Lula homologates indigenous lands in Bahia and Mato Grosso
On the eve of Indigenous Peoples' Day, President Luiz Inácio Lula da Silva participated in a meeting to reopen the National Council for Indigenous Policy (CNPI). During the event at the Ministry of Justice and Public Security headquarters on Thursday (Apr. 18), he also signed a decree demarcating two additional indigenous lands: Aldeia Velha in Bahia and Cacique Fontoura in Mato Grosso.
However, there was an expectation that the president would approve four more indigenous lands, some of which have a long history of dispute over demarcation. These include Morro dos Cavalos and Toldo Imbu in Santa Catarina, Potiguara de Monte-Mor in Paraíba, and Xukuru Kariri in Alagoas.
"Last week, Minister [Ricardo] Lewandowski [of Justice and Public Security] brought me six indigenous land documents to sign today, in front of you. However, we decided to sign only two. I know this may have disappointed some of you, but I chose honesty rather than making false promises. We acknowledge there are issues to address before signing further documents," said Lula, addressing dozens of indigenous individuals and organizations. The president highlighted one of the primary challenges in these territories: occupation by non-indigenous people. He also admitted to responding to requests from governors.
"We have some lands occupied by farmers, while others are occupied by ordinary people, possibly as impoverished as us. There are some with 800 non-indigenous people occupying them, and others with even more occupants. Some governors have requested additional time to address this issue, as I cannot simply send in the police to forcefully remove them. We must handle this situation carefully. Two governors, who are allies of ours, have requested this time, and we intend to grant it," argued the president.
Lula emphasized the need for caution and drew parallels with a previous bill's approval process, which set a temporal framework for demarcating indigenous lands. Although the president initially vetoed the bill, Congress overturned the veto. However, the temporal milestone thesis, previously deemed unconstitutional by the Federal Supreme Court, is expected to be invalidated once again by the court.
"What we don't want to do is promise you something today, only for you to read in the newspaper tomorrow that the courts have ruled against it. That would lead to even greater frustration, as we experienced with the time frame, as you've seen. I vetoed everything, but my veto was overturned. Now, we're still fighting in the courts to uphold the decision that the Supreme Court had already made."
With the approval of the two new areas on Thursday, Lula's government has now demarcated a total of 10 indigenous lands since the beginning of his third term in office. By 2023, eight territories had already been demarcated. These processes had been halted since 2018, as former president Jair Bolsonaro declared a moratorium on demarcations during his administration.
At the event marking the reopening of the CNPI, which had been halted by the previous government, Minister of Indigenous Peoples Sônia Guajajara emphasized the enduring historical struggle.
"It is because of the diversity and cultural specificities of the 305 peoples present in the country, who speak more than 274 different languages, that differentiate us from the national society. The peoples are fighting for specific and differentiated policies, which cannot be confused with privileges," she said.
The original right of traditional indigenous occupation is provided for in the 1988 Federal Constitution, which guarantees permanent possession and exclusive usufruct for these peoples. The lands are considered inalienable and unavailable, and the original rights over them being imprescriptible, meaning they are permanent.
Repercussion
On the side of indigenous organizations, the non-approval of the four areas was met with disappointment. "We feel frustrated. We're over 400 days into the new government, and since the transition, it was agreed that 14 lands would be approved, free of any legal impediment. There is no legal impediment. We agreed that these lands would be ratified within the first 100 days of the government, and that didn't happen," said Dinamam Tuxá, executive coordinator of the Articulation of Indigenous Peoples of Brazil (Apib), to Agência Brasil.
Tuxá expressed surprise at the president's decision to consult governors on the issue, as it is not outlined in the Federal Constitution or in Decree 1775. "What is most surprising is that the president claims to have consulted the governors, despite the absence of such a procedure in our constitution and in Decree 1775. So let's stick to the rules. Without a doubt, we will continue to be vigilant and active in demanding the demarcation of as many suitable lands as possible," he stated.
