|  Justiça Global

A year of struggle together with indigenous peoples and quilombolas communities

The defence of traditional and indigenous peoples and their territories has been a constant mark of the work of Justiça Global.The case of the violations perpetrated against the Xukuru people is emblematic of this struggle. A historic hearing before the Inter-American Court of Human Rights took place in Guatemala in March and was attended by Justiça Global, the Indigenous Missionary Council (CIMI) and the Office of Legal Advice to Popular Organizations (Gajop). Leaders of the Xucurus were also present at the hearing, such as Cacique Marcos Xukuru, who exposed the critical situation his people has yet been subjected to, decades after being formally recongnized by the Brazilian State.

The delay of the Brazilian State in assuring the right of the Xukuru people of Ororubá to the demarcation of their traditional land is the crucial point of the demand, with consequent violation to several rights of this population. Between the beginning of the delimitation process, in 1989, and the homologation of the Xukuru Indigenous Land, in 2001, it took 12 years. Since then, the State has not yet completed the total ensure of non-intrusion of the area nor guaranteed the tenure of the entire territory to the Indigenous, who still suffer with the presence of squatters in their demarcated land. The ruling of the case is scheduled for the first half of 2018, and may represent the first international condemnation of the Brazilian State for violations committed against indigenous

At national level, the Justiça Global joined other organizations as amicus curiae in two cases that are processed in the Supreme Court (STF), which deal with the defence of indigenous peoples and their territories. In November, we empowered as amicus curiae in the civil action 1100, which deals with the demarcation of the Ibirima La-Klânõ Indigenous Reserve of the Xokleng people of Santa Catarina. In August, Global Justice was empowered as amicus curiae, along with other organizations, in the original civil action 469, seeking the restitution of lands traditionally occupied by the Kaingang people, the Indigenous Land Ventarra. In both cases, the STF will have the opportunity to position itself concretely on the thesis of the temporal framework; which establishes that the peoples would only be entitled to their lands if they were occupied on October 5, 1998, the date of the promulgation of the Constitution. Thus, there are great possibilities that decisions directly impact other cases involving indigenous and quilombola territorial rights.

 

Xukuru people fight for their land

The quilombola struggle was also an important part of the work of Justiça Global during the year. Similar to the threats that were spread against the indigenous peoples, the quilombola communities live a scenario of brutal attack against their constitutional right to the land. Justiça Global has been acting firmly in this resistance frontline, especially regarding the judgment of the ADI 3239, which seeks the declaration of unconstitutionality of the decree that regulates the entitlement of quilombola lands. Together with CONAQ and other Human Rights organizations, we actively participated in the campaign “Brazil is Quilombola”, a wide mobilization to pressure the STF Justices to recognize the constitutionality of the decree, as well as in the articulation of the case. The resumption of the ADI trial, scheduled for August, took place in November, and the vote of Justice Dias Toffoli once again raised the shadow of the time frame as an impediment to assure the rights of Quilombola people. The continuity of this trial is scheduled for February 2018.

The denunciations of violations of the rights of quilombola communities were also brought before the Inter-American Commission on Human Rights. At the hearing held in October in Uruguay, Justiça Global worked together with CONAQ and other organizations to explain the worsening of historical violations suffered by these communities, especially the large delays in the entitlement of quilombola lands, as a result of the enslaving and racist heritage which permeates the social structure and institutional functioning of the country.

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