The Brazilian senate has finally approved ratification of the most important
international law concerning tribal peoples, the International Labour
Organisation's Convention 169 on Indigenous and Tribal Peoples. The convention
recognises tribal rights: including to land; to participation in decisions
affecting them; and to their own culture, religion and way of life. Its
ratification – after more than a decade of delays by politicians – is a major
victory for Brazil's Indians. In recognition of its importance, an Indian
delegation went to the senate to witness the decision in June 2002.
Crucially, the convention recognises tribal land ownership rights – Survival
has long been campaigning for recognition of such rights in Brazil. Brazil's
national law only allows tribes the right to use and occupy their ancestral
land, not own it. While some fear national law will still take precedence,
Brazil must comply with all the convention, and its ratification offers a
crucial tool in the Indian struggle for land ownership. Survival's report, Disinherited – Indians in Brazil, presents the
case for legal recognition of tribal land ownership in Brazil.
Brazil's Indians now have many more legally recognised rights. Only communal,
inalienable, land ownership rights can offer them long-term security in the face
of increasing invasions and theft of their land. This too is a step closer.
