A/HRC/33/42/Add.1
frequently reprisals after indigenous peoples reoccupy ancestral lands following long delays
in demarcation processes.
18.
Community members in Mato Grosso do Sul showed the Special Rapporteur bullet
wounds on their bodies and took her to places where family members had been killed. They
also recounted incidents of arbitrary arrests and criminalization of their leaders. Fears were
expressed that the anti-terrorism law, which has been criticized by a number of United
Nations Special Rapporteurs, could be inappropriately applied to indigenous peoples and
increase the risk of such criminalization. Likewise in Bahia, the Special Rapporteur
received detailed accounts of torture and arbitrary arrests. Staff and members of the
Government and civil society organizations working with indigenous peoples also provided
her with disturbing accounts of a regular pattern of threats and intimidation by State and
private actors.
19.
Numerous cases of violence against indigenous peoples in urban settings were
reported, with an emblematic and particularly disturbing case being the beheading of a
Kaingang baby in Santa Catarina on 31 December 2015. The failure of the mainstream
media to report this case was regarded by many people as symptomatic of the general
public’s growing prejudice against, and hatred towards, indigenous peoples.
20.
The recognition by the Government of the need to protect human rights defenders,
including indigenous leaders, and the important role that the former Ministry of Women,
Racial Equality, Youth and Human Rights played in this regard is noteworthy. However,
information provided by communities throughout the country indicates that the
programmes remain inadequate for indigenous peoples, partially due to lack of engagement
on the part of state governments. There is also a lack of trust in state and border police and,
in some cases, even in the federal police, arising from the involvement of officers in
incidents of violence against indigenous peoples. In most cases, impunity allows violent
practices by private security forces, armed mercenaries and State forces to continue
unabated.
C.
Land demarcation
21.
A constant refrain from indigenous peoples throughout the country was the urgent
need to complete the land demarcation processes, as this is fundamental to all their rights.
They repeatedly stressed that the State’s prolonged lack of effective action and protection is
forcing them to reclaim their lands in order to guarantee their survival. Many even stated
that if faced with evictions they would not leave their lands and would be prepared to die on
them, if necessary.
22.
The Special Rapporteur heard that efforts of indigenous peoples to reclaim their
lands, resist evictions and protect their territories from illegal activities frequently placed
them in conflict situations, as was the case of the Guarani-Kaiowá and Terena in Mato
Grosso do Sul, the Pataxó and Tupinambá in Bahia, the Arara and Parakanã in Pará, the
Ka’apor in Maranhão and the Guarani Mbya and Kaingang in the southern states of Brazil.
23.
The current stagnation of land demarcation processes was attributed to a
combination of factors, including:
(a)
The debilitation and understaffing of FUNAI;
(b)
The lack of political will to conclude demarcation procedures at the
ministerial and Presidential level;
(c)
A poor understanding of and appreciation for indigenous peoples’ distinct
ways of life and the absence of human rights training for senior members of the executive;
7