Indigenous people in Maranhão block BR-316 highway in protest against the overturning of the veto on the Temporal Framework.

Indigenous people in Maranhão block BR-316 highway in protest against the overturning of the veto on the Temporal Framework.

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Time frame: Indigenous leaders criticize Congress and reaffirm their fight for the rights of native peoples.

"The National Congress represents these groups that want to exploit Indigenous Lands, aiming for profits and more profits, without thinking about the environmental damage, the damage to the population in general, not just the Indigenous people. The day will come when they will realize that you can't eat money."This statement is from Flauberth Guajajara, an indigenous leader from the Rio Pindaré Land, in Bom Jardim, Maranhão. He participated, on Thursday (14), in the blocking of the BR-316 highway, which connects Maranhão to Pará, in protest against the attempt by the National Congress to remove the territorial rights of indigenous peoples, recognized and guaranteed by the Federal Constitution.

The highway blockade began in the morning and remained in effect for the duration of the Joint Session of the Chamber of Deputies and the Federal Senate, which analyzed several presidential vetoes, including the veto of the Temporal Framework thesis, which was overturned by federal deputies and senators. 

From now on, the Temporal Framework will be incorporated into Law 14.701/23. According to the text, for their lands to be considered traditionally occupied, indigenous people must prove that, on the date of promulgation of the Constitution (October 5, 1988), their lands were permanently inhabited, used for productive activities, and necessary for the conservation of environmental resources and for physical and cultural reproduction.

Other points vetoed by President Lula were also reinstated in Law 14.701/23, such as the prohibition on expanding already demarcated indigenous lands; the adaptation of demarcation processes not yet completed to the new rules; and the nullity of demarcations that do not comply with these rules.

The overturning of the veto on the Temporal Framework in the National Congress occurred despite the issue already having been rejected by the Supreme Federal Court, which, by a vote of 9 to 2, deemed the thesis unconstitutional. 

The Articulation of Indigenous Peoples of Brazil (Apib), together with the political parties PT, REDE, PSOL, and PSB, will file a Direct Action of Unconstitutionality (ADIN) with the Supreme Federal Court (STF), requesting a declaration of unconstitutionality and the suspension of Law No. 14.701/2023. Learn more at [link to article/website address]. https://apiboficial.org/

The indigenous struggle to confront the climate crisis. 

Indigenous people from the Guajajara and Ka'apor territories in Rio Pindaré and Caru, in Maranhão, participated in the demonstration on the BR-316 highway. They believe that the non-indigenous population needs to understand that the indigenous struggle is fundamental to confronting the climate crisis.

Flauberth Guajajara during a BR-316 road blockade in protest against the overturning of the veto on the Temporal Framework. (Photo: Cássio Bezerra / ISPN Collection)

“On this path we take every day to protect the forest, the rivers, the streams, I think the non-indigenous population will have to understand that we are trying to save the planet for everyone. Many still don't understand, they only see the side of greed for money, for gold… If they don't stop to think, and also help us find a solution to this destruction, we will all suffer the consequences.”"This is what Antônio Wilson Guajajara, chief of the Maçaranduba Village in the Caru Indigenous Territory, who also participated in the blockade on the Maranhão highway, affirms." 

“When we do this kind of action [blocking the BR highway], people say: – you ruined my day – you blocked my passage, but they don't think that while we're here, we're also seeking, directly or indirectly, benefits for them, because if the Indigenous Lands, where most of the trees that represent the Brazilian Amazon are still concentrated, are devastated, the situation will get much worse. As long as they insist on exploiting the Indigenous Lands, we will be here resisting, because either we resist by fighting or we give everything up and then there will be mass destruction.”, added Flauberth Guajajara

ISPN believes that the overturning of the presidential vetoes on Bill 490/07, which originated Law 14.701/23, represents a major setback for the indigenous policies of the Brazilian State and will continue to support its indigenous partners in the fight for their original rights. 

Text: Cássio Bezerra/ISPN Communications Advisor

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