Brazil president vetoes parts of controversial bill limiting indigenous land rights News
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Brazil president vetoes parts of controversial bill limiting indigenous land rights

Brazilian President Luiz Inacio Lula da Silva vetoed multiple articles of Bill 2903/2023 on Friday, which aimed to define management rules and establish a time frame for the demarcation of indigenous lands.

Bill 2903/2023, initially proposed as PL 490/2007, was approved by the Federal Senate on September 27. The bill’s controversial provisions included the establishment of a time frame for the recognition of indigenous lands, limiting the traditional occupation rights of indigenous communities based on possession prior to October 5, 1988. This time frame concept was previously rejected by the Federal Supreme Court, which emphasized that indigenous rights were not contingent upon specific dates or persistent conflicts during the promulgation of the Constitution.

The bill also faced criticism for infringing upon the acquired rights of indigenous peoples and failing to recognize the declaratory nature of the demarcation process. It proposed compensating non-indigenous individuals who exercised possession of demarcated areas before the completion of the demarcation procedure. Additionally, concerns were raised about forced contact with indigenous peoples in voluntary isolation, which advocates say would violate their rights to social organization, customs, languages, beliefs and traditions.

Reacting to the President’s veto, the Federal Public Ministry’s Chamber of Indigenous Populations and Traditional Communities released a statement affirming their previous stance against changing the legal regime for demarcating indigenous lands through ordinary law. The Chamber of Indigenous Populations and Traditional Communities stressed that fundamental rights of indigenous peoples are permanent and cannot be altered without amending the Constitution.

The bill’s approval by the Constitution and Justice Committee of the Senate sparked widespread backlash from indigenous communities and their allies. Over the years, protests against the “Time Limit Trick” and related policies, including PL 490/2007 (now PL 2903), gained momentum both within Brazil and internationally. Indigenous activists and organizations, along with groups like Survival, had vehemently opposed the bill, emphasizing the potential threat it posed to indigenous land rights.