Committee approves bill to give Congress final say on indigenous land tenure

Despite protest from indigenous leaders, a special committee of the Chamber of Deputies approved a constitutional amendment bill (PEC 215/00) Tuesday (Oct. 27) amending the rules to demarcate indigenous lands, remnants of maroon communities, and reserves.

The proposal, approved by 21 votes to zero, gives Congress the final say on the subject. The bill also prohibits expansion of demarcated land and entitles owners occupying demarcated areas—even on the boundaries—to receive compensation.

The controversial subject had been put off a number of times. Composed mostly of members of the agribusiness caucus, the committee that examined the bill overturned motions to remove the measure from the agenda and five requests to postpone voting. Moreover, indigenous leaders were barred from entering Congress to monitor the committee discussions.

Parties opposing the measure in Congress (including PT, PCdoB, PSOL, PV, and Rede) contended it is unconstitutional and left the meeting before a vote could be held. The proposal was approved with the votes of the remaining parties with members in the committee. The dissenting deputies said they are going to challenge the proposal in the Supreme Court for hurting the principle of the separation of powers and violating the individual rights of traditional people.

The bill is now pending two rounds of floor vote both in the Chamber of Deputies and the Senate. Favorable votes from at least 308 deputies (out of 513) and 49 senators (out of 81) are required for approval.

Translated by Mayra Borges