![Indigenous people reclaiming land attacked in Brazil](https://www.jurist.org/news/wp-content/uploads/sites/4/2024/08/Kari-Oca_Indigenous_Camp.jpg)
Armed attackers injured at least 10 Guarani and Kaiowá Indigenous peoples reclaiming their land in Lagoa Rica, Brazil on Saturday.
The attackers were mobilized by misinformation on social media characterizing the legal reclamation of Guarani and Kaiowá land as an “invasion” beyond the land that was allocated for reclamation. The attackers are alleged to have shot at the Indigenous people, burned down their camp and prevented the fire department from accessing the site.
In Brazil, the constitution entitles Indigenous peoples to the land that they traditionally occupy. Indigenous territories are lands that are exclusively occupied and possessed by Indigenous people.
The Guarani and Kaiowá were recognized as the traditional occupants of Lagoa Rica in 2011. This area “brings together the necessary conditions for the physical and cultural reproduction of this indigenous group according to its uses, customs and traditions,” which makes it traditionally occupied land according to Article 231 of Brazil’s Constitution.
Police told the Ministry of Indigenous Peoples that they were patrolling a different area when the attack occurred. The Indigenous Missionary Council (IMC) disputed this claim, alleging that the police were “deliberately absent” during the attack. The IMC claims that an agent of the National Public Security Force told Guarani and Kaiowá residents to “get out of here or you will die” prior to the police withdrawal.
Tensions between Indigenous peoples and non-Indigenous rural inhabitants have been an issue in the area since July and have escalated to violence previously.
The reclamation of Indigenous title was facilitated by the Conselho Nacional de Política Indigenista (CNPI). The CNPI was created in 2023 to craft government policy relating to the 305 recognized Indigenous peoples of Brazil, and is made up of government and Indigenous representatives.
The process of adding new territories is outlined in presidential decree 1,775. The process requires that Indigenous people work with anthropologists and appointees of the Fundação Nacional dos Povos Indígenas (FUNAI). Together, they research and demarcate the territory that is traditionally occupied by the Indigenous people. After the borders of the territory are mapped, they are published and posted for public consultation. Following the consultation period, they are sent to the Minister for Justice. The minister may decide to approve, postpone, or deny the application. There are currently 25 applications with the Minister for Justice.
During the process of adding Lagoa Rica to the list of Indigenous territories recognized by the Brazilian state, there were four challenges presented that failed.
The approach of current president Luiz Inácio Lula da Silva to Indigenous policy contrasts the approach used by the previous. Former president Jair Bolsonaro allowed agricultural interests to manage the mapping of Indigenous lands.