The Declaration of the United Nations about the Rights of Indigenous Peoples does not represent a risk to the sovereignty and territorial integrity of the Brazilian State, as said by the critics to that document. This evaluation was made by the representative of the Department for Human Rights and Social Subjects of the Ministry of External Relations, Carlos Eduardo da Cunha Oliveira. On Tuesday (11/25), he participated in the public hearing of the Committee for Amazonia, National Integration and Regional Development, to discuss the position of Brazil regarding the document.

According to Oliveira, “declaration” and “treaty, covenant or international convention” are completely different things, and therefore this document does not create any obligation to Brazil. “It is only a document of political value, which reaffirms the principles of human rights directly related to Indigenous people”, he added.

The diplomat also said that the very declaration, approved by 143 countries in September 2007, contains articles that protect the territorial unity of the undersigned. It is the case of article 46, which states that Indigenous peoples cannot use that document to claim for any right that puts in risk the integrity of their country. The declaration also provides for the compliance of its enforcement to the prevailing laws of undersigned countries.

Cunha Oliveira highlighted also that Brazilian legislation already provides for the rights and guarantees mentioned in the United Nations declaration. “Our Constitution is very advanced regarding that subject”, he affirmed.

Presence of the Army
Brazil also undersigns the Convention 196, from the UN, which was ratified in 2002 and enacted in 2005. This instrument, according to the diplomat, allows to the indigenous people a broad autonomy. It rules, for instance, that the Military need the previous authorization of the Indigenous communities before entering their territory, which was one of the polemic points in the declaration.

The declaration reiterates that the Military´s entrance in indigenous lands will be conditioned to a relevant and pertinent public interest and that it should have the previous authorization of the interested parties. According to the lawyer and member of the Indigenous Work Group, Ubiratan Maia, who represented the Bar Association of Brazil (OAB), in the debate, “this determination is perfectly compatible to the free determination of the peoples.” “There are members of this House that own farms at the borders of Brazil. I think they would not like anyone to enter those without authorization. Our land is our home”, he argued.

Report - Maria Neves/SR
Translation: Positive