A/HRC/31/56/Add.1
made by the National Institute for Colonization and Agrarian Reform to demarcate lands,
legal challenges filed against decisions result in cases often being stalled before the courts
for up to 15 years. At the current pace, it is estimated that it would take 250 years to fully
demarcate all officially recognized Quilombola lands.
63.
Without clear, formal, title to land, thousands of Quilombo communities must
continue to struggle for economic, social, and political viability. The National Institute for
Colonization and Agrarian Reform reported that the increasing economic importance of
land in Brazil, including for agribusiness, biofuel production and extractive industries, has
put additional pressure on the Quilombo demarcation process.
64.
Regrettably, the Special Rapporteur learned that the constitutionality of the
Presidential decree regarding Quilombola demarcation has been challenged. Should the
decree be held by the Supreme Court to be unconstitutional, there is a serious danger that
all progress made in recognition of Quilombo lands will be undone. Of further concern is
Constitutional Amendment Proposal 215/200, which, if approved, would accord the
National Congress the power to demarcate and ratify Quilombola and indigenous lands.
This would undoubtedly further burden communities seeking title to lands.
B.
Free prior and informed consent
65.
Free prior and informed consent is also a central principle in the protection of
Quilombola and other traditional communities as they seek to maintain control of their
lands under pressure from State and private actors.13 The Special Rapporteur has learned of
the repeated failure to implement this right with regard to development projects taking
place on the lands of these communities, with grave consequences for communities and
traditional livelihoods.
66.
In Quilombo Ilha da Maré, a traditional fishing Quilombo in Bahia, development
projects have been undertaken on Quilombo lands without the consent of the community.
Authorized through environmental impact assessments that were allegedly insufficient, the
projects have led to the poisoning of lands and waters, and the concentration of heavy
metals in water and soil. This has resulted in high rates of cancer in the community,
including numerous deaths of young children from heavy metal poisoning. Furthermore,
owing to the influx of workers, Quilombola women have become particularly vulnerable to
sexual and gender-based violence.
67.
Of further concern is the grave situation in Quilombo Dos Macacos, in the greater
metropolitan area of Salvador, where the installation of a Navy base on the traditional lands
of the community has effectively partitioned the lands, and the Navy keeps record of
families and their members, as well as relatives and guests as regular visitors. Members
allegedly face abuse and violence, including torture and sexual violence against women
perpetrated by members of the Navy.
68.
In Dos Palmares Quilombo, although the local Quilombo community had
successfully claimed title to their lands, a prison placed near the community without their
consent has brought negative social and environmental impacts, with sewage from the
prison polluting the river, a key water source and source of livelihood for the community.
Furthermore, plans for a railway line which will directly cut through the community was
13
14
The applicability of free prior and informed consent to Quilombos was noted by the ILO Committee
of Experts on the Application of Conventions: see www.ilo.org/dyn/
normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:2700476.