Brazil's controversial bill on Indigenous Land Rights an existential threat for original peoples

In a tumultuous showdown of political force that some say threatens the very existence of Brazil's indigenous peoples, the country's legislative lower house has overwhelmingly passed the fiercely-debated Bill 490. 

The move has sent shockwaves through the Amazon rainforest and cast a foreboding cloud over the future of Indigenous Land Rights in Brazil.

With the potential to invalidate vast swaths of recognised indigenous territories, this bill threatens to unravel the delicate balance between progress and preservation, leaving the fate of both the indigenous communities and the world's largest tropical rainforest hanging in the balance.

As indigenous peoples grapple with this critical juncture, activists call for efforts to safeguard the rights and rich cultures of the original inhabitants of the land.

The bill relies on a time frame —Marco Temporal— theory that would limit the rights to land by indigenous people to those who can prove they had a presence in their ancestral lands at the time of the approval of Brazil's current Constitution in 1988, a task that may prove difficult 35 years after the fact.

A good part of the demarcation of lands was done after 1988, notes Possuelo. "More than 50% to 60% of the indigenous lands were demarcated after '88. 

Thus, this cancels practically almost all that the state has done in demarcating indigenous lands."

Activists and indigenous people are alarmed. They agree that the bill has the potential to unravel decades of progress made in recognising and safeguarding indigenous territories.

Against the backdrop of the Lula administration's recent recognition of nearly 2,100 square kilometers of indigenous lands, experts agree that the possibility of full approval of the new law is existential threat for indigenous communities.

Indeed, the bill marks a pivotal moment in the ongoing struggle for Indigenous Land Rights in the country with the largest indigenous populations in South America.

Brazil's indigenous communities are scattered throughout the country, inhabiting various regions and reflecting a mosaic of traditions. From the Xingu, Tikuna, Munduruku, Surui, and Yanomamis in the Amazon to the Guarani-Kaiowá in the Pantanal, they exist across Brazil.

These tribes speak distinct languages, practice unique rituals, and maintain ancestral connections to the land.

However, it is not just their cultural significance that makes indigenous communities so crucial.

These communities have long been recognised as important stewards of the environment, with a profound understanding of sustainable practices and the interdependence between humans and nature.

Nowhere is this more crucial than in the Amazon rainforest, a global environmental asset and a vital carbon sink.

Indigenous peoples have a profound connection to the forests, viewing them not just as a source of resources but as sacred spaces that hold deep spiritual and cultural significance.

Through their traditional knowledge and sustainable practices, they have contributed to the preservation of these ecosystems since long before European colonisers.

Recognising this invaluable role, President Lula has pledged to support and empower indigenous communities in their conservation efforts, acknowledging that their ancestral lands are not only their homes but also crucial habitats for countless species and crucial contributors to the planet's ecological balance.

But Lula rules with a strong opposition in congress.

Conservative congressmen tied to the country’s agrobusiness caucus celebrated the vote, while indigenous communities fear that this action may reverse the progress achieved.

Brazil's Constitution acknowledges the inherent right of indigenous peoples to the lands they have historically inhabited, without imposing time restrictions or arbitrary cut-off dates. It explicitly mandates the federal government to delineate and safeguard Indigenous territories.

And Lula has moved to do just that. In a significant move congruent with campaign rhetoric, his administration has officially recognised many indigenous territories in its first months in office.

The two largest recognised territories are in the Amazon, and Lula as made it clear that he intends to protect the world's largest tropical forest, stressing that his actions are consistent with the role of Amazonia as a crucial carbon sink, essential in efforts to combat global climate change.

Since his election, Lula has claimed a leading role for Brazil on climate discussions. The efforts have gained him global recognition.