A/HRC/33/42/Add.1
95.
Brazil owes a historical debt to its indigenous peoples who have suffered
marginalization and discrimination since the formation of the State. Despite the
hardships they have endured, they remain unwavering in their resolution to preserve
their lands, to maintain and develop their cultures, customs and languages and to
determine their own futures. Rather than being seen as a burden on the State or an
obstacle to national development, their contributions to Brazilian society should be
widely recognized and fully appreciated and celebrated. With this in mind, Brazil
should embark on an inclusive process of belated State-building with its indigenous
peoples premised on respectful and just relationships between self-determining
peoples.
B.
Recommendations
Right to life, violence and racial discrimination
96.
The Special Rapporteur respectfully urges the Government of Brazil to:
(a)
Take immediate measures to protect the safety of indigenous leaders,
including through strengthened and culturally appropriate protection programmes,
and to conduct investigations into all attacks and killings of indigenous peoples and
bring perpetrators to justice;
(b)
Conduct a public campaign aimed at eliminating racism, discrimination,
hate speech and violence towards indigenous peoples;
(c)
Accord particular and urgent attention to the situation of indigenous
children, youth and women, especially in relation to the alarming rates of suicides in
indigenous communities, the increasing violence against indigenous women and the
illegal adoption of indigenous children.
Land rights
97.
The Special Rapporteur recommends that the Government:
(a)
Redouble efforts to move beyond the current impasse in relation to land
demarcation. This is particularly urgent in the states of Mato Grosso do Sul, Bahia,
Santa Catarina and Rio Grande do Sul. 18 The executive should develop, in
collaboration with indigenous peoples, proactive proposals to respect and fulfil
indigenous rights to land, through a thorough examination of all avenues available.
This should include approaches to address the judicialization of demarcation
processes and give consideration to appropriate compensation in relation to their
repossession of lands, recognized in the 1988 Constitution as indigenous lands, and for
which the Federal or state governments granted titles to private individuals;
(b)
Complete all demarcation processes pending at FUNAI, the Ministry of
Justice and the Presidency, in particular those threatened by development projects,
agribusiness expansion and natural resource extraction activities;
(c)
Develop concrete and prioritized actions to guarantee environmental
protection of indigenous lands and their natural resources and to prevent illegal
activities, with due consideration to and respect for indigenous peoples’ forms of
organization and their special relationship with their lands;
18
20
Demarcation processes to be finalized include indigenous lands in Morro dos Cavalos
(Santa Catarina),Toldo Imbu (Santa Catarina) and Rio dos Índios (Rio Grande do Sul).