2024-04-08 12:49:08
We were wrong: Since the beginning of 2023, the Lula government has approved eight Indigenous Lands, and not six, as was initially reported.
Text updated at 2:25 pm on 4/8/2024
On April 22, the ATL, Acampamento Terra Livre, will begin, bringing together thousands of indigenous representatives from all regions of the country in Brasília. ATL is a tradition of the indigenous movement, it has been taking place since 2004 and was only suspended at the height of the pandemic. In 20 years of existence, the mobilization discussed and evaluated the actions of the three powers of the Republic in relation to the demands of indigenous peoples.
This year, the main focus of attention will be the Lula government’s performance in relation to its policies, programs, initiatives, competencies and budgets related to the demands of original populations.
With one year and one hundred days in office, it will be possible for indigenous leaders to present the results achieved and the difficulties faced in each area. In turn, the delegations will report on life situations in the territories, express criticism and demand solutions for existing issues. More than before, expectations exceed results, but there is collective learning underway about how the State (does not) operate.
Indigenous people stage a protest in defense of demarcations, in Congress, in 2015 | © Marcelo Camargo / Agência BrasilDemarcação
The biggest concern is with the demarcation of Indigenous Lands (TIs). So far, President Lula has approved eight completed demarcations, but there are 66 processes with areas already declared and pending presidential decrees. It is also expected that the Ministry of Justice will resume its task of declaring the limits of the areas to be physically demarcated. This attribution, which had been transferred to the Ministry of Indigenous Peoples (MPI) at the beginning of Lula’s mandate, was returned to the MJ, who, however, had to form a new team to be able to exercise it. The expectation, then, is that, by the end of the ATL, the government will announce approvals and declarations, in addition to the identification of other territories (find out what the demarcation process is like).
Although there are always opposing interests in these processes, some of them have no implications in relation to the restrictions that are being proposed by Congress and analyzed by the STF. It is important that the federal government continues with the demarcations, as delay tends to worsen conflicts.
The ATL must protest against the approval by Congress, without any discussion with indigenous organizations, of Law 1.4701/23, which provides restrictive measures for demarcation, in addition to the “time frame” of 1988, already declared unconstitutional by the STF. The constitutionality of this law is being questioned in the STF and it is expected that the rapporteur, minister Gilmar Mendes, will present his report and facilitate a quick decision by the plenary, putting an end to the current situation of legal uncertainty.
Disintrusion
Another major concern is the lands that, even though demarcated, are subject to continuous invasions by land grabbers, loggers and miners. The case of TI Yanomami (AM-RR) is the most obvious, with the persistence of mining hotspots, linked to drug trafficking, after a year of operations to put an end to them. A “government house” is being installed in Boa Vista, to better coordinate actions to remove the invaders (disintrusion), health care and restoring the living conditions of indigenous communities in the invaded regions.
There are other situations, such as the Munduruku and Kaiapó TIs (PA), which were subject to specific inspection operations, but continue to be occupied by mining. The government claims that there is a lack of human and financial resources to support several simultaneous deintrusion operations, but that these areas’ turn will come.
There are also cases such as the Apiterewa and Trincheira-Bacajá TIs (PA), which were completely excavated and where, now, it is necessary to facilitate the recovery and indigenous reoccupation of the parts of these territories that were invaded and deforested.
Protest during ATL 2016 | Ninja MediaHealth
The debate over indigenous health care policy will be tense. It is a critical topic, by nature, and, although the seriousness of the current management is recognized, the results leave something to be desired. The leaders know that it is only now, in 2024, that the government is managing its own budget and that the dismantling carried out by the previous government was extensive. But the health situation, in general, is very serious and no significant improvement is seen.
In addition to budgetary and logistical challenges, there is a chronic shortage of qualified technical personnel willing to work in the field. The system operates through precarious agreements, subject to political influence and irregularities. It is expected that the Ministry of Health will take advantage of the ATL opportunity to discuss structural measures to consider the hiring of technical staff, among other topics.
The appointment of people nominated by politicians to coordinate the DSEIs, the Special Indigenous Health Districts, in the regions, is a factor of tension. At the beginning of the government, many of those nominated by local organizations were appointed, but some of them were poorly evaluated and replaced. When choosing replacements, political nominees have prevailed over technical qualifications.
Socio-environmental management
Another issue of concern is the delay in restructuring the National Foundation for Indigenous Peoples (Funai), which was also dilapidated under the previous government. Its duties and initiatives are being resumed, but the lack of staff and resources remains evident, especially in regional coordination, weakening its presence in the territories and support for the communities’ demands.
Funai’s presence is important to build and implement the PGTAs, the Territorial and Environmental Management Plans, which are the basis of the PNGATI, the National Environmental Management Policy for ITs. Through PGTAS, communities organize the occupation and use of territories, build their projects and coordinate the actions of other areas and spheres of government.
There is also a growing expectation that the government and Congress will regulate payment for environmental services and access to the carbon market in ILs. Local leaders have been harassed by companies interested in private contracts in the carbon market, and by state governments, which build “jurisdictional” projects.
Then-candidate Luís Inácio Lula da Silva speaks at ATL in 2022 | Ninja MediaRegional articulation
This year, preparatory meetings for the ATL are taking place in several states. Upon leaving their territories and before embarking for Brasília, indigenous representatives have met in state capitals to coordinate their activities in the ATL, but also to discuss pending issues and projects with state governments. The interface between indigenous demands and local powers is increasing.
We are six months away from the municipal elections and, although it is not yet possible to count precisely, there are a large number of indigenous candidates in all regions. The degree of progress in indigenous policies is a relevant asset for its intentions.
This ATL promises to be marked by the intensification of the fight for rights, given the threats coming from Congress, but also by the aftermath of the indigenous movement’s unprecedented involvement with State policies. It is expected that he will leverage indigenous policies, with a sense of urgency.
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