Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Brazil (Ratification: 2002)

The Committee notes the observations of the Single Confederation of Workers (CUT), received on 2 September 2024.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

Rights of the Quilombola communities of Alcântara to the lands they traditionally occupy. The Committee recalls that, for many years, it has been examining the question of the impact of the establishment of the Alcântara Launch Centre (CLA) and the Alcântara Space Centre (CEA) on the rights of the Quilombola communities of Alcântara. The Committee notes in this regard that the Governing Body, at its 351st Session (June 2024), adopted the recommendations of the tripartite committee set up to examine the representation made by the Union of Rural Workers of Alcântara (STTR) and the Union of Family Agricultural Workers of Alcântara (SINTRAF), alleging non-observance by Brazil of the Convention, based on the situation of the Quilombola communities of Alcântara. The tripartite committee recommended that the Government: (i) complete without delay the process of titling the lands of the Quilombola communities: (ii) enable communities displaced of the CLA to carry out their traditional and subsistence activities, including fishing; (iii) carry out social, cultural and environmental impact studies in cooperation with the Alcântara communities; (iv) consult the communities that would be affected by the expansion of the CLA; and (v) ensure that any transfer of these communities takes place with their free and informed consent or takes place through legal procedures that guarantee the provision of lands of equal or better quality and legal status.

The Committee takes due note of information provided by the Government in its report that no steps are currently being taken to expand the CLA. The Chief of Public Administration suspended the legal effects of the order of 10 May 2013, which provided for the exclusion of 12,546 hectares of Quilombola territory in order to expand the CLA.

The Government also indicates that under Decree No. 11.502 of 2023, an interministerial working group was established in order to propose alternatives for the titling of the lands of the Quilombola communities of Alcântara, taking into account the interests of the communities and the CEA. The Committee notes the final report of the interministerial working group of 26 April 2024 which contains detailed information on the meetings held, the proposals prepared by the ministries, the Quilombola communities and the space programme, and on the draft consultation plan for the Quilombola communities of Alcântara in relation to the activities and public policies of the space centre. The Government indicates that, in parallel with the proposals set out in the report of the interministerial working group, it initiated negotiations with the representative bodies of the communities concerned in order to reach an agreed solution and resume the regularization procedure for the Quilombola territory, which had been paralysed for almost 16 years.

The Committee notes that on 19 September 2024, during an official ceremony attended by the President of the Republic, national representatives, the Quilombola communities of Alcântara and other movements (including one of the trade unions that made the representation to the ILO) signed the Conciliation, Commitments and Reciprocal Recognition Agreement (TCCR). The Committee notes that in the Agreement: (i) the Government and the Air Force Command indicate that they do not object to the recognition of the 78,105 hectares, including the 12,645 hectares previously envisaged for the extension of the CLA, identified as traditional territory of the Quilombola communities of Alcântara in the technical study on identification and demarcation of the National Institute of Settlement and Agrarian Reform (INCRA) of 2008, and cease any action in this regard, and undertake to raise no further objections and to respect the area allocated to the CLA by the Federal Government; (ii) the Quilombola communities declare that they agree with the identification and demarcation carried out by INCRA and with the existence of the CLA in the area in which it is established. They also agree not to raise any further objections in this regard; (iii) it is indicated that the President of INCRA will sign the order of recognition and demarcation of the Quilombola territory of Alcântara covering an area of 78,105 hectares; and (iv) within a time frame of 12 months INCRA will begin the titling process of the identified and declared territory.

The Committee notes with interest the adoption of Order No. 658 of 17 September 2024 in which INCRA recognizes as lands of the Quilombola community of Alcântara the area of 78,105 hectares demarcated in 2008, as well as Decree No. 12.190 of 20 September 2024, which declares the rural estates included in those lands to be of social interest for purposes of expropriation and authorizes INCRA to promote and execute the expropriation, in accordance with the law in force.

Furthermore, regarding the access of the communities to the sea, the Committee notes the Government’s indication that only the area adjacent to the CLA requires access control, as it is a national security zone. In order to safeguard the exercise of the right of access to the sea, the Government introduced a register of community members so that, once registered, they can access the coastal strip of the CLA whenever they wish, a procedure that also applies to military personnel.

The Committee welcomes the measures taken by the Government to further the recognition of the territorial rights of the Quilombola communities of Alcântara and the violation of their rights, including in the context of the establishment of the CLA, and hopes that the Government will continue its efforts to finalize the titling process of the Quilombola territory of Alcântara recognized and demarcated by INCRA.The Committee requests the Government to indicate the concrete measures taken by INCRA and the competent authorities to accelerate this process.

Articles 2 and 7 of the Convention. Coordinated and systematic action. The Committee welcomes the establishment of the Ministry of Indigenous Peoples which, in accordance with Decree No. 11.355 (as amended by Decree No. 11.780 of 2023), is responsible for, inter alia, indigenous policy, the defence, exclusive enjoyment and management of indigenous lands and territories, and the protection of isolated and recently-contacted indigenous peoples. The Committee also notes the establishment of the Committee for the Promotion of Public Policies for the Social Protection of Indigenous Peoples, which plans, coordinates, proposes and monitors measures aimed at guaranteeing the social rights and promoting the well-being of indigenous peoples through the promotion of differentiated and bilingual indigenous education; guaranteeing food security; implementing health and basic sanitation policies; developing action plans to eradicate prejudice and discrimination; and strengthening public security in indigenous territories in accordance with their customs and traditions. The Committee will be coordinated by the Ministry of Indigenous Peoples and will meet regularly every 15 days (Decree No. 11.707 of 2023).

The Committee also notes that the subject of indigenous peoples constitutes one of the cross-cutting agendas of the federal Multi-year Plan of Action for the period 2024–27, which includes in its strategic objectives the promotion of the rights of indigenous and Quilombola peoples and traditional populations, guaranteeing a decent life and citizenship, valuing their culture, traditions, ways of life and knowledge.

The Committee welcomes these initiatives, which demonstrate the Government’s willingness to develop coordinated and systematic action to protect the rights of the peoples covered by the Convention and to guarantee respect for their integrity. The Committee encourages the Government to take all the necessary measures to ensure that the Ministry of Indigenous Peoples, with the participation of the peoples concerned, formulates and implements a public policy relating to indigenous peoples. The Committee also hopes that the Committee for the Promotion of Public Policies for the Social Protection of Indigenous Peoples will have the appropriate resources to fulfil its functions of coordinating and monitoring the measures aimed at guaranteeing the social rights and promoting the well-being of the peoples covered by the Convention and requests the Government to indicate the measures taken in this regard at the state and regional levels and to ensure the participation of indigenous and tribal peoples.Please indicate whether evaluations of the implementation of the national policy and the results achieved have been carried out.

Article 3. Human rights. With regard to the necessary measures to protect the life and physical and psychological integrity of indigenous and tribal peoples from the acts of violence, threats and killings referred to in its previous comments, the Committee notes the Government’s indication that it has established a working group to contribute to the determination of the measures necessary to protect the life and physical and psychological integrity of indigenous peoples. It also indicates that the claim has been asserted to the Alto Rio Guamá indigenous land, traditionally occupied by the Tembé people in Pará, involving the removal of non-indigenous occupants and the return of full ownership to the traditional community.

The Committee also notes that, in a press release dated 17 October 2024, the Inter-American Commission on Human Rights (IACHR) and the Regional Office for South America of the Office of the United Nations High Commissioner for Human Rights expressed concern that in recent months there have been acts of violence against indigenous communities, including assaults by private actors and police forces, resulting in the forced displacement of communities and the death of several community members who were defending their lands. These included the killing of leaders of the Pataxó Hã-Hã-Hãe people, Lucas Santos de Oliveira in December 2023, and Maria de Fátima Muniz de Andrade, known as Nega Pataxó, in January 2024. On 17 September 2024, Neri Ramos da Silva, a young indigenous man from the Guaraní Kaiowá people, was killed while attempting to reclaim lands previously demarcated for his community. The Committee also notes that the Inter-American Court of Human Rights, during its visit to Brazil to monitor precautionary measures (2023), visited the Araribóia indigenous land, where members of the Guajajara and Awá indigenous peoples raised the alarm regarding an increase in violence in their territory due to the presence of unauthorized third parties who threaten and murder community leaders and members.

The Committee further notes that several United Nations bodies expressed concern at the high levels of violence against indigenous and Quilombola communities, especially against defenders of the human rights of these peoples, and the occurrence of forced evictions due to land-grabbing by ranchers, extractive industries, illegal logging and other industrial projects (CCPR/C/BRA/CO/3, 2023,, CAT/C/BRA/CO/2, 2023 and CERD/C/BRA/CO/18-20, 2022).

The Committee notes with deep concern this information that demonstrates the persistence of a climate of violence and attacks on the lives and physical integrity of the indigenous and Quilombola communities, related, among other causes, to the lack of demarcation of indigenous lands and the occupation of lands by third parties. The Committee recalls that the persistence of a climate of violence constitutes a serious obstacle to the exercise of the rights of indigenous peoples established in the Convention. The Committee therefore strongly urges the Government to take all the necessary measures to ensure adequate protection for the life and physical and psychological integrity of the peoples covered by the Convention, in particular by strengthening the presence of the State.The Committee also requests the Government to indicate the measures taken for the prompt investigation of the murders of the indigenous leaders and the acts of violence committed in order to determine responsibilities and punish those who are found guilty.Finally, taking into account the size of the territory and the indigenous peoples' settlement in remote and sometimes very hard-to-reach areas, the Committee suggests that the causes of the violence are identified through coordinated action by the various authorities and institutions, and that appropriate measures are taken to prevent and combat it.

Articles 6, 7, 15 and 16. Consultations. The Committee notes with regret the absence of information from the Government on the status of the consultation protocols adopted by a number of indigenous peoples with the support of the National Indigenous Peoples Foundation (FUNAI); on how it is ensured in practice that these protocols are applied in a systematic and coordinated manner throughout the country; and on the adoption of a regulatory framework on consultations.

The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, the Committee on Economic, Social and Cultural Rights, and the Committee on the Elimination of Racial Discrimination, in their concluding observations, expressed concern at the lack of consultation with the indigenous communities concerned (CEDAW/C/BRA/CO/8-9, 2024, E/C.12/BRA/CO/3, 2023, and CERD/C/BRA/CO/18-20, 2022).

The Committee once again encourages the Government to take the necessary measures to make progress in the adoption of a regulatory framework on consultation to provide the peoples covered by the Convention with a suitable mechanism to exercise their right to be consulted and to participate effectively whenever consideration is being given to legislative or administrative measures which may affect them directly, and to provide greater legal certainty for all stakeholders. The Committee recalls the need to consult the indigenous and Quilombola peoples as part of this process and to enable them to participate fully through their representative institutions so that they can express their views and influence the final outcome of the process. Finally, the Committee once again requests the Government to provide information on: (i) the status of the protocols adopted by the peoples covered by the Convention; (ii) how it is ensured in practice that these protocols are applied in a systematic and coordinated manner throughout the country whenever consideration is being given to the adoption of legislative or administrative measures; and (iii) the consultation processes carried out, including those undertaken on the basis of these protocols.

Article 14. Lands. The Committee notes that the Government has not provided information on the human and material resources available to FUNAI and INCRA for the performance of their functions with regard to studies, the delimitation, demarcation and registration of lands, and to follow up on the pending procedures in this regard. The Committee notes, however, that according to information available on the website of the Office of the President of the Republic, at the TCCR signing ceremony, the President delivered 21 land titles to 19 Quilombola communities in nine Brazilian states (five in Amapá, four in Maranhão, three in Sergipe, three in Paraíba, two in Rio Grande do Norte, two in São Paulo, and two in Ceará, covering 120,000 hectares) and signed 11 Decrees of social interest, which is the first step towards the titling of their territories.

Regarding the “time frame” doctrine whereby only lands actually occupied on 5 October 1988, the date of the promulgation of the Constitution, can be recognized as lands traditionally occupied by indigenous peoples, the Committee notes that proposals have been made to incorporate this doctrine into the Constitution (proposed constitutional amendment (PEC) No. 48/2023). The Committee also notes that in Ruling No. 1017365 of 21 September 2023, the Federal Supreme Court (TSF) rejected the proposition of the “time frame” doctrine for the demarcation of indigenous lands, holding that the date of the promulgation of the Federal Constitution could not be used to define the traditional occupation of the land by these communities. The Committee notes that, despite the decision of the TSF and the veto of the President of the Republic, Act No. 15.701, of 20 October 2023, was adopted, establishing that lands traditionally occupied by indigenous Brazilians are those which, on the date of the promulgation of the Federal Constitution, were simultaneously: (i) permanently inhabited by them; (ii) used for their productive activities; (iii) essential for the preservation of the environmental resources necessary for their well-being; and (iv) necessary for their physical and cultural reproduction in accordance with their usages, customs and traditions. The Committee notes that five cases challenging the constitutionality of the Act are pending before the TSF, and that the TSF decided to hold, between August and December 2024, conciliation hearings between the parties concerned.

The Committee notes that, in its latest observations, the CUT indicates that the adoption of Act No. 15.701 of 2023 is in violation of the rights of indigenous peoples enshrined in the Convention, as at no time during the adoption of the Act were the indigenous peoples duly consulted and that its content is contrary to the provisions of the Convention relating to the rights of indigenous peoples to their lands. The CUT also alleges that the decision to establish a conciliation committee would oblige indigenous peoples to participate in a conciliation process where they would be pressured to accept the terms of a possible agreement in which they would renounce their fundamental rights.

The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women expressed concern at the lack of titles to lands and forced removals faced by indigenous peoples, and the adoption of the “time frame” doctrine and its limitation concerning the recognition of lands traditionally occupied by indigenous peoples (CEDAW/C/BRA/CO/8-9, 2024). The Committee on Economic, Social and Cultural Rights, in its concluding observations of 2023, also expressed concern about reports of natural resource grabbing, the large number of unresolved disputes concerning land occupation, as well as the lack of protection and demarcation of the ancestral lands and territories of indigenous and Quilombola peoples (E/C.12/BRA/CO/3, 2023).

The Committee reiterates that, in accordance with Article 14 of the Convention, the rights of ownership and possession of the indigenous and tribal peoples to the lands which they traditionally occupy must be recognized and are of crucial importance for the safeguarding of their integrity and other rights enshrined in the Convention. In this regard, the Committee emphasized in its 2018 general observation that the recognition of traditional occupation as the source of ownership and possession rights is the cornerstone on which the land rights system established by the Convention is based.

The Committee urges the Government to take all the necessary measures to ensure that the Convention is fully applied in both law and practice with regard to the rights of ownership and possession of indigenous and tribal peoples to all the lands which they traditionally occupy. In this regard, the Committee expects the Government to take all the necessary measures to ensure that Act No. 15.701 of 2023 regulating section 231 of the Federal Constitution is revised in the light of Article 14 of the Convention. In the meantime, the Committee requests the Government to strengthen its efforts to further the processes of titling, demarcation and remediation (saneamiento) of the lands traditionally occupied by the peoples covered by the Convention and to provide detailed information in this regard. The Committee also requests the Government to provide information on the decision of the TSF in relation to the cases challenging the constitutionality of Act No. 15.701 of 2023.

Article 25. Health. The Committee notes with regret that the Government has not provided information on the observations received in a timely manner from the CUT alleging a high incidence of diseases in indigenous communities compared with the general population; nor on the situation of the Yanomami indigenous community, which has been affected by increased mining activity (garimpeiros) on their lands, resulting in further deforestation, sedimentation and mercury contamination of rivers, and an increase in diseases, such as malaria and malnutrition.

The Committee also notes that the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on economic, social, cultural and environmental rights (REDESCA), in a press release in 2023, expressed concern at the serious humanitarian crisis linked to malnutrition and lack of medical care related to preventable diseases that could have been treated among the Yanomami people, particularly affecting children and older persons, which has caused the death of 570 Yanomami children. The Committee further notes that, in its concluding observations of 2024, the United Nations Committee on the Elimination of Discrimination against Women expressed concern: (i) regarding the high maternal mortality rate, disproportionately affecting indigenous women living in rural areas and in the northern and north-eastern regions of the country; and (ii) that traditional and naturopathic health systems, ancestral knowledge, cosmology and indigenous practices are not recognized or integrated into the federal healthcare system, negatively affecting access to healthcare by indigenous women (CEDAW/C/BRA/CO/8-9, 2024).

The Committee notes this information with concern and urges the Government to take urgent measures to ensure access to adequate health services for the peoples covered by the Convention, in cooperation with these peoples. The Committee requests the Government to provide information in this regard and in particular on the measures taken in relation to the problems of poisoning and malnutrition suffered by members of the Yanomami people which, in addition to posing a public health problem, are also related to the protection of their lands, which are essential for the protection of their physical integrity.

The Committee is raising other matters in a request addressed directly to the Government.