Brazilian President Luiz Inacio Lula da Silva recently vetoed multiple points of Bill 2903/2023, a legislation intended to establish management rules and a timeline for the demarcation of indigenous lands.
The legislation, initially proposed as PL 490/2007, had been approved by the Federal Senate on September 27. Controversial aspects of the bill included setting a time limit for the recognition of indigenous lands, and constraining indigenous communities’ traditional possession rights to lands claimed prior to October 5, 1988. This time constraint had been dismissed by the Federal Supreme Court, which ruled that indigenous rights were not dependent on specific dates.
The bill came under fire for violating indigenous peoples’ existing rights and for disregarding the declaratory nature of the demarcation process. It suggested offering compensation to non-indigenous individuals who already had ownership of areas marked before the finalization of the demarcation process. Issues were also brought up about unintended contact with indigenous groups in voluntary isolation, which critics argue would breach their rights to social organization, customs, languages, and traditions.
Following President Silva’s veto, the Federal Public Ministry’s Chamber of Indigenous Populations and Traditional Communities issued a statement supporting their previous opposition to changing indigenous land demarcation rules through a standard law. They stressed that the fundamental rights of indigenous peoples are permanent and can’t be changed without amending the Constitution.
The Constitution and Justice Committee of the Senate’s approval of the bill sparked major backlash from indigenous communities and their advocates. Over time, protests against such policies, including PL 490/2007 (now Bill 2903/2023), are gaining momentum in Brazil and abroad. Indigenous activists and organizations, along with groups like Survival, have ardently opposed the bill, pinpointing the substantial risk it poses to indigenous land rights.
For more detailed information, read the full report on JURIST – News.