Ranjan Ramchandani / WWF
06 juni 2023

WWF-Brazil condemns passing bill that harms indigenous rights and environment

The recent developments in Brazil regarding the approval of Bill 490/2007 have raised grave concerns for indigenous rights and the environment. WWF-Brazil strongly condemns the passing of this bill by the Chamber of Deputies and urges the Senate to take immediate action to prevent further harm to indigenous communities and the natural world.

It is vital that the Federal Supreme Court thoroughly examines the constitutional implications of this bill and takes a firm stance in defense of indigenous rights and the integrity of the natural world. WWF-Brazil will closely monitor the developments and continue to advocate for the protection of indigenous communities and the environment.

Threat demarcation of indigenous lands

Bill 490/2007 poses a severe threat to indigenous peoples' rights by making the demarcation of indigenous lands unfeasible and undermining the fundamental principle of consultation with legitimate landowners. The bill imposes arbitrary criteria and procedures for land demarcation, including the requirement to prove effective occupation of territory as of 1988, the year of the enactment of the Federal Constitution. By doing so, it distorts the spirit of the Constitution, which sought reparation for historical injustices and the restoration of indigenous lands.

This unjust provision affects the most vulnerable indigenous communities who have been fighting to reclaim their territories. Many indigenous groups were forcibly expelled from their ancestral lands, often with the complicity of the State itself, and were unable to fully occupy their traditional territories by the stipulated date. Setting 1988 as the time frame completely ignores the historical context and perpetuates a cycle of violence against indigenous peoples.

Revision land boundaries

Moreover, Bill 490/2007 not only hampers ongoing demarcation processes but also allows for the revision of already completed land boundaries. This creates legal insecurity, fuels conflicts in the countryside, and undermines the size and integrity of officially recognized indigenous lands. Additionally, the bill opens the door for the installation of large-scale infrastructure projects on indigenous lands without prior consultation with the legitimate landowners or considering their conditions. Such provisions not only disregard indigenous rights but also pose a significant threat to the environment and biodiversity.

Need for action

The approval of Bill 490/2007 marks a troubling step backward in Brazil's commitment to indigenous rights and environmental protection. The violent attacks against indigenous communities during peaceful protests against the bill demonstrate the urgent need for action to prevent further escalation of conflicts and ensure justice for those affected.

WWF-Brazil calls upon the Senate to reject this regressive bill and safeguard the rights of indigenous peoples and the environment. They urge senators to stand against violence and demonstrate to the world that they are committed to upholding justice, human rights, and environmental stewardship.

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