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Indigenous territories and the protection of forests in the Brazilian Amazon

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The Brazilian Constitution of 1988 established strong collective indigenous land rights and criteria for demarcation based on traditional occupation and use. However, indigenous territories still face threats including state colonization policies, infrastructure projects, legislative proposals to reduce rights, and a Supreme Court ruling on the Raposa Serra do Sol land. As of 2008, indigenous lands and protected areas covered over 21% of the Brazilian Amazon, helping to conserve forests but also experiencing deforestation pressures.

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Fernando Mathias [email_address] presented in Rights, Forests and Climate Change October 15/17, Oslo, Norge INDIGENOUS RIGHTS AND ENVIRONMENTAL CONSERVATION IN THE BRAZILIAN AMAZON
20 YEARS OF BRAZILIAN CONSTITUTION chapter on collective indigenous rights land rights based on traditional occupation criteria criteria include lands: - permanently inhabited; - used for productive activities; - necessary to the preservation of natural resources needed to their well being; - necessary to their physical and cultural reproduction, according to customary law. demarcation possible even if there is no tenure, in case of past involuntary removal conflicts on land use with farmers, loggers, cattleranchers 1988 - 2008
Constitutional indigenous territorial rights - State has nude property - Indigenous peoples have exclusive tenure rights and rights to use of natural resouces of soils, rivers and lakes - Lands inalienable and the rights over them imprescritible - Any third party act that refers to (i) ocupation, property or tenure of indigenous lands and (ii) exploitation of natural resources therein are null - Exceptions: mining and hidroeletric potentials, provided there is (i) consultation and (ii) congressual approval
1988 2008
Brazilian Amazon
Brazilian Amazon: Indigenous Lands and Protected Areas September 2008 Deducting the overlapping among protected areas and between those and indigenous lands, the total amount of effectively protected area is 21,24 % of the Amazon. Class quantity area (ha) % in relation to the extension of the brazilian Amazon FEDERAL Protected Areas 131 62.972.766 12,58 Prote巽達o Integral (no human use allowed 48 30.666.928 6,13 Uso Sustent叩vel (sustainable use allowed) 83 32.305.838 6,45 STATE Protected Areas 164 54.548.062 10,90 Prote巽達o Integral 60 12.649.099 2,53 Uso Sustent叩vel 104 41.898.963 8,37 油 INDIGENOUS LANDS 405 108.203.282 21,61
油
Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies (land title conflicts, deforestation, high-input agriculture, cattle ranching) - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
Xingu river basin: Indigenous lands, protected areas and deforestation
Xingu headwaters
Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
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Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
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Legislative proposals to reduce indigenous rights Total: 70 bills of law focus on demarcation process (1/3), mining & hydroeletric exploitation 05 Constitution amendment proposals 09 legislative decree proposals to anull Raposa Serra do Sol indigenous land
Raposa Serra do Sol major reference case Federative conflict: State of Roraima vs. Federal government Supreme court ruling shall define future rationale for demarcation 1 x 0 indigenous peoples so far more to come...
Takk! [email_address] Socioenvironmental balance: think twice before moving.

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Indigenous territories and the protection of forests in the Brazilian Amazon

  • 1. Fernando Mathias [email_address] presented in Rights, Forests and Climate Change October 15/17, Oslo, Norge INDIGENOUS RIGHTS AND ENVIRONMENTAL CONSERVATION IN THE BRAZILIAN AMAZON
  • 2. 20 YEARS OF BRAZILIAN CONSTITUTION chapter on collective indigenous rights land rights based on traditional occupation criteria criteria include lands: - permanently inhabited; - used for productive activities; - necessary to the preservation of natural resources needed to their well being; - necessary to their physical and cultural reproduction, according to customary law. demarcation possible even if there is no tenure, in case of past involuntary removal conflicts on land use with farmers, loggers, cattleranchers 1988 - 2008
  • 3. Constitutional indigenous territorial rights - State has nude property - Indigenous peoples have exclusive tenure rights and rights to use of natural resouces of soils, rivers and lakes - Lands inalienable and the rights over them imprescritible - Any third party act that refers to (i) ocupation, property or tenure of indigenous lands and (ii) exploitation of natural resources therein are null - Exceptions: mining and hidroeletric potentials, provided there is (i) consultation and (ii) congressual approval
  • 6. Brazilian Amazon: Indigenous Lands and Protected Areas September 2008 Deducting the overlapping among protected areas and between those and indigenous lands, the total amount of effectively protected area is 21,24 % of the Amazon. Class quantity area (ha) % in relation to the extension of the brazilian Amazon FEDERAL Protected Areas 131 62.972.766 12,58 Prote巽達o Integral (no human use allowed 48 30.666.928 6,13 Uso Sustent叩vel (sustainable use allowed) 83 32.305.838 6,45 STATE Protected Areas 164 54.548.062 10,90 Prote巽達o Integral 60 12.649.099 2,53 Uso Sustent叩vel 104 41.898.963 8,37 油 INDIGENOUS LANDS 405 108.203.282 21,61
  • 7. 油
  • 8. Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies (land title conflicts, deforestation, high-input agriculture, cattle ranching) - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
  • 9. Xingu river basin: Indigenous lands, protected areas and deforestation
  • 11. Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
  • 12. 油
  • 13. Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies - Military occupation (human rights violations) - Infrastructure projects (energy/dams, mining) - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land
  • 14. 油
  • 15. 油
  • 16. Legislative proposals to reduce indigenous rights Total: 70 bills of law focus on demarcation process (1/3), mining & hydroeletric exploitation 05 Constitution amendment proposals 09 legislative decree proposals to anull Raposa Serra do Sol indigenous land
  • 17. Raposa Serra do Sol major reference case Federative conflict: State of Roraima vs. Federal government Supreme court ruling shall define future rationale for demarcation 1 x 0 indigenous peoples so far more to come...
  • 18. Takk! [email_address] Socioenvironmental balance: think twice before moving.