The change in government at the federal level was not enough to stop the violence and disrespect for indigenous rights. This is the conclusion reached by the Indigenous Missionary Council (Cimi), an organization linked to the National Conference of Bishops of Brazil (CNBB), which launched its annual report on Monday afternoon (22). Violence Against Indigenous Peoples of Brazil – 2023 data.
“The council launches this report with deep regret,” says the president of Cimi and archbishop of Manaus (AM), Leonardo Steiner, in the presentation of the document.
“Every year, after organizing and analyzing the data and information sent to us by missionary teams, as well as those obtained from public bodies and the press, we see that descriptions of events and scenes of violence are repeated and have a profound impact on us.”
According to the council, the first year of the current federal administration (2023) was marked by the resumption of inspection actions and greater repression of invasions in some territories, such as that of the Yanomami, in the North of the country, but the demarcation of new areas of the Union destined for the exclusive use of indigenous people and also the actions of protection and assistance to the communities remained insufficient.
“The year 2023 began with great expectations regarding the indigenous policy of President Luiz Inácio Lula da Silva’s third term. Not only because the new administration succeeded an openly anti-indigenous government [a gestão do ex-presidente Jair Bolsonaro]but also because the topic has taken on a central role in the speeches and announcements made by the new president since the election campaign”, highlights the council.
The report cites the creation of the unprecedented Ministry of Indigenous Peoples (MPI), the appointment of representatives of different ethnic groups to important positions, such as the MPI itself, the National Foundation for Indigenous Peoples (Funai) and the Secretariat of Indigenous Health (Sesai), and the declaration of a National Health Emergency in the Yanomami Indigenous Land, with the subsequent operation to remove – or disintrude – non-indigenous people, especially miners, from the reserve.
After six years of paralysis in the demarcation processes, the federal government approved eight new indigenous lands last year. According to Funai, the Union also allocated more than R$200 million for territorial protection and demarcation actions. And around R$5.3 million was earmarked for the payment of compensation for improvements to bona fide occupants removed from indigenous lands.
Time frame
In the report, Cimi recognizes that, in 2023, there was an improvement in the implementation of indigenous policy compared to previous years, but it was still insufficient.
“After years of neglect and active omission by previous governments in the face of the illegal presence of miners in the Yanomami Indigenous Land, the declaration of a National Health Emergency and the beginning of a major eviction operation in the territory pointed in the direction of an effective change in relation to indigenous policy. However, political reality soon took hold. The National Congress acted to weaken the MPI and attack indigenous rights, especially through the approval of the Law 14.701/2023”, the council highlighted.
Approved in September last yearLaw No. 14,701 establishes the so-called temporal framework. According to the thesis, indigenous people only have the right to the original territories that they occupied or already claimed until October 5, 1988, the date of the promulgation of the Federal Constitution.
The Supreme Federal Court (STF) had pointed out the unconstitutionality of the thesis just a week before federal deputies and senators approved the law. What motivated the President Luiz Inácio Lula da Silva to veto this point of law, in October.
In December, the Congress overturned Lula’s vetomaintaining the time frame. The arm wrestling between the Executive and Legislative branches was taken to court by sectors in favor and against the law. In April, Minister Gilmar Mendes, of the STF, ordered the initiation of proceedings conciliation, suspending the judgment of any action that deals with the subject.
The commission created to try to establish an agreement between the parties is expected to begin operating on August 5th.
For Cimi, disputes over indigenous rights, fought within the three branches of government (Executive, Judiciary and Legislative), are reflected in a “scenario of continued violence and violations against indigenous peoples and their territories”.
“Of the total of 1,381 indigenous lands and territorial demands existing in Brazil, the majority (62%) still have administrative issues pending for their regularization […] There are 850 indigenous lands with pending issues. Of these, 563 have not yet received any action from the State for their demarcation,” the council points out.
The report highlights that the “advances” in the constitution or restructuring, by Funai, of the technical groups responsible for identifying and delimiting indigenous territories indicate “the agency’s willingness to move forward with the first stage in regularizing demands that have been held back for years.”
Forwardings
According to Funai, in 2023, processes related to 25 indigenous lands were forwarded in order to allow the publication of the so-called declaratory ordinances, a state declaration on the limits of the area already identified and delimited by anthropologists as traditional indigenous territory. In addition, 37 technical groups were formed to verify the situation of other claimed areas.
“[Contudo] the lack of definition regarding the time frame makes it impossible to predict whether the established deadlines will be met, as the government hesitates and uses Law 14,701/2023 as justification for not moving forward with the demarcation procedures”, adds the council.
The document reinforces that the homologation of eight indigenous lands over the past year fell “below expectations”, even though the result is better than that of the previous four years, when no new territories were homologated.
Government
When consulted, the Ministries of Indigenous Peoples and Health reported that they had not had prior access to the report released this afternoon and that they would comment after analyzing the document.
In a statement, the Ministry of Justice and Public Security reported that the National Public Security Force has been operating on indigenous lands, on demand, to assist other bodies in maintaining public order and guaranteeing the security and integrity of property and people.
According to the department, in the first half of this year alone, agents from the federal troops participated in operations in 21 indigenous areas in nine federative units, including actions to combat illegal mining, remove non-indigenous people, protect natural resources, patrol the streets and carry out environmental inspections.
In addition to the operations, the National Force is also working on the removal of intruders from the Yanomami, Karipuna, Arariboia, Kayapó, Munduruku, Uru-Eu-Wau-Wau and Trincheira Bacajá lands, the latter of which has already been completed and is currently in the phase of monitoring the region and preparing a sustainability plan for the territory.
The Ministry’s note also informs that the evictions are taking place within the scope of the Claim of Non-Compliance with Fundamental Precept (ADPF) 709, issued by the Federal Supreme Court (STF) in November 2023. The Supreme Court approved the operational plans for the removal of invaders from the seven territories, highlighting the need for similar plans adapted to the reality of each community.
“In addition, the Secretariat for Access to Justice (Saju) maintains constant dialogue with indigenous communities and organizations such as the Indigenous Missionary Council (CIMI), receiving and articulating the demands of the populations within the MJSP and with other Federal Government bodies in order to guarantee the realization of the rights of indigenous peoples”, concluded the department.
