Indigenous peoples' rights

Strengthening and protecting the indigenous peoples of the legal Amazon region by guaranteeing their constitutional rights.

Directly involved are 4,800 indigenous leaders (45 % women) representing 100 indigenous peoples of the Amazon region; 56 indigenous organisations and collectives, including indigenous youth and women's organisations in the Amazon region; 70 networks, councils for political participation and state control bodies such as the Brazilian Federal Public Prosecutor's Office (MPF) and the Office of the Public Defender (DPU). This project will work directly with representatives of 100 of the 180 indigenous peoples living in the Brazilian Amazon region. Approximately 645,000 people live in this area. Indirectly involved are 119 groups of isolated peoples. Due to the scope of the action to defend constitutional rights (Output 2), all indigenous peoples in the region and all indigenous peoples in Brazil – approximately 305 peoples – will also benefit indirectly from the results achieved.

In Brazil, the fundamental rights of indigenous peoples, recognized in the 1988 Federal Constitution, are being challenged by current political actions. Specifically, the 'Marco Temporal' thesis, which limits indigenous land rights to territories occupied or disputed by them on October 5, 1988, contradicts the constitutional recognition of these rights as 'original'. While the Supreme Court declared this thesis unconstitutional in September 2023, Law 14.701/2023, passed in December 2023, reinstated the 'Marco Temporal' and introduced further restrictions, creating legal uncertainty and undermining indigenous and environmental protections.This legislative setback directly fuels the crisis in the Brazilian Amazon, where over 50% of 733 claimed territories remain stalled in the demarcation process. The administrative paralysis and lack of formal protection exposes communities to violence and predatory economic projects, like illegal mining, deforestation. Ultimately, these trends underscore a dangerous disconnect between legal status and actual enforcement, highlighting the urgent need for the Brazilian state to uphold constitutional rights and provide effective territorial protection against organized crime and economic exploitation.

• Capacity building and mobilisation of indigenous peoples in Amazonia to promote the protection and implementation of their constitutional rights
• Preserving original and exclusive rights to traditionally occupied lands (Article 231 of the Constitution of the Federation (CF)) and ensuring access to justice for indigenous peoples (Article 232 of the CF), paying particular attention to the impact on indigenous peoples in the Amazon region
• Promoting the demarcation and protection of indigenous territories in the Amazon region, and ensuring the effective exercise of property rights in accordance with their social, political, and economic organisations