Legislation Approved in Brazil: Indigenous Lands safeguarded by new law
The Temporary Land Delimitation Bill in Brazil:
Weeks ago, the Chamber of Deputies in Brazil passed a contentious bill that revamps the country's indigenous land demarcation process, commonly known as the 'Temporal Framework.'
This controversial measure, which received 283 yes votes, 155 no votes, and one abstention, is now up for scrutiny in the Senate.
The bill limits the acknowledgement of indigenous lands solely to those occupied by native peoples prior to the 1988 Constitution's enactment— a move supported by the agricultural sector. Throughout the day, indigenous protests have escalated, leading to confrontations with law enforcement.
The Temporal Framework is a complex legal doctrine that governs how Indigenous communities can claim lands in Brazil, based on the physical occupation of those areas as of October 5, 1988. This rule raises questions about its constitutionality, as opponents argue it violates Article 231 of Brazil's Constitution, which acknowledges Indigenous peoples' "original rights" to lands traditionally occupied.
If approved by the Senate, this bill could have far-reaching consequences. Indigenous communities that were displaced or expelled during Brazil's dictatorship (1964-1985) or evicted during infrastructure projects prior to 1988 could lose ancestral claims to their lands. This development opens up more potential for deforestation and conflicts involving non-Indigenous actors seeking to exploit contested areas, leading to an increased risk of violence against Indigenous leaders, environmental degradation, and cultural erosion for affected communities.
The agricultural lobby, known as the 'ruralist bloc,' ardently backs the Temporal Framework, justifying it as necessary for "land ownership certainty." In contrast, Indigenous organizations like APIB accuse the measure of legitimizing historical land theft. This ongoing dispute centerstage in Brazil is a microcosm of the country's broader struggle to balance economic interests in land use with Indigenous rights.
- The Temporal Framework, a contentious bill recently passed by the Chamber of Deputies in Brazil, has spurred indigenous protests due to its limitation of indigenous land acknowledgement to areas occupied prior to the 1988 Constitution's enactment.
- The bill, now up for Senate scrutiny, raises questions about its constitutionality, as it is claimed to violate Article 231 of Brazil's Constitution, which recognizes Indigenous peoples' original rights to ancestral lands.
- The bill's approval by the Senate could have significant implications, potentially stripping displaced or evicted indigenous communities of their ancestral claims to lands, enhancing the potential for deforestation, conflicts, and violence against Indigenous leaders.
- This dispute over the Temporal Framework underscores the broader political struggle in Brazil, with the agricultural lobby advocating for certainty in land ownership and Indigenous organizations accusing the measure of legitimizing historical land theft.
