UN experts urge Brazil to reject the timeframe thesis

United Nations rapporteurs express concerns over legislation that restricts the demarcation of Indigenous lands

Manifestação indígena contra o Marco Temporal. Foto: Gabriel Guerra/ Conectas

The UN Special Rapporteur on the Rights of Indigenous Peoples, José Francisco Calí Tzay, made an appeal to the Supreme Federal Court (STF) and the Federal Senate of Brazil last week, calling for the immediate suspension of the enforcement of Law 14.701. The legislation, approved by the Chamber of Deputies in September 2023, is the subject of constitutional challenges due to the risk it poses of expelling Indigenous peoples from their lands, making it difficult for them to reach the natural resources of their territories. “I call on Brazil’s Supreme Federal Court to suspend the enforcement of Law 14.701 until a decision on its constitutionality is reached.” Said Calí Tzay in a statement made in Geneva.

Law 14.701, dubbed The ‘Timeframe Thesis’, which regulates the demarcation of Indigenous territories, was approved in December 2023, shortly after the Supreme Federal Court rejected it. This doctrine stipulates that the demarcation of Indigenous territories should be conditional upon the occupation of the claimed lands on the date of the promulgation of the Constitution, 5 October 1988. Calí Tzay emphasized that this doctrine, if accepted by the Supreme Federal Court, would violate international human rights standards, which recognize the rights of Indigenous peoples to their lands and territories on the basis of traditional use and possession, regardless of any limitations concerning timeframes.

Mary Lawlor, the UN Special Rapporteur on Human Rights Defenders, also expressed her concern about the inclusion of the “Timeframe Thesis” in the Constitution. “The demarcation of traditional and Indigenous lands is at the root of many attacks against human rights defenders in Brazil. The proposal must be abandoned,” stated Lawlor, highlighting the importance of protecting the territorial rights of Indigenous Peoples to prevent violence and human rights violations.

There are other proposals addressing the Timeframe Thesis in the National Congress. On Wednesday (10), the Senate’s Constitution and Justice Commission (CCJ) scheduled PEC 48 (Constitutional Amendment), which would incorporate the Timeframe Thesis into the Federal Constitution. The proposal, however, was removed from the agenda. This proposal disregards the historical rights of Indigenous peoples, putting environmental preservation and the fight against climate change at risk. Proposals and laws that make up the so-called “Socioenvironmental Destruction Package” are threatening the environment and impact the health, food security, and quality of life of communities, peoples as well as the wider population.