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.
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