Brazil must protect indigenous peoples’ lands, territories and resources

A human rights expert* on Thursday urged the Supreme Court and the Senate to guarantee the rights of Brazil’s indigenous peoples over their lands, territories and natural resources.

The UN Special Rapporteur on the rights of indigenous peoples, José Francisco Calí Tzay, called for the suspension of Law 14,701/2023, which puts them at risk of being evicted or expelled from their traditional lands.

Violation of international standards

In his statement, Calí Tzay congratulated the Supreme Court for rejecting the doctrine of Time frame in September 2023, but expressed concern about the rapid approval of Law 14,701/2023 by Congress in December of the same year.

The rapporteur explained that the law implements the doctrine of the Framework, which conditions the demarcation of indigenous territories to the occupation of the lands claimed at the time the Brazilian Constitution was approved in 1988.

Calí Tzay said that the acceptance of the decision by the Brazilian court would have violated international human rights standards, which recognise the rights of indigenous peoples to their lands and territories based on traditional use and possession without time limitation.

Rights of indigenous peoples

Law 14,701/2023 is being challenged by five lawsuits before the Supreme Court, which suspended the actions in April 2024 and suggested a mediation process between the interests of indigenous peoples and agribusiness.

However, the UN rapporteur warned that the suspension of lawsuits does not prevent the application of the law, which could cause irreparable damage.

Calí Tzay stressed that the rights of indigenous peoples are protected by international standards, such as the United Nations Declaration on the Rights of Indigenous Peoples and Convention 169 of the International Labour Organization.

He stressed the importance of traditional lands for cultural identity and the protection of biodiversity, especially in the context of climate change.

Extractive policies and climate change

The expert asked the Supreme Court to suspend the application of Law 14,701 until a decision is made on its constitutionality, and urged the Senate to respect international human rights standards, thus preventing indigenous peoples from being dispossessed of their lands.

The statement by Calí Tzay highlights the urgent need to protect their rights from extractive policies and to ensure that their lands continue to contribute to global climate balance.

Tzay pointed out that the lands traditionally occupied by indigenous peoples are vital for the protection of biodiversity, “contributing to climatic balance due to the harmonious and spiritual relationship they maintain with nature.”

He added that allowing mining, gold mining and cattle breeding would be a “complete environmental setback,” compromising Brazil’s achievement of its goals under international treaties aimed at urgently reversing climate change.

* Francisco Cali Tzay is the Special Rapporteur on the rights of indigenous peoples.

** Special Rapporteurs are part of what is known as Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the Council’s independent fact-finding and monitoring mechanisms that address specific country situations or thematic issues around the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organization and serve in their individual capacity.