GLOBAL INDIGENOUS: ‘Unprecedented' move raises land concerns in Brazil

Yahoo

09-04-2025

Deusdedit RuhangariyoSpecial to ICT
Around the world: Brazil's Supreme Court pulls mining on Indigenous land from proposed legislation, Rio Tinto invests $926 million with Indigenous businesses in Australia and a Mi'kmaw artist in Canada uses art to spur activism and promote Indigenous sovereignty
Brazil's top court removed mining from a controversial bill on Indigenous lands, but critics warn that compensation for settlers still threatens the land demarcation process, Mongabay reported on April 3.
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In February, Justice Gilmar Mendes of Brazil's Supreme Federal Court presented a draft bill allowing the federal government to carry out activities of 'relevant public interest' on Indigenous lands — such as mining, infrastructure, and telecommunications — if no 'technical and locational alternative' existed.
The proposal was immediately condemned by Indigenous leaders, rights advocates, and the United Nations as a severe setback. Critics called it an 'unprecedented' move from the Supreme Court, which is tasked with protecting minority rights under Brazil's Constitution.
The court declined to comment to Mongabay. However, on March 27, Mendes' assistant Diego Veras announced that the mining provision would be removed and debated separately.
'The removal of the mining issue from the proposed bill is what really had to happen,' said Luis Ventura, executive secretary of the Missionary Council for Indigenous Peoples, according to Mongabay. 'Mining in Indigenous territories clearly attacks the rights of Indigenous peoples to life, territory, self-organization, and exclusive use of their natural resources.'
Still, the bill retained other controversial points, including compensation for non-Indigenous occupants on demarcated land — potentially stalling the already slow land demarcation process. Critics argue that allowing occupants to remain until they receive compensation legitimizes land invasions and undermines Indigenous sovereignty.
The bill stems from a legal battle over the marco temporal (time frame) thesis, which argued that Indigenous land claims are only valid if the land was physically occupied at the time the Constitution was enacted in 1988. The thesis ignored historical displacement and the nomadic traditions of many Indigenous groups. Though the Supreme Court rejected the thesis in 2023, Congress passed a law enshrining it, prompting renewed legal debate.
In April 2024, Mendes halted all lawsuits related to the issue and created a conciliation chamber to seek compromise, drawing criticism from Indigenous advocates.
'There is no possibility of reconciling fundamental rights,' said Ventura, according to Mongabay. 'Even with the withdrawal of mining, maintaining the conciliation chamber is a serious mistake.'
On March 27, the Federal Attorney General's Office proposed a presidential decree excluding mining but allowing tourism and economic activities led by Indigenous communities. Compensation would be considered only under strict conditions, such as proven good-faith occupation before Oct. 5, 1988, and a valid property title. Agribusiness interests strongly opposed removing the time frame.
The battle over Indigenous land rights will take center stage at the Free Land Encampment in Brasília, which was set to run from April 7-11, under the banner: 'In defense of the Constitution and life.'
Rio Tinto has boosted spending with Australian businesses, with Indigenous supplier expenditure growing faster than other national and local suppliers in 2024, National Indigenous Times reported on April 4.
Rio Tinto has deepened its commitment to Australian suppliers, significantly increasing its spend to over $17.7 billion in the last financial year — a 9.9 percent increase compared to the previous year. This surge in procurement benefited more than 6,000 suppliers nationwide, with a notable emphasis on boosting partnerships with Indigenous enterprises.
In 2024, over $926 million was directed to 182 Indigenous suppliers across Australia, marking a 27 percent increase from 2023. Of that, $671 million was invested specifically in Traditional Owner businesses with whom Rio Tinto has Indigenous Land Use Agreements, delivering tangible economic benefits to the communities connected to its operations.
The company also increased its local supplier expenditure by 14.8 percent, reaching $1.3 billion. Rio Tinto's Australia Chief Executive, Kellie Parker, emphasized the importance of Indigenous and regional businesses to the company's long-term success.
'We recognize the important role these Australian businesses play in creating jobs, strengthening local economies and supporting our operations,' she said, according to National Indigenous Times. 'That's why we continue to increase our investment with them. Their contributions help keep local communities strong. Our Indigenous partnerships drive economic growth and strengthen the communities they serve.'
As Mel Beaulieu readied for their winter residency at Beaverbrook Art Gallery in Fredericton, New Brunswick, the world felt foreboding, CBC News reported on April 5.
Beaulieu, a queer artist from the Metepenagiag First Nation, often finds their work shaped by the political climate. That influence deepened in January during their residency at the art gallery just as Donald Trump was sworn in as the 47th president of the United States.
Almost immediately, Trump began targeting transgender and gender-diverse people. He signed orders recognizing only two sexes, male and female, and moved to ban transgender individuals from the military. These actions sent shockwaves through the transgender community in the U.S. and raised alarms in Canada, too.
"Now isn't the time for allyship that is silent or allyship that is passive," Beaulieu said, according to CBC News. "I think people, especially in Canada, think that those issues don't exist here."
As a transgender Mi'kmaw artist, Beaulieu worries about growing anti-trans rhetoric online. 'I'm seeing the kind of escalating hate happening where people are more bold in the things they say to me or message me,' they shared, according to CBC News.
At 29, Beaulieu works across many mediums — beadwork, illustration, 3D printing, teaching, even virtual reality. Their children's book, 'Animals at Play in Mi'kma'ki,' blends language and identity. Their beadwork has appeared in exhibitions across North America.
One powerful piece, Protect Your Heart, features a white beaded heart surrounded by bold lettering and barbed wire. At its center is a golden double-curved motif, a Wabanaki symbol tied to nature and connection.
Beaulieu began a major long-term project while serving the residency — life-size wooden church windows filled with their beadwork. The installation explores the Doctrine of Discovery, a centuries-old belief that allowed Christians to claim lands not inhabited by other Christians.
Though the Vatican officially rejected the doctrine in 2023, its colonial legacy still lingers.
'It feels like if this project's going to be here in seven years, I'm still going to be here,' Beaulieu said, according to CBC News. 'In seven years, I'm still going to be making art. In seven years, queer people will still be here.'
My final thoughts are in Brazil, where a decision to remove mining from a controversial draft bill on Indigenous lands is a step in the right direction, but it's not enough.
The bill still includes loopholes that could delay or even block the land demarcation process, especially by allowing non-Indigenous settlers to stay on demarcated lands until they receive compensation. This shifts the focus from justice to negotiation, turning what should be a protected right into something that's up for debate.
What's even more troubling is the court's attempt to resolve this through a 'conciliation chamber,' which critics say waters down the Supreme Court's responsibility to protect constitutional rights. As Indigenous advocate Luis Ventura said, you can't negotiate basic human rights. By pushing for compromise instead of standing firm on principles, the court risks undermining its own legitimacy — and the safety and dignity of the communities it's supposed to protect.
The government's idea of handling this through a presidential decree instead of a full legislative process is clever but risky. While it avoids some of the political gridlock in Congress, it doesn't offer long-term protection. The powerful agribusiness lobby is already pushing for a constitutional amendment to solidify the time frame rule, which would strip many Indigenous communities of their ancestral lands.
If Brazil is serious about justice, the Supreme Court needs to do more than just manage political pressure, it needs to lead. That means clearly declaring the time frame thesis unconstitutional and making sure Indigenous rights are protected without conditions. Indigenous peoples have waited too long for full recognition. They need action now, not more negotiations over what should already be guaranteed.
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