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/.
15/Mar/2024
Apib and Rede Cerrado lead action in the Netherlands, France and Belgium so that non-forest areas, such as the biome, are included in European regulation against deforestation
From March 10th to 22nd, a delegation led by the Articulation of Indigenous Peoples of Brazil (Apib, in Portuguese) and Rede Cerrado – a network of cooperatives – will hold a political advocacy action in three European capitals, with the aim of defending the inclusion of non-forest ecosystems (Other Wooded Lands) in the EU Deforestation Regulation (EUDR), which seeks to prevent the import of commodities that are related to deforestation. The Population and Nature Society Institute (ISPN, in Portuguese) and WWF-Brazil also take part in the delegation.
Currently, the EUDR recognises deforestation only as the conversion of forests, which excludes from its scope vast expanses of natural landscapes such as savannas and grasslands. This exclusion represents a contradiction, considering the goals of the regulation, since most of the deforestation associated with the production of commodities in Brazil destined for the European market occurs in non-forest areas, mainly in the Brazilian Cerrado.
Data indicates that more than 80% of deforestation ‘imported’ to the European Union is concentrated in six commodities, notably soy and beef, which are particularly harmful to the Cerrado biome. However, current European legislation only considers products originating mainly from the Amazon and the Atlantic Rainforest to be subjected to inspection, leaving other biomes vulnerable to destruction.
Another relevant point is that without the inclusion of non-forest arboreal ecosystems, the European regulation only protects 26% of the Cerrado and fails to meet the main goal of eliminating deforestation of products imported by the EU. This is because the highest concentration of environmental degradation in commodities imported by Europe is associated with soy produced in the Cerrado, which contributed to a 35% increase in the biome’s deforestation rate registered in the last two years (16,437 km²).
“The Cerrado is the biome most impacted by European consumption, with emphasis on deforestation caused by soy and cattle farming. Therefore, we believe that the European Commission needs to carry out impact studies and review, as soon as possible, the scope of regulation, expanding it to include non-forest ecosystems”, says the general coordinator of Rede Cerrado, Lourdes Nascimento.
APIB and Rede Cerrado have warned of gaps in regulation, which prevent the effective protection of Indigenous Peoples and other Traditional Peoples and Communities in Brazilian biomes. Increased conservation measures in the Amazon have shifted deforestation to the Cerrado, resulting in an alarming 43% increase in the biome’s deforestation rate in 2023, while the Amazon recorded a 50% drop in the same period.
“We consider the regulation to be positive and an advance in the adoption of traceability systems in the commodity supply chain, being an additional mechanism for protecting our biomes and our territorial rights. However, if the regulation is not applied in equal measure to all biomes (Cerrado, Caatinga, Pantanal, Pampas and Coastal Biome), we will have an effect contrary to that expected by the European Union, as the EUDR will contribute to an even greater pressure on deforestation in non-forest biomes, also increasing the violence experienced in indigenous territories that are not located in the Amazon or the Atlantic Rainforest”, explains Dinamam Tuxá, executive coordinator of Apib.
Faced with this urgency, Apib and Rede Cerrado, with the collaboration of ISPN and WWF-Brazil, call on European authorities to consider the serious situation of increased deforestation in the Cerrado and to review the regulation in order to include all Brazilian biomes. Protecting biomes and Traditional and Indigenous Peoples is essential to effectively reduce deforestation and promote sustainable practices.
The inclusion of the Cerrado in European Union regulation is a crucial step towards comprehensively addressing the environmental threats faced by this biome and all others that depend on it. Apib and Rede Cerrado are committed to ensuring that the protection of Brazilian biomes is a priority on the global environmental conservation agenda.
Since 2020, when the European Parliament approved the regulation that bans the entry of commodities produced in deforested areas, the organisations involved in this initiative have argued that the proposed regulation presents loopholes that prevent the effective protection of Indigenous Peoples and other Traditional Communities in the face of pressure from production of commodities in different areas of the country.
Why does the Cerrado matter?
The Cerrado, vital for biodiversity and climate stability, faces increasing deforestation. This biome, recognised for its richness in species and its contribution to Brazil’s water resources, is under threat. The European Union has a crucial role to play in protecting the Cerrado, but its current regulation requires urgent review to include all Brazilian biomes.
The urgency of protecting the Cerrado in European Union regulation
Rampant deforestation in the Cerrado is getting worse: the law against the import of products of forestry risk origin in Europe needs to cover all biomes in Brazil. The European Union regulation against deforestation needs to expand its application beyond the definition of forest to stop the displacement of deforestation and the conversion of native vegetation in Brazil.
We defend the protection of all biomes
Apib and Rede Cerrado have been following the construction of the European Union’s Deforestation Regulation (EUDR) since 2020. Since before its approval, the two institutions have argued that its text presents some loopholes that prevent the effective protection of Indigenous Peoples and Traditional Communities in the face of pressure from commodity production in several areas of the country, which also affects the global climate balance.
Impact of deforestation and the need for immediate action
The increase in preservation and inspection measures in the Amazon has caused agribusiness to move its production to other areas of Brazil, such as the Cerrado. Data from the National Institute for Space Research (INPE) shows an alarming 43% increase in Cerrado deforestation in 2023, while the Amazon recorded a 50% drop in the same period.
The need for comprehensive regulation
The law against the import of forestry risk products, proposed in 2012, and approved in 2023, by the European Parliament, requires urgent review. Currently, the definition of forest excludes vast areas of Brazilian biomes, leaving them unprotected.
It is crucial to protect the Cerrado and the Peoples and Communities who live in it
Indigenous Peoples and Traditional Communities in Brazil suffer from the illegal invasion of their lands, and from the violence and environmental degradation caused by the production of commodities. It is essential that the European Union regulation protects all biomes and the people and communities who live in them, to effectively reduce deforestation and promote sustainable practices.
We want to urge immediate action
Apib and Rede Cerrado call on the European Parliament to consider the catastrophic situation of increased deforestation in the Cerrado biome and to review the regulation to include all biomes and to protect Indigenous Peoples and Traditional Communities in Brazil.
Press Information:
Articulation of Indigenous Peoples of Brazil (Apib)
Karina Melo
APIB International Coordinator
+55 11 95296-9032
[email protected]
Rede Cerrado
Lillian Bento
Communications Advisor at Rede Cerrado
+55 61 99252 1518
[email protected]
ISPN
Letícia Verdi
ISPN Press Officer
+55 61 98628 7879
[email protected]
WWF-Brazil – AViV Comunicação (Press Office)
Rita Silva – [email protected]
Sandra Miyashiro – [email protected]
20/Dec/2023
Photo: Kamikia Kisedje
The indigenous delegation in Dubai made history as the largest ever at a Climate Conference, called for the recognition of indigenous territory demarcation as a climate policy and denounced Brazil’s inclusion in Opec+ group, highlighting the grave risks posed by oil exploration projects
COP28 took place in Dubai with the participation of nearly 200 countries and concluded on December 13, a day behind schedule due to negotiations surrounding commitments to reduce fossil fuels in a Climate Conference held, ironically, in one of the world’s major oil-producing regions.
One of Apib’s most urgent demands during COP28 was for the Brazilian government to integrate the existing policy of demarcating indigenous territories into its Nationally Determined Contributions. These contributions are set to be reviewed during COP30 in 2025, which will take place in the city of Belém.
“We leave [Dubai] with the commitment to increasingly press the Brazilian government to implement mechanisms and measures for the protection and demarcation of indigenous territories,” stated Dinamam Tuxá, Executive Coordinator of Apib, in his assessment of COP28. “There is no solution to the climate crisis without Indigenous Peoples and their territories. We need to have our territories demarcated, and we believe our message has reached those it needed to reach,” added Tuxá, referring to the letter that Apib delivered on December 5 to President Lula during a civil society meeting at COP28. The letter underscores the critical importance of ensuring respect for indigenous rights and preventing the advancement of anti-indigenous policies, such as the Marco Temporal Bill, approved on December 14 by the National Congress under Law 14.701/2023.
In addition to the meeting with President Lula, Apib also engaged with Brazil’s negotiators to present its transversal and specific demandsregarding climate negotiations. Key among these demands were the effective participation of Indigenous Peoples in the negotiation process and decision-making and the integration of the policy for demarcation and protection of indigenous territories into Brazil’s Nationally Determined Contributions (NDCs). With a sense of relative satisfaction in mobilizing the largest delegation of indigenous representatives from Brazil at a COP, consisting of approximately 60 indigenous civil society representatives, the indigenous movement centered the debate on the crucial role of Indigenous Lands in national and international climate mitigation policies.
Indigenous peoples are central players in the fight against climate change. Through their deep connection to ancestral territories, they safeguard 80% of the planet’s biodiversity, as demonstrated by United Nations studies. Over the past 30 years, Brazil has lost 69 million hectares of native vegetation, according to MapBiomas. However, only 1.6% of this deforestation occurred in indigenous lands. Preserving all biomes and implementing effective policies against climate change is impossible without ensuring the full usufruct of indigenous peoples in their territories.
One of the main outcomes of COP28 was the Global Stocktake, an evaluation mechanism regarding the implementation status of the commitments of the Parties under the Paris Agreement. The final text of the Global Stocktake makes seven references to Indigenous Peoples, addressing the Parties’ responsibility to respect their obligations to the rights of Indigenous Peoples; the participation of Indigenous Peoples in sustainable and just solutions for the climate crisis and in the negotiation process; the implementation of integrated and multisectoral solutions based on the knowledge of Indigenous Peoples; the respect for Indigenous knowledge as a means of protecting cultural heritage in relation to the impacts of climate change; and the strengthening of capacity-building mechanisms to promote the engagement of Indigenous Peoples in both negotiations and the development of climate policies and actions
For all of this to be truly fulfilled, Brazil must begin by ensuring access to territories as the foremost non-negotiable right for its indigenous populations, as well as respect the ILO Convention 169, which mandates free, prior, and informed consultation regarding projects that impact indigenous territories. Likewise, agreements related to Article 6 of the Paris Agreement must establish complaint mechanisms that are genuinely accessible to Indigenous Peoples. “The text [of the Global Stocktake Report] reflects a political commitment that now needs to be demonstrated in practice. We are not satisfied with having Indigenous Peoples merely mentioned. This [effective participation] requires the inclusion of indigenous peoples in decision-making spaces, benefiting from direct funding, and influencing government policies,” emphasizes Kleber Karipuna, Executive Coordinator of Apib.
New Oil Projects in Indigenous Lands: A Contradiction in the Fight Against Climate Change
Following difficulties in reaching consensus in the negotiations, the final text of COP28 proposed a reduction in global fossil fuel consumption. However, a significant portion of negotiators and civil society feels a certain degree of failure due to the absence of a more assertive and specific mention of the gradual elimination of the use of oil, gas, and coal, rather than just reduction. COP28 set a record for the accreditation of representatives from the oil sector, with 2,456 registered participants.
One of the major contradictions regarding Brazil’s climate stance was the country’s inclusion in the Opec+ group (an extension of the central Opec group, the Organization of the Petroleum Exporting Countries). This move raises concerns among Indigenous Peoples regarding the fossil fuel exploration in their territories, in addition to the climate impacts of such activities. “We leave [COP28 in Dubai] a bit dismayed, understanding that in this COP, even though Brazil played a leading role in climate negotiations, the country joined the Opec+ group. This goes against what is even being discussed: a just energy transition,” explained Tuxá.
The proposal to eliminate the use of fossil fuels was initially included in the draft text of the COP28 agreement but was removed after pressure from Opec and Opec+ associated countries, who voted to eliminate that commitment. The proposal in the final text contradicts the goal of keeping global warming at 1.5º because, as scientists warn, the only path to achieving this is carbon neutrality by 2050, which involves phasing out the use of fossil fuels entirely.
Brazil contributed to the scenario of contradictions that characterized this edition of the Climate Conference, as in addition to the country’s accession to OPEC+, on the same day as the closure of COP28 (December 13), a fossil fuel project auction took place in Rio de Janeiro. The 4th cycle of the Permanent Offer by the National Agency of Petroleum, Natural Gas, and Biofuels (ANP) offered a total of 602 oil blocks and an area with marginal accumulation, totaling an area of 183,569 km². According to data from the Arayara Institute, 15 of these exploratory blocks impact 156 million hectares (47,000 km²) of indigenous lands.
In the Direct Influence Area (AID) of these projects, a total of 23 Indigenous Lands from 9 ethnic groups are affected: Sateré Mawé, Mundukuru, Mura, isolated communities of Pitinga/Nhamunda-Mapuera, isolated communities of Rio Kaxpakuru/Igarapé Água Fria, Kahyana, Katxuyana, Tunayana, and Xokleng, with an estimated affected population of 21,910 indigenous individuals. These indigenous lands are predominantly located in the Legal Amazon region (63.64% of the blocks) in the Amazon Basin (states of AM and PA), as well as in the State of Santa Catarina.
Of these 23 blocks impacting Indigenous Lands, two belong to isolated indigenous communities. Imagine the structures that will be set up next to indigenous territories, in Protected Areas, in quilombola territories, and in the territories of all traditional communities in Brazil. It’s important for us to come together and make a commitment: on the 13th, I won’t participate in the ‘L’ for auction, oil, and gas in my territory,” declared Kretã Kaingang, Executive Coordinator of Apib, who attended the ANP auction in Rio de Janeiro, making a reference to the “Faz o L” manifestation by supporters of President Lula during his election campaign.
The exploration, drilling, extraction, transportation, and even refining and consumption of fossil fuels cause environmental devastation, violence, and local impoverishment. In all phases, there is deforestation and degradation of ecosystems, contamination of water bodies, acid rain resulting from the burning of associated petroleum gas, unbearable noise, and pollution. These facts extend to the natural networks of water and air circulation, as explained by the Arayara Institute.
“In the first term of Lula’s government in 2000, he ratified ILO Convention 169, which grants us the right to free, prior, and informed consultation. For today’s auction, we were not consulted; no affected traditional population was consulted. During COP28, Lula delivered an emotional speech, shedding tears, and talked about reducing deforestation. However, with all the impacts of these oil projects being discussed with the world’s largest oil companies to establish themselves in indigenous territories, why weren’t we, the indigenous peoples standing at the hotel door where the meeting is taking place, allowed to enter?” questions Kaingang at the door of the Windsor Barra Hotel in the capital of Rio de Janeiro.
Brazil, under Lula, which was once a global reference in climate policies, will need to work hard to clarify its contradictions, question whether it continues to tarnish its international image with its membership in the so-called oil cartel Opec+, and fulfill its commitments and goals, including respecting Indigenous Lands, which are guardians of biomes and a significant portion of biodiversity. The country has two years to define a leadership position before COP30 in 2025, organized by Brazil in the city of Belém, where countries will have the significant responsibility of reviewing their climate targets, the NDCs. However, Apib questions the effectiveness of Brazil’s climate commitments as long as policies for the demarcation and protection of territories are not at the center of this debate.
For more information and interview scheduling, please contact:
E-mail: [email protected]
Communication Coordination – Samela Sateré Mawé: +55 (92) 98285 5077
International Coordination: +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
15/Dec/2023
Photo: Tukumã Pataxó/Apib
Apib will file an action of unconstitutionality in the Supreme Federal Court (STF)
The National Congress overturned President Lula’s vetoes to Bill 2903, the now Law 14.701/2023, this Thursday (December 14). As a result, they turned the ruralist thesis of the Marco Temporal into law and approved other crimes against indigenous peoples.
The Articulation of Indigenous Peoples of Brazil (Apib) emphasizes that ‘Rights are non-negotiable,’ and in response to the outcome of the vote, they will file a Direct Action of Unconstitutionality (ADI) with the Supreme Federal Court (STF) to request the annulment of this law, considered by the coalition as the law of indigenous genocide. The protocol can only be initiated after the promulgation of the law, which will occur within 48 hours, and the action will be proposed jointly with the political parties PT, REDE, PSOL, and PSB.
“This law is unconstitutional and should be examined by the Supreme Federal Court (STF). However, until the Direct Action of Unconstitutionality (ADI) is ruled upon by the Supreme Court justices, our relatives are facing invasions in their territories, assassinations, and environmental devastation. That is why we request the granting of urgent injuction! We cannot wait while communities are dying,” says Dinamam Tuxá, executive coordinator of Apib.
On Thursday afternoon, Apib filed a request for a hearing at the Supreme Federal Court (STF) to address the threats to indigenous rights and the Federal Constitution posed by the new law (14.701/2023). Apib and its seven regional grassroots organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Conselho Terena, Coaib, and Comissão Guarani Yvyrupa) emphasize that the struggle continues, and the indigenous movement remains mobilized both nationally and internationally.
“The future of humanity depends on [indigenous] peoples and the demarcation of Indigenous Lands. The primary conference addressing climate change, COP28, concluded this week, and once again, the National Congress reinforced its commitment to do harm. The Marco Temporal is a proposal created by agribusiness and has already been invalidated by the Supreme Federal Court (STF),” emphasizes Kleber Karipuna, executive coordinator of Apib.
Only a handful of presidential vetoes were upheld, consequently EXCLUDED from the Genocide Law, and they are as follows:
- Threats to isolated indigenous peoples;
- The proposal intending to authorize the use of genetically modified organisms (GMOs) in Indigenous Lands;
- The racist proposal regarding the reclaiming of indigenous lands based on the “alteration of cultural traits”.
In a joint session between Congressional Deputies and Senators on this Thursday, which overturned President Lula’s vetoes, showed a final tally of 321 deputies against and 137 in favor of the vetoes. In the Senate, the vote was 53 to 19 in favor of lifting the vetoes.
Constitutional violations
In addition to Marco Temporal, other unconstitutional aspects of the law are already in effect and violate articles of the Federal Constitution, as well as international treaties on human rights signed by the Brazilian State.
The effective participation of states and municipalities in all stages of the demarcation process and the regulation of cooperation between indigenous and non-indigenous people for the exploration of economic activities are highlighted by Apib as unconstitutional. According to the organization, these aspects of the law may jeopardize demarcations and intensify non-indigenous encroachments on Indigenous Territories.
The new law also states that the exclusive usufruct right cannot override the interest of national defense and sovereignty policy. Indigenous leaders from Apib emphasize that this provision may open the door to violating the exclusive usufruct rights of indigenous peoples under the pretext of ‘national defense interest.’
In the Direct Action of Unconstitutionality (ADI), Apib’s legal department requests Minister Edson Fachin to be appointed as the rapporteur. Minister Fachin was the rapporteur for Extraordinary Appeal (RE) No. 1.017.365, in which the Supreme Federal Court (STF) rejected the Marco Temporal thesis, that is, the possibility of adopting the promulgation date of the Federal Constitution as the benchmark for defining the traditional occupation of the land by indigenous communities.
The constitutional protection of the original rights over the lands traditionally occupied is independent of the existence of a temporal framework on October 5, 1988, or the configuration of persistent dispossession, such as physical conflict or ongoing judicial dispute at the time of the Constitution’s promulgation,” says a passage from the Supreme Court’s decision. The judgment on the Marco Temporal in the STF was concluded on September 27, with 9 votes against and 2 in favor of the legal thesis.
Deforestation and the destruction of biodiversity in indigenous lands pose an international threat to the global climate balance. In the last 30 years, Brazil has lost 69 million hectares of native vegetation. However, only 1.6% of this deforestation was recorded in indigenous lands. Additionally, indigenous territories hold 80% of the planet’s biodiversity, but they are under threat from the expansion of agribusiness and extractive industries, as well as from development and tourism, as highlighted in the 2021 UN State of the World’s Indigenous Peoples report.
Maurício Terena, the coordinator of Apib’s legal department, contends that Law No. 14.701/2023 exhibits constitutional flaws and reflects a form of parliamentary vendetta. He notes that the Senate scheduled the voting for the PL on the same day as the Marco Temporal judgment at the STF. Additionally, Terena underscores that one of the primary roles of the Supreme Court is to safeguard the fundamental rights of minority social groups, and he expresses hope that this mandate will be upheld through the ADI.
We live in a system of checks and balances, and the limit imposed by the Legislative Power is not to approve laws that violate the fundamental clauses established in the Federal Constitution. The rights of indigenous peoples are inherent and were recognized in 1988, and this must be respected,” says Terena.
Bill 2903 and Lula’s Partial Veto
Throughout the year of 2023, Bill 2903 represented one of the most significant threats to the rights of indigenous peoples in Brazil. The proposed legislation prioritizes the interests of large landowners at the expense of indigenous rights and was urgently approved by the Federal Senate on September 27, the same date the Supreme Federal Court (STF) concluded the Marco Temporal judgment.
Contrary to the indigenous movement’s demand for a complete veto of the bill, President Lula announced a partial veto on October 20. Lula removed the Marco Temporal from the proposal, as well as the cultivation of GMOs in Indigenous Lands and the construction of major infrastructure projects, such as hydroelectric plants and highways, without prior, free, and informed consultation. The president’s veto also eliminated the relaxation of policies protecting voluntarily isolated indigenous peoples from the bill.
“The approval of projects that benefit the Executive [branch of the Republic], such as the Tax Reform on November 8, is part of this quid pro quo, and we reaffirm that RIGHTS ARE NON-NEGOTIABLE! These actions only perpetuate the dominance of capital interests, primarily represented by the ruralist and evangelical caucus, among others, which bolster the survival of the far-right that has plagued the lives of the Brazilian people in recent years. The wheeling and dealing of our rights to pass the Tax Reform involved the Federal Government signaling to lawmakers the green light for overturning President Lula’s vetoes to Bill 2903, which aims to turn the Marco Temporal and other crimes against indigenous peoples into law,” states Apib’s statement.
At the time, the vote on the presidential vetoes to Bill 2903 was initially scheduled for November 9 but was postponed several times until the vote took place on December 14. Read Apib’s full statement published on November 10 here.
Apib underscores that the actions of the National Congress result from the direct involvement of Brazilian politicians in the invasion of indigenous lands, as revealed in the dossier ‘The Invaders’ by the journalistic website ‘De olho nos ruralistas.’ According to the study, representatives from the Congress and the Executive branch own approximately 96,000 hectares of land that overlap with indigenous territories.
Additionally, many of them were funded by farmers known to be invaders of Indigenous Territories (TIs), who donated R$ 3.6 million to the electoral campaigns of ruralists. This group of invaders financed 29 political campaigns in 2022, totaling R$ 5,313,843.44. Out of this total, R$ 1,163,385.00 was allocated to the defeated candidate, Jair Bolsonaro (PL).
In the past week, a delegation from the indigenous organizations and leaders representing Apib visited Dubai, United Arab Emirates, for the Conference of the Parties to the United Nations Framework Convention on Climate Change, COP28. This year had the largest participation of all conferences and Apib raised awareness about rights violations and international political agenda.
At COP28, the delegation reinforced the state of Indigenous Emergency and demanded the guarantee of rights and the demarcation of Indigenous Lands. For Apib and its regional grassroots organizations, it is not possible to address the climate crisis without demarcation, and it is crucial to curb the violence funded by agribusiness against indigenous lives.
Learn more about Marco Temporal: https://apiboficial.org/marco-temporal/
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference for the indigenous movement in Brazil, created from the bottom up. It brings together seven regional indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Conselho Terena, Coaib, and Comissão Guarani Yvyrupa) and was established with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and indigenous organizations in the country, as well as mobilizing indigenous peoples and organizations against threats and assaults on indigenous rights.
For more information and to schedule interviews, please contact through the following channels:
E-mail: [email protected]
Communication Coordination:
Samela Sateré Mawé – (92) 98285 5077
Caio Mota: 55 (65) 99686 6289
Ariel Bentes: (92) 99430-3762
29/Nov/2023
Photo: Kamikia Kisedje/ Apib
The government of Brazil has changed, but the Indigenous Peoples, primary guardians of all Brazilian biomes, continue to face threats
The Articulation of Indigenous Peoples of Brazil (Apib) is participating in the Conference of the Parties on Climate (COP28) in Dubai urgently to relaunch the ‘Indigenous Emergency’ campaign. “We need to denounce that our lives are in danger, the demarcation of Indigenous Lands is being questioned, and the global climate future is at risk. The Congress is pushing forward bills and constitutional amendments that seek to legalize the plunder of our lands and nature in general. It is a legislated Indigenous genocide project,” warns Dinamam Tuxá, executive coordinator of Apib. The first campaign took place during the Covid-19 crisis under the Bolsonaro government, which deeply threatened the lives and fundamental rights of Indigenous peoples. The virus may have passed, but the far-right continues to act against the rights of Indigenous Peoples.
Will Lula fulfill his climate and Indigenous people’s political promises?
The current president, Luiz Inácio Lula da Silva, before taking office, was hailed at COP27 as a “savior,” not only for Brazil but for the global climate future, as there were international concerns about the destructive environmental policies of the former president, Jair Bolsonaro. Brazil is the world’s second-largest country, after Russia, in terms of remaining
forested areas and is a global leader in water resources, holding 12% of the world’s freshwater reserves, mostly preserved within demarcated Indigenous Lands, as studies demonstrate.
In acknowledgment of Brazil’s crucial role in the global climate scenario and in support of the ancestral rights of Indigenous Peoples in Brazil, Lula pledged during the Free Land Encampment (Acampamento Terra Livre) in April 2023 in Brasilia to demarcate all Indigenous Lands still in process by the end of his term. “We, Indigenous Peoples of Apib, supported the election of the current President, but on the occasion of this COP, we need to warn that the demarcation of our lands is at risk, and there is no solution to the current climate crisis without Indigenous Peoples,” emphasizes Tuxá.
Although the Bolsonaro-led far-right anti-Indigenous government has left the Brazilian executive power, it still holds sway in the legislative branch, maintaining a significant majority. Threats to Indigenous Peoples persist, promoted and executed by sectors associated with the far-right. Groups financing campaigns of lawmakers aiming to undermine Indigenous rights to favor national and international agribusiness companies continue to pose a threat.
Who has an interest in ending Indigenous rights?
Those who aim to occupy and profit from Indigenous Lands. Agribusiness comprises national and international companies, with a market primarily focused on international sales. It sustains itself on a solid and longstanding structure, with colonialist foundations formed by politicians and landowners. According to the investigative journalism group “De olho nos ruralistas” representatives of the National Congress and the Executive branch overlap approximately 96,000 hectares of land onto Indigenous Lands. Moreover, many of these politicians were funded by farmers who also encroached upon Indigenous Lands and donated R$ 3.6 million to agribusiness campaign contributions. This group of landowners and invaders funded 29 political campaigns in 2022, totaling R$ 5,313,843.44. Out of this total, R$ 1,163,385.00 was allocated to the defeated candidate, Jair Bolsonaro (PL). |
Lula, who established the first Ministry of Indigenous Peoples in Brazil, couldn’t prevent the progression of certain projects that have now become law. The former controversial PL 2,903/2023, now the Law 14,701/2023 that has come into effect in October 20, threatens the exclusive use of Indigenous Peoples in their lands in case of conflicts of interest with national sovereignty defense policies and legalizes cooperation with non-Indigenous individuals for resource exploitation in Indigenous Lands.
The ruralist thesis of the Time Frame (Marco Temporal) and other points of PL 2903, violating the rights of Indigenous Peoples, were vetoed by Lula. However, lawmakers mobilized by the Parliamentary Agriculture Front (Frente Parlamentar de Agropecuária, FPA) are preparing to overturn the President’s vetoes. The vote, initially scheduled for November 23, has been postponed and remains without a defined date so far.
“Without a majority in the Chamber of Deputies and the Senate, the Lula government needs to negotiate to pass structuring proposals for its current administration, such as the recently approved tax reform. But at what cost? The bargaining chip to pass such a reform has been Indigenous rights,” emphasizes Kleber Karipuna, executive coordinator of Apib.
“We reinforce that our rights are non-negotiable: the Time Frame thesis violates the Constitution, as recently determined by the Federal Supreme Court. These bills progress alongside proposals to amend the Constitution to legalize activities that violate Indigenous rights, such as mining in Indigenous lands,” adds Karipuna.
While anti-Indigenous proposals advance, the National Congress aims to internationally portray Brazil as environmentally friendly through the approval in the Chamber of the so-called “green agenda”. It includes pending measures such as the “future fuel” project to reduce greenhouse gas emissions, including a proposal for carbon storage credit regulation, the National Green Diesel Program, and the National Sustainable Aviation Fuel Program, among other measures.
Who will defend the rights of Indigenous peoples in Brazil at COP28?
“While President Lula balances the forces for national governance and outlines his international speech for COP28, likely to be applauded alongside the brilliant speeches of many other leaders and negotiators, we Indigenous Peoples struggle and resist every day. Speeches do not save us from colonialist projects and the voracious advance of agribusiness. We, Indigenous Peoples, fight not to die and to continue living with our rivers and forests alive in all our standing biomes,” emphasizes Karipuna.
For all these reasons, a commission of Apib leaders is currently in Dubai, and together with the seven regional grassroots organizations, they launch the 2nd edition of the Indigenous Emergency campaign with the theme “Rights are non-negotiable. Demarcation Now!” On Friday, December 1, the second day of the Climate Summit 2023, Apib is going to be a part of the press conference “Indigenous Leadership and Launch of the Indigenous Emergency Campaign.” On Tuesday (5), they are going to be present in the panel discussion “Brazil towards COP30: Indigenous and local community protagonism in confronting the climate crisis.”
It is essential that the voices of Indigenous Peoples be heard in this context of climate policy negotiations; for this reason, Dinanam Tuxá, Executive Coordinator of Apib, will participate on Friday (8) in the Ministerial Event – Launch of the FCLP Dialogue Platform – Indigenous peoples and local communities as leaders of action to halt and reverse forest loss, where heads of States, ministers, and decisive negotiators of COP28 will be present. On the same day, the Apib Fund will be launched during the event “Climate Financing Ecosystem for Indigenous Peoples in Brazil: The unique network of funds managed by Indigenous Peoples.”
Check Apib’s full agenda at COP28 in Dubai
Apib denounces the Indigenous emergency situation in Brazil and reaffirms this urgency in a new manifesto in defense of life and the guarantee of the rights of Indigenous Peoples, deeply threatened by the current advance of ruralists and politicians with agribusiness interests. The manifesto will be delivered to Lula during COP28 and sent to public authorities and civil society actors to highlight the violation of rights and the threats faced by Indigenous peoples.
Additionally, Apib has created the Indigenous Emergency Committee, where Indigenous leaders and other representatives, appointed by Apib’s regional grassroots organizations, will report and discuss threats occurring weekly in territories, streets, networks, and the state.
WE DECIDED NOT TO DIE!
Read the manifesto:
[Portuguese]
https://apiboficial.org/2023/11/14/emergencia-indigena-direitos-nao-se-negociam/
[Spanish]
https://apiboficial.org/2023/11/14/emergencia-indigena-los-derechos-no-se-negocian/?lang=es
[English]
https://apiboficial.org/2023/11/14/indigenous-emergency-rights-are-non-negotiable/?lang=en
Follow the Indigenous Emergency website available in three languages:
[Portuguese] https://emergenciaindigena.apiboficial.org
[Spanish] https://emergenciaindigena.apiboficial.org/es/
[English] https://emergenciaindigena.apiboficial.org/en/
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service: +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
26/Oct/2023
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Although the Time Frame thesis was one of the points vetoed by President Lula, the National Congress still has the power to reverse the vetoes.
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Furthermore, the President approved certain measures from PL 2903 that threaten the sovereignty of Indigenous Peoples over their lands and the global climate future.
Contrary to the Indigenous movement’s demand for a complete veto of PL 2.903/2023, President Lula announced his partial veto on October 20th. Therefore, the presidential decision removes the Time Frame from the proposal, as well as the cultivation of genetically modified species in Indigenous Lands; the construction of major infrastructure projects, such as hydroelectric plants and highways, without prior, free, and informed consultation; and the relaxation of policies protecting Indigenous peoples in voluntary isolation. On the other hand, two of the measures in PL approved by the President relax the exclusive use of Indigenous peoples over their territories, which are considered critical by the Apib.
In 2023, Bill 2,903/2023 represented one of the greatest threats to the rights of Indigenous Peoples in Brazil. It was conceived based on anti-Indigenous principles and approved by the National Congress under the influence of the ruralist caucus. For this reason, Apib called for the total veto of the project that prioritizes large landowners’ interests at the expense of Indigenous rights.
Last Friday (20), President Luiz Inácio Lula da Silva announced that he would veto certain aspects of the bill, including the proposal to establish the Temporal Marker, but he approved other threatening provisions for Indigenous Peoples. This includes the loss of exclusive use of their lands due to defense or national sovereignty interests in the land, as well as economic cooperation activities between Indigenous and non-Indigenous people.
These measures went into effect on October 20, under Law 14,701/2023. The remaining vetoed aspects will be reviewed on 9th November by a joint committee of senators and deputies who will decide whether to accept or annul the measures vetoed by Lula.
Which aspects of Bill 2,903/2023 were vetoed by Lula?
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Time Frame: the thesis that Indigenous Peoples need to prove their presence on their ancestral lands on the date of the promulgation of the Federal Constitution on October 5, 1988, to be entitled to recognition and demarcation as Indigenous Land, was overturned. The Time Frame thesis had already been declared unconstitutional by the Supreme Federal Court (STF) on September 27, 2023.
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Compensation for invaders and illegal occupants of recognized Indigenous territories.
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Annulment of the demarcation of an Indigenous Land and expropriation due to the “alteration of cultural characteristics” of the Indigenous community.
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Installation of equipment and communication networks, as well as the construction of infrastructure in Indigenous Lands, such as roads and transportation routes.
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Cultivation of genetically modified organisms in Indigenous Lands.
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Forced contact with Indigenous peoples in voluntary isolation.
Permission to establish military bases, units, military posts, or military interventions in Indigenous Lands.
- Exploitation of resources for energy generation, energy projects in general, and extraction of natural resources without prior, free, and informed consultation of affected communities or the competent federal Indigenous agency.
What are the next steps for the analysis of the vetoes?
Apib emphasizes that the Indigenous movement’s demand was for Lula to fully veto Bill 2,903/2023. In this context, we are alerting about the need for the partial vetoes to be upheld by lawmakers. Senators and deputies will form a mixed committee to review the points vetoed by Lula. The date for such an assessment has not been determined yet, but the ruralist caucus (Frente Parlamentar da Agropecuária) has already issued an official statement claiming to have enough votes to overturn all vetoes in the National Congress.
The struggle, therefore, is not over. Apib warns of the need to continue mobilizing because if these vetoes are annulled by Congress, they will be officially included as part of Law 14,701/2023. This threatens the survival of Indigenous Peoples, violates the guidelines of the UN Human Rights Committee of which Brazil is a signatory, and jeopardizes the global climate future. Only the Supreme Federal Court (STF) could reconsider the constitutionality of the law through a new judicial process.
Which measures were not vetoed and are threatening Indigenous Peoples and the fight against the climate crisis?
PL 2903 has already come into effect as Law 14,701/2023 with the provisions that were not vetoed by President Lula. Among them, there are still various threats to Indigenous Peoples, biodiversity, and the guarantee of climate balance provided by Indigenous Lands. Among the non-vetoed points, two are critical as they open the door to violations of Indigenous rights:
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Article 20 states that exclusive use of Indigenous Land does not override the interest of defense and national sovereignty policy.
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Article 26 deals with cooperation between Indigenous and non-Indigenous people for the exploitation of economic activities, which can increase pressure from third parties to relax the rights of Indigenous Peoples to exclusive enjoyment of their lands.
We assert that Article 20 is dangerous, as it could similarly provide a loophole to mitigate exclusive use, based on the generic concept of “defense policy interest,” justifying military interventions in the territories. It is also relevant to consider that there are already 96,000 hectares of overlapping areas with Indigenous lands illegally, and this supposed cooperation between Indigenous and non-Indigenous people will not be peaceful or free from high costs to the autonomy and preservation of Indigenous ways of life. Furthermore, we reinforce that Indigenous Peoples are protected by Article 231, §6o, of the Constitution, which stipulates that the relevant interest of the Union should be determined by a Complementary Law, not an Ordinary Law, as is the case with Law 14,701/2023.
Questioning the sovereignty of Indigenous Peoples in their territories is one of the factors contributing to the increase in land conflicts in Brazil. The Report on Violence Against Indigenous Peoples in Brazil in 2022 demonstrated that between 2019 and 2022, 795 Indigenous people were recorded as murdered during Jair Bolsonaro’s government, representing a 54% increase compared to the governments of Dilma Rousseff and Michel Temer, with most of these crimes directly related to territorial conflicts. Apib believes that this significant increase in violence is directly related to the speeches promoted by then-President Bolsonaro against Indigenous territorial rights, combined with the complete dismantling of Indigenous policy during this period.
Similarly, deforestation and the destruction of biodiversity in Indigenous Lands represent an international threat to the global climate balance. In the last 30 years, Brazil lost 69 million hectares of native vegetation. However, only 1.6% of this deforestation was recorded in Indigenous Lands. Furthermore, Indigenous territories house 80% of the planet’s biodiversity but are threatened by the advance of agribusiness and extractive industries, development, and tourism, as highlighted in the UN State of the World’s Indigenous Peoples report published in 2021.
Therefore, Apib warns that the impacts of Law 14,701/2023 and the potential overturning of the presidential vetoes on PL 2903 will have consequences not only for Indigenous Peoples but also global repercussions for climate balance. It is impossible to establish consistent national policies and international agreements against climate change without ensuring full enjoyment of Indigenous Peoples in their territories. Hence, our struggle continues.
19/Oct/2023
The UN Committee recommends that the Brazilian state rejects the Time Frame thesis
The enactment of Bill 2,903/2023, which questions the demarcation of Indigenous Lands (TIs) with the Time Frame thesis and seeks to authorize the construction of infrastructure in TIs without prior consultation, among other proposals, makes it impossible to comply with the recently published recommendations of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of the UN. The Committee on Economic, Social, and Cultural Rights (CESCR) recommends that the Brazilian state expedite the demarcation, regularization, and titling of the territories of Indigenous Peoples and reject the application and institutionalization of the Time Frame thesis, among other recommendations. Therefore, if President Luiz Inácio Lula da Silva promulgates this Bill, he will be violating the rights of Indigenous Peoples in Brazil and also failing to fulfill the binding commitments of the Covenant.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR), monitored by the CESCR, of which Brazil has been a signatory since 1992, presented its conclusions on October 13th regarding the country’s third periodic report, submitted by the federal government and supplemented by consultations with civil society organizations and movements. In this context, the Apib submitted a document with various complaints about the violation of Indigenous Peoples’ Human Rights.
Regarding the current situation of Indigenous rights violations in Brazil, the Committee recommended in its report: expediting the demarcation of Indigenous Lands; rejecting the Time Frame thesis; establishing legally binding protocols for the exercise of the right to prior, free, and informed consent on any decision affecting Indigenous populations; adopting measures against deforestation; protecting water resources polluted by activities such as mining; and ensuring non-discrimination based on race or culture against Indigenous Peoples, among other recommendations.
The recommendations from the Committee’s report (CESCR) aim to ensure the respect for human rights by the State Parties and provide guidance for the implementation of the Covenant (ICESCR), to which Brazil is a signatory. Therefore, compliance with the Covenant is binding for Brazil since the country ratified it. Article 1 of the Covenant guarantees the right to self-determination, economic, social, and cultural development, and free access to wealth, natural resources, and means of subsistence for all peoples. Many of the proposals in Bill 2903 clearly violate these conditions.
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International Covenant on Economic, Social and Cultural Rights
PART I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Source: International Covenant on Economic, Social and Cultural Rights
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These recommendations issued by the CESCR regarding the rights of Indigenous Peoples in Brazil align with the recommendations issued by the Human Rights Committee concerning the International Covenant on Civil and Political Rights (CCPR) in September 2023. Brazil also underwent a review by the CCPR this year, and after a report submitted by Apib and other organizations, this Committee also expressed its concerns about rights violations resulting from the potential legalization of the Time Frame thesis. Therefore, the promulgation of Bill 2903 would be a violation of Brazil’s commitments to both Committees, as well as other international treaties to which the country is a signatory.
For more information:
Report from the Committee on Economic, Social and Cultural Rights (CESCR) (October 13)
Report of complaints submitted by Apib for Brazil’s third periodic report to the CESCR (September 20)
Report from the Human Rights Committee regarding the International Covenant on Civil and Political Rights (CCPR) (September 6)
Report of complaints submitted by Apib for Brazil’s third periodic report to the CCPR (June 19)
What are the recommendations from the CESCR report that Lula will violate if he does not fully veto Bill 2903:
1. Environment and Climate Change: The Committee expresses concern about the increase in deforestation caused by agricultural expansion and the exploitation of natural resources, impacting the livelihoods of local and traditional communities and increasing their vulnerability to climate change. Therefore, it recommends that the State take measures to stop deforestation.
– Bill 2903, through the Time Frame thesis, questions the demarcation processes of territories, including those of Indigenous Lands already demarcated, which poses a threat not only to the future of Indigenous Peoples but to all of humanity. In the last 30 years, Brazil has lost 69 million hectares of native vegetation. However,
only 1.6% of this deforestation was recorded in Indigenous Lands. Furthermore, it will be impossible to achieve zero deforestation, as promised by President Lula, and meet climate targets for reducing greenhouse gas emissions (known as NDCs, in English) if Bill 2903 plows through some of the country’s lands where deforestation rates are lower and biodiversity is higher. Preserving our biomes and policies committed to addressing climate change cannot be considered without ensuring full enjoyment of Indigenous Peoples’ territories.
2. Land Rights: The Committee raises concerns about land disputes and the resulting violence caused by territorial conflicts, recommending that the Brazilian state “protect the rights of Indigenous Peoples to ownership, use, development, and control of their lands, territories, and resources with complete security, and avoid intrusion by third-party occupants.” It also recommends that the state compensate Indigenous Peoples for any damage or loss to their territories. Furthermore, the Committee recommends that Brazil expedite the demarcation, regularization, and titling of Indigenous Peoples’ lands and reject the application and institutionalization of the Time Frame doctrine.
– This would be the main violation of the ICESCR if Bill 2903 is promulgated by President Lula because the project, approved urgently in the Senate by the ruralist caucus, aims to legalize the invasion of Indigenous territories in Brazil, disregarding the indigenato theory that recognizes the ancestral and inalienable rights of Indigenous peoples to their territories. The bill seeks to legalize the Time Frame condition for the demarcation of new lands and to review already-demarcated lands, questioning the traditional occupation, original rights, and exclusive use by Indigenous peoples of their territories.
3. Cultural and Survival Rights: According to the Committee, the lack of protection and demarcation of Indigenous Territories (TIs) hinders the exercise of their cultural rights. Therefore, it recommends that the State ensures that traditional populations have the conditions to “preserve, develop, express, and share their identity, history, culture, languages, traditions, and customs, as well as maintain their spiritual connection with their lands, territories, and resources.”
– As mentioned earlier, Bill 2903 questions in various ways the rights of Indigenous Peoples to their lands, which implies denying decent living conditions for Indigenous Peoples in Brazil and putting their cultures and survival at risk. Furthermore, the bill relaxes the policy of no-contact with Indigenous Peoples in voluntary isolation, which could signify the genocide of these peoples. For these reasons, the Indigenous movement has dubbed Bill 2903 as the Indigenous Genocide Bill.
4. Exploitation of Resources, Investments, and the Right to Prior, Free, and Informed Consultation of Indigenous Peoples: The Committee requests that Brazil develop and implement legally binding protocols and take the necessary administrative measures to ensure that prior, free, and informed consultations are conducted systematically and transparently with Indigenous Peoples, Quilombolas, and other traditional communities regarding projects that may affect them, and that independent studies on potential social, environmental, and human rights impacts are conducted.
– The Committee expresses its concern about the lack of compliance with such measures in the country, underscores the fact that Brazil continues to grant licenses for the exploitation of natural resources and large-scale investments without consulting affected communities, and requests that the Brazilian government “keep in mind and fulfill the international obligations and commitments arising from its ratification of the International Labour Organization Convention concerning Indigenous and Tribal Peoples (ILO 169), and its endorsement of the United Nations Declaration on the Rights of Indigenous Peoples and other relevant international standards.”
– The bill proposes the legalization of natural resource exploitation in Indigenous Territories, partnerships for agricultural exploitation, as well as the authorization of the construction of roads, hydroelectric plants, and other developments in Indigenous Territories, without prior, free, and informed consultation.
5. Discrimination Against Indigenous Peoples in Brazil: The Committee points to the “continued absence of comprehensive anti-discrimination legislation” in Brazil, as well as the prevalence of socioeconomic, racial, and gender inequalities, social stigma, and discrimination against disadvantaged and marginalized groups. It recommends that the Brazilian government “take all necessary measures to prevent and combat persistent discrimination against Indigenous Peoples and other traditional communities.”
– The bill introduces racist criteria regarding who is or is not considered indigenous, poses threats to the so-called “acculturation” of Indigenous Peoples, and violates the right to racial self-identification guaranteed by the Constitution.
6. Right to Water and Sanitation: The Committee expresses its concern about access to clean water and its increasing pollution due to agricultural expansion and mining activities. Therefore, it recommends that the State “take measures to protect its water resources, including addressing the negative impacts of economic activities and natural resource exploitation, as well as the effects of climate change, and adopt a legal framework that ensures legal accountability for state and private companies that pollute water resources.”
– The bill proposes the legalization of monocultures, soybean farming, cattle ranching, and the promotion of mining and mining activities in Indigenous Lands, which have the consequence of polluting water resources.
About the International Covenant on Economic, Social, and Cultural Rights (ICESCR) of the UN:
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) was adopted by Resolution No. 2,200-A (XXI) of the United Nations General Assembly in 1966 and ratified by Brazil on January 24, 1992. Its purpose is to give binding force to the commitments established in the Universal Declaration of Human Rights. Accordingly, the status of these rights should be monitored by the periodic submission of reports by States Parties, assessing the degree of their implementation and the difficulties in realizing them. The oversight of the Covenant falls under the purview of the UN Committee on Economic, Social, and Cultural Rights when evaluating these reports. Brazil has been subject to periodic reviews by the ICESCR Committee on previous occasions, the most recent of which occurred in 2009. It is worth noting, however, that Brazil has chosen not to ratify the Optional Protocol to allow victims of violations of economic, social, and cultural rights access to international justice.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service: +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
04/Oct/2023
Photo: @scarlettrphoto
On September 27, the Brazilian Senate approved the bill that seeks to legalize the Time Frame thesis for Indigenous land demarcation, along with other crimes that threaten Brazil’s Indigenous peoples. The bill PL 2903/2023 is currently under review by the Presidency of the Republic: the president Luiz Inácio Lula da Silva has until October 18 to either approve or veto (in full or in part) the bill. Apib demands a complete veto of the bill and urges Lula to commit to respecting the rights of Indigenous Peoples and ensuring the protection of Indigenous Lands, as they represent a safeguard against global climate change.
PL 2903, dubbed by the Indigenous movement as the Indigenous Genocide Bill, aims to legalize social and environmental crimes and poses a threat to the lives of Indigenous Peoples in Brazil. In addition to the Time Frame, the bill includes the relaxation of the no-contact policy with voluntarily isolated Indigenous Peoples and opens the door to commodity production and infrastructure construction in Indigenous Lands, among other violations of Indigenous rights. In line with the Supreme Federal Court’s decision on September 27, declaring the Time Frame unconstitutional, and consistent with the current Brazilian Government’s commitment to respecting Indigenous Peoples’ rights, Apib requests that Lula fully veto all provisions of the Indigenous Genocide Bill.
The Articulation, along with other civil society organizations, has sent an urgent appeal to the United Nations (UN) denouncing the violence suffered by Indigenous Peoples in Brazil, warning about the approval of PL 2903, and requesting support to urge Lula to veto the bill.
Even if the Time Frame thesis has been annulled and deemed unconstitutional by the Supreme Federal Court, the ruralist caucus in the Senate accelerated the vote and approved the Indigenous Genocide Bill. Bolsonaro has left the presidency, but Bolsonarism and Indigenous genocide continue, with a majority in Congress.
It is impossible to combat climate change without demarcating Indigenous Lands
Elected as an alternative to the anti-Indigenous conservatism of former President Jair Bolsonaro and under the promise to completely eradicate deforestation in the Amazon by 2030, President Lula now has the opportunity to reaffirm his commitment to protecting the rights of Indigenous Peoples and addressing the climate crisis. PL 2903 represents a threat to the global climate and biodiversity, both of which are partly ensured through environmental protection within Indigenous Lands.
Apib warns that, in addition to the Time Frame, PL 2903 seeks to legalize crimes against Indigenous Peoples in favor of political and economic interests supported by the ruralist caucus in the Senate. Apib points out seven other proposals in the Indigenous Genocide Bill that must be vetoed by Lula, as they represent crimes against Indigenous Peoples and a threat to all of humanity:
1. Establish racist criteria for who is or isn’t Indigenous;
2. Allow the construction of roads, hydroelectric dams, and other projects in Indigenous Lands without prior, free, and informed consultation;
3. Permit monocultures, soybean cultivation, livestock farming, promotion of mining, and resource extraction in Indigenous Lands;
4. Open the possibility of challenging the demarcation processes of territories, including those of already-demarcated Indigenous Lands;
5. Recognize the legitimacy of land possession by invaders of Indigenous Lands;
6. Relax the no-contact policy with voluntarily isolated Indigenous Peoples;
7. Modify constitutional concepts of Indigenous policy, such as the traditional occupancy, original rights, and exclusive enjoyment of Indigenous Peoples over their territories.
Eradicating deforestation and meeting the Nationally Determined Contributions (NDCs) for reducing greenhouse gas emissions will become, both, unattainable commitments if PL 2903 is approved and allows the destruction of some of the country’s lands with the lowest deforestation rates and the highest biodiversity. In the past 30 years, Brazil has lost 69 million hectares of native vegetation. However, only 1.6% of this deforestation has occurred within Indigenous Lands. Preserving all of Brazil’s biomes and implementing consistent climate policies are only possible by ensuring the full access of Indigenous Peoples to their territories.
In December, Brazil will assume the presidency of the G20 under the theme of justice and sustainability. However, the global economic future will be tainted by blood if the violence suffered by Indigenous Peoples as a result of the growth of devastating criminal activities is not halted. During the opening conference of the United Nations General Assembly, Lula reaffirmed his commitment to implementing the 17 Sustainable Development Goals in an integrated and indivisible manner, stating that “in Brazil, we have already proven once, and we will prove again, that a socially just and environmentally sustainable model is possible.” Nevertheless, social justice is unattainable without guaranteeing the lives of traditional populations, and an environmentally sustainable model cannot exist without standing forests. Therefore, the fight against climate change is only possible with respect for and demarcation of Indigenous Lands.
Protests Against the Time Frame thesis
The Indigenous movement has carried out approximately 300 protests against the Time Frame thesis so far in 2023. These protests took place between May and September and were organized and coordinated by Apib and its seven regional grassroots organizations.
Lula, Veto everything! Support the Indigenous movement and say no to the Indigenous Genocide Bill. Join the #VetaTudoLulaPL2903 campaign. Tag President Lula on social media, organize actions in communities, cities, and networks. Support the Indigenous movement and urge President Lula to uphold his commitment to respecting the rights of Indigenous Peoples and fighting against climate change.
The Time Frame is a political thesis supported by agribusiness and disregards the decision of the Supreme Court
After a two-year process, on September 27, Brazil’s Supreme Court annulled the Time Frame proposal with a majority vote of 9 to 2 and added the condition of compensation for those who own property in an area recognized as Indigenous Land for demarcation. However, under an expedited process, on the same day, the Senate voted on PL 2903, which was ultimately approved with 43 votes in favor and 21 against.
Apib emphasizes that the Senate’s actions challenge the Supreme Court to serve the interests of agribusiness and Brazilian politicians who have direct ties to the invasion of Indigenous lands, as demonstrated by the dossier “The Invaders” by the journalistic group De olho nos ruralistas. According to the study, representatives of the National Congress and the Executive branch own approximately 96,000 hectares of land that overlap with Indigenous lands. Furthermore, many of them received funding from invading farmers in Indigenous Lands, who donated 3.6 million reais to the electoral campaigns of ruralists. This group of invaders supported 29 political campaigns in 2022, totaling 5,313,843.44 reais. Out of this total, 1,163,385.00 reais were allocated to the defeated candidate, Jair Bolsonaro (PL).
Additionally, after the annulment of the Time Frame by the Supreme Court, Senator Dr. Hiran (PP-RR) introduced a Constitutional Amendment Proposal (PEC) on September 21 aimed at establishing the Time Frame thesis. Named PEC 048/2023, the amendment seeks to modify the 1988 Federal Constitution, which recognizes the original rights of Indigenous peoples over traditionally occupied lands.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
28/Sep/2023
Photo: Tukumã Pataxó/Apib
After two years of trial, Brazil’s Supreme Federal Court (STF) concluded its decision on the unconstitutionality of the Time Frame thesis on the 27th and reaffirmed the original right of Indigenous Peoples to the exclusive use of their ancestral territories. However, on the same day, the Federal Senate urgently approved Bill 2,903/2023, which aims to turn the Time Frame thesis into law and legalize various other violations of indigenous rights.
“The Senate seeks to perpetuate the indigenous genocide. This bill legalizes crimes that threaten indigenous lives and intensify the climate crisis. The bill is unconstitutional, and the STF has already annulled the Time Frame thesis, but the project contains many other setbacks to indigenous rights beyond this frame. We continue to fight and ask President Lula to veto this bill and fulfill his commitment to Indigenous Peoples,” emphasized Kleber Karipuna, Executive Coordinator of the Articulation of Indigenous Peoples of Brazil (Apib). The speed with which the bill’s process was expedited in the Senate is due to pressure from the ruralist caucus and large business groups that would be the sole beneficiaries of the Time Frame thesis’s approval.
The vote in the Senate resulted in 43 in favor and 21 against PL 2903. Among those who supported the legalization of genocide were Senators Marcos Rogério (DEM-RO), who invaded 98 hectares of indigenous land in the Jamari Valley in Rondônia; Jaime Bagattoli, who encroached on over 2,000 hectares of the Rio Omerê Indigenous Land; and Senator Tereza Cristina, former Minister of Agriculture in Bolsonaro’s anti-indigenous government.
After the Senate approved PL 2903, it is now up to the Presidency of the Federal Government to review and issue an opinion. President Lula has 15 business days from the publication of the project to decide on its approval or veto. Apib demands that President Lula veto the clearly unconstitutional PL and maintain his commitment to respecting the rights of Indigenous Peoples, as publicly expressed during his participation in the Terra Livre Camp (ATL) in 2022 and 2023.
The Supreme Court concludes that the Time Frame thesis is unconstitutional but approves new compensation conditions for the demarcation of Indigenous Lands
Last Thursday (09/21), with a result of 9 votes in favor and 2 against the Time Frame thesis, the STF achieved an important victory in the fight for the rights of Indigenous Peoples. However, some proposals presented by certain ministers opened a debate on the negotiation of indigenous rights. The proposal to relax the exploitation of resources in Indigenous Lands, allowing natural and mineral exploration, was excluded from the trial, while the thesis of prior compensation was left for the second negotiation yesterday when the 11 ministers met again to define the details of the final decision against the Time Frame thesis.
Despite the majority expressing support for the unconstitutionality of the thesis, the STF recognized criteria for prior compensation to occupants of Indigenous Lands. With this decision, invaders can receive prior compensation from the State for the value of the invaded land and potential assets that may have been worked on and built on it. Given Brazil’s history of land grabbing, this compensation proposal opens the door to increased land corruption and rewards invaders of indigenous territories.
Who benefits from the Time Frame thesis? The ruralist caucus in the Senate secures the majority to approve the Time Frame bill
On the same day, at the same time that the conclusion of the Supreme Court’s final vote on the unconstitutionality of the Time Frame thesis was announced, the Senate turned a deaf ear and advanced the violation of indigenous rights by approving PL 2903, which Apib has called the “Genocide Bill” due to various unconstitutionality and rights violations contained in the project.
The Genocide Bill proposes:
- Conditioning the right to their ancestral territories only for peoples who were on them on October 5, 1988, the date of the Constitution’s promulgation (Time Frame thesis).
- Authorizing the construction of roads, dams, and other works in Indigenous Lands without prior, free, and informed consultation.
- Allowing soybean cultivation, cattle breeding, promotion of mining, and mineral extraction in Indigenous Lands.
- Allowing anyone to question the processes of territory demarcation, including those that have already been demarcated.
- Recognizing the legitimacy of land possession by invaders of Indigenous Lands.
- Establishing racist criteria for determining who is or is not indigenous.
- Relaxing the policy of no contact with indigenous peoples in voluntary isolation.
- Reformulating constitutional concepts of indigenous policy, such as the traditionality of occupation, original rights, and the exclusive use of territories by Indigenous Peoples.
Among the threats, Apib highlights illegal occupation in some Indigenous Lands. Based on the cross-referencing of land data from the National Institute for Colonization and Agrarian Reform (Incra), the reports “The Invaders” conducted by De Olho nos Ruralistas show 1,692 overlapping farms in indigenous lands, representing 1.18 million hectares, and of that total, 95.5% are in territories pending demarcation. Brazilian politicians, representatives in the National Congress and the executive branch, own 96,000 hectares of properties that overlap illegally with Indigenous Lands. Furthermore, many of them were funded by farmer invaders of Indigenous Lands, who donated 3.6 million reais to the ruralists’ electoral campaign. This group of invaders funded 29 political campaigns in 2022, totaling 5,313,843.44 reais. Of this total, 1,163,385.00 reais were directed to the defeated candidate, Jair Bolsonaro (PL). It’s a lot of land for a few farmers.
About Apib
The Articulation of Indigenous Peoples of Brazil (Apib) is a national reference body of the indigenous movement in Brazil, created from the bottom up. It brings together seven regional Indigenous organizations (Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission) and was born with the purpose of strengthening the unity of our peoples, fostering coordination among different regions and Indigenous organizations in the country, as well as mobilizing Indigenous peoples and organizations against threats and violations of Indigenous rights.
For more information and to schedule interviews, you can contact the Apib press service:
[email protected]
Communication management – Samela Sateré Mawé – +55 (92) 98285 5077
International communication service – +55 (65) 99686 6289 / +55 (21) 96665 5518 / +55 (92) 99430-3762
