08/25/2021

Supreme Court of Brazil

Groundbreaking decision concerning indigenous land rights (Press Release)

For the indigenous peoples of Brazil, it is essential to fight for their land. Today, the Supreme Court is expected to issue an important decision on this matter – with regard to the so-called "Marco Temporal", according to which indigenous peoples can only claim a territory if they are able to prove that they had already been living there before the Brazilian constitution came into force. "Originally, this criterion was not supposed to be a mandatory prerequisite, but as a reference point to simplify a demarcation process. If it is turned into a mandatory prerequisite, this might affect the demarcation of many territories," stated Juliana Miyazaki, expert on indigenous communities at the Society for Threatened Peoples (STP). "Today, we will see whether the criterion will play a crucial role in the future – in connection with an action for eviction against the Xokleng people. If the criterion is interpreted as a permanent mandatory prerequisite, this will affect the demarcation of around 250 territories." These territories cover a total area of 11 million hectares, and they are a home to around 200,000 indigenous people. "If these territories are not demarcated as indigenous territories, the people living there will probably be evicted from their traditional settlement areas, which are an integral part of their culture. Such an eviction would destroy the culture of these peoples," Miyazaki emphasized.

The regional government of Santa Catarina had filed an action for eviction against the Xokleng people, concerning the indigenous territory of Ibirama-La Klãnõ, where the people of the Guarani und Kaingang live as well. In 2019, the Supreme Court had given the case the status of "general precedence", meaning that the decision will serve as a guideline for all future demarcation procedures. There are around 30 similar cases pending, and the outcome will depend on the decision regarding the Marco Temporal. The protests currently taking place in Brasilia clearly show how important the ruling is for the indigenous communities of Brazil. "These are the largest indigenous protests since the constitution came into force in 1988," Miyazaki stated. More than 6,000 people from 173 countries have been protesting against the Marco Temporal since Monday. The decision of the Supreme Court is expected to be announced at 3 pm local time (7 pm MESZ).

At the same time, the protests are directed against several draft laws with which the Bolsonaro government aims to facilitate the economic exploitation of protected areas such as the Amazonas rainforest. Apart from the regulations for new demarcations, this also affects the land grab law and regulations regarding hydropower plants and mining. "Also, a time window will soon open in which Brazil can withdraw from ILO Convention 169. The ILO convention is the only binding international treaty focusing on the protection of indigenous peoples," Miyazaki added. "Bolsonaro will surely try to use this opportunity. Thus, the indigenous movement has more battles coming up."