A/HRC/33/42/Add.1
82.
The Special Rapporteur also received information regarding an escalation in
violence against indigenous peoples and their leaders following her visit. This included
reports of increasing violence and discrimination in the states of Santa Catarina and Rio
Grande do Sul against the Kaingang, Guaranis and Xokleng peoples.
83.
In an alarming incident on 14 June 2016, violent attacks by a group of armed men,
reportedly organized by fazendeiros (farm or plantation owners), resulted in the death of
one Guarani Kaiowá and the injury of several others in Caarapó city, Mato Grosso do Sul.
According to information received, the attack occurred in the context of the demarcation of
Dourados-Amambaipegua indigenous lands. This land demarcation had been recently
initiated following studies by FUNAI, and the community had occupied a parcel of the
land.
84.
The Special Rapporteur received information on arrests of indigenous leaders in the
state of Bahia and has communicated with the Government expressing her concerns. Fears
have been expressed that the April 2016 provisional decision of the President of the
Supreme Court to suspend the demarcation of the Tupinambá de Olivença indigenous land
in Bahia may result in further violence against indigenous peoples. She continues to
monitor the situation in both Mato Grosso do Sul and Bahia.
85.
Indigenous peoples’ representatives provided information on the elimination by the
interim Government of the Ministry of Women, Racial Equality, Youth and Human Rights
and the establishment of the human rights secretariat under the Ministry of Justice. They
expressed concern about the potential indigenous rights implications of this action and
other retrogressive measures purportedly being considered in relation to recent demarcation
processes of indigenous lands.
86.
The Special Rapporteur shares the concerns and fears of indigenous peoples about
regression in legal and institutional protections. In this regard, she stresses the fundamental
importance of ensuring that changes to government structures resulting from the current
political context must not result in setbacks in the protection and promotion of human
rights.
87.
The Special Rapporteur considers the disbandment of the Ministry of Women,
Racial Equality, Youth and Human Rights as a significant regression in Brazil’s
commitment to protect human rights. She is concerned that this could have a particularly
profound impact on indigenous peoples, who are amongst the most in need of protection. In
this regard, she is also concerned about the status, functioning and future of the National
Council on Human Rights and the recently established National Council on Indigenous
Policies.
88.
The Special Rapporteur is particularly concerned about reports that the interim
Government is considering reversing the ratifications and declarations of indigenous lands
implemented by the previous Government, following her visit, including measures to
expropriate Condá indigenous land in Santa Catarina. The National Council on Human
Rights committed to provide her with additional information on visits to southern Brazil
immediately following her visit.
89.
Prior to this, the previous Government had taken a number of measures that were in
accordance with the Special Rapporteur’s preliminary recommendations.17 These included
the presidential ratification of the Cachoeira Seca indigenous land in the state of Pará, the
Piaçaguera indigenous land in São Paulo and the Pequizal do Naruvotu indigenous land in
Mato Grosso, declarations by the Ministry of Justice of indigenous lands in Mato Grosso
17
18
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=18498&LangID=E.