Current:Home > ScamsTears of joy after Brazil’s Supreme Court makes milestone ruling on Indigenous lands-LoTradeCoin
Tears of joy after Brazil’s Supreme Court makes milestone ruling on Indigenous lands
View Date:2025-01-11 09:38:12
RIO DE JANEIRO (AP) — Indigenous people celebrated Thursday after Brazil’s Supreme Court ruled to enshrine their land rights, removing the imminent threat those protections could be rolled back.
The justices had been evaluating a lawsuit brought by Santa Catarina state, backed by farmers, seeking to block an Indigenous group from expanding the size of its territorial claim. Nearly all of the high court’s justices voted to support the Indigenous group, which has far-reaching implications for territories nationwide.
Dozens of Indigenous people in traditional yellow feather headdresses and body paint danced, sang and jumped around in front of a multitude of flashing cameras in the capital of Brasilia after the decisive vote was cast. Some wiped away tears of joy.
“I’m shaking. It took a while, but we did it. It’s a very beautiful and strong feeling. Our ancestors are present — no doubt about it,” said Jéssica Nghe Mum Priprá, who is from the Xokleng-Laklano Indigenous group.
In the case before the court, Santa Catarina state argued a legal theory being pushed by opponents of further land allocations for Indigenous groups. It said that the date Brazil’s Constitution was promulgated — Oct. 5, 1988 — should be the deadline for when Indigenous peoples to have already either physically occupied land or be legally fighting to reoccupy territory. They also claimed it would provide legal certainty for landholders.
Nine of the court’s 11 justices rejected that argument.
“Areas occupied by Indigenous people and areas that are linked to the ancestry and tradition of Indigenous peoples have constitutional protection, even if they are not demarcated,” said Justice Luiz Fux, who cast the vote that established the majority.
The two justices who voted to support Santa Catarina’s position were appointed by the President Jair Bolsonaro, who was a vocal opponent of expanding Indigenous territories and supported their assimilation.
Indigenous rights groups argued the concept of the deadline was unfair, saying it does not account for expulsions and forced displacements of Indigenous populations, particularly during Brazil’s two-decade military dictatorship.
The lawsuit put at risk the status of Brazil’s hundreds of Indigenous territories, said rights group Articulation of Indigenous Peoples of Brazil, known by the Portuguese acronym Apib.
Large groups of Indigenous men and women from different states and ethnicities had gathered in and around Brasilia in recent months during the high court’s deliberations.
Francisco Cali Tzay, the U.N. special investigator on the rights of Indigenous peoples, had urged Brazil’s Supreme Court to protect Indigenous lands.
“Under the constitution, Indigenous peoples are entitled to the permanent possession of the lands they traditionally occupy,” Tzay said in a 2021 statement.
He said a ruling in favor of business interests “could legitimize violence against Indigenous peoples and inflame conflicts in the Amazon rainforest and other areas.”
Though the case involved only one Indigenous group, the Supreme Court gave it “general repercussion” status, meaning the ruling will serve as a precedent for all instances of justice involving Indigenous groups.
It thus applies to hundreds of administrative procedures and legislative initiatives that are in progress and is likely to torpedo a proposal in Congress to enact the same 1988 deadline.
However, that legislation also carries other threats to Indigenous rights, potentially opening the door to an easing of restrictions on mining, dam construction, agricultural and transportation projects in Indigenous lands.
“We’ve won the battle, but not the war,” Dinamam Tuxá, executive coordinator of Apib, said in Brasilia. “We will continue to fight for Indigenous territories to be demarcated, so that the rights of indigenous peoples are safeguarded and protected.”
Since taking office in January, President Luiz Inácio Lula da Silva has given significantly more attention to the demands of Indigenous peoples than his predecessor, Bolsonaro.
He created the country’s first Ministry of Indigenous Peoples, headed by Indigenous woman Sonia Guajajara, and demarcated eight new Indigenous territories.
Indigenous territories cover nearly 14% of Brazil’s vast expanse, according to data from the Instituto Socioambiental. The process to officially establish an Indigenous territory can take decades.
___
Associated Press videojournalist Eduardo François in Brasilia contributed to this report.
veryGood! (4154)
Related
- Megan Fox and Machine Gun Kelly are expecting their first child together
- Here's how much Caitlin Clark will make in the WNBA
- Jawbone of U.S. Marine killed in 1951 found in boy's rock collection, experts say
- Walmart's Flash Deals End Tomorrow: Run to Score a $1,300 Laptop for $290 & More Insane Savings Up to 78%
- Family of security guard shot and killed at Portland, Oregon, hospital sues facility for $35M
- Most student loan borrowers have delayed major life events due to debt, recent poll says
- These Cookbooks Will Save You From Boring Meals This Summer
- Workers at Mercedes factories near Tuscaloosa, Alabama, to vote in May on United Auto Workers union
- IAT Community Introduce
- Civilian interrogator defends work at Abu Ghraib, tells jury he was promoted
Ranking
- Bo the police K-9, who located child taken at knifepoint, wins Hero Dog Awards 2024
- Hawaii Supreme Court chides state’s legal moves on water after deadly Maui wildfire
- Looking to stash some cash? These places offer the highest interest rates and lowest fees.
- Puerto Rican parrot threatened by more intense, climate-driven hurricanes
- The White Stripes drop lawsuit against Donald Trump over 'Seven Nation Army' use
- Average long-term US mortgage rate climbs above 7% to highest level since late November
- Nelly and Ashanti’s Baby Bump Reveal Is Just a Dream
- 'Harry Potter,' 'Star Wars' actor Warwick Davis mourns death of wife Samantha
Recommendation
-
Inter Miami's MLS playoff failure sets stage for Messi's last act, Alexi Lalas says
-
Travis Barker Proves Baby Rocky Is Growing Fast in Rare Photos With Kourtney Kardashian
-
Woman dies after riding on car’s hood and falling off, police say
-
Jimmy Kimmel mocks Donald Trump for Oscars rant, reveals he may now host ceremony again
-
RHOBH's Kyle Richards Shares Reaction to BFF Teddi Mellencamp's Divorce
-
Rap artist GloRilla has been charged with drunken driving in Georgia
-
Tesla again seeks shareholder approval for Musk's 2018 pay voided by judge
-
Workers at Mercedes factories near Tuscaloosa, Alabama, to vote in May on United Auto Workers union