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