In the last couple of years, in coalition with Indigenous and allied organizations, Amazon Watch has grown its work in international advocacy and legal strategies to denounce the threats the Brazilian government tries to pose to the environment and Indigenous peoples by pushing for a set of bills known as the “Destruction Package.”
One of these legislative attacks is Bill 2903/2023 (formerly Bill 490/2007). Known as the Marco Temporal or “Time Limit” legal thesis, it would change Brazil’s Indigenous land titling process, known as demarcation, which could allow forcible contact with peoples in voluntary isolation and the advance of industrial activities in Indigenous territories. The bill also ignores that Brazil is a signer of ILO Convention 169 which guarantees the right to Free, Prior, and Informed consultation and Consent.
Due to this increasing threat, together with a coalition of Brazilian Indigenous organizations and NGOs, Amazon Watch sent a letter to the United Nations Special Rapporteur on the Rights of Indigenous Peoples requesting a public statement. A few days later, the Special Rapporteur issued a Press Statement stating that “[i]t is particularly worrying that Bill 490/07 explicitly indicates that its regulation would be applicable to all these pending cases, exacerbating the situation by further prolonging or potentially obstructing the demarcation process, and exposing Indigenous Peoples to conflicts, mining-related contamination, escalating violence and threats of their social and cultural rights.”
After the statement, the international advocacy coalition group requested a meeting with the Interamerican Commission on Human Rights (IACHR). This meeting was a follow-up to a previous public hearing that took place on October 26, 2022. Indigenous leaders such as Brazil’s Association of Indigenous Peoples’ (APIB) Executive Coordinator Kleber Karipuna, Indigenous Lawyer Mauricio Terena, Goldman Award winner and coordinator of Pariri Indigenous Association Alessandra Munduruku, and Indigenous lawyer from the Union of Indigenous Peoples of the Javari Valley (UNIVAJA) Eliesio Marubo, took this meeting opportunity to reinforce the legal petitions presented in an October 2022 hearing.
Alessandra Munduruku shared with the IACHR that “[t]he ‘Marco Temporal’ thesis is already affecting us in the territory. In my case, we don’t have our territory demarcated, the city is growing and it is very easy for whites (land grabbers, ranchers, etc.) to map the land, buy it, and say it’s theirs. Meanwhile, Indigenous peoples have been struggling to get their lands demarcated for many years. In the past, we didn’t need to ask anyone for land, because it was ours. Now we have to ask the [government]. Many pieces of this land are being destroyed to extract wood, extract gold, build highways, etc. Our children and women are sick from mercury. So yes, it is very worrying. Imagine land that has already been demarcated and that already has an invasion inside because the [government] does not play its role in removing the invaders. In fact, they [land grabbers, ranchers, etc.] never liked Indigenous peoples and want to expel us from the land.” The IACHR then reaffirmed its commitment to monitor and protect the rights of Indigenous peoples in Brazil and throughout the region.
The IACHR is commonly known for its system of petitions and cases. It also has a monitoring role, through which it can issue reports on the particular situation of a country or a topic, as well as carry out in loco country visits, which aim to observe the human rights situation of the country on the ground. For this reason, it is always important to maintain constant communication with the Interamerican Commission, as well as with the special procedures of the United Nations such as the Special Rapporteur on the Rights of Indigenous Peoples, because all the information provided will serve as input for their reports or visits plans.
Amazon Watch collective work of international advocacy was possible thanks to the collaboration of Indigenous organizations such as COAIB, APIB, UNIVAJA, Pariri Indigenous Association, Munduruku, Pataxó, and NGOs such as Robert F. Kennedy Human Rights, Amnesty International, Washington Brazil Office, Avaaz, and Greenpeace, among other organizations.
This new phase of our advocacy work needs your voice for rapid response action against threats and as we build out legal precedents at national and international levels. Our efforts will continue to result in immediate resistance and sometimes immediate impact, alongside implementing long-term strategies toward the permanent recognition and expansion of Indigenous rights. With your support, we are creating a strengthened national and international network that will amplify the global narrative for defending the rainforest!
