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

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