A/HRC/59/62/Add.1 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 GE.25-06011 5

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