If there was any question about the “side” of the deputies who were elected to the 57th Legislature of the Federal Chamber in Brazil, the result of the vote of Bill 490/2007 on the night of 30th May 2023 leaves no doubt: it is the side of capital, greed, colonialism and agribusiness. Especially agribusiness interests really benefited from the Bill. So far, the most nefarious composition of all history wears Prada, suit and tie, and will be legislating to protect its nefarious interests for the next four years.
Indigenous right to land in the Brazilian constitution promulgated in 1988 is safeguarded by Article 231, which states that ‘Indigenous people shall have their social organisation, customs, languages, creeds and traditions recognised, as well as their original rights to the lands they traditionally occupy”, however, there is an opportunistic interpretation of the Article. A long-term process in the Supreme Court intends to give the rights only to those that can prove to be in the land when the constitution was promulged.
According to APIB (Brazilian Indigenous People’a Association), the cutoff ‘is a perverse and unconstitutional legal interpretation, ignoring that many indigenous peoples were expelled from their territories due to centuries of persecution and extermination. APIB is appealing to the United Nations to act immediately against the first round of votes.
Human Rights Watch also spotted the unfairness behind the Bill. At the beginning of Lula’s government in January 2023, they sent a letter to the Solicitor General, Mr Jorge Messias, to manifest their concerns, highlighting that ‘choosing an arbitrary cutoff date and refusing to recognise ancestral lands claimed after that date is not in line with international standards.’
There is also a concern about climate change. The Brazilian Human Rights officer Maria Laura Canineu said in the letter that ‘Indigenous management effectively prevents deforestation, with Indigenous territories in Brazil and other Amazon countries registering lower deforestation rates in relation to comparable areas. Indigenous management also delivers net climate benefits for the planet, as forests managed by Indigenous people in the Amazon are strong net carbon sinks.’
According to the Federal Constitution, the Brazilian government is responsible for giving the right to land to indigenous people. The first and second Lula governments failed in the process of recognition. He repeatedly said he would not make the same mistakes again and that he was elected to do his best. It is on him to start recognition, as indigenous claim less than 14% of total Brazilian land that originary belongs to them.
The BIll will now be sent to the Senate, and if it has no changes, it moves to the President’s sanction. It is most likely that President Lula will not sign the Bill as it is. However, it is in the international hands to support the law and request Brazilian Senators to change the Bill and ban this injustice.
Please join LASC in this international call and email Brazilian Senators asking them to vote NO on BILL 490/2007.
#MarcoTemporalNao #APIB #pl490 #CeliaXakriaba
