Lula may announce new demarcations of indigenous lands

At least 67 indigenous lands, in 17 states in Brazil, are one step away from being approved, through a presidential decree, and becoming constituted for this designation. The possibility of progressing the processes gained strength with the recent decision of the Federal Supreme Court (STF) that rejected the thesis of the time frame for demarcation of indigenous lands. With the overturn of the time frame thesis, any area in Brazilian territory could be the target of a claim for demarcation.

In reaction to the decision, however, the Agricultural Parliamentary Front (FPA) managed to articulate the approval of the PL of the time frame in the Senate. The text now goes to sanction, and may have sections vetoed by President Luiz Inácio Lula da Silva (PT). If there are vetoes, the text returns to Congress, which can override them and enact the law.

Regardless of the results, the future law may still be questioned by the STF. Therefore, the solution brought by the bill may still take some time to actually resolve the issue.

In addition to the bill, there is also the possibility of the topic being debated through a Proposed Amendment to the Constitution (PEC). The Agricultural Parliamentary Front (FPA) signaled that it should focus on PEC 48, by senator Hiran Gonçalves (PP-RR), which clearly states in the Constitution that the Temporal Framework of October 5, 1988, the date of promulgation of the Federal Constitution, needs be fulfilled.

“I think that the definitive solution would involve the approval of a PEC. In view of this unjustifiable change by the STF, the PEC is necessary in this sense”, highlighted lawyer Albenir Querubini. The statement is reinforced by lawyer Paulo Roberto Kohl. “The best option would be an Amendment to the Constitution. However, a law has more scope in regulating specific issues that would not fit into a PEC”, added Kohl.

This year, Lula has already signed the approval of the demarcation of eight indigenous lands, six in April and two in September. In January, the then newly installed Minister of Indigenous Peoples, Sônia Guajajara, stated that the Lula government would demarcate at least 14 indigenous lands in 2023. In an interview with Folha de S. Paulo, the minister said that the promise will be fulfilled. “The expectation is to finish with these other six by the end of the year. It’s more a matter of aligning dates”, stated the holder of the Indigenous Peoples’ portfolio.

Lula, in turn, promised, during a speech given to indigenous people in Brasília, that he will demarcate all possible indigenous lands during his term. During the last 5 years, Brazil had not registered any new demarcation. With the recent demarcations and promises, which are already in the process of approval, Brazil could see one of the highest numbers of demarcations of indigenous lands in one term since the government of former president Fernando Henrique Cardoso (PSDB).

See the number of approvals of indigenous lands by president:

• José Sarney (1985 to 1990) – 67
• Fernando Collor (1991 to 1992) – 121
• Itamar Franco (1992 to 1994) – 18
• Fernando Henrique Cardoso (1995 to 2002) – 145
• Luiz Inácio Lula da Silva (2003 to 2010) – 79
• Dilma Rousseff (2011 to 2016) – 21
• Michel Temer (2016 to 2018) – zero
• Jair Bolsonaro (2019 to 2022) – zero

Seven indigenous lands may soon be approved

A People’s Gazette had access to a document from the National Foundation of Indigenous Peoples (Funai) that highlights the areas undergoing demarcation processes in Brazil. Among them, seven of the areas already declared have the most advanced approval process. Are they:

• Aldeia Velha: Porto Seguro/BA
• Yvy-katu: Japorã/MS
• Manoki: Brasnorte/MT
• Uirapuru: Campos de Júlio/MT and Nova Lacerda/MT
• Potiguara de Monte-Mor: Marcação/PB and Rio Tinto/PB
• Boa Vista – South: Laranjeiras do Sul/PR
• Ribeirão Silveira: Bertioga/SP, Salesópolis/SP and São Sebastião/SP

The expectation is that Lula will announce the signing of the ratification decrees in November, when the 2023 United Nations Conference on Climate Change (COP 28) takes place. The demarcation of indigenous lands is one of the trump cards that Lula has used to attract the attention of the international community and COP 28 could be the stage to publicize his government’s actions in this regard.

Furthermore, international pressure on legislative agendas and actions by the Brazilian government that involve indigenous issues has intensified. Recently, deputies from countries such as Germany and the Netherlands spoke out in letters to the Federal Senate after the approval of the project that provides for the time frame in the Chamber of Deputies. For European deputies, the demarcation of indigenous lands contributes to the preservation of the Amazon.

In an interview with Folha de S. Paulo, the president of the European Commission, Ursula von der Leyen, linked indigenous people to the preservation of the environment. “I can only encourage all institutional actors in Brazil to work together to protect the Amazon, as well as the indigenous communities that live there”, which “play a central role in the preservation and sustainable use of the forest and in developing the green superpower potential of the Brazil”, said von der Leyen.

Number of new claims also gains strength without time frame

The demarcation of indigenous lands, in general, begins with the claim of land by indigenous peoples. From this point on, the National Foundation of Indigenous Peoples (Funai) is responsible for designating technical groups that identify the areas claimed by indigenous people and monitor the processes.

After the claim, the areas go through an administrative process with five stages: studies, delimitation, declaration, approval and regularization. Data made available by Funai indicate that 132 areas are under study, 48 are delimited, 67 have been declared and 12 are approved. The indigenous lands already regularized total 477.

According to Funai, there are still around 490 claims from indigenous peoples being analyzed by the body. However, this number may increase after the STF’s decision. The Brazilian Agriculture and Livestock Confederation (CNA) assesses that without a time frame there are no objective parameters for identifying areas that are or are not owned by the indigenous population. “We will no longer have an objective parameter to consider whether the land can be recognized. Without this objective standard and without compensation, we will have expropriation and subtraction of producers’ property rights”, argued CNA’s Legal Director, Rudy Ferraz Ferraz, in an interview with The Young pan.

For lawyer Samanta Pineda, the processes tend to become even more conflictive after the STF’s decision. “What we realize with this judgment is that as the process – from demarcation to approval – is long, it has not been respected by the indigenous people who claim that area. The entire process has not been respected. They enter, put up signs and after the demarcation is completed. So, I don’t think it will be something that will be peaceful. I think it’s going to be really complicated. A conflicting issue”, explained the lawyer.