05/26/2021

Protests against new demarcation law

An affront against the indigenous peoples of Brazil (Press Release)

Today, the Constitutional and Justice Commission of the Brazilian Chamber of Deputies will decide on a draft law that will change the demarcation procedure for indigenous territories – to the disadvantage of the indigenous peoples. According to the Society for Threatened Peoples, the Association of the Indigenous Peoples of Brazil (APIB) has announced protests. "If this law is passed, the situation of the indigenous peoples of Brazil will become even more dramatic," fears Juliana Miyazaki, STP expert on indigenous peoples. "There will be more land grab and conflicts, and large-scale farmers will clear even more rainforest areas. This will facilitate forced contact with peoples living in voluntary isolation, which is a serious threat to these communities."

Further, according to Miyazaki, PL 490/2007 is to be seen as unconstitutional – as it is not in line with ILO Convention 169, which Brazil ratified in 2002. The proposed legislation could facilitate the construction of roads as well as new large-scale agriculture and mining projects without the necessity to consult the affected communities. The new law would deprive the indigenous communities of their land rights, although the land has been in their possession for decades. According to Kretã Kaingang, executive coordinator of the APIB, the proposed legislation would be "…an affront against the indigenous peoples of Brazil – and we all know what dangers and risks this might bring."

"After coming into force, the law would make it just about impossible to secure new land rights. Demarcations could the only be granted on the basis of specific laws, which would exacerbate the already tedious process," Miyazaki added. "Further, there would be even more objection options in all phases of the complex process." Another problematic aspect with regard to the law's constitutionality is that that it would be based on the so-called 'Marco Temporal', meaning that indigenous communities could only claim land rights if they were in possession of the land on October 5, 1988 – the day on which the constitution was proclaimed. "This would completely ignore the history of displacement, forced relocations, and acts of violence against the people," Miyazaki criticized.