Dear President Rodrigo Maia:
We, the undersigned Members of the United States House of Representatives, write to express
our grave concern regarding the current and ongoing ecological and human rights crisis in the
Amazon rainforest and the communities therein. As a major trade and diplomatic partner, We are
concerned that the Brazilian government has changed long established laws and disregarded
human rights in order to side with industry interests when it comes to mining, farming, and
infrastructure projects, which have led to violent attacks against indigenous peoples going
largely unpunished.
This letter comes at a moment in time when the Brazilian Congress considers PL 2633/2020,
known as the "Land Grabbers Law". This bill would legalize the theft of millions of hectares of
public land that continues to be illegally invaded and deforested.1
This bill incentivizes land
grabbers and removes legal risks, which promotes a "Wild West' of invaders who act with
impunity in the name of profits.
We are concerned that the Brazilian government has continued to side with industry interests2
when it comes to mining, farming, and infrastructure projects, which have led to violent attacks
against indigenous peoples going largely unpunished.3
Considering PL 2633 reveals a priority to
legitimize stolen lands, further supported by regulations like FUNAI N.9, which allows outsiders
to claim land inside Indigenous Lands that have been submitted for legal protection4
.
These regulations have grave consequences for not only the Amazon, but for the human and
cultural survival of Indigenous Peoples. Deforestation within indigenous territories in the
Amazon has increased 64 percent in the first four months of 2020 compared to the same time
frame last year.5
Indigenous people's land is not just a street or a park. It is integral to the
exercise traditions, cultures, and religious beliefs. Each of these sites- be it from Chaco Canyon in New Mexico, Mauna Kea in Hawaii, or Mundurukânia in Brazil -- should be protected and
preserved for our future generations, regardless of their respective origins or what natural
resource they sit on top of.
Instead of protecting these sites, the Brazilian government has authorized more than 250,000
hectares of private agriculture inside indigenous territories. Landowners have registered more
than 2,000 properties in indigenous areas in the Amazon, even including areas with uncontacted
peoples. Recent analysis shows that 87% of indigenous territories pending demarcation are
targeted for private occupation.
When such land illegally changes hands, indigenous leaders and Forest Guardians face threats of
death. Zezico Guajajara. Ari Uru-eu-wau-wau. Paulo Paulino Guajajara. Laércio Guajajara.
These are the names of only a few of the indigenous people who have been murdered in the past
six months while trying to defend their land.6
Indigenous leaders and community members are
facing increased threats, attacks, and killings as miners, loggers, and land invaders act under the
assumption they can violate the law with impunity.7
According to Global Witness, in 2018, 164
people were murdered, more than 3 people per a week -- and countless more criminalized -- for
defending their land.
We heard these concerns, among many others, when a delegation from the Brazilian Congress,
including Joenia Wapichana, Erika Kokay, and Fernanda Melchionna, came to visit the United
States in late February.8
Their stories of resistance and strength reminds us all of the importance
of supporting a democratic Brazil that puts the rights of its indigenous people at the forefront of
all discussions, and ensures a continued protection of the Amazon.
As a member of the United Nations, we remind you of the adopted United Nations Declaration
of the Rights of Indigenous Peoples9
, which states that the General Assembly is "convinced that
control by indigenous peoples over developments affecting them and their lands, territories and
resources will enable them to maintain and strengthen their institutions, cultures and traditions,
and to promote their development in accordance with their aspirations and needs." These goals
are similarly enshrined in the Brazilian constitution, specifically Article 231, which
acknowledges the government's duty to demarcate and protect indigenous lands. The
Intergovernmental Panel on Climate Change report last year confirmed that climate-critical
forest protection goes hand in hand with recognizing and respecting the land of rights of
Indigenous People and local communities. We must honor our leadership within the United
Nations and the promises laid down by our constitutions by ensuring that the rights of indigenous
peoples are always not just protected, but promoted, across time.
We understand this bill to be highly detrimental to the Amazon rainforest, since it will legalize
huge areas of public land that have already been illegally occupied and cut down. Worse still, we
fear it incentivizes further destruction of Amazon forests. Our planet cannot afford this,
especially not during a time of a global biodiversity and climate crises. Given the potential consequences for regional rule of law, human rights, and the environment,
we urge you to consider not allowing PL 2633/2020 to pass. Please give our request every full
and fair consideration with your country's applicable laws, rules, and regulations.