The United Nations Human Rights Office considered the ruling of Brazil’s Federal Supreme Court (STF) recognizing the historic right of indigenous peoples to their ancestral lands as “very encouraging” since a contrary ruling would have had “serious consequences” and aggravated the ” “historical injustices” suffered by these communities.
The justices struck down the so-called “temporal framework,” a doctrine that held that indigenous peoples only had the right to land occupied in 1988, the date the current constitution was adopted. Although the UN considers the ruling to be “essential”, it also believes that “it alone is not enough” to protect the rights of these populations, as the spokeswoman for the High Commissioner for Human Rights, Marta Hurtado, emphasized.
The spokesperson recalled that the Supreme Court has not yet decided on possible compensation for land acquired “in good faith”, which is why she trusts that there will be a “quick solution”. He also demanded that indigenous peoples’ access to their historic lands not be prevented.
Hurtado called for “an active and systematic policy” that allows indigenous peoples to be protected from violence, “including the violence of those who illegally invade their lands,” as shown by the scale of attacks on the Yanomami community in Roraima promoting the exploitation of natural resources.
On the other hand, he has expressed “concern” about a bill currently being considered in Congress that aims to impose the same temporary restriction rejected by the Supreme Court.