Brazil creates an indigenous task force to advance land rights in the country

Indigenous land titling in Brazil has fallen behind as president Lula had promised to complete 14 processes in his first 100 days of government, but had only titled 10 in over a year in power. 

April, 2024.- President Luiz Inácio Lula da Silva met with a delegation of 40 indigenous leaders from across Brazil last Thursday (25) afternoon at the Palácio do Planalto. The gathering, which took place during the 20th edition of the Free Land Camp (Acampamento Terra Livre ATL)- the largest indigenous mobilisation in the country- concluded with the creation of a Task Force to advance land titling. 

The meeting followed a massive march where eight thousands of Indigenous Peoples and Civil Society Movements filled the city’s central area with echoing chants and energetic calls for the government to advance land titling and stop large projects that pose threats to their territories.  The rally ended at the Praça dos Três Poderes, where groups of indigenous organisations continued on with their protest as the meeting took place.

The Articulation of Indigenous Peoples of Brazil (APIB) had been denouncing the government’s failed promise to title 14 indigenous lands in the first 100 days of Lula’s government. In over a year they had titled 10 of those lands, whilst many others awaited. Moreover, they raised alarms as Congress debated passing a law that could severely limit their rights to land, the Time Frame Law (Marco Temporal).

“In our understanding, there is no legal impediment to land titling. What there is is a political impediment, which we hope will be resolved with this task force, which is a demand from the indigenous movement, so that we can actually unblock land demarcations. Not only of the four lands, not only of the 25 lands with declaratory ordinances [already signed], but so that, once and for all, we can overcome administrative and political issues for demarcating indigenous lands in the country,” said Dinamam Tuxá, a Executive Coordinator to APIB.

Responding to the primary demands of APIB, the government announced the establishment of a governmental task force aimed at unlocking pending land titling processes awaiting presidential approval. Priority will be given to four key areas–including the Xukuru e Morro dos Cavalos- each mired in disputes awaiting resolution.

The task force, chaired by Minister Guajajara, will collaborate with key governmental bodies, including the Office of the Presidency, the Ministry of Justice and Public Security, the Ministry of Agrarian Development and Family Farming, the Attorney General’s Office (AGU), and the National Foundation of Indigenous Peoples (Funai).

Indigenous movement mobilised against a bill that severely hinders their rights and projects harding their territories

During the 20th edition of the Free Land Camp (Acampamento Terra Livre), Indigenous Peoples took over Brasilia’s streets with over 8,000 thousand peoples from over 200 distinct indigenous ethnic groups. In their chants, they argued against the Time Frame Thesis (Marco Temporal) and large projects like the Ferrogrão which threaten their rights and territories. 

The “Time Frame thesis” is a legal concept asserting that Indigenous peoples are entitled to claim only the lands they inhabited exactly on October 5, 1988, the date of Brazil’s Constitution promulgation. The proposition does not acknowledge the centuries old history of Indigenous Peoples of the country and does not account for the forced displacement they suffered during Brazil’s dictatorship in the 20th century. As a response, the indigenous movement united under the “Our time frame is ancestral” argument.

Indigenous leaders walked through Brasilia next to a large truck that was wrapped to simulate a “train of death”, signalling their opposition to the Ferrogão railing project. The new train route would cut through sacred indigenous lands in the Amazon to facilitate soy exports. Monoculture of soy is one of the leading causes of deforestation and land grabbing, and the train would only aggravate the circumstances.

The Free Land Camp Celebrates 20 Years in 2024 with the Theme “Our existence is ancestral. We’ve always been here”

The Free Land Camp Celebrates 20 Years in 2024 with the Theme “Our existence is ancestral. We’ve always been here”

Photos: Sheyden/ @1sheyden

The largest indigenous mobilization in Brazil will take place from April 22nd to 26th in Brasília (DF).

The theme “Our existence is ancestral. We’ve always been here” marks the 20th edition of the Free Land Camp (Acampamento Terra Livre – ATL), which will be held from April 22nd to 26th at the National Arts Foundation (Funarte) in Brasília (DF). ATL 2024 takes place after the overturning of the Time Frame in the Supreme Federal Court (STF) and the approval of law no. 14,701/2023, which legalized the thesis and various crimes against indigenous peoples last year.

“We continue mobilized and in the fight. ATL is the largest indigenous mobilization in Brazil and the expectation is that ATL 2024 will be the most participatory in history, both in terms of the number of people and the representation of peoples. It’s time for us to come together in assemblies and discuss the next steps,” says Kleber Karipuna, executive coordinator of Apib.

The Free Land Camp is organized by the Articulation of Indigenous Peoples of Brazil (Apib) and its seven regional grassroots organizations: Apoinme, ArpinSudeste, ArpinSul, Aty Guasu, Terena Council, Coaib, and Guarani Yvyrupa Commission.

Indigenous Emergency

The confrontation against the Time Frame thesis is one of the central themes of ATL, as violence against indigenous peoples has intensified. According to data collected by the Protect Collective, in the first month after the approval of Law No. 14,701, six indigenous leaders were assassinated in the country. This data covers the period from December 14, 2023 – the date the law came into effect – to January 21, 2024. During the same period, 13 conflicts were also mapped in territories located in seven states.

One of the assassinations was that of the pajé Nega Pataxó, from the Hã-Hã-Hãe people, during a criminal action by the Military Police of the State of Bahia with the “Zero Invasion” group. The local leader was killed during the retaking of the Caramuru-Paraguaçu territory, in the municipality of Potiraguá.

Apib asserts that Law No. 14,701 represents an action of genocide of indigenous peoples, as the constant violence in the territories is a result of the legalization of the time frame, approved in 2023 by the ruralist caucus of the National Congress, which has promoted various attacks against the rights of indigenous peoples. According to the Articulation, the halt in the demarcation of indigenous lands also exacerbates this scenario of violence.

In 2022, the final report of the Indigenous Peoples Working Group of the Transition Office, of which Apib was a part and coordinated, presented to the Lula Government 14 indigenous lands that were ready to have their demarcations ratified in the first 100 days of the government. However, throughout 2023, only 8 ancestral territories were demarcated by President Lula.

“In terms of demarcation, monitoring, and territorial protection, much remains to be done in the current government,” says Dinamam Tuxá, executive coordinator of Apib.

Mental health

Another theme that will gain prominence in the program is about suicide among indigenous peoples. A study conducted by researchers from the Harvard Medical School (USA) and Cidacs/Fiocruz Bahia (Center for Data Integration and Knowledge for Health of the Oswaldo Cruz Foundation) pointed out that the indigenous population leads the rates of suicide and self-harm in Brazil, but has fewer hospitalizations. According to the study, this reveals the precariousness of medical care and mental health support for indigenous families. The research was conducted with data from 2011 to 2022 and published in the journal The Lancet.

As a result, leaders express concern about the mental health of indigenous peoples, especially those facing invasions in their territories and fighting for their rights.

“It’s suffocating to see this. For over 500 years, we have fought for our lives and territories, but violence against us was legalized last year with the approval of the genocide law. That’s why the temporal framework is the main theme and debate of ATL 2024. Brazil is Indigenous Land and the camp will further highlight this,” says Tuxá.

Event program

The Terra Livre Camp program was developed in collaboration with Apib’s grassroots organizations and can be found in here. The ATL program includes the nationwide pre-ATL activities as part of the “Indigenous April” and “Red April” mobilization.

Additionally, this year the visual identity of ATL was produced with the support of indigenous artist Denilson Baniwa. He, who is also responsible for the conceptualization of the logo of the Articulation of Indigenous Peoples of Brazil, provided Apib with a collection of paintings that were used in the creation of visual elements.

Among the paintings, the highlight in the visual identity is the artwork “Cobra do Tempo” (Time Snake), which now features the colors of urucum red, jenipapo black, and raw cotton, marking the 20 years of the Terra Livre Camp and highlighting the history and path of Brazil’s indigenous peoples.

In 2023, around six thousand indigenous people from approximately 180 tribes participated in the 19th edition of the ATL. “Indigenous Future begins now. Without demarcation, there is no democracy!” was the motto of the last mobilization, which marked the resumption of Indigenous Land demarcations after six years of policy paralysis.

COP28: Apib Urges Land Demarcation as Primary Climate Commitment and Exposes the Perils of Oil Exploration in Indigenous Territories

COP28: Apib Urges Land Demarcation as Primary Climate Commitment and Exposes the Perils of Oil Exploration in Indigenous Territories

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

 

Apib launches the Indigenous Emergency campaign at COP28 and makes an international call for the importance of Indigenous Lands in the global climate future

Apib launches the Indigenous Emergency campaign at COP28 and makes an international call for the importance of Indigenous Lands in the global climate future

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 EventLaunch 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










Indigenous Emergency: Rights are non-negotiable

Indigenous Emergency: Rights are non-negotiable

We, the Articulation of Indigenous Peoples of Brazil (Apib), launched the Indigenous Emergency campaign in 2020 to address the devastating context of humanitarian, health, and political crisis during the Covid-19 pandemic.

We decided not to die!

The pandemic and the anti-indigenous government of Jair Bolsonaro forced us to promote an intense mobilization to confront yet another genocide against our peoples.

Despite several advances in our struggles, threats to our rights, dignity, and the protection of our cultures and territories have intensified.

In 2023, we are relaunching ‘Indigenous Emergency’ because it was never ‘just a virus’!

We are forced to face, in our daily lives, the violence of racism that is deeply rooted in society and in the structures of the State.

Stop killing us!

Invasions, murders, threats, criminalization of leaders, violations of our rights…

Harrowing contexts that have been an integral part of colonization and the military dictatorship that have never ceased to exist for Indigenous peoples.

We must bravely address the violence and homicides inflicted upon women and Indigenous LGBTQIAP+ individuals.

The genocidal project against our peoples, the theft of our ancestral territories, and the exploitation of our natural resources persist with renewed strength, jeopardizing our lives, the reproduction of our cultures, and the very survival of life on the planet.

Rights are non-negotiable!

The ruralist invention of the Time Frame Thesis, regarding the demarcation of Indigenous Lands, has triggered a series of threats at all levels of power.

Legislative proposals such as the PL 2903 and PEC 48 regarding the Time Frame, the PL 191 for mining, PEC 59, and attempts to establish the Parliamentary Commission of Inquiry (CPI) on Demarcations are concrete examples of a state-sanctioned and legislated genocide.

The anti-Indigenous agenda of the National Congress is dominated by lawmakers advocating for the interests of owners of large tracts of land and invaders of our Territories.

We emphasize the Parliamentary Caucus of Agriculture and Mining as spaces created to legitimize our genocide.

The institutional tension brought about by the Time Frame proposition demonstrated a quid pro quo dynamic among the powers of the republic. Indigenous rights became a political bargaining chip.

Since 2016, the Democratic State of Rights has been under constant attack.

First, the political, judicial, and media sanctioned coup against President Dilma, followed by the Temer government, and the rise and electoral defeat of Bolsonarism.

Presently, the traditional right and Bolsonaro allies are actively working within Congress to consolidate influence, challenging the Executive and Judicial branches, prioritizing unconstitutional laws that serve their own economic interests.

The Indigenous movement has achieved historic advances, and we need to emphasize this. Apib brought the indigenous village to the political arena. The ‘Indigenous Campaign’ was central for the strengthening of Indigenous candidacies.

The Cocar Caucus led by Célia Xakriabá strengthens the political frontlines that need to be addressed in the National Congress.

We recognize the creation of the Ministry of Indigenous Peoples (MPI) and the appointment of Indigenous leaders to key positions within the Executive Branch as noteworthy achievements.

Sonia Guajajara as the Minister of MPI, Joênia Wapichana as the president of the National Foundation for Indigenous Peoples (FUNAI), and Weibe Tapeba as the Secretary of Indigenous Health.

The election of President Lula was a collective achievement. However, the electoral context compelled a broad ideological alliance, encompassing conservative and anti-Indigenous economic and political sectors.

Furthermore, the National Congress continues to be dominated by lawmakers backend by national and international corporations and stakeholders in agribusiness, aiming to undermine Indigenous rights.

The Cattle, Bible, and Bullet Caucuses represent a real threat to our lives!

Most State and Local Governments continue to be conservative and anti-Indigenous.

Brazilian politicians, serving in the National Congress and the executive branch, collectively possess 96,000 hectares of land encroaching upon Indigenous Territories.

They are funded by farmers who invade Indigenous Lands, who donated R$3.6 million to the election campaign of ruralists.

It’s a vast amount of land for few farmers.

Environmental degradation, land invasion, and the trampling of people’s rights may worsen with the proposed resurgence of major investments in infrastructure projects, embedded in the so-called PAC III.

Engagement in climate issues and the promotion of Indigenous rights have been on the rise in society.

Simultaneously, assaults and aggressions against Indigenous communities are escalating across all three branches of the Brazilian Republic.

The Lula administration stands at a crossroads, grappling with the task of curbing the enduring social influence of fascist forces despite their electoral defeat.

Lula needs to ensure commitments to the environment and the social movements that elected him while generating employment through economic growth.

For this, the government is banking on large projects, infrastructure developments, and investments, but it makes a mistake by including Indigenous lands in its policies for expanding capital development.

This is not the path to escape the crises that bind us.

The pressure from financial interests triggers a cruel escalation of territorial conflicts and violence, as well as racism, criminalization, and murders.

The problem lies in the configuration of the Brazilian state, which acts as the management committee for the retrogressive interests of the ruralist agenda.

Therefore, we reiterate that our emergency was never just about the Covid-19 virus.

The genocidal project against Indigenous Peoples and the theft of our ancestral territories persists with strength, jeopardizing our lives, the reproduction of our cultures, and the very survival of life on the planet.

We are resuming the ‘Indigenous Emergency’ campaign to structure the response to attacks on the lives of Indigenous Peoples.

We must persist in exposing the power dynamics that daily infringe upon our rights.

We continue to devote all our efforts to inform, strengthen, and mobilize the foundations of the movement for a sustained Indigenous mobilization in defense of our lives, cultures, territories, and rights.

Our response is through democracy, education, organization, and the collective fight for power to the people, united in the defense of the lives of all, in defense of life on Earth.

Our future depends on the demarcation, homologation, protection, and legal security of full and permanent possession of our lands!

We demand the implementation of differentiated public policies, such as education and health. Respect for the Law 11,645, which mandates the teaching of Indigenous and Afro-Brazilian history in the education system.

We need to defeat the ruralist’s political-economic power and reclaim our place in the spaces that shape the direction of our country. There will be no Brazil without Indigenous Peoples.

Tell the people to move forward!

The stuggle continues: Lula’s partial veto does not represent a victory

The stuggle continues: Lula’s partial veto does not represent a victory

  • 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.

  • 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?

  • 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.

  • Compensation for invaders and illegal occupants of recognized Indigenous territories.

  • Annulment of the demarcation of an Indigenous Land and expropriation due to the “alteration of cultural characteristics” of the Indigenous community.

  • Installation of equipment and communication networks, as well as the construction of infrastructure in Indigenous Lands, such as roads and transportation routes.

  • Cultivation of genetically modified organisms in Indigenous Lands.

  • 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:

  • Article 20 states that exclusive use of Indigenous Land does not override the interest of defense and national sovereignty policy.

  • 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.

Brazil may violate its commitments with the UN Human Rights Committee if Lula doesn’t veto the entire Bill 2903

Brazil may violate its commitments with the UN Human Rights Committee if Lula doesn’t veto the entire Bill 2903

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.

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

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

 

Lula, VETO IT ALL! Apib demands that President Lula align with his environmentalist discourse and veto the entire bill that threatens Indigenous Lands

Lula, VETO IT ALL! Apib demands that President Lula align with his environmentalist discourse and veto the entire bill that threatens Indigenous Lands

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

On the same day that the Supreme Court concluded the Time Frame trial, the Senate approved Bill 2903, considered a genocidal threat to indigenous peoples in Brazil

On the same day that the Supreme Court concluded the Time Frame trial, the Senate approved Bill 2903, considered a genocidal threat to indigenous peoples in Brazil

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

Senate votes on Bill 2903 on the same day that the Supreme Court resumes its trial on the Time Frame thesis for compensation and exploitation of Indigenous Lands

Senate votes on Bill 2903 on the same day that the Supreme Court resumes its trial on the Time Frame thesis for compensation and exploitation of Indigenous Lands

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]