Bolsonaro's Indigenous Land Grab: Law Change On The Horizon?

On his first day in office, President Jair Bolsonaro of Brazil issued a provisional measure (Medida Provisório 870) taking away the responsibility for indigenous land demarcation from the government’s indigenous affairs agency, FUNAI, and handing it over to the agriculture ministry. Bolsonaro has always taken the side of the farmers, and his government has watered down state protections for existing Indigenous territories and refused to demarcate any new Indigenous territories. Bolsonaro's new decree will, in effect, end the demarcation of new indigenous lands, threatening the survival of the indigenous communities and the biodiversity they maintain.

Bolsonaro's anti-indigenous politics

Since his election in 2018, Brazilian President Jair Bolsonaro has consistently pursued anti-indigenous policies. Before his election, Bolsonaro stated that he would not allow the demarcation of Indigenous territories in Brazil. He has kept this promise, refusing to demarcate any new Indigenous territories and watering down state protections for existing ones.

One of Bolsonaro's first acts as president was to issue Provisional Measure No. 870 (MPV 870), an order granting the Ministry of Agriculture the authority to delimit lands traditionally occupied by native peoples. Previously, this responsibility lay with the National Indian Foundation (FUNAI), a government protection agency. Bolsonaro also shifted authority over the regularization of quilombola territory (land belonging to runaway slave descendants) from the government’s agrarian reform institute, INCRA, to the Ministry of Agriculture.

These measures provoked significant opposition and were criticized as a direct conflict of interest, giving agribusiness the political power to invade and transform indigenous territories. Bolsonaro's actions have been seen as a threat to the rights of Indigenous peoples guaranteed by the Federal Constitution of 1988. The Articulation of Indigenous Peoples of Brazil (APIB) stated that Bolsonaro's actions "reinforce the systemic omission of and actions against Indigenous rights" and violate international treaties.

In addition to these administrative changes, Bolsonaro has also pursued legislative action to further his anti-indigenous agenda. He presented a draft bill to Congress to regulate mining, hydroelectric power projects, and other commercial enterprises in Indigenous territories. This bill, known as Bill of Law n. 191, aims to release mining activities within indigenous lands by regulating the "research and extraction of mineral and hydrocarbon resources and the use of water resources to generate electricity." This bill has been denounced by Indigenous leaders as a ploy to speed up the devastation of their lands.

The Bolsonaro government has also been criticized for its failure to protect isolated Indigenous peoples. It has refused to renew land usage restrictions for areas inside the Piripkura and Ituna-Itatá Indigenous territories, leaving them vulnerable to attacks from illegal loggers and miners.

Overall, Bolsonaro's anti-indigenous politics have resulted in increased deforestation, violence, and insecurity for Indigenous communities in Brazil, threatening their way of life and the environment.

The impact on the environment

The Amazon is the world's largest rainforest and one of the most important carbon sinks, critical for mitigating climate change. The accelerated destruction of the Amazon is driving it towards an irreversible "tipping point" where it will become a dry savannah and release billions of tons of stored carbon into the atmosphere.

Bolsonaro's changes to laws on indigenous land have also opened up these territories to mining and large-scale infrastructure projects, such as hydroelectric dams. These projects require roads, which grant easier access to the rainforest for illegal loggers and cattle ranchers, further driving deforestation.

In addition, Bolsonaro's changes have left indigenous peoples living in voluntary isolation at greater risk. These peoples are known to be the best stewards of the Amazon, and their ability to defend their forests has been threatened by the government's failure to enforce the law and hold criminal networks accountable.

The full extent of the environmental impact of Bolsonaro's changes to laws on indigenous land is yet to be seen, but it is clear that they have had a detrimental effect on the Amazon rainforest and the planet as a whole.

The role of the National Congress

The National Congress of Brazil has played a significant role in shaping the laws and policies affecting indigenous land rights.

In January 2019, President Bolsonaro issued Provisional Measure No. 870 (MPV 870), which transferred the responsibility for indigenous land demarcation from the National Indian Foundation (FUNAI) to the Ministry of Agriculture, Livestock, and Supply. This move was highly controversial and sparked widespread opposition. FUNAI is a government protection agency that was previously responsible for safeguarding indigenous land rights and interests. By transferring its key functions to the Ministry of Agriculture, critics argued that the government was prioritizing agricultural and commercial interests over the protection of indigenous rights.

The National Congress rejected this Provisional Measure, demonstrating its support for indigenous communities and their land rights. As a result, the measure was not converted into permanent law, and the responsibility for indigenous land demarcation remained with FUNAI.

However, President Bolsonaro has continued to pursue policies that threaten indigenous land rights. In February 2020, the Executive Branch submitted Bill of Law n. 191 to the National Congress. This bill aimed to legalize and regulate mining activities within indigenous lands, allowing for the research and extraction of mineral and hydrocarbon resources. Despite facing scrutiny and criticism, the bill has been under analysis in Congress for an extended period.

While the National Congress has shown support for indigenous rights in some instances, such as rejecting MPV 870, it is essential to recognize that it is also influenced by powerful lobbying groups, such as the agribusiness lobby, which may advocate for policies that prioritize economic interests over indigenous protection.

The future for Brazil's indigenous peoples

Brazil's new president, Luiz Inácio Lula da Silva, has been elected on a platform of environmental conservation and respect for Indigenous rights. However, the future for Brazil's indigenous peoples remains uncertain, with Bolsonaro's powerful allies still dominating the nation's legislative branch.

During his time in office, former President Jair Bolsonaro consistently attacked indigenous land rights, refusing to demarcate any new indigenous territories and watering down state protections for existing ones. Bolsonaro's actions were driven by his belief that allowing indigenous tribes to occupy territories was "economic suicide". He issued a provisional measure, known as MPV 870, which transferred the responsibility for indigenous land demarcation from the government's indigenous affairs office, FUNAI, to the Ministry of Agriculture, Livestock, and Supply. This measure was met with significant opposition and was challenged in the courts, with Justice Luiz Roberto Barosso ruling that it was unconstitutional.

In addition to his attacks on indigenous land rights, Bolsonaro also planned to legalize crimes against indigenous peoples by allowing commercial exploitation of natural resources in their territories. This would have invited even more encroachment on and deforestation of indigenous land, with mining and large-scale infrastructure projects driving roads deeper into the rainforest.

The Articulation of Indigenous Peoples of Brazil (APIB) has spoken out against Bolsonaro's actions, stating that they "reinforce the systemic omission of and actions against Indigenous rights" and violate international treaties.

While the National Congress appears to be on the side of indigenous peoples, the future remains uncertain due to the influence of powerful industries clamoring for access to indigenous lands. Brazil's indigenous communities are known to be the best stewards of the Amazon, but they continue to face attacks and violence from those engaged in illegal deforestation and land invasion.

The legislative battle for indigenous land rights in Brazil is ongoing, and it remains to be seen whether the new administration will be able to protect the rights and territories of the country's indigenous peoples.

Bolsonaro's relationship with the bancada ruralista agribusiness lobby

Brazil's President Jair Bolsonaro has been criticised for his stance on indigenous land rights and environmental protection. Bolsonaro has been accused of attempting to end the demarcation of new indigenous lands and refusing to renew land usage restrictions for areas inside existing indigenous territories. This has led to increased deforestation and attacks on indigenous communities by illegal loggers and miners.

Bolsonaro has sought the support of the bancada ruralista and has made concessions to the group in return for their backing. For example, he reversed his decision to merge the ministries of agriculture and the environment, a proposal that divided the ruralistas. He also appointed Tereza Cristina Da Costa, a deputy and president of the bancada ruralista, as his Minister of Agriculture. Cristina Da Costa's views on agribusiness and environmental regulation are seen as conservative and aligned with the interests of the lobby.

The influence of the bancada ruralista on Bolsonaro's administration is evident in the policies he has pursued. Bolsonaro has weakened environmental protections and scaled back law enforcement against illegal deforestation and mining activities in indigenous territories. He has also proposed legislation to legalise commercial exploitation of natural resources in these areas, which would further threaten indigenous lands and ways of life.

Multinational corporations, such as Bayer, Basf, Syngenta, JBS, Cargill, and Nestlé, have also been implicated in influencing Bolsonaro's administration through their funding of the agribusiness lobby. These companies have held numerous meetings with the Bolsonaro administration, and their interests in promoting agribusiness and dismantling socio-environmental regulations have aligned with the president's policies.

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