Violations of indigenous rights

[…] the government’s hate speech and depreciation of the indigenous peoples resulted in the death of our leaders, the invasion of our territories, the end of the demarcations processes and a violent integrationist, divisive, colonialist and racist policy”,

so declared the indigenous Avanilson Karajá at the UN Human Rights Council in 2019 when referring to the actions of the federal government vis-à-vis the indigenous population.

Since the beginning of his term, President Jair Bolsonaro has waged disputes with Brazilian indigenous peoples. His administration is marked by the curtailment of land demarcation policies and the erasure of traditional peoples through integrationist ideals, contrary to constitutional principles.

Despite the 120,000 indigenous people who are waiting for the demarcation process of their territories, the president has declared, on numerous occasions, to be against this procedure. He even attempted twice to transfer the competence of the demarcation process of indigenous lands to the Ministry of Agriculture, but was unsuccessful. The National Congress and the Supreme Court (STF) prevented the transfer, avoiding irreconcilable land conflicts, since the indigenous people are the main victims of violence in the rural areas. 

Parallel to the resistance to the land demarcation process, the government has also already shown interest in the economic exploitation of demarcated territories. Bolsonaro repeatedly highlights his desire to advance mining activities in indigenous lands, a practice restricted by the Constitution.

The restriction on mining in these territories is not unjustified. The environmental degradation promoted by the activity directly affects the ecosystems and contaminates the land and water resources, causing serious health risks for the indigenous population. In a recent study, it was found that the Munduruku people, nowadays inhabitants of different territories but traditionally in the fields of the upper Tapajós, are contaminated by mercury used in illegal mining and, consequently, 15.8% of children tested face neurodevelopmental problems.

However, the president himself supports the actions of the miners. Still, with regard to land conflicts, the government is allied with the rural sector, even strengthening the practice of land grabbing. The lenient conduct of the Bolsonaro administration with illicit activities that attack indigenous lands already shows results. According to a survey, illegal settlements invade 20 indigenous lands in the Amazon, and the growth of deforestation in these areas increased significantly in 2019 and 2020.

As if the economic interests that hinder the implementation of indigenous policies were not enough, the government uses an intolerant narrative to deal with the native peoples. Phrases that extol a process of assimilation and integration of indigenous peoples into the non-indigenous population, with the intention of erasing their identity, are common in the president’s speeches. It is important to stress that the integrationist policy was widely used during the military dictatorship (1964-1985) and goes against the constitutional precepts of respect and preservation of indigenous peoples’ culture, which recognizes “social organization, customs, languages, beliefs and traditions, and the original rights over the lands they traditionally occupy” for indigenous peoples.

In 2020, amid the covid-19 pandemic, it became evident that indigenous rights are not a priority. The government and the National Indian Foundation (Funai) did not present any action plan to protect them, and when analyzing Law 14.021/2020, which provide measures to protect indigenous, quilombola (traditional black communities), and artisanal fishermen’s territories, President Jair Bolsonaro vetoed several sections of the norm, including those that obliged the government to provide drinking water, and cleaning and personal care items. Thus, the actions and omissions propagated by Bolsonaro’s administration left indigenous peoples more vulnerable to the virus, making their access to health even more difficult.

For its actions in disrespect of traditional peoples, the federal government was denounced in the UN. Leaders and organizations of indigenous movements, researchers, and Minister Gilmar Mendes of the Federal Supreme Court consider these actions as genocide against the indigenous population.

To learn more about government actions against indigenous peoples, see the timeline below: