‘Urgent Declaration of Indigenous Peoples to Brazil’

Criticism of the Minister of the Federal Supreme Court (STF) Gilmar Mendes for suspending the procedural progress of all legal actions that deal with the constitutionality of the time frame was one of the main topics of the last day of the Terra Livre Camp (ATL), which took place between April 22nd and 26th, in Brasília.

The legal coordinator of the Articulation of Indigenous Peoples of Brazil (Apib), Maurício Terena, stated that there was great frustration among indigenous people with the minister’s decision, which took place during the ATL, and that this suspension should motivate indigenous mobilization.

Gilmar Mendes’ monocratic decision was also criticized by the Minister of Indigenous Peoples, Sônia Guajajara, who classified the minister as “anti-indigenous”. During the closing of the ATL Final Plenary, several Apib regional coordinators criticized the STF minister for suspending the process, the National Congress for approving a “setback” (including the time frame) and also said that they expect further action from the government of President Lula (PT) regarding demarcations and the rights of indigenous peoples.

“We were very frustrated, because this is a discussion that has to be held in the physical plenary, with open doors, with indigenous peoples sitting in the plenary”, defended Maurício. He recalled that minister Gilmar Mendes already considered the time frame unconstitutional, in a past vote and therefore considered the magistrate’s current decision as “questionable” and according to him it only harms indigenous peoples.

legal coordinator of the Articulation of Indigenous Peoples of Brazil, Maurício Terena / Fabio Rodrigues-Pozzebom/ Agência Brasil

After the National Congress overturned President Lula’s veto regarding the time frame, in December 2023, Apib, together with the Rede and Psol parties, filed a Direct Action of Unconstitutionality (ADI) with the STF, asking for Law no. 14,701 (timeframe) that the National Congress approved in September 2023, was judged unconstitutional.

20 years of ATL

“We managed to bring together more than 200 indigenous peoples this year and as we say that we are 305 indigenous peoples in Brazil, including those who chose to isolate, the event was very representative”, declared in the closing plenary the coordinator of the Articulation of Indigenous Peoples of Brazil Kleber Karipuna. He recalled that Apib was born from the Terra Livre Camp, in an “erroneous” celebration of “Indian Day” – a term currently rejected by indigenous people, given the plurality of peoples.

Young Kauê Terena participated in the ATL for the first time and listened attentively to the Apib coordinators speaking at the end of the Camp. In an interview with Brazil in fact, Kauê said he is very concerned about the setbacks that have been approved by Congress and Gilmar Mendes’ decision. “We expected that the time frame, which means the genocide of the indigenous people, would be blocked in the STF because it is unconstitutional, but I hope that the other ministers can change this situation”, declared the young indigenous man from Mato Grosso do Sul.

Urgent Declaration of the Indigenous Peoples of Brazil

At the end of the ATL, the Urgent Declaration of the Indigenous Peoples of Brazil was read, entitled ‘Land, Time and Struggle’, summarizing the main achievements of the five days of Camp.

One of the most incisive points of the letter was the criticism of Minister Gilmar Mendes for suspending the procedural progress of all legal actions that deal with the constitutionality of the time frame.

“On the first day of ATL mobilization, a decision by Minister Gilmar Mendes, rapporteur of actions on the Indigenous Genocide Law (14,701), highlighted once again his partiality in favor of ruralists and historically anti-indigenous”, highlighted the statement, adding : “Despite recognizing that the Law contradicts decisions made by the STF on indigenous lands, Mendes, instead of annulling the Law, suspended all actions aimed at guaranteeing the maintenance of indigenous rights.”

President Lula’s government was also criticized in the statement: “We reject any initiative by the federal government to return public policies without guaranteeing the essentials, the demarcation, protection and sustainability of indigenous territories”.

Finally, the declaration asks the federal government to fulfill the commitment made with Apib representatives in a meeting to install, within a period of 15 days, a task force, composed of the Ministry of Justice, Ministry of Indigenous Peoples, General Secretariat of the Presidency and General Attorney’s Office of the Union, to dialogue with the Three Powers and demarcate indigenous lands.

“We also hope that this Task Force will count on the effective participation of our people and organizations. We fight for the land, because it is there that we cultivate our cultures, our social organization, our languages, customs and traditions. And, above all, our right to remain indigenous lies in our lands and territories. We are citizens with rights, we are our own representatives, we support politics and we will continue to demarcate Brazil”, concludes the document.

:: Click here to receive news from Brasil de Fato DF on your Whatsapp ::

Source: BdF Federal District

Editing: Flávia Quirino