{"id":4421,"date":"2025-06-11T04:04:57","date_gmt":"2025-06-11T04:04:57","guid":{"rendered":"https:\/\/unsr.albertbarume.org\/site?p=4421"},"modified":"2025-06-12T06:08:10","modified_gmt":"2025-06-12T06:08:10","slug":"brazil-must-abandon-marco-temporal-doctrine-once-and-for-all-says-un-expert","status":"publish","type":"post","link":"https:\/\/unsr.albertbarume.org\/site?p=4421","title":{"rendered":"Brazil must abandon \u201cMarco Temporal\u201d doctrine once and for all, says UN expert"},"content":{"rendered":"

\"\"GENEVA \u2013 A UN expert today expressed grave concern about Brazil\u2019s continued use of the controversial \u201cMarco Temporal\u201d<\/strong> legal interpretation to revoke the legal foundation for indigenous land demarcation and annul the demarcation of indigenous territories in Santa Catarina.<\/p>\n

\u201cThis legislative move enforces the discredited \u2018Marco Temporal\u2019 doctrine, which restricts Indigenous land rights to territories physically and permanently occupied as of 5 October 1988, the date of Brazil\u2019s current Constitution,\u201d<\/em> said Albert Kwokwo Barume, Special Rapporteur on the rights of Indigenous Peoples.<\/p>\n

Brazil\u2019s Senate has approved Legislative Decree No. 717\/2024<\/a>, which seeks to revoke the legal foundation for Indigenous land demarcation and annul the demarcation of the Toldo Imbu and Morro dos Cavalos Indigenous Territories in Santa Catarina. The Bill is now before the Chamber of Deputies.<\/p>\n

\u201cThis is a deeply regressive step that undermines Indigenous Peoples\u2019 rights, environmental protection, and climate action, I urge lawmakers not to approve the Bill,\u201d<\/em> the expert said.<\/p>\n

The Supreme Federal Court of Brazil has already declared the Marco Temporal thesis unconstitutional<\/a>. Despite this, the proposed decree threatens to hamper the work of the Funda\u00e7\u00e3o Nacional dos Povos Ind\u00edgenas (FUNAI), which plays a vital role in the demarcation of Indigenous lands.<\/p>\n

\u201cThis is the fourth time in four years that the Special Rapporteur on the rights of Indigenous peoples has raised public alarm over this issue,\u201d<\/em> Barume said, recalling statements issued in 2021<\/a>, 2023<\/a> and 2024<\/a>. \u201cIt has also been the subject of formal communications<\/a> with the Brazilian Government and should be of grave concern to the international community.\u201d<\/em><\/p>\n

The Inter-American Commission on Human Rights<\/a> has also issued warnings against the Marco Temporal thesis, which violates international treaties such as ILO Convention 169 and contradicts the jurisprudence of the Inter-American Court of Human Rights.<\/p>\n

\u201cMarco Temporal not only undermines legal certainty and Indigenous land rights\u2014it also fuels rural violence and environmental degradation,\u201d<\/em> Barume said. \u201cIt threatens Indigenous Peoples\u2019 security, health and cultural practices, contributing to a slow and painful process that could lead to their extermination.\u201d<\/em><\/p>\n

\u201cI urge Brazil to abandon the Marco Temporal once and for all. As UN Secretary-General Ant\u00f3nio Guterres has stated, Indigenous Peoples\u2019 rights are non-negotiable.\u201d<\/em><\/p>\n

\n

*The expert: Albert K. Barume, is the Special Rapporteur on the rights of Indigenous Peoples<\/span><\/p>\n

Special Rapporteurs\/Independent Experts\/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from\u202fany government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.<\/span><\/p>\n

Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https:\/\/uhri.ohchr.org\/en\/<\/span><\/p>\n

UN Human Rights, country page \u2013 https:\/\/www.ohchr.org\/en\/countries\/brazil<\/span><\/p>\n

For inquiries and media requests, please contact: hrc-sr-indigenous@un.org<\/span><\/p>\n

For media inquiries related to other UN independent experts please contact Maya Derouaz (maya.derouaz@un.org) or Dharisha Indraguptha (dharisha.indraguptha@un.org)<\/span><\/p>\n

Follow news related to the UN\u2019s independent human rights experts on X: @UN_SPExperts.<\/span><\/p>\n

Vers\u00e3o portuguesa (PDF)<\/strong><\/p>\n