A/HRC/33/42/Add.1 Ministry of the Environment for the São Luiz do Tapajós dam, based on the position taken by FUNAI that the project was incompatible with indigenous peoples’ constitutional rights. VI. General observations 54. The challenges facing many of Brazil’s indigenous peoples are enormous. The origins of these challenges range from historically based and deeply entrenched discrimination of a structural nature, manifested in the contemporary neglect and denial of indigenous peoples’ rights, to more recent developments associated with changes in the political landscape. 55. Serious challenges to indigenous peoples’ rights arise in the context of increasing discrimination, as manifested in demonstrations against indigenous peoples; stalled demarcation processes, including approximately 20 land demarcations pending Presidential ratification and ministerial declaration; ongoing evictions and constant threats of further evictions; profound and ever-increasing impacts of megaprojects located in or near indigenous peoples’ territories and implemented without meaningful prior consultations to obtain the free, prior and informed consent of the affected peoples; violence, racism, killings, threats and intimidation perpetrated with impunity against indigenous peoples and those who work with them; inadequate protection for indigenous communities and their leaders and increasingly frequent criminal allegations against them. 56. As a result of these challenges, the Special Rapporteur believes that, today, indigenous peoples face more profound risks than at any time since the adoption of the Constitution in 1988. Some of her concerns and observations are highlighted below. A. Structural issues 57. The concentration of economic and political power in the hands of a small segment of Brazilian society has historically contributed to the exploitation of the lands and resource of indigenous peoples, without consideration for their rights or well-being. 58. During her visit, the Special Rapporteur repeatedly heard reports that individual, political and economic gain has contributed to institutional racism, violations of indigenous peoples’ rights and conflicts, including in the context of decisions pertaining to megaprojects and exploitation of natural resources in indigenous lands. 59. The observation of the previous mandate holder that “indigenous peoples as a whole are disadvantaged economically and in terms of access to political power in relation to most of the rest of Brazilian society” 12 would, unfortunately, appear to be even more pertinent today, with indications of deep-seated structural discrimination towards indigenous peoples being on the increase and institutional changes serving to further disempower them. B. Violence and discrimination against indigenous peoples 60. The Special Rapporteur is particularly concerned at the level of racially based violence against indigenous peoples in the states of Mato Grosso do Sul, Pará, Bahia, Maranhão, Rio Grande do Sul, Santa Catarina and Paraná. Tackling and eliminating racism, discrimination and violence against indigenous peoples and ensuring protection of the lives of indigenous leaders and community members is an issue that requires immediate and 12 See A/HRC/12/34/Add.2, para. 9. 13