A/HRC/33/42/Add.1
(d)
A constant cycle of administrative delays and the judicialization of almost all
demarcation processes by vested interests, coupled with Supreme Court delays in granting
final decisions on the cases;
(e)
The possibility of political gain by certain actors through misrepresentation
of the implications of indigenous land demarcation for small farmers and municipalities,
leading to discrimination against and conflict with indigenous peoples;
(f)
Long-standing efforts by the legislature to reform demarcation processes and
modify environmental legislation so as to facilitate resource exploitation in indigenous
lands;
(g)
Failure to recognize the compatibility of indigenous lands and conservation
units and the role that respect for indigenous peoples’ land rights can play in environmental
conservation and sustainable development.
24.
The urgency for land demarcation is exacerbated by deforestation, destruction of
rivers and depletion of soil quality due to intensive monocropping and mining activities, all
of which render land and water inadequate for sustaining indigenous peoples’ lives. The
inadequacy of the State’s response to these threats has prompted indigenous peoples to
protect their territories and natural resources themselves. At times, this puts their lives at
risk, as in the case of the Ka’apor indigenous land in Maranhão and the Manoki indigenous
land in Mato Grosso do Sul.
25.
Many indigenous peoples and civil society organizations expressed concern about
the situation of isolated indigenous peoples in the states of Pará, Mato Grosso, Maranhão,
Rondonia and Amazonas. They highlighted the need to strengthen and enhance the efforts
of FUNAI to ensure respect for their rights and protect their territories, including through
dialogue and cooperation with bordering countries.
D.
Role of the National Indian Foundation
26.
The Special Rapporteur received information from indigenous peoples throughout
Brazil in relation to the important role that FUNAI and the Public Prosecutor’s Office play
in the protection of their rights. Governmental agencies and ministries also referred to their
reliance on FUNAI to realize their own actions and programmes for indigenous peoples.
However, it was also stressed that the capacity and local presence of FUNAI were being
debilitated to the point where the Foundation may soon no longer be able to fulfil its
mandate. Concerns were raised regarding the political, rather than technical basis of the
nomination of the President of FUNAI and the implications for the autonomy and ability of
the Foundation to fulfil its mandate.
27.
Indigenous peoples, civil society and independent experts also expressed fear for the
survival of many indigenous peoples in isolation and initial contact, in the light of new and
complex threats, including cross-border threats, infrastructure development, agribusiness
expansion, Christian missionaries and reduced State protection.
E.
Access to justice
28.
The growing use by the judiciary of the “security suspension” (suspensão de
segurança) mechanism — which allows for certain rights to be suspended in favour of
other interests — was raised by indigenous peoples as a major concern in the context of
development projects. This mechanism allows projects to proceed even if they may result in
serious violations of indigenous peoples’ rights and the State has not complied with the
duty to consult in order to obtain the free, prior and informed consent of stakeholders.
8