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V. CONCLUSIONS
70. The Government of Brazil has manifested a commitment to advance the rights
of indigenous peoples in light of relevant international standards, having ratified
ILO Convention 169 and supported adoption of the United Nations Declaration on the
Rights of Indigenous Peoples. Brazil has important constitutional and other legal
protections for indigenous peoples, and its Government has developed a number of
significant programmes in areas of indigenous land rights, development, health and
education.
71. Nonetheless, further efforts are needed to ensure that indigenous peoples are able to
fully exercise their right to self-determination within the framework of a Brazilian State
that is respectful of diversity, which means exercising control over their lives, communities
and lands, and participating in all decisions affecting them, in accordance with their own
cultural patterns and authority structures. Sustaining such efforts is complicated by
entrenched paternalism toward indigenous peoples, by an apparent lack of understanding
among much of the public and the news media of indigenous issues, and by opposing
political forces.
72. Within the framework of constitutional protection of indigenous land, Brazil has
developed an exemplary model for securing indigenous land rights from which other
countries have much to learn. Under this model, the Government has demarcated and
registered substantial areas of land, while many other areas of traditionally occupied
indigenous land remain to be demarcated and registered amid a number of challenging
factors.
73. A problem often to be confronted in the process of recognizing and securing
indigenous land is non-indigenous occupation of the land. This problem is especially
pervasive in areas outside of the Amazon region where there is heavy non-indigenous
settlement, including in the agribusiness belt in south-western Brazil. Tensions between
indigenous peoples and non-indigenous occupants have been especially acute in the State of
Mato Grosso do Sul, where indigenous peoples suffer from a severe lack of access to their
traditional lands, extreme poverty and related social ills, giving rise to a pattern of violence
that is marked by numerous murders of indigenous individuals as well as by criminal
prosecution of indigenous individuals for acts of protest.
74. Even when indigenous lands are already demarcated and registered, indigenous
peoples’ rights over lands and natural resources are often threatened by non-indigenous
occupation and invasion. Illegal occupation and invasion of indigenous lands, for natural
resource extraction or other activities, causes a myriad of adverse consequences for the
indigenous communities concerned, including in the areas of health and physical security,
with violent confrontation in many cases a feature of the non-indigenous presence.
75. There is an apparent lack of full harmonization of the Government’s priorities for
economic development with the existing laws, policies and Government commitments