The Indigenous World 2024: Brazil

Written on 22 March 2024. Posted in Brazil

According to data from the 2022 demographic census, Brazil is home to 266 Indigenous Peoples with a population of 1,693,535 people, or approximately 0.83% of the total Brazilian population. These peoples communicate in 275 different languages. The northern region of Brazil holds almost 45% of the Indigenous population and Amazonas state represents the epicentre, with 490,000 Indigenous individuals.

The rights of Indigenous Peoples are set out in a specific chapter of the 1988 Charter (Title VIII, ”Social Order”, Chapter VIII, “On the Indians"”, in addition to other provisions scattered throughout the constitutional text and an article in the transitional provisions.

Brazil ratified ILO Convention 169 on 25 July 2002.

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

2023 marked a significant change in Brazil's sociopolitical history, especially with regard to Indigenous issues, with the inauguration of President Luiz Inácio Lula da Silva. This historic moment ushered in an era of important change, establishing a new paradigm in the relationship between the Brazilian State and its Indigenous Peoples and in the management of environmental issues. The new administration distanced itself from previous policies, implementing initiatives to strengthen Indigenous representation in different spheres of government and to promote a more inclusive and sustainable approach to environmental conservation.

This period is in stark contrast to the previous government of Jair Bolsonaro, whose administration has left a controversial mark on the country's Indigenous and environmental policy. During his tenure, a worrying trend towards weakening both the country’s environmental protection bodies and the rights of Indigenous Peoples was observed, with disastrous consequences. The effects of these policies manifested themselves in alarming ways, with a significant increase in Amazonian deforestation and the rampant incursion of garimpeiros (illegal miners) and mining companies onto Indigenous territories, exacerbating the vulnerability of these communities.

In addition, this period was marked by increased violence against Indigenous and environmental rights activists and defenders, tragically exemplified by the cases of Bruno Pereira, a former official of the Fundación Nacional de los Pueblos Indígenas [National Indigenous Peoples Foundation / FUNAI], and Dom Phillips, a British journalist, both murdered while working in the Javari Valley. These shocking events shed light on the risks faced by those opposing illegal interests in the region and highlighted the urgent need to improve the protection of Indigenous Peoples and the environment.

With the inauguration of the current president, however, 2023 set an unprecedented milestone in Brazilian Indigenous politics, ushering in an era of unparalleled protagonism and self-representation for the country's Indigenous Peoples. This progress has materialized in the creation of the Ministry of Indigenous Peoples, an historic achievement that not only reflects a significant change in government structure but also symbolizes a deep commitment to inclusion, representativeness and the defence of Indigenous Peoples’ rights at the highest level of the Brazilian public administration.

Under the direction of Sonia Guajajara, an internationally-renowned Indigenous activist, the Ministry of Indigenous Peoples has been set up with a mission to formulate and implement government policies that address the specific needs of Indigenous communities, guaranteeing their protection, and respect for their autonomy and the value of their cultures and traditions. The choice of Guajajara to lead this ministry was more than simply symbolic; it was also strategic, bringing into the heart of power an authentic and experienced voice capable of articulating Indigenous demands effectively and sensitively.

The appointment of Joênia Wapichana as President of the National Indigenous Peoples Foundation complements and strengthens this new direction in Brazil's Indigenous policy. Wapichana, the first Indigenous woman to become a lawyer in Brazil and also the first to hold a position of such significance in FUNAI, represents a paradigm shift and confirmation of a new period of inclusive governance, one that values the direct participation of Indigenous Peoples in management and decisions affecting their lives and territories.

These flagship initiatives of Luiz Inácio Lula da Silva's government signal a commitment to changing the course of history, reorienting public policies to ensure that Indigenous communities are not only heard but also play a central role in the formulation and implementation of policies affecting them. The creation of the Ministry of Indigenous Peoples and the appointment of Indigenous leaders to positions of power are not merely administrative acts; they represent the culmination of a new model of governance that recognizes the importance of incorporating Indigenous knowledge and perspectives into national policies, promoting social justice that is truly inclusive and respectful of diversities.

Several measures gave concrete expression to this new direction in 2023:

• After a five-year hiatus, the government demarcated six Indigenous territories in several states, representing an area of 612,863.3 hectares, or 6,128 km².

This relates to the following territories:

• Arara do Rio Amônia (Acre) with an area of 20,534 hectares, for the Arara people.
• Kariri-Xocó (Alagoas) with 4,684 hectares, for the Kariri-Xocó people.
• Rio dos Índios (Rio Grande do Sul) with 711.7 hectares, for the Kaingang people.
• Tremembé da Barra do Mundaú (Ceará) with 3,511 hectares, for the Tremembé people.
• Uneiuxi (Amazon) with 551,983 hectares, for the Maku Nadëb people.
• Avá-Canoeiro (Goias) with 31,427 hectares, for the Avá-Canoeiro people.

Brazil currently has 732 Indigenous areas demarcated, together covering 117,377,533 hectares, or 13.8% of the country's total area.^[1]

• President Lula signed decrees establishing the Management Committee for the National Policy for Territorial and Environmental Management of Indigenous Lands and re-creating the National Council for Indigenous Policy. Both had been discontinued by the previous government.
• Commitment to zero deforestation by 2030. The demarcation of Indigenous lands is about more than protecting the rights and traditions of Indigenous Peoples; it also plays a crucial role in environmental conservation efforts in Brazil. President Lula has emphasized the goal of achieving zero deforestation by 2030, highlighting the importance of Indigenous lands in this effort.^[2]
• Territorial rights and legislative conflicts. The territorial rights of Indigenous Peoples in Brazil are a topic of great complexity and controversy and, in 2023, these issues were especially evidenced by the intense debate surrounding the so-called “timeframe” for the demarcation of Indigenous lands.^[3] This debate involved both the Judiciary, represented by the Federal Supreme Court (STF), and the National Congress. The timeframe is a legal thesis that proposes that Indigenous Peoples should only be entitled to the lands they were occupying or disputing on the date of enactment of the 1988 Federal Constitution. This thesis significantly limits Indigenous territorial rights as it ignores the expropriations and forced displacements that many peoples have suffered throughout history. When judging cases related to the demarcation of Indigenous lands, the STF has rejected the timeframe thesis, considering it unconstitutional. This decision was a fundamental step in the struggle for Indigenous rights, as it recognized that the historical occupation and territorial rights of Indigenous Peoples cannot be limited to an arbitrary date. In contrast to the STF's position, however, in 2023 National Congress approved the timeframe thesis, even after a presidential veto.^[4] This legislative action generated intense controversy and was seen as a setback for Indigenous rights. The approval of the timeframe thesis by Congress represents a significant threat to the territorial rights of Indigenous Peoples as it could lead to a reduction in their lands and the legalization of illegal occupations on historically Indigenous lands. This legislative and judicial dispute reflects the tensions between different visions of Indigenous rights in Brazil. On the one hand, there is a recognition of the importance of protecting and respecting the historical and cultural rights of Indigenous Peoples while, on the other, there are economic and political interests at play that are seeking to restrict these rights in order to enable greater exploitation of natural resources and agricultural expansion.
• Land rights play a crucial role in the security and well-being of Indigenous Peoples. In the case of the Mato Grosso do Sul region, home to approximately 85,000 Indigenous people from eight different ethnic groups, the issue of territorial rights has taken on even greater relevance. The situation of the Guarani-Kaiowá and Ñandeva populations illustrates the challenges being faced by these communities and the conflicts that can arise. Disputes over territory is one of the main drivers of this conflict. The Guarani-Kaiowá are reclaiming their ancestral lands which, throughout history, have been occupied by farmers, agribusiness and other economic interests. The lack of official demarcation of these lands is a critical factor, contributing to territorial insecurity and fuelling conflicts. According to updated data from 2022, only around 13% of the lands claimed by the Guarani-Kaiowá have actually been demarcated, leaving most of their land claims pending regularization. Land invasions by agribusiness, landowners and luxury condominiums are also an important element of this conflict. These invasions result in the expulsion of Indigenous communities from their traditional lands and often lead to violent confrontations. In 2023, at least three Guarani-Kaiowá communities were subjected to extrajudicial evictions after recovering their territories. ^[5]
• Armed militias composed of landowners and rural unions are playing a significant role in the escalation of violence. These militias often carry out attacks against Guarani-Kaiowá communities, resulting in physical violence and deaths. The impunity of these groups only perpetuates the insecurity and conflict in Indigenous areas.
• Environmental and social challenges. Indigenous territories, especially in the Amazon and the Cerrado, face significant challenges due to deforestation, mining and illegal mining. Communities such as the Yanomami and Munduruku are suffering serious impacts due to these illegal activities, threatening both the environmental integrity and the health and safety of Indigenous Peoples.^[6]

Deforestation

According to the Instituto Nacional de Pesquisas Espaciales [National Institute for Spatial Research / INPE], the estimated area of the Amazon deforested in 2023 was 9,001 km², representing a 22.37% reduction compared to the 2022 deforestation rate of 11,594 km². In addition, there was a 42.5% decrease in deforestation alerts in the Amazon between January and July 2023 compared to the same period in the previous year. In July, the reduction was even more pronounced, reaching 66% compared to July 2022.^[7]

In the Cerrado region, the situation was different, as there was a 26% increase in the area under deforestation alerts in July 2023, and a 21.7% increase in the first seven months of 2023 compared to the same period in the previous year.^[8]

Mining and illegal mining

The Yanomami Indigenous Land is home to a population of 31,007 Indigenous people distributed across some 384 villages. The territory suffers from deforestation and illegal mining (garimpo), as well as mercury contamination, which affects rivers, soil, animals and, consequently, Indigenous food products. This situation has deteriorated in recent years due to the increase in illegal mining activities. According to the Consejo Indigenista Misionario [Indigenist Missionary Council / CIMI], it is estimated that more than 20,000 illegal miners are operating on the Yanomami Indigenous Land alone, causing not only environmental degradation but also direct conflict with the Indigenous Peoples. Illegal mining increased sharply during the Bolsonaro administration, with a 59.5% growth in average annual deforestation compared to the previous four years and 75.5% compared to the previous decade.^[9]

The Amazonia Joint Operational Command and the Armed Forces carried out actions to combat illegal mining in 2023, destroying aircraft and camps, and confiscating tons of cassiterite and equipment. Activities included river barriers and land and air mobilizations, resulting in significant seizures and fines.^[10]

Health and safety impacts

Poisoning by mercury and other toxic substances has led to increased numbers of cases of congenital malformations and neurological diseases among the Indigenous communities affected by this illegal mining.

The use of mercury in illegal mining has caused serious health problems. A study published in the Revista de la Sociedad Brasilera de Medicina Tropical [Journal of the Brazilian Tropical Medicine Society]^[11] indicates that more than 90% of Yanomami tested presented with elevated levels of mercury in their bodies, well above the limits recommended by the World Health Organization. Mercury exposure can cause serious health problems, including nervous system damage, kidney problems and, in extreme cases, death. In addition to these aggravating factors, illegal mining is also associated with direct conflicts with Indigenous Peoples and malnutrition.

The federal government took various emergency measures to combat malnutrition and malaria in the region in 2023. More than 21,000 medical care services were provided and 307 children diagnosed with malnutrition were supported. The emergency operation also included the mobilization of some 960 professionals and the reopening of health units in the territory.^[12]

In conclusion, 2023 represented a crucial period for Indigenous Peoples in Brazil, marked by significant advances in terms of representation and government policies. However, persistent challenges, especially in relation to land rights and environmental issues, demonstrate that the road to justice and equality remains a complex and challenging one for the country’s Indigenous Peoples.

Maria de Lourdes Beldi de Alcântara is a professor of medical anthropology at the Faculty of Medicine of the University of Sao Paulo. She is also the coordinator of AJI/GAPK Indigenous Youth Action.

This article is part of the 38^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous man harvesting quinoa in Sunimarka, Peru. This photo was taken by Pablo Lasansky, and is the cover of The Indigenous World 2024 where this article is featured. Find The Indigenous World 2024 in full here

Notes and references

^[1] DW. “Após 5 anos, Brasil volta a demarcar terras indígenas.” 29 April 2023. https://www.dw.com/pt-br/após-5-anos-brasil-volta-a-demarcar-terras-ind%C3%ADgenas/a-65472568

^[2] Presidency of the Republic. “Brasil destaca compromiso con la Meta 30 x 30 y defiende protección de los bosques.” 10 December 2023. https://www.gov.br/planalto/es/ultimas-noticias/2023/12/brasil-destaca-compromiso-con-la-meta-30-x-30-y-defiende-proteccion-de-los-bosques

^[3] Idem.

^[4] Chamber of Deputies. "O que é marco temporal e quais são os argumentos favoráveis e contrários

Source: Agência Câmara de Notícias." 29 May 2023. https://www.camara.leg.br/noticias/966618-o-que-e-marco-temporal-e-quais-os-argumentos-favoraveis-e-contrarios/

^[5] Mapa de Conflitos. "O garimpo ilegal e o genocídio yanomami." May 2023. https://mapadeconflitos.ensp.fiocruz.br/conflito/rr-invasao-de-posseiros-e-garimpeiros-em-terra-yanomami/

^[6] Peixoto, Roberto. "Terras indígenas com povos isolados são as mais ameaçadas da Amazônia, aponta estudo do Ipam." Globo, 1 November 2023. https://g1.globo.com/meio-ambiente/noticia/2023/01/11/terras-indigenas-com-povos-isolados-sao-as-mais-ameacadas-da-amazonia-aponta-estudo-do-ipam.ghtml

^[7] https://www.gov.br/inpe/pt-br

^[8] Idem.

^[9] Mapa de Conflitos. "O garimpo ilegal e o genocídio yanomami." May 2023. https://mapadeconflitos.ensp.fiocruz.br/conflito/rr-invasao-de-posseiros-e-garimpeiros-em-terra-yanomami/

^[10] Gov. Agency. "Governo Federal inutiliza aeronave utilizada pelo garimpo ilegal na Terra Indígena Yanomami." 23 January 2024. https://agenciagov.ebc.com.br/noticias/202401/fab-intensifica-acoes-na-regiao-amazonica-com-operacao-catrimani-forca-aerea-brasileira

^[11] Sergio Arouca National School of Public Health. “Elevados níveis de contaminação por mercúrio preocupam comunidade indígena Yanomami.” 8 April 2016. https://informe.ensp.fiocruz.br/noticias/39388

^[12] Ministry of Health. "Elimina Malária Brasil Plano Nacional de Eliminação da Malária." 2022. https://www.gov.br/saude/pt-br/centrais-de-conteudo/publicacoes/svsa/malaria/politicas-de-saude/elimina-malaria-brasil-plano-nacional-de-eliminacao-da-malaria

Tags: Land rights, Human rights, Biodiversity, Indigenous Peoples Human Rights Defenders