Indigenous People of Brazil Join Forces to Defend Their Rights in Supreme Federal Court

Author: Sina Heckenberger

Environment and Human Rights Researcher

Global Human Rights Defence 

Starting on August 23rd, “Apib”, the Articulation of Indigenous Peoples in Brazil, mobilizes a week-long protest under the banner of “Luta Pela Vida” (Struggle for Life) in Brazil’s capital, Brasília. In a series of plenary sessions, political audiences, marches and demonstrations, natives have joined forces to defend their rights in a decisive Supreme Federal Court case on Indigenous land demarcation this Wednesday. 

The “Marco Temporal” ruling, considered by Apib the “most important process of the century for indigenous lives'', puts thousands of Indigenous people at risk of losing their right to land, the most fundamental right of Indigenous peoples. The trial was initiated by the agribusiness-lobby, which advocates for the interest of miners and loggers in the Amazon. The lobbyists are making use of a legal argument called the “Time Limit Trick” in order to restructure land demarcation. The “Time Limit Trick” argues that indigenous people only have claims to land they have occupied on the taking effect of the constitution in 1988 (and not after). However, due to the military dictatorship prior to 1988, many Indigneous peoples could only return to their ancestral land after the regime change. In addition, under the general repercussions principle, established by the Brazilian Supreme Federal Court in 2019, this Wednesday’s judgement will serve as a reference for all following cases involving Indigenous lands. 

Under Bolsonaro’s openly anti-indigenous political agenda, Indigenous peoples are increasingly facing repression. However, in the fight against environmental degradation, protecting, preserving and promoting Indigenous communities and their traditional knowledge is integral, says UNEP. Since Bolsonaro’s inauguration in 2019, the destruction of the rainforest has surged dramatically. According to a study by INRAE (2021), deforestation increased to 3.9 million hectares in 2019, compared to 1 million in the previous 2 years. Therefore, not only Indigenous people’s rights but also the protection of the Amazon are at stake in the “Marco Temporal” case. As activist Sonia Guajajara aptly puts it: “We are fighting for the lives of indigenous peoples, for the Mother Earth and for the future of humanity”. 

Further reading and support:

https://apiboficial.org/luta-pela-vida/?lang=en

Bibliography:

Alvarez, M. (2021, August, 19). Indigenous led alliance moves to stop Bolsonaro’s ‘ecocidal’ destruction of the rainforest. https://therealnews.com/indigenous-led-alliance-moves-to-stop-bolsonaros-ecocidal-destruction-of-the-amazon

United Nations Environment Programme (2021). How Indigenous Knowledge Can Help Prevent  Environmental Crises https://www.unep.org/news-and-stories/story/how-indigenous-knowledge-can-help-prevent-environmental-crises

French National Institute for Agriculture, Food and Environment. (2021, April, 30). Impacts of Environmental Degradation in the Amazon.: Brazilian Forest Losing Carbon Over the Decade https://www.inrae.fr/en/news/impacts-environmental-degradation-amazon-brazilian-forest-losing-carbon-over-past-decade