A/HRC/33/42/Add.1 exploitation of natural resources on indigenous lands; protects indigenous peoples against dispossession of or forced removal from their lands; and places a duty upon the Union to demarcate the lands traditionally occupied by indigenous peoples and “to protect and ensure respect for all their property”. Article 232 provides indigenous peoples and their organizations with standing to sue to defend their rights and authorizes the Public Prosecutor to intervene on behalf of indigenous peoples in all pertinent cases. 1 In 2002, Brazil ratified International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), which is considered to be ranked above domestic laws.2 12. Following consultations with indigenous peoples, the Ministry of Justice and the Ministry of the Environment established the National Policy on Land and Environment Management in 2012 to address the realization of indigenous peoples’ rights following land demarcation. The policy aims to ensure practical steps to guarantee indigenous peoples full possession of their lands and recognition of their traditional knowledge and governing capacity over their territories and natural resources. IV. Information presented to the Special Rapporteur 13. During her visit, the Special Rapporteur received extensive information from indigenous peoples, civil society and representatives of the Government. The present report contains a brief overview of the main themes that were brought to her attention. These include the positive measures and initiatives taken by the Government to implement indigenous peoples’ rights and measures taken by indigenous peoples themselves to this end; issues pertaining to reprisals, threats and killings of indigenous peoples; the impact of large-scale development projects in or near indigenous peoples’ lands and associated consultation processes; concerns raised in relation to land demarcation processes; the role of FUNAI; and issues pertaining to access to justice. A. Positive measures and initiatives 14. The Special Rapporteur commends the Government for the measures and initiatives taken to realize indigenous peoples’ rights. During her visit, she was informed of the following: (a) The constructive and proactive role of specialized agencies, such as FUNAI and the Public Prosecutor’s Office, aimed at protecting indigenous peoples’ rights, despite the difficult circumstances in which they operate, in particular staff working in local FUNAI offices or in remote areas; (b) The establishment of an internationally recognized legal and administrative framework for the demarcation of indigenous lands and the protection of land rights, including in cases involving isolated indigenous peoples; (c) The Government’s opposition to the proposed constitutional amendment, PEC 215, which would undermine the land demarcation and rights protection framework; (d) Decisions by the Federal Supreme Court to prevent evictions of indigenous peoples, in particular in Mato Grosso do Sul, São Paulo, Bahia, Rio Grande do Sul and Paraná; 1 2 See A/HRC/12/34/Add.2, para. 13. See ILO, “Application of Convention 169 by domestic and international courts in Latin America” (Geneva, 2009), p. 12. 5

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