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discrimination, as well as to uphold the foundational principle of non-retrogression in the
realization of human rights.
B.
Indigenous and Quilombola land rights
13.
The Special Rapporteur was deeply concerned to learn of violence against the
Guarani-Kaiowá Indigenous Peoples of the Panambi-Lagoa Rica territory in the State of
Mato Grosso do Sul, as her visit commenced. Eleven individuals were reportedly injured
after farmers attacked the Guarani-Kaiowá people as they attempted to reclaim their ancestral
land. The Special Rapporteur condemns these acts of violence as a manifestation of systemic
racial discrimination prohibited under international human rights law. Moreover, the case of
the Guarani-Kaiowá people exemplifies a broader issue of profound concern. The Special
Rapporteur met with representatives from several Indigenous and Quilombola communities
and repeatedly heard from them, as well as from federal and state officials, about how the
ongoing lack of Indigenous and Quilombola land demarcation is driving continuous attacks
by both State and non-State actors, who often extract natural resources from the land, leading
to degradation and pollution.
14.
In Bahia, the Special Rapporteur met with the Alto do Tororó Quilombola community,
a fishing and shellfish-gathering community who are direct descendants of enslaved Africans
trafficked to Brazil. She heard how the community’s land has been encroached upon by a
range of private and State actors, including the armed forces. These continuous attacks have
reportedly led to land degradation and environmental pollution, particularly water
contamination, weakening of cultural traditions and loss of the territorial continuity of the
community’s land. The Special Rapporteur witnessed the physical annexation of parts of the
land of the Alto do Tororó Quilombola community. It was also brought to her attention that
the presence of armed forces had led to the inaccessibility of water bodies, further leading to
loss of income from shellfish farming. Given that what the Special Rapporteur witnessed is
emblematic of broader trends, she welcomes the fact that the Government is developing a
national policy to benefit Quilombola communities. She stresses, however, the importance
of ensuring that Quilombola land rights are acknowledged as a central part of this policy.
15.
Land dispossession and extractivism are defining characteristics of colonialism and
systemic racism. There is also a direct link between these phenomena and endemic racialized
violence against Indigenous and Quilombola communities, as has been recognized by many
officials at the federal and state levels. Conflict over land titling is fuelling violence, as in the
case of the Guarani-Kaiowá peoples. In addition, the Special Rapporteur heard accounts of
fatal shootings of Quilombola leaders, in Maranhão, in the context of land disputes over
untitled or partially titled land. She also received reports about how the lack of land
protections has resulted in violence and repression, including femicide and rape, against
Indigenous women.
16.
The Special Rapporteur stresses that land demarcation is a fundamental step that must
be taken in order to dismantle systemic racism and reduce racialized violence against
Indigenous and Quilombola communities. She welcomes reports that land demarcation has
restarted, after it had previously come to a standstill, and that, in 2023, eight Indigenous lands
were fully demarcated and 25 processes progressed. She was shocked, however, to hear that
at the current pace it will take hundreds of years to demarcate all Indigenous and Quilombola
lands. The Special Rapporteur met with the Santa Rosa dos Pretos Quilombola community,
in Maranhão, whose land demarcation has been pending for many years but, concerningly,
was still not expected to be completed until 2035.
17.
A key barrier to the demarcation of all Indigenous Peoples’ ancestral land is the
ongoing debate in Brazilian institutions, including the National Congress and Supreme Court,
about the temporal framework (“marco temporal”) doctrine. The Special Rapporteur is
deeply concerned about any application of this doctrine, pursuant to which only those lands
that were occupied by Indigenous Peoples at the time of the adoption of the current
Constitution, in 1988, are considered eligible for demarcation. In Florianópolis, the Special
Rapporteur met with the Xokleng people, whose rights to their ancestral lands are linked to
the outcome of the debate on the temporal framework doctrine. She heard about the long
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