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.

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