Brazil: Indigenous victory in crucial trial for their land
The Supreme Court votes in favor of indigenous rights in a crucial reserve trial. On Thursday, nine of the eleven judges voted against a limit on the demarcation of indigenous lands. This "trial of the century" was crucial to defend the rights of indigenous peoples.
Indigenous people celebrate the decision of Brazil's Supreme Court, September 21, 2023. AFP - EVARISTO SA
By: RFI Follow
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With our correspondent in Rio de Janeiro, Sarah Cozzolino
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It's a day of celebration " said Joenia Wapichana, President of the Indigenous Peoples Foundation, after two years of debate on the issue.
According to the "time frame" thesis, indigenous territories can only be demarcated on the lands they officially occupied at the time of the promulgation of the Constitution in 1988. However, the indigenous people recall that some of the communities were expelled from their lands during the military dictatorship, between 1964 and 1985.
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It is about taking care of the dignity of a people who have been decimated and oppressed for five centuries. " said Justice Carmen Lucia. She voted not to set a date in the Brazilian Constitution.
On the other hand, the two favorable judges defended the thesis of agro-business. Kassio Nunes Marques and André Mendonça were appointed by Jair Bolsonaro. The former far-right president had promised to "not give up another centimeter" to indigenous peoples.
The decision will affect nearly 300 ongoing demarcation processes.
There are still some points to be defined, such as the question of compensation for non-indigenous people, who currently occupy these territories.
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