Indigenous territories and the protection of forests in the Brazilian Amazon

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Information about Indigenous territories and the protection of forests in the Brazilian...

Published on October 17, 2008

Author: rightsandclimate

Source: slideshare.net

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Fernando Baptista, Instituto Socioambiental, Brazil

Fernando Mathias [email_address] presented in Rights, Forests and Climate Change October 15/17, Oslo, Norge INDIGENOUS RIGHTS AND ENVIRONMENTAL CONSERVATION IN THE BRAZILIAN AMAZON

20 YEARS OF BRAZILIAN CONSTITUTION ♦ chapter on collective indigenous rights ♦ land rights – based on traditional occupation criteria ♦ criteria include lands: - permanently inhabited; - used for productive activities; - necessary to the preservation of natural resources needed to their well being; - necessary to their physical and cultural reproduction, according to customary law. ♦ demarcation possible even if there is no tenure, in case of past involuntary removal – conflicts on land use with farmers, loggers, cattleranchers 1988 - 2008

Constitutional indigenous territorial rights - State has nude property - Indigenous peoples have exclusive tenure rights and rights to use of natural resouces of soils, rivers and lakes - Lands inalienable and the rights over them imprescritible - Any third party act that refers to (i) ocupation, property or tenure of indigenous lands and (ii) exploitation of natural resources therein are null - Exceptions: mining and hidroeletric potentials, provided there is (i) consultation and (ii) congressual approval

1988 2008

Brazilian Amazon

Brazilian Amazon: Indigenous Lands and Protected Areas September 2008 Deducting the overlapping among protected areas and between those and indigenous lands, the total amount of effectively protected area is 21,24 % of the Amazon. Class quantity area (ha)‏ % in relation to the extension of the brazilian Amazon FEDERAL Protected Areas 131 62.972.766 12,58 Proteção Integral (no human use allowed 48 30.666.928 6,13 Uso Sustentável (sustainable use allowed)‏ 83 32.305.838 6,45 STATE Protected Areas 164 54.548.062 10,90 Proteção Integral 60 12.649.099 2,53 Uso Sustentável 104 41.898.963 8,37   INDIGENOUS LANDS 405 108.203.282 21,61

 

Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies (land title conflicts, deforestation, high-input agriculture, cattle ranching)‏ - Military occupation (human rights violations)‏ - Infrastructure projects (energy/dams, mining)‏ - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land

- State and federal colonization policies (land title conflicts, deforestation, high-input agriculture, cattle ranching)‏

- Military occupation (human rights violations)‏

- Infrastructure projects (energy/dams, mining)‏

- Legislative proposals to reduce rights

- Supreme court ruling on Raposa Serra do Sol indigenous land

Xingu river basin: Indigenous lands, protected areas and deforestation

Xingu headwaters

Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies‏ - Military occupation (human rights violations)‏ - Infrastructure projects (energy/dams, mining)‏ - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land

- State and federal colonization policies‏

- Military occupation (human rights violations)‏

- Infrastructure projects (energy/dams, mining)‏

- Legislative proposals to reduce rights

- Supreme court ruling on Raposa Serra do Sol indigenous land

 

Challenges and threats to Indigenous Territorial Rights - State and federal colonization policies‏ - Military occupation (human rights violations)‏ - Infrastructure projects (energy/dams, mining)‏ - Legislative proposals to reduce rights - Supreme court ruling on Raposa Serra do Sol indigenous land

- State and federal colonization policies‏

- Military occupation (human rights violations)‏

- Infrastructure projects (energy/dams, mining)‏

- Legislative proposals to reduce rights

- Supreme court ruling on Raposa Serra do Sol indigenous land

 

 

Legislative proposals to reduce indigenous rights Total: 70 bills of law – focus on demarcation process (1/3), mining & hydroeletric exploitation – 05 Constitution amendment proposals – 09 legislative decree proposals to anull Raposa Serra do Sol indigenous land

Total: 70 bills of law

– focus on demarcation process (1/3), mining & hydroeletric exploitation

– 05 Constitution amendment proposals

– 09 legislative decree proposals to anull Raposa Serra do Sol indigenous land

Raposa Serra do Sol major reference case Federative conflict: State of Roraima vs. Federal government Supreme court ruling shall define future rationale for demarcation 1 x 0 indigenous peoples so far more to come...

major reference case

Federative conflict: State of Roraima vs. Federal government

Supreme court ruling shall define future rationale for demarcation

1 x 0 indigenous peoples so far

more to come...

Takk! [email_address] Socioenvironmental balance: think twice before moving.

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