Clash Between Indigenous Peoples and
the Brazilian State
Law Project 490 and its impact on the Indigenous community’s livelihood
Written by Isabela Lima
Photo by Rafael Vilela on Ninja Media for Universidade À Esquerda
Translation of message in picture: "PL 490 is death"
In Brazil it is commonly taught that, in the year 1500, the Portuguese discovered the country and developed it during its years of colonization. However, the idea of "discovery" is disproved the moment we learn about the approximately 3 million Indigenous People who inhabited the entire territory before the European’s arrival.
Today, after centuries of cultural erasure and displacement, the population has dropped to 900 thousand, and with current events such as the voting of the Law Project 490/2007 (PL 490) and the invasions of Indigenous lands, it has become apparent that the reality of colonization is not a thing of the past.
What is the PL 490/2007?
The PL 490, which had been circulating in the National Congress since 2007, has finally been approved to proceed with its agenda. The long awaited bill has been supported by ruralists and evangelical groups, as well as by the country’s government (Ministry of the Environment) itself.
In summary, PL 490 aims to make the demarcation of Indigenous lands unviable, as its main amendment provides that new demarcations of territories will be made on the basis of a "temporal framework" (marco temporal, in Portuguese).
This means that, in order for Indigenous People to have their territory legally assured, they would have to prove they were in possession of the land as of 1988 - the day the Brazilian Constitution was promulgated. This bill is an attempt against the erasure of Indigenous Peoples land rights.
However, PL 490 also states that the Indigenous communities that have chosen to be isolated should be respected. Notwithstanding, if it deems it necessary or is in the public’s interest, the State can defy this ordinance. Namely, the bill opens space for demarcation flexibility and facilitates the use of these territories for harmful activities such as mining, agribusiness, and timber extraction.
Temporal Framework
Certainly, the creation, or lack thereof a "temporal landmark" is considered the most controversial aspect of the project.
Translation of message in picture:
“The Karajá People says no to the PL 490 and no to the Temporal Framework. Our history does not begin in 1988”
Photo by Thiago Miotto to Faculty Association of the Federal University of Ouro Preto (UFOP)
The Indigenous Peoples of Brazil believe that, in addition to the history of persecution and displacement they have and continue to face, the framework will lead to the complete expulsion from their lands and even extermination. In the same matter, the bill will also make it even more difficult for non-isolated groups (uncontacted people) to maintain their lands which are already constantly under threat due to deforestation, agribusiness, etc.
"This perverse thesis (PL 490) disregards the history of violence to which Indigenous populations were subjected before 1988, as well as the threats and murders that resulted in the expulsion of communities from their lands," the executive secretary of the Indigenous Missionary Council (CIMI, by its acronym in Portuguese), Antônio Eduardo Oliveira, denounced.
The opposition also mentions the struggle of the isolated villages to prove they were at their territory, as they are constantly on the move, fleeing to better preserved areas of the Amazon rainforest. Moreover, it is also impossible for these groups to have official documents that date back to 1988 to prove authenticity.
The Pros and Cons
The opposition to PL 490 also stems from the concern towards the Brazilian environment, as there is scientific research that proves Indigenous land management to favor ecological balance. In the same way, they affirm that the Law Project goes against the Brazilian constitution, which, in Article 231, guarantees indigenous peoples the maintenance of their customs and traditions.
Likewise, the bill has also been accused of violating the Constitutional Charter and general isolated villages procedure due to the projects’ potencial agenda for expansion.
According to the lawyer of the Socio-environmental Institute, Paula Batista, external contact with these groups would not only result in a culture clash but could also provoke epidemics, precisely due to the Indigenous Peoples’ lack of contact with "the outside world", which, in turn, makes the members have a compromised immunological system.
On the other hand, supported by the current Brazilian government, the rural caucus claims that land demarcation hinders the country's economic development, arguing that industries such as agribusiness and mining are slowed down by the supposed excessive concentration of Indigenous lands.
In fact, the President of Brazil Jair Bolsonaro, and one of the biggest supporters of the PL's agendas, stated that in the country “there is too much land for a few natives”.
Thus, the Brazilian Agriculture, Livestock, Supply, and Rural Development Commission affirms that, if the bill is not approved, “all Brazilian lands will return to the natives” using the argument that the lands were originally of Indigenous possession.
In this sense, the bill opens several loopholes in regards to isolated communities’ land rights. Namely, it will be easier to limit (i.e., take) native’s territories which is something that favours evangelical groups, as they are always looking for easier ways to access them as a way to evangelize the natives. This is a situation often compared to the Jesuit Missions carried out during the colonial period as it aimed for the same objective of evangelization.
The Indigenous Peoples’ Response
In response, the project "Levante Pela Terra" (Uprising for the Land), created by the The Brazilian Indigenous People Articulation (APIB, by its acronym in Portuguese), organized a camp against the PL 490 that has managed to gather more than 800 individuals from 45 different Indigenous Communities. In addition, numerous protests have erupted throughout Brazil and held by Indigenous communities, such as the Guarani People.
Photo from Ninja Media for Brasil de Fato
Likewise, a series of peaceful protests were carried out in the National Congress; however, Indigenous protesters were received by police force, leaving various injured, according to APIB.
Despite the pressure, the PL 490 was approved by the National Congress and is currently in the Plenary of the House - the highest decision-making body of the Legislative Power in Brazil - and will be voted on in August. If approved by the House, it will go to the Senate and then go through the last phase of approval, made by the President of the Republic, to become valid.
In summary, the possibility of the Law Project 490’s approval not only represents the reality of modern colonization and how far society is from paying off the debt it owes to Indigenous People. Indigenous Peoples’ rights are not always protected, having them continuously fight for what should be rightfully theirs. It is always important to recognize that the Indigenous population is indispensable to society, as it not only provides irreplaceable cultural, social, and environmental contributions but because they are also human and worthy of dignity.
