The Brazilian Supreme Court is set to punctuate a long” contentious history of indigenous affairs in Brazil with the finalizing of this historic land transfer. 

It was in 1993 that the demarcation of the Raposa Serra do Sol Indigenous Reserve was first proposed.  After being identified as an Indian homeland by the National Indian Foundation (FUNAI) in 2004″ the lands (totaling 1.8m ha) were mapped during the term of then president” Fernando Henrique Cardoso” and were recognized formally in 2005 by current president Luiz Inácio Lula da Silva as the Raposa Serra do Sol Indigenous Reserve.

Article 231 of the Brazilian Constitution of 1988” declares:

“Indians shall have their social organization” customs” languages” creeds and traditions recognized” as well as their original rights to the lands they traditionally occupy” it being incumbent upon the Union to demarcate them” protect and ensure respect for all of their property.”

Furthermore” “Lands traditionally occupied by Indians are those on which they live on a permanent basis” those used for their productive activities” those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction” according to their uses” customs and traditions.”

On 27 August 2008″ Joênia Batista de Carvalho” an indigenous lawyer and member of the Wapichana people ” became the first Indian to defend indigenous rights in front of the Brazilian Supreme Court.

Ms. Batista highlighted the land struggle” violence and discrimination which has hindered the livelihoods of her people and other indigenous groups living in Raposa Serra do Sol. “We have lived here for over 30 years that drag on” waiting for the formal land tenure process to be concluded…Many people do not know that indigenous lands cannot be characterized only by dwellings. They also include areas where people fish” hunt” walk” maintain sacred places” where we maintain spirituality” where our culture is maintained”” stated Ms. Batista during her testimony.

It has been 30 years since the constitution originally called for the demarcation and turn over of indigenous lands within five years – this is certainly overdue. As reported by Jorge Rodrigo Moraes for the Expresso da Notícia (translation from Portuguese)” since demarcation in 2005 and a subsequent 2007 Supreme Court order for non-indigenous persons to vacate the reserve” violent opposition has halted the transfer of lands.  Non-indigenous rice farmers have resisted violently to relocation outside the reserve.  Following a failed attempt by the military to expel remaining non-indigenous inhabitants” the Supreme Court again took up the case during the summer of 2008. 

As reported in Al Jazeera” the Supreme Court again met on 10 December 2008 (the 60th anniversary of the United Nations Universal Declaration of Human Rights) to hear farmers’ petitions for breaking up the reserve into multiple pieces.  The court had a majority vote in favor of keeping the continuous demarcation already in place. However” the judges will meet again to confirm the votes and hear decisions of judges who have not yet given their opinions.  This decision is expected to be made final in February 2009 when all of the judges’ decisions are expected to be formalized.  

Survival International in partnership with the Indigenous Counsel of Roraima have produced several videos highlighting the situation on the ground. 

*Note:  A mistranslation within the video of Ms. Batista's testimony has been brought to attention.  At 6:08 into the video” the subtitle states: “Just to remind you” in the middle of May” Ibama [federal environmental agency] presented a fine of over 30 million reais for the environmental impact of rice growers installed in indigenous lands.” The amount of the fine is mistranslated.  Ms. Batista states the fine as being 300 million reais.