"Although the criminalization of torture is provided for by law, torture continues as a practice in Brazilian police institutions." - Paulo Lugon, assessor internacional da Comissão Arns

PN #64 - On pressures to remove intruders from the Apyterewa Indigenous Land

24 Oct 2023, 15:43 apyterewa - thiago gomes - agencia para Povo Apyterewa - Foto: Thiago Gomes / Agência Pará

The Arns Commission is following with great concern the pressures to suspend the removal of intruders from the Apyterewa Indigenous Land, in the state of Pará. The area is traditionally occupied by the Parakanã, a recently contacted indigenous people, which makes them even more vulnerable and calls for prompt action by the public authorities.

The process of demarcating the Apyterewa Indigenous Land began in 1987 and was completed in 2008 with judicial recognition. The Indigenous Land is now duly approved and registered. Since its recognition by the Brazilian state, there has always been a strong campaign to encourage invasion and the consequent subdivision of the land. The invaders resort to the ruse of “ fait accompli ” to prevent the fundamental right of indigenous peoples to the exclusive use of their traditionally occupied lands, demarcated and regularized in accordance with Article 231, § 1 of the Constitution.

This invasive pressure has increased in recent years: since 2019, Apyterewa has accumulated approximately 22,000 hectares of new deforestation, placing it on the list of the most threatened, invaded, and deforested areas in the country.

Successive decisions by the Federal Supreme Court (STF) have been handed down against this situation. Initially, under ADPF 709, it was determined that sanitary barriers should be placed on indigenous lands to protect these isolated and recently contacted peoples. After an initial process of removal and payment of R$ 6.8 million in compensation by the federal government, new invasions occurred, with the leniency of the public authorities.

The vast majority of invaders act in bad faith, placing cattle near villages and openly threatening and intimidating the Parakanã indigenous people. Once again, in June 2023, the STF ruled that the federal government must properly supervise and protect the people of Apyterewa. A protection and removal plan, approved by the Court, is currently being implemented by the federal government, in an action that is constitutionally supported and in strict compliance with judicial decisions.

The Arns Commission reinforces the urgency to complete the process of removing intruders and of fully legalizing the Apyterewa Indigenous Territory, with the aim of ensuring that the Parakanã people have exclusive possession and use of the area. It is imperative that the Brazilian State guarantee the return of legality in the Amazon and the security of the legal acts of demarcation of indigenous lands.

We will monitor the measures taken both against any political or private actors who have been encouraging the invasion of Apyterewa and against the Parakanã people. We also reaffirm our total rejection of the continuing campaigns of misinformation and hate against the demarcation of Indigenous Lands. The Arns Commission stands with the legitimate rights of Indigenous peoples, today and always.