A/HRC/59/62/Add.1 history of disputes, dating back long before 1988, over the Xokleng people’s right to their ancestral lands and about State violence against them. She also met with a range of other Indigenous Peoples who stressed the ahistorical nature of the temporal framework doctrine and highlighted how it threatened the demarcation of Indigenous lands and the very existence of Indigenous Peoples in Brazil. Moreover, application of the temporal framework doctrine would penalize those Indigenous Peoples who had been violently dispossessed of their lands at the time of the adoption of the Constitution and would reward the perpetrators of such violence. The Special Rapporteur stresses the vital importance of rejecting patently ahistorical approaches to Indigenous rights and of rigorously upholding national and international standards on Indigenous rights. 18. The Special Rapporteur also wishes to highlight the obligations of Brazil pursuant to the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169) and the United Nations Declaration on the Rights of Indigenous Peoples. These international standards establish a clear obligation to ensure the free, prior and informed consent of Indigenous Peoples in relation to any projects that affect their rights to land, territory and resources. The Special Rapporteur was deeply concerned to hear of systemic violations of the obligation to ensure free, prior and informed consent in Brazil, including by private entities engaging in mining activities and both legal and illegal deforestation and logging, including in the Amazon. In Maranhão, the Special Rapporteur was shocked to hear from actors in the state-level justice system that the duty to consult with Indigenous Peoples and Quilombola communities and ensure their free, prior and informed consent was being outsourced to the very companies that had commercial interests in extractive projects and, moreover, that judges were accepting these consultations in their judicial decisions about land. Such expedition of licensing for extractive, agribusiness and development projects at the expense of the right to free, prior and informed consent of the affected communities was reported to the Special Rapporteur as being a significant problem across Brazil. C. Environmental racism 19. The continuous invasion of Indigenous and Quilombola lands – a manifestation of systemic racism – significantly undermines the right to a clean, healthy and sustainable environment for all. The environmental degradation, pollution and extraction of natural resources that routinely follows the invasion of Indigenous and Quilombola lands exposes these communities to significant health hazards. These hazards include exposure to harmful pesticides, mercury poisoning and infectious diseases. For example, the Special Rapporteur received information that Quilombola communities in Maranhão had toxic pesticides sprayed on them by drones designed to spray crops, after agribusiness actors invaded their land. The spraying of such chemicals is reportedly leading to elevated rates of cancer and gynaecological disease. 20. The invasion of and extraction of natural resources from Indigenous and Quilombola lands have broader consequences. Indigenous and other forms of traditional knowledge and practices play a vital role in protecting the environment at a time of immense global climate, pollution and biodiversity crisis. This serves to underline the importance of rejecting the temporal framework doctrine and significantly expediting Indigenous and Quilombola land demarcation. The environmental consequences of the failure to do so will reverberate across the world and gravely affect future generations. The Special Rapporteur notes information that she received about a national plan for research, which would be used to analyse how the traditional knowledge of Indigenous Peoples could be utilized in the fight against climate change. She welcomes the information provided on the Amazon Fund, set up by Decree No. 6.527, which raises funds to prevent, monitor and combat deforestation, as well as to promote the preservation and sustainable use of the Amazon. The Special Rapporteur also notes the recognition of environmental racism among federal and state officials, as well as information about measures taken by the federal Government to develop a national policy on business and human rights. 21. The Special Rapporteur is concerned about other forms of environmental racism, including spatial segregation along racial and ethnic lines in both rural and urban areas, leaving those from marginalized racial and ethnic groups in “sacrifice zones” that are 6 GE.25-06011