A/HRC/33/42/Add.1
and Mato Grosso do Sul and proactive measures to recognize the rights of indigenous
peoples in the Tapajós region and to suspend the dam licensing process.
90.
While welcoming the interim Government’s reaffirmation of Brazil’s open invitation
to all special procedure mandate holders, the Special Rapporteur was dismayed to learn
that, as part of a congressional investigation on FUNAI and the National Institute for
Colonization and Agrarian Reform (INCRA), certain members of Congress raised questions
regarding her official visit to Brazil and requested information about the individuals who
were involved in it.
91.
The Special Rapporteur is concerned that the convergence of these and other
worrying developments will have a negative impact on indigenous peoples’ rights. She
therefore calls upon the Government to implement the recommendations outlined below
and to continue to engage in dialogue with her mandate on the increasingly urgent situation
of indigenous peoples in Brazil.
VII. Conclusion and recommendations
A.
Conclusion
92.
The Special Rapporteur’s overall impression, following her visit, is that Brazil
has a number of exemplary constitutional provisions pertaining to indigenous peoples’
rights and was, in the past, a leader in the area of demarcation of indigenous peoples’
territories. However, in the eight years since the visit of the previous mandate holder,
there has been a disturbing absence of progress in the implementation of his
recommendations and the resolution of long-standing issues of key concern to
indigenous peoples. Instead, information received points to an extremely worrying
regression in the protection of indigenous peoples’ rights. In the current political
context, the threats facing indigenous peoples may be exacerbated and the longstanding protections of their human rights may be at risk.
93.
The Special Rapporteur makes some recommendations to address the most
pressing issues she observed during her mission. They relate to the need for urgent
measures to address violence and discrimination against indigenous peoples;
strengthen State institutions such as FUNAI; build the capacity of State officials,
including senior members of the executive and lower court judges, in the light of their
inappropriate application of doctrines that deny rights; redouble efforts in land
demarcation and protection; allocate resources to improve access to justice; guarantee
meaningful good-faith prior consultation and participation of indigenous peoples in
relation to large-scale or high-impact development projects and respect for indigenous
peoples’ own consultation and consent protocols and proposals for addressing
development issues; and ensure participatory impact assessments and redress for
harm caused.
94.
Given the marginalized status of indigenous peoples, the fact that serious
violations of their rights, over recent decades, have not been adequately investigated
or remedied and the urgent need to address ongoing structural discrimination, the
Special Rapporteur places particular emphasis on the importance of initiating an
independent and transparent national inquiry into violations of their rights. This
should be implemented in cooperation with indigenous peoples, with the aim of
transforming the State’s relationship with them into one that is based on respect,
justice and self-determination.
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