on September 13th. With the campaign named “We are all ecosystems” (Somos Todos Biomas), the organization also seeks to include all Brazilian ecosystems in the new legislation.
The FERC law provides sanctions to minimize the risk of deforestation and forest degradation associated with products placed on the EU market. However, the definition of forest defined by FAO and considered by the legislation is very reduced and excludes a good part of biomes and natural areas, which would be left out of protection. Increasing the traceability of production chains only in some biomes announces a threat of displacement and intensification of commodity production in the unsupervised natural areas, which historically have already suffered such pressure.
In the case of Brazil, if the law is applied according to the current proposal, the Amazon forest would be the only biome with the largest protected forest area (84%) from the threats of illegal deforestation for the production of commodities, followed by the Atlantic Forest, Mata Atlántica, (71%). By contrast, only a small part of Cerrado (26%), Caatinga (10%), Pantanal (24%) and Pampas (11%) biomes would be considered as forest to be protected by Deforestation-free products law, according to data from MapBiomas.
The Indigenous Peoples of Brazil, which are distributed throughout all the country and located in all biomes, are already suffering today the pressure of commodity production through: 1) illegal invasion and deforestation of their lands; 2) violence, threats and killings of indigenous leaders and activists who struggle for environmental and indigenous rights; 3) socio-environmental pressure through deforestation, fires and the intensification of large-scale agricultural activities around Indigenous Lands with the use of pesticides that pollute lands and rivers.
According to a crossing data study carried out by APIB with the location of Indigenous Lands in Brazil and the IPAM database about the land-use changes in a buffer of 25 km distance around: 29% of the territory around the Indigenous Lands is deforested, while within indigenous borders there is only 2% of deforestation. The data also shows that most of the deforested areas around Indigenous territories are lands under permanent cattle pastures (producing meat and leather) and soybean production, but also sugarcane, rice or cotton stand out among other commodities.
As a result of the growing risk of environmental degradation caused by some productive sectors, the proposal for a regulation on deforestation-free products aims to minimize consumption of products coming from supply chains associated with deforestation or forest degradation, and increase EU demand for and trade in legal and ‘deforestation free’ commodities and products. This, in turn, is expected to reduce GHG emissions and global biodiversity loss.
Nevertheless, all biomes have the same importance in achieving an environmental balance and APIB requests, first of all, that all natural areas should be protected by this legislation. We also demand respect for international treaties and agreements that protect human rights and indigenous rights, in particular, to provide a greater guarantee for the protection of the Indigenous Peoples of Brazil. In this regard, National legislations become insufficient when governments such as the current one of Jair Bolsonaro, with an openly anti-indigenist position, risk the lives of the guardians of the forests and biodiversity. Even with the pressure of globalization and commodities production, Indigenous Peoples struggle to continue living in an interrelationship of respect and sustainability with the forest. For this reason, APIB asks for the European Parliament to consider a more comprehensive deforestation-free products law that claims the protection of all types of vegetation and the world’s biodiversity, the survival of Indigenous Peoples and traditional populations, as well as the global climate balance to guarantee a good life for current and future generations.
27/Jun/2022
The European Parliament’s Environmental Commission is currently debating the text of the Proposal for a regulation on deforestation-free products (FERC), also called the deforestation-free law, which will be voted on in September. The legislation contains some extremely important gaps to guarantee the rights of Indigenous Peoples and the protection of their territories.
European countries, importers of Brazilian commodities such as beef, soy and leather, need to take responsibility for the impacts that these large-scale production chains have on Indigenous Lands in Brazil. Europe is the second largest market for selling soybeans produced in Brazil, as well as a major importer of Brazilian beef and other forest-risk products. Agribusiness, mining and other large-scale exploration put strong pressure on the protection of Brazilian biomes, the guarantee of indigenous rights and climate change. European demand for commodities amplifies these conflicts. Therefore, it is necessary to impose limits and create traceability mechanisms committed to human rights and the environment. Brazil is currently experiencing a delicate moment of dismantling of policies and institutions, in addition to an increase in violence in the countryside, as the murder of indigenist Bruno Araújo and journalist Dom Phillips has shown. According to the 2021 Global Witness report, Brazil is the fourth most violent country for environmental and human rights defenders.
To focus on this debate, APIB toured Europe with a delegation of indigenous leaders between June 8th and 17th. In the first days, the delegation was in Paris, France, following the investigation of the Casino case, an international supermarket retailer accused of selling products linked to deforestation and land grabbing in Brazil and Colombia (you can read more about the case and the APIB tour in Europe here). In the second part of the trip, between the 13th and 17th of June, the entourage of indigenous leaders from APIB was in Brussels, Belgium, and held several meetings with members and committees of the European Parliament to position themselves on the law on deforestation-free (FERC) and to demand that Parliament include the demands of Indigenous Peoples in that legislation.
The ministers representing the member states of the European Union will put their positions in relation to the law at the next European Environment Council, which will take place on June 28th. Subsequently, the Environment, Public Health and Food Safety Committee – which is responsible for drafting the FERC law – will vote in mid-July on the proposed amendments to the draft presented, with the aim of having the final text for voting by the law in the plenary of Parliament in September 2022.
What is currently proposed by the Law on deforestation-free (FERC)?
The European Commission’s Proposal for a regulation on deforestation-free products (FERC) pretends to avoid the importation of products that promote illegal deforestation within their production chains. The proposed law, presented on November 17th 2021, seeks to create sanctions for products that pose a risk to the environment, but would only be implemented on lands considered forests according to the definition of the FAO (Food and Agriculture Organization of the United Nations). This definition disregards a large part of the Brazilian biomes and, as a consequence, also excludes the reality of a good part of the Indigenous Peoples of Brazil.
If the FAO definition of forests is the only criterion taken into account, Brazilian biomes would be at risk due to large-scale commodity production chains: 75% of the Cerrado, 89% of the Caatinga, 76% of the Pantanal and 74% of the Pampa, according to data from MapBiomas.
The proposed law would be applied in only 15% of the Pantanal region, one of the biomes most affected by fires in recent years, and completely disregards the Pampas biome in the south of the country, where historical processes of invasion and occupation of indigenous lands are taking place, caused mainly by the advance of soy and livestock. The Cerrado biome, with only ¼ of its area recognized as forest within the FAO definition, is today one of the regions with a significant advance in agribusiness and livestock, in addition to the expansion of the agricultural frontier in the MATOPIBA (forest region between Maranhão, Tocantins, Piauí and Bahia States), which already brings impacts to the contamination of soils and water due to the excessive use of pesticides. The Atlantic Forest (Mata Atlántica) and Caatinga would also not be fully recognized as a forest despite being intensely consumed and threatened by industrial activities and agribusiness, respectively. The Amazon would be the only biome with the greatest extent recognized as a forest within the considerations of anti-deforestation legislation. However, about 15% of the biome would be unprotected by this law, as in the case of Lavrado (vegetation present in parts of the state of Roraima, in addition to other patches of Cerrado present in the Amazon).
Another loophole in the FERC proposal is that it only requires each country to be responsible for complying with its national laws. However, this implies a great risk in the current context of dismantling of public policies promoted by the current and anti-indigenous Brazilian government that could continue marketing certain products without violating any national law. The proposed law also does not talk about the exclusive right of possession and usufruct of Indigenous Peoples over their lands or the obligation to comply with international laws such as article 169 of the ILO (International Labour Organization).
And the third and final weakness of the legislation pointed out by APIB is what it says in relation to the products that could be traced and the commercialization deadline. The draft text proposes that six commodities, coffee, cocoa, cattle, palm oil, soy, wood, and derived products, will have to go through due diligence before being placed in the EU market. Importers and traders will have to ascertain that the commodities were not produced or grown in a land that suffered deforestation or degradation after December 31st, 2020 and are in accordance with the producing country’s laws. The law excludes the traceability of canned meat, corn and cotton, among other products at forest risk. At the same time, the time frame for commercialization allows, for example, that frozen meat, as well as stored cereals (such as soy) that were produced on deforested pasture in 2019 can be commercialized.
What are APIB’s demands in relation to deforestation-free legislation (FERC)?
APIB appeals to the European Parliament to recognize the reality of the multidimensional impacts and responsibility of European economic and commercial dynamics on indigenous lands in Brazil. To that end, it specifically requests:
- Effective mechanisms for tracking commodity production chains are needed because productive, economic and financial pressures have a major environmental impact and an increase in violence against Indigenous Peoples, especially against their leaders.
- All of Brazil’s biomes need to be included in the European deforestation-free law, as a concrete response to the climate emergency and the cases of violence that have multiplied in our territories, with the encouragement of the Brazilian government. APIB wants the FAO definition of forests not to be used, and thus allow that, in addition to the Amazon, this legislation also includes the protection of the Cerrado, Pantanal, Pampas, Mata Atlántica and Caatinga.
- It is necessary to consider the position of Indigenous Peoples: to go beyond the goals established in international agreements, to consider the vital role that indigenous communities play in climate responsibilities as guardians of the forest and to take into account the opinion of those who directly suffer the impacts of the predatory production chains of commodities in Brazil.
“For us Indigenous Peoples, no biome is different, they are all part of the Brazilian territory, which is an indigenous territory. And we, the indigenous people, live in all these biomes. So it is important that European anti-deforestation legislation considers all of them”, declares Kretã Kaingang, executive coordinator of APIB. “What hurts with soy, what hurts with murders, what hurts with the invasion of territories, what paralyzes the demarcation of indigenous lands happens in all biomes. With the inclusion of all biomes in this legislation, we have more strength to defend these biomes. We already do this without law, but we know that European countries buy products from all these biomes, not just from the Amazon, and their protection influences our daily lives”, adds Kaingang.
More details in the document prepared by APIB: “Message to the European Parliament on the urgency of passing the European Deforestation-Free Law (FERC)”.
How was the APIB advocacy campaign carried out in the European Parliament?
On Thursday, June 16th, the APIB delegation and Extinction Rebellion spoke out in front of the European Commission to demand that parliamentarians include the demands of Indigenous Peoples in the deforestation-free legislation (FERC). (See photos of the act here).
“Our influence in the European Parliament was very necessary for us to spoke out our situation as Indigenous Peoples of Brazil. Thanks to this dialogue with the European Parliament, it may be possible to modify the draft law. We are here with an opportunity to intervene internationally as indigenous organizations, as it is difficult to be heard in the current context of Brazil with this anti-indigenous and fascist government, which only seeks profit at the expense of those who live on that land like us”, explains Crisanto Rudzö Tseremey’wá, leader of the Coordination of Indigenous Organizations of the Brazilian Amazon (COIAB).
During the delegation’s stay in Brussels, other important meetings took place, such as meetings with José Manuel Fernandes, chair of the Brazilian delegation to the European Union; Jérémy Decerle, French Member of the European Parliament ; and Anne-Margreet Sas, representative on agriculture on the UK Netherlands standing committee in the European Parliament. In the three meetings, members of parliament were interested in understanding the current situation in Brazil suffered by Indigenous Peoples, but claimed that at this moment it would not be possible to include other biomes in the anti-deforestation law. Possibly, after the law is passed by Parliament (which should take place in September 2022), the inclusion of other biomes and/or a broader definition of forests/vegetation could be included in the regulatory review, which should take place in 2024. This was the same speech used by technicians from the General Council for the Environment and the European Parliament Research Center on the inclusion of biomes. They also reiterated that Human Rights, including those of Indigenous Peoples, should be established in other due diligence legislation (still being drafted by Parliament) rather than in a deforestation-free law. These meetings frustrated the APIB delegation, seeing that the European Parliament is not that committed to mitigating its trail of destruction to guarantee a real deforestation-free supply of commodities.
On the other hand, there were moments of support, such as the meeting with members of the European Parliament’s Group of the Greens, formed by Michèle Rivasi, Grace O’Sullivan, Francisco Guerreiro, Anna Cavazzini, among others. At lunch with part of the indigenous delegation, they strengthened the support network for the construction of an ambitious deforestation-free law, which meets the demands of indigenous peoples and those who are most impacted by the production of commodities. In addition to meetings with members of the European Parliament, the APIB delegation took the opportunity to meet with its network of partners in Europe, such as FERN, Greenpeace, Global Witness, Friends of Earth to strengthen alliances and discuss strategic actions to promote guarantee the fulfillment of the rights of Indigenous Peoples.
See more photos from the APIB Tour in Europe:
How important is an international mobilization of Indigenous Peoples?
In a scenario of dismantling of public policies in Brazil and the illegal advance of industries (agribusiness, livestock, mining, energy, hotels), the productive and economic demand coming from the European Union and other countries or economic blocks feeds and accelerates the processes of invasion, expropriation and destruction of Indigenous Peoples and their lands. The right to the territory is guaranteed by the Federal Constitution of 1988, through the demarcation process, being the responsibility of the Brazilian Executive Power. However, in a scenario where the president of Brazil is the greatest enemy of Indigenous Peoples and reinforces the advance of agribusiness and the fragility of inspection institutions, it is up to Brazil’s economic and commercial partners to demand and press for the fulfillment of the indigenous rights.
In addition, APIB denounces that the murders of indigenist Bruno Araújo and journalist Dom Phillips are not isolated cases, but a consequence of systematic violence promoted by the militarist and anti-indigenous state commanded by the genocidal Jair Bolsonaro. “They found the bodies of Bruno Araújo and Dom Phillips. This is the real situation in our country and that is why we are here in Belgium, to make these complaints and to dialogue with the deputies about the laws that are being created here in Europe and that directly affect our lives in our territories”, says Eunice Kerexu, executive coordinator of APIB. “We are not here to say stop this export, but to reinforce the need to create a legislation that helps us protect our lives and our territories”, adds Kerexu.
About the Articulation of Indigenous Peoples of Brazil (APIB)
APIB is the largest instance of representation of the Brazilian indigenous movement and has, since its creation, fulfilled its commitment to fight for the guarantee of the constitutional rights of Indigenous Peoples. Whether nationally or internationally, APIB and its seven grassroots organizations are mobilized to protect territories, communities and people.
The Indigenous Peoples, articulated through their regional organizations and APIB, seek in all instances the accountability of those responsible for this destruction. Internationally, APIB, in addition to participating in climate events and debates, seeks to make the agents responsible for the dynamics of invasion, illegal exploitation and destruction of indigenous territories accountable, as well as influencing the debate on the formulation of the new Regulation on deforestation-free products (FERC). In Brazil, APIB has historically mobilized the indigenous movement and faced the anti-indigenous policies that are being processed in the Federal Supreme Court and in the Chamber of Deputies, forming the front line of protection of Indigenous Peoples and Lands, and consequently, of the environment and the environment’s future. To protect indigenous territories and ensure respect for constitutional rights, APIB resists and advances on different scales.
24/Jun/2022
The voices of Brazil’s indigenous peoples echoed through the deepest corners of the country and in social networks on Thursday (23). The mobilizations called by Apib (Articulation of Indigenous Peoples of Brazil) marked the day when the Federal Supreme Court (STF) was supposed to vote on the thesis of the Milestone Thesis or Xokleng Case, a decision that will affect all indigenous territories in Brazil, however, the matter was postponed for the third time. “When we are faced with an authoritarian government, we expect courage from the Supreme Court to safeguard the fundamental rights of indigenous peoples,” demanded Eloy Terena, legal representative of Apib.
Also among the demands were justice for the murders of journalist Dom Philips and indigenist Bruno Pereira, and the exoneration of the president of the National Indigenous Foundation (FUNAI), Delegate Marcelo Xavier, for conducting an anti-indigenous policy at the head of the agency. In all, there were 39 actions, in all regions of Brazil, involving dozens of territories, including political acts and closures of roads, in addition to acts in 40 FUNAI headquarters carried out by the workers on strike. For Eloy, today’s actions “demonstrate categorically how much the indigenous peoples are victims of this genocide policy implemented through an anti-indigenous FUNAI. And how the delay in judging the Milestone Thesis is causing violence against indigenous peoples to increase”.
In São Paulo, hundreds of people showed solidarity with the cause by gathering with the indigenous people in front of the Art Museum of São Paulo (Masp) in the late afternoon. In Brasília, the mobilization took place in the Três Poderes square, in front of the STF, where sacred rituals were performed. Afterwards the documentary “Luta pela Terra”, made by young indigenous people, was released. The work brings together images and feelings in one of the most important moments of the struggle of indigenous peoples against the Milestone Thesis and the judgment of the Extraordinary Appeal 1.017.365, which deals with the demarcation of indigenous lands in the country.
In Brasilia, indigenous people from the Terena, Kaingang, Tuxá, Xokleng, Tupinambá, Karapó, Guarani Nhandeva, Guarani Kaiowá, Takaywrá, Cinta Larga, Karipuna, Tukano, Macuxi, Wapichana, Taurepang, Mura and Marubo peoples participated: with parliamentarians at the National Congress; at the National Human Rights Commission (CNDH); at the National Justice Council (CNJ); at the Supreme Court; at the National Indigenous Foundation (Funai); in addition to the “Seminar on the Constitutional Regime of Indigenous Lands in Brazil,” at the University of Brasília (UnB), which brought together indigenous people, partners, academics and jurists.
Militarized Funai
Under the command of a Bolsonarist delegate, Marcelo Xavier, Funai has completely stopped the land demarcation processes. Recently, during the searches for Bruno and Dom, the role of the foundation was restricted to defaming the indigenous organizations and accusing the indigenists of entering the territory of the Vale do Javari without authorization, which was not true.
In response to this, the foundation’s employees went on strike and joined the demonstrations today. Along with the Funai workers, Dinamam Tuxá, of the Apib coordination, condemned the practices of the institution. “Today FUNAI is under the power of large corporations, people linked to the armed forces who do not have the technical and scientific knowledge to conduct any kind of process related to indigenous policy. And the reflection of this is the criminalization of the indigenous movement, the persecution of the FUNAI staff, of those who have notorious knowledge about the subject, and the violence”.
About the Milestone Thesis
The milestone thesis intends to restrict the demarcation of indigenous lands only to those areas that were under the proven possession of the original peoples on October 5, 1988, date of the promulgation of the Federal Constitution. The thesis of indigenato, on the other hand, recognizes indigenous possession of the land as original, that is, prior to the creation of the Brazilian State itself. For the indigenous movement, it is fundamental that the Milestone Thesis be denied by the STF as soon as possible, because the proposal is an incentive for traffickers, gold miners, loggers and invaders of the territories.
10/Jun/2022
To the Minister of Foreign Affairs
The Articulation of Indigenous Peoples of Brazil (APIB) is aware of the debate on the Law on the Importation of Forest-Risk Products (FERC) and hereby reinforces and calls on the Ministry to recognize the reality of the multidimensional impacts and responsibility of European economic and commercial dynamics on indigenous lands in Brazil. The law under debate is of paramount importance for the Indigenous Peoples of Brazil, as it directly influences the promoters of human rights violations, the demarcation of indigenous lands and the maintenance of the biodiversity that the Peoples of Brazil have been protecting and safeguarding for millennia.
To ensure that the new law has an effective and timely positive impact on climate change, the Indigenous Peoples of Brazil, through APIB, call for attention to the following considerations:
1. Territorial cut-off recognised according to FAO definition:
The current definition of forests within the draft law, according to FAO, disregards much of the Brazilian indigenous reality, since it ignores other biomes beyond the Amazon and the Atlantic Forest. The Indigenous Peoples have been facing genocide and the disappearance of their peoples and lands for more than 500 years throughout the national territory, in such a way that it is necessary to recognise the historic struggle for the maintenance of the forests, and other natural vegetation existing in Brazil.
If the current definition were taken into account, the bill would apply to only 15% of the Pantanal region, one of the biomes most affected by fires in recent years, and completely disregards the Pampas biome in the south of the country, where historical processes of invasion and occupation of indigenous lands are taking place, mainly caused by the advance of soy and cattle breeding. The Cerrado biome, responsible for safeguarding Brazil’s aquifer reserves, would have only ¼ of its area recognised as forest within FAO’s definition, being today one of the regions with significant advance of agribusiness and cattle breeding, besides the expansion of the agricultural frontier in the MATOPIBA region , which already brings impacts for soil and water contamination due to excessive use of pesticides.
2. Impacts and threats of commodity pressure on Indigenous peoples and territories.
Originally protectors and maintainers of biodiversity, today Indigenous Peoples suffer various forms of violence, threats and impacts on their lives, bodies and territories. The specific ways of life of Indigenous Peoples are intrinsically linked to the maintenance of biodiversity, natural resources and the continuity of life.
Indigenous Land is a guarantee of the future for all humanity. The relationship with territory is not one of ownership, exploitation, expropriation or appropriation, but one of respect and management of a common good, which serves all humanity. However, this fundamental portion for the survival of indigenous peoples and for the common good remains under constant threat. The pressure for deforestation in indigenous territories is intense, through invasions, mining, agricultural expansion and other illegal activities that occur within the territories, putting at risk the lives of the peoples who live there.
Violence and violations of constitutional rights are constant. The Peoples that defend and inhabit the forests face not only deforestation, fires and destruction of their biodiversity, but also live with extreme situations of violence, racism and expropriation of their original territories on a daily basis.
In addition to the impacts directly caused by the advancement of commodity production (agribusiness and livestock products), such as soil and river contamination by pesticides sprayed into the air, the invasion of indigenous lands for illegal production, deforestation and sale of illegal timber, Indigenous Peoples face direct attacks on their peoples, communities, families and bodies.
The persecution of leaders, and even their assassination, is an unfortunate reality experienced by the original peoples. Those who stand up for the defence of nature, biodiversity and the maintenance of global life are persecuted, criminalised, imprisoned and assassinated, with the complete omission of the Brazilian State. And unfortunately this persecution and violence extends to supporters of the struggle of indigenous peoples, as in the recent case of the disappearance of the indigenous activist Bruno Pereira and correspondent journalist of The Guardian, Don Philips, who were denouncing the attacks suffered by indigenous peoples in the Vale do Javari region – the second largest indigenous land in Brazil (an area almost the size of Portugal).
The invasion of land, for the illegal production of commodities, leads to direct confrontation with the original communities, exponentially increases situations of gender-based violence and abuse of minors, as well as implanting dynamics of alcohol and drug abuse through the massive arrival of invaders occupied with tree felling, mining, and cattle production.
Although constitutionally recognised since 1988, the demarcation of indigenous lands has still not been concluded in Brazil. Indigenous lands that have not yet been ratified face strong pressure from economic dynamics, which take advantage of the omission of the Brazilian State to advance over areas protected by, and guaranteed for, the indigenous peoples. Currently, this gap makes these lands vulnerable not only to the production of commodities, but also opens the way for the presence of organised crime that operate drug trafficking as well as illegal logging. The presence of criminal factions also increases the pressure on indigenous youth, not infrequently enticing and recruiting young people for organised crime.
3. Brazil’s institutional weakness regarding the protection of indigenous lands.
Relying solely on national legislations and agencies does not provide security for Indigenous Peoples, who are currently witnessing the dismantling of public policies, regulations and protective institutions.
The Bolsonaro government was responsible for the destructuring of the policy of protection and monitoring of indigenous lands, from the extinction of public resources for protection agencies to the persecution and dismissal of professionals historically committed to the indigenous agenda.
Relying on the structure of defence and protection of Indigenous Peoples that exists today in Brazil leaves serious gaps for the effectiveness of European law.
From 2010 to 2020, the area occupied by mining within indigenous lands grew 495%, according to data from Map Biomas. This represents a 41-fold increase in deforestation caused by a practice that is illegal and violent to indigenous peoples and that the Brazilian congress, pressured by President Jair Bolsonaro, intends to legalise via Bill 191/2020.
Besides this bill that intends to open the indigenous areas to devastation of the forest and of lives, there is a whole package of destruction on the agenda of the National Congress that insists on the end of demarcations and the revision of Indigenous Lands (Bill 490/2007), that legalises the illegal occupation of public lands (Bill 510/2021), among others that make the legislative protection structure of indigenous territories and peoples more flexible.
Beyond the legislative threats, there is the president of Brazil himself, who has been fulfilling his role when he stated, while still campaigning in 2018, that he would not demarcate any millimetre of indigenous land. In his government, all demarcations are stalled and are at risk of being extinguished if the Temporal Framework Thesis (Marco Temporal) is judged in Brazil’s Supreme Court. The trial of the Temporal Framework is considered the trial of the century by indigenous peoples, as it defines the future of the demarcation of territories. If the Supreme Court decides in favour of this thesis, the right to territory and their protection may be extinguished. This bill is one of the main attacks by the Legislative Branch on the rights recognised to indigenous peoples in the CF/88. It is considered by APIB as an “attempt at genocide”. The main alteration of bill 490 would end up making the demarcation of indigenous lands unviable through the incorporation into law of the thesis of the temporal landmark, as one of the taxative requirements to be observed for the recognition of traditionally occupied areas. The trial, which began in 2021, was cancelled for its third time this year.
4. Climate emergency
There is no solution to the climate crisis without Indigenous Peoples.
Climate change is more perceived by indigenous peoples because we have an intimate relationship with Mother Nature: all our sustenance comes from her and she gives us all the explanations for the phenomena that affect our lives. We understand her language. Looking at the sky, feeling the temperature, listening to the beat of the earth are things we learn from an early age, through indigenous education, which prepares us to manage the world, brings meaning to life. But everywhere we have gone we have heard personal perceptions regarding the imbalance in the climate.
Even in large urban centres many people are already noticing its effects on their daily lives.
The transformations are beginning to awaken everyone’s instincts. The Articulation of Indigenous Peoples of Brazil (Apib) is reinforcing to the world the centrality of peoples and their territories in confronting the climate crisis. We are watching governments and organisations seeking technological solutions and tools that can help the current crisis, but it is necessary to understand that the main social technology has already been developed by indigenous peoples: traditional territories and indigenous cultures.
These spaces play a fundamental role in balancing climate, thus benefiting all of humanity. But for them to be preserved, the way of life of the indigenous peoples must also be preserved. With their own way of life, indigenous people guarantee this harmony and well-being beyond their lands.
The countries of the European Union, large buyers of commodities from Brazil, can help us protect our lives and our territories. Therefore, we are here in Europe and we demand strong and ambitious guidelines for FERC, such as: (1) ensuring that all biomes are included in the legislation; (2) that the inclusion of respect for the international rights of Indigenous Peoples is maintained, due to the fragility of national legislation and (3) that this law is brought to a vote as soon as possible in the European Parliament, because with each period of delay, the destruction of our lives and territories is accelerated
The approval of FERC, with strong and ambitious guidelines for the protection of our rights and biomes is urgent, so that a message is sent to the Brazilian government and to those who benefit from the attacks on Indigenous Peoples: Europe will no longer connive with violence against Indigenous Peoples. To guarantee their rights is to guarantee the life of humanity.
