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44. Despite the advances and the exemplary initiative of the PPTAL project, a further
commitment of resources is needed to strengthen and support land demarcation throughout
various regions of the country in which indigenous peoples live. According to information
received by the Special Rapporteur, FUNAI has been underfunded and understaffed, with a
budget and personnel that fall short of what is needed to demarcate the numerous and vast
indigenous territories in Brazil. In some cases in which the demarcation process has already
begun, the completion of the process has been impeded by a lack of financial and human
resources. In this connection, the Government reports recent increases in FUNAI’s budget and
steps to restructure and enhance its staff.
45. Another challenge is the discordant political forces seeking to undermine, halt, or even
reverse the progress of the demarcation of indigenous land. During his visit to Brazil, the
Special Rapporteur learned of 5 proposals to amend the provisions on indigenous peoples of the
1988 Constitution, and of 19 legislative proposals in the Senate and 15 in the Chamber of
Deputies to suspend the effect of indigenous land demarcation decrees or to change the
procedures to identify and demarcate indigenous lands. Added to these initiatives is one of the
19 conditions articulated by the Supreme Federal Tribunal in the Raposa Serra do Sol case,
which forbids the enlargement of lands that are already demarcated. This provision is feared to
be an impediment to ongoing efforts to secure adequate land areas for indigenous communities
that were provided with relatively small parcels of land prior to the current demarcation regime.
C. Non-indigenous occupation and invasion of indigenous lands
46. As already noted, a recurrent impediment to securing indigenous lands is the presence of
non-indigenous occupants. This can especially be seen in areas such as Mato Grosso do Sul, the
state with the largest indigenous population outside the Amazon region, where there is heavy
non-indigenous settlement and land use that has displaced indigenous peoples from their
traditional lands. Unlike the Amazon region, where vast expanses of land remain inhabited
mostly by indigenous peoples, the rural areas of Mato Grosso do Sul have been mostly parcelled
out to non-indigenous farmers, many of them engaged in large-scale agribusiness. This is a result
of an aggressive Government policy of titling land to private individuals in the last century, well
prior to the 1988 Constitution and its recognition of indigenous rights. Indigenous peoples were
forced off their land, or left only with small plots within their larger traditional use areas,
thereby being deprived of adequate means of subsistence and cultural continuity. Paraná and
Santa Catarina are two other states in the south-western part of the country in which indigenous
peoples have been left only with small patches of land, much of it infertile and providing little in
the way of sustainable livelihood.
47. Extreme poverty and a range of social ills (even malnutrition and starvation in some cases)
now plague the Guarani-Kaiowá and Nhandeva peoples of Mato Grosso do Sul. The state has the
highest rate of indigenous children’s death due to precarious conditions of health and access to
water and food, related to lack of lands. In 2007 the federal Government established the
Dourados Indigenous Actions Management Committee, which has taken a number of initiatives
to address the nutritional, health and other social welfare concerns of indigenous peoples in the
state, through partnerships forged with various federal agencies and local authorities.