Brazil: IACHR and UN Human Rights Condemn Violence Against Indigenous Peoples and Urge the State to Protect Their Territorial Rights

October 17, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) and the United Nations Office of the High Commissioner for Human Rights (UN Human Rights) South America Office express deep concern over the surge of violence against Indigenous Peoples in Brazil, particularly in the states of Bahia, Paraná, and Mato Grosso do Sul, amid efforts to defend their territorial rights.

In recent months, there have been violent attacks against Indigenous communities, including assaults by private actors and police forces, resulting in the forced displacement of communities and the tragic deaths of several community members defending their lands. Among them were leaders from the Pataxó Hã-Hã-Hãe people: Lucas Santos de Oliveira, killed in December 2023, and Maria de Fátima Muniz de Andrade, known as Nega Pataxó, who was murdered in January of this year. On September 18, Neri Ramos da Silva, a young Indigenous man from the Guaraní Kaiowá people, was killed while attempting to reclaim lands previously demarcated for his community but still contested by private interests.

This surge of violence is aggravated by the slow progress in demarcating Indigenous lands and ongoing legal uncertainty. The situation has deteriorated since the passage of Law No. 14.701 by the Chamber of Deputies in October 2023. This law adopts the "Temporal Framework" thesis, which restricts Indigenous territorial claims to lands occupied prior to the enactment of the Federal Constitution in 1988. The legislation was passed despite a veto from the Executive Branch and a prior ruling from the Federal Supreme Court (STF) declaring the thesis unconstitutional. A final ruling by the STF on the law's constitutionality is still pending.

The IACHR and UN Human Rights emphasize that, under Inter-American and universal human rights frameworks, Indigenous peoples have the right to special protection for their physical, psychological, and cultural integrity, allowing them to live free from violence, discrimination, and exploitation. This right encompasses safeguarding their culture, territory, and self-determination, which are essential to their identity and well-being. Accordingly, Brazil must adopt immediate and effective measures to prevent, investigate, and sanction actions that threaten Indigenous integrity, whether perpetrated by third parties or State agents. Furthermore, the State must implement protective measures for Indigenous communities facing imminent threats.

Finally, the Commission and UN Human Rights underscore Indigenous peoples' profound connection to their territories and remind States of their duty to protect the right to collective property, as affirmed in the American Declaration on the Rights of Indigenous Peoples. In this context, they urge the Brazilian State to take immediate action to ensure the demarcation and titling of Indigenous lands, upholding their right to collective property without invoking the Temporal Framework thesis.

The UN Human Rights Office, in accordance with the mandate granted by the General Assembly in its resolution 48/141, promotes and protects the enjoyment and full realization, for all people, of all rights enshrined in the United Nations Charter and in international human rights laws and treaties.

The IACHR is a principal, autonomous body of the Organization of American States (OAS), with a mandate established by the OAS Charter and the American Convention on Human Rights. The Commission is tasked with promoting the observance and defense of human rights across the region and serves as an advisory body to the OAS in this field. The IACHR consists of seven independent members elected by the OAS General Assembly, serving in a personal capacity and not as representatives of their countries of origin or residence.

No. 252/24

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