As world leaders and international civil society meet in Cali, Colombia to address global threats to biodiversity at COP16, Indigenous peoples in Brazil organized on the ground to defend their rights and global biodiversity over two days of massive National Indigenous Mobilizations in Brasília from October 29 to October 30.
Indigenous communities from across the country united to decry PEC 48, the attempt to constitutionalize the Marco Temporal (Time Limit) thesis that is a fundamental attack on Indigenous land rights. Their powerful chorus of voices reverberated across the halls of all three branches of the Brazilian government, forcing the Senate to once again delay its ruling on the proposed legislation that was slated for a vote yesterday.
Yet, we know this fight continues. As the Brazilian legislature continues its callous attempt to push through a suite of constitutional proposals attempting to undermine Indigenous land rights, the Indigenous-led grassroots movement will continue to resist in full force.
Backed by the agribusiness and mining interests in the Brazilian legislature, PEC 48, along with PEC 36 and PL 4039, aim to block Indigenous land demarcation and open protected territories in the Amazon up to further extraction. This assault from anti-Indigenous factions in the Brazilian government continues to grow in response to the historic rejection of Marco Temporal by the Brazilian Supreme Court a little over a year ago, marking the most decisive victory in the fight for Indigenous land rights since the 1988 constitution.
Indigenous lands are the best preserved areas of the rainforest and essential to the well-being of frontline communities, biodiversity, and global climate stability. These proposals attempting to strip Indigenous communities of their rights and protections not only threaten the rainforest’s greatest guardians, but also the fate of our collective future.
Indigenous communities remain steadfast in their struggle to defend this vital biome despite facing mounting violence and existential threats. The Amazon remains one of the most dangerous places in the world for Earth defenders, with 25 murders of Indigenous Brazilian leaders recorded in 2023 alone. Indigenous leaders warn that these systematic constitutional attacks on their land rights will only exacerbate this catastrophic violence. “We know that if the constitution changes, it will only facilitate more invasions of our territories. We have already lived long enough with these invasions,” declared Alessandra Korap Munduruku in Brasília.
To open the first day of the national mobilization, the Association of Brazil’s Indigenous Peoples (APIB) delivered an open letter titled, “Our Land, Our Life: Letter from the Indigenous Peoples of Brazil to the Three Branches of the Brazilian Government,” In their letter, they declare:
“We, Indigenous peoples from various regions and biomes across the country, are once again occupying Brasília to denounce the ongoing and systematic attacks on our rights and territories, which threaten our survival as the original peoples of this land. (…) As guardians of ancestral wisdom, we maintain a harmonious relationship with nature, of which we are a part. Our traditional ways of life provide environmental services that contribute to preservation of ecosystems, biodiversity protection, water conservation, and the global fight against the climate crisis.”
In the letter, APIB outlines their 19 demands to the executive branch, including the defense and guarantee of territorial rights and immediate demarcation of Indigenous lands, such as Morro dos Cavalos, Toldo Imbu, Xucuru Kariri, and Potiguara de Monte-Mor, which were among the Indigenous lands promised for ratification within the first 100 days of the current administration.
Other demands include strengthening the Ministry of Indigenous Peoples and its affiliated agencies FUNAI and SESAI, improving health and education programs for Indigenous communities, ensuring effective social participation, and establishing security and territorial protection policies to combat criminal organizations and safeguard Indigenous defenders.
APIB also calls for policies to reduce the impact of commodity production and export chains on Indigenous territories, promote economic sustainability, and ensure stronger commitment from the federal government to counter the anti-Indigenous agenda in the national Congress.
To the legislative branch, Brazil’s Indigenous peoples demand an end to what they describe as “legislated genocide” by withdrawing and shelving a suite of proposed constitutional amendments that threaten Indigenous rights. They also call for the approval of bills that protect Indigenous rights, the institutionalization of the National Policy for Territorial and Environmental Management of Indigenous Lands as government policy, and the ratification of the Escazú Agreement, which would commit Brazil to defending the environment and its defenders, while enhancing transparency and public participation in environmental and climate-related decision-making.
To the judiciary, APIB calls for the immediate declaration of unconstitutionality of Law No. 14.701/2023 in order to curb violence, criminalization, and the assassination of Indigenous leaders. They demand the permanent dismissal of the Marco Temporal thesis, the conclusion of the ruling on Extraordinary Appeal N, 1.017,365, which addresses the Marco Temporal issue affecting the Xokleng people and has the potential to set a legal precedent for other Indigenous lands. They also request the termination of the Supreme Court’s Special Conciliation Commission on Indigenous rights and the guarantee of access to justice for the country’s Indigenous peoples.
Finally, the letter emphasizes that, “Without demarcation, there is no democracy!” and closes with a rallying cry: “Tell the people to move forward! Our right to our land has and will always be ancestral. We will remain here!”
At Amazon Watch, we are committed to standing in solidarity with our Indigenous partners mobilizing against the most significant rollbacks of Indigenous rights in Brazil in decades. Solidarity and vigilance from the international community is essential during this critical juncture in the Indigenous land rights movement in Brazil.
As the Amazon is engulfed in the worst flames in two decades, Indigenous-led solutions such as land demarcation are imperative to protect this critical biome and the stability of our global climate.
