|
| |
Indigenous Peoples:
Basics:
 | The indigenous population is comprised of approximately 350,000
individuals. |
| Make up no more than 0.2% of the population of Brazil
 | this is only those living in villages, not those in cities and the
groups not yet contacted (indication of at least 53 yet to be contacted)
|
|
Indigenous Lands:
| Brazil has around 561 areas of indigenous lands. |
| The total area of these lands is approximately 98,852,656 hectares (ll.56%
of the area of the country) |
| 289 are located in the northern region totaling 83,194,265 hectares
(84.18% of total indigenous lands) |
| Remaining l5.82% are in areas along the northeast, southeast , south and
central south areas. |
| From January 95 to July 2000 (under President Cardoso ) 82
indigenous lands were declared,(28,043,812 hectares) |
| ll5 lands were ratified (3l,344,576 hectares). |
| Constitution defines indigenous lands as those that are:
| (i) Lived in permanently by one defined community |
| (ii) Used by them for their productive activities |
| (iii) Vital for the preservation of the environmental resources
necessary for their well-being |
| (iv) Necessary for their physical and cultural reproduction. The
definition of these elements must be made in accordance with indigenous
usage, customs and traditions |
|
| Boundaries of the indigenous territories should be fixed by the Union |
Rights:
| Indigenous rights in Brazil are protected constitutionally and
infra-constitutionally |
| Chapter VIII of Article VIII (of the Social Order) in the text of the
Constitution recognizes their rights.
|
| Constitution guarantees:
| Acceptance of their social organization, their customs, languages,
beliefs and traditions; |
| The natural and imprescriptible rights over the lands which they
traditionally occupy are considered to be inalienable and untransferable; |
| Permanent possession of these lands; |
| The use of and profits from the riches in the soil, in the rivers and
the lakes |
|
| Indians must not be moved from their lands under any circumstances except
| in case of a disaster or epidemic which could put their population at
risk |
| in the sovereign interest of the country, this being conditional upon
the will of the National Congress |
|
| Their return is to be guaranteed in all cases immediately after the risk
is over |
| Constitutional Act declares to be null and void all the Acts which affect
the occupation, appropriation, or dominion over the indigenous lands, as well
as the exploitation of their natural riches, with the sole exception of acts
founded on a relevant public interest of the Union, a matter on which the
Constitution itself would send for a ruling from a complementary seat of law |
| To participate and be heard in issues pertaining to exploitation of water
resources, including energy sources and minerals, existing in indigenous
lands.
| Laws/regulations pertaining to such issues can only be authorized by the
National Congress |
|
| To use their native languages and their own methods of apprenticeship, as
well the protection of, and a high regard for, their cultural expression,
considering them to be an integral component of the national cultural heritage |
Infra-Constitutional Legislation: (need to do more
reading still)
Recently:
Source:
http://www.brazil.org.uk/page.php?cid=207&offset=1
|
