We are following with great concern the recent developments in the National Congress regarding the advancement of an agenda to destroy indigenous and socio-environmental policies of the Brazilian State, policies achieved through much struggle and demands from national social movements. Last Wednesday, May 24, 2023, a large majority of federal deputies voted in favor of an urgent request for the processing of Bill 490/2007, which brings with it a package of measures to destroy the rights of indigenous peoples recognized in the 1988 Federal Constitution. This proposal directly implies:
- Applying the Temporal Framework thesis to the processes of demarcation of Indigenous Lands, which defines a date when territories can or cannot be considered Indigenous Land (October 05, 1998, date of promulgation of the Federal Constitution);
- Transferring the demarcation of Indigenous Lands to the National Congress, a responsibility that constitutionally belongs to the Executive Branch through the National Foundation for Indigenous Peoples (Funai);
- Allowing the opening of indigenous territories for the implementation of large-scale projects such as hydroelectric dams, mining operations, monocultures, land leases, among others;
- To nullify the right to free, prior and informed consultation guaranteed to indigenous peoples by Convention 169 of the International Labour Organization (ILO) for economic activities and large infrastructure projects such as hydroelectric dams, mining, among others;
- Disregarding the "no contact" policy with indigenous peoples in voluntary isolation in the name of interests considered "public" through business and/or governmental activities;
- Automatically legalize illegal mining on Indigenous lands.
We at ISPN advocate for the sustainable development of cultural and environmental landscapes with the inclusion and recognition of the rights of indigenous peoples and other traditional peoples and communities. Therefore, we vehemently repudiate the proposals of Bill 490/2007 and expect a positive response in favor of native peoples from the National Congress and other constituted powers.
Our institutional stance is based on an understanding of the importance of the National Policy for Territorial and Environmental Management of Indigenous Lands (PNGATI), which presents, throughout its axes, models of ethno-development defined by indigenous peoples, compatible with environmental conservation based on their strategies for well-being, fundamental for the conservation of Brazilian biomes and for climate balance throughout the world.
Created in 2012 by presidential decree, PNGATI is the first indigenous policy of the Brazilian State built in a participatory manner, through five consultations in all regions of the country and a national meeting bringing together approximately 2 indigenous representatives from 200 different peoples. PNGATI thus represents one of the greatest advances in valuing and recognizing the autonomous and sustainable management of indigenous territories throughout the country.
In this sense, we understand that the national debate should be focused both on strategies to accelerate the demarcation processes of Indigenous Lands, based on original rights and under the command of the Executive Branch; as well as on the implementation of the PNGATI (National Policy for the Management of Indigenous Lands), and not on projects built in a top-down manner and detached from the socio-cultural and environmental realities of the original peoples.
#PL490NO #NoToTheTimeframe #IndigenousEmergency #DemarcationNow #FightForLife #DemarcationIsDemocracy #IsolatedPeopleAtRisk #OutWithMining
Photo: ISPN archive / Letícia Verdi