Long-awaited ruling on indigenous lands in Brazil comes at a price
Brazil/Heidelberg, 31/03/09 -The Brazilian Supreme Court ruled almost unanimously on March 19, on a long-waited judgment to demarcate lands in Raposa-Serra do Sol nature reserve in favor of indigenous groups. These groups occupied the lands long before the arrival of European colonizers in Brazil. The Supreme Court also ordered that non-indigenous people, mostly rice farmers, who currently occupy the land, should leave immediately.
The Indigenous Missionary Council (CIMI) congratulated all indigenous people in Brazil on this landmark victory in the ongoing process of the consolidation of indigenous territorial rights. The Council recognizes that the ruling was the result of the tireless struggle of the indigenous people in Raposa-Serra do Sol and their allies, who have been fighting for their territorial rights for more than 30 years. FIAN International, the international human rights organization for the right to food, launched a letter writing campaign in 2004 on behalf of the indigenous communities of Raposa-Serra do Sol who were attacked by farmers and cattle ranchers living in the indigenous territory, and has supported this struggle ever since. Fearing they would lose the right to profit from the land, the non-indigenous large farmers lashed out in violence, leaving many indigenous people homeless and without food.
Critics of the ruling say that the demarcated reserve is too large an area for the approximately 19,000 Indians who will have the sole right to live and work on the land. Some members of the mining and timber sectors with interests in the area in contention say the ruling is an obstacle to Brazil’s economic progress and growth.
On the other hand, not all indigenous groups are overjoyed about the historic decision. Their dissatisfaction comes from the supplementary conditions the Supreme Court placed on the decision. For example, the indigenous people will not be allowed to override interests of the Brazilian national defense policy in the regions. The installation of any military bases, military operations and strategic exploits to secure alternative energy resources deemed necessary by the Ministry of Defense or the National Defense Council will be implemented without any consultation of the indigenous communities involved. These and other serious impositions prompted CIMI to launch a communiqué warning about risks that might result from these conditions, even citing the possibility for further violent conflict.
Brazil signed Convention 169 of the International Labor Organization, which states that governments must consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever a legislative or administrative measure may affect them directly. Some of the constraints of this Supreme Court decision appear to violate the Convention and the Constitution.
In the end, only time will tell if this historic advance in indigenous rights will finally lead to peace, or just more violence in the region.