[Diggers350] Indigenous people in Brazil shed tears of joy as the Supreme Court enshrines their land rights

Fri Sep 22 11:48:06 BST 2023

Indigenous people in Brazil shed tears of joy as 
the Supreme Court enshrines their land rights in win for president Lula

<https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/>22 
September 2023 - 
<https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/#respond>Leave 
a 
<https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/#respond>comment 

https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/

In several former European colonies, such as 
Vancouver, Canada and Australia, rights to freely 
inhabit and work reservation lands, formerly 
under private ownership or otherwise threatened, 
are being returned to indigenous people

<https://tlio.org.uk/indigenous-people-in-brazil-shed-tears-of-joy-as-the-supreme-court-enshrines-their-land-rights-in-win-for-president-lula/https://apnews.com/video/brazil-indigenous-people-brasilia-courts-supreme-court-of-the-united-states-9e269935f0f14d4d876339490240e769>RIO 
DE JANEIRO (AP)  Indigenous people celebrated 
Thursday after Brazils Supreme Court ruled to 
enshrine their land rights, removing the imminent 
threat those protections could be rolled back.

Emacs!

https://www.msn.com/en-us/news/world/tears-of-joy-after-brazils-supreme-court-makes-milestone-ruling-on-indigenous-lands/ar-AA1h4Prn

The justices had been evaluating a lawsuit 
brought by Santa Catarina state, backed by 
farmers, seeking to block an Indigenous group 
from expanding the size of its territorial claim. 
Nearly all of the high courts justices voted to 
support the Indigenous group, which has 
far-reaching implications for territories nationwide.

Dozens of Indigenous people in traditional yellow 
feather headdresses and body paint danced, sang 
and jumped around in front of a multitude of 
flashing cameras in the capital of Brasilia after 
the decisive vote was cast. Some wiped away tears of joy.

Im shaking. It took a while, but we did it. 
Its a very beautiful and strong feeling. Our 
ancestors are present  no doubt about it, said 
Jéssica Nghe Mum Priprá, who is from the Xokleng-Laklano Indigenous group.

In the case before the court, Santa Catarina 
state argued a legal theory being pushed by 
opponents of further land allocations for 
Indigenous groups. It said that the date Brazils 
Constitution was promulgated  Oct. 5, 1988  
should be the deadline for when Indigenous 
peoples to have already either physically 
occupied land or be legally fighting to reoccupy 
territory. They also claimed it would provide legal certainty for landholders.

Nine of the courts 11 justices rejected that argument.

Emacs!

Areas occupied by Indigenous people and areas 
that are linked to the ancestry and tradition of 
Indigenous peoples have constitutional 
protection, even if they are not demarcated, 
said Justice Luiz Fux, who cast the vote that established the majority.

The two justices who voted to support Santa 
Catarinas position were appointed by the 
President Jair Bolsonaro, who was a vocal 
opponent of expanding Indigenous territories and supported their assimilation.

Indigenous rights groups argued the concept of 
the deadline was unfair, saying it does not 
account for expulsions and forced displacements 
of Indigenous populations, particularly during 
Brazils two-decade military dictatorship.

The lawsuit put at risk the status of Brazils 
hundreds of Indigenous territories, said rights 
group Articulation of Indigenous Peoples of 
Brazil, known by the Portuguese acronym Apib.

Large groups of Indigenous men and women from 
different states and ethnicities had gathered in 
and around Brasilia in recent months during the high courts deliberations.

Francisco Cali Tzay, the U.N. special 
investigator on the rights of Indigenous peoples, 
had urged Brazils Supreme Court to protect Indigenous lands.

Under the constitution, Indigenous peoples are 
entitled to the permanent possession of the lands 
they traditionally occupy, Tzay said in a 2021 statement.

He said a ruling in favor of business interests 
could legitimize violence against Indigenous 
peoples and inflame conflicts in the Amazon rainforest and other areas.

Though the case involved only one Indigenous 
group, the Supreme Court gave it general 
repercussion status, meaning the ruling will 
serve as a precedent for all instances of justice involving Indigenous groups.

It thus applies to hundreds of administrative 
procedures and legislative initiatives that are 
in progress and is likely to torpedo a proposal 
in Congress to enact the same 1988 deadline.

However, that legislation also carries other 
threats to Indigenous rights, potentially opening 
the door to an easing of restrictions on mining, 
dam construction, agricultural and transportation projects in Indigenous lands.

Weve won the battle, but not the war, Dinamam 
Tuxá, executive coordinator of Apib, said in 
Brasilia. We will continue to fight for 
Indigenous territories to be demarcated, so that 
the rights of indigenous peoples are safeguarded and protected.

Since taking office in January, President Luiz 
Inácio Lula da Silva has given significantly more 
attention to the demands of Indigenous peoples than his predecessor, Bolsonaro.

He created the countrys first Ministry of 
Indigenous Peoples, headed by Indigenous woman 
Sonia Guajajara, and demarcated eight new Indigenous territories.

Indigenous territories cover nearly 14% of 
Brazils vast expanse, according to data from the 
Instituto Socioambiental. The process to 
officially establish an Indigenous territory can take decades.

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