NOTE OF REPUDIATION AGAINST THE APPROVAL OF THE TEMPORAL FRAMEWORK BY THE NATIONAL CONGRESS
On September 25 and 26, the indigenous movement from all over the country was once again present in Brasilia to follow the vote and fight against the Temporal Framework thesis, given the resumption of the deliberation by the Federal Supreme Court (STF).
The thesis was applied in 2017 by representatives of landowners, also known as big “owners” of land and mining companies, who want to advance on the lands and territorial rights won by indigenous peoples. These rights are provided for in article 231 of the 1988 Republican Constitution (CR) and in Convention 169 of the International Labor Organization (Organização Internacional do Trabalho – OIT), compliance with which is mandatory by Brazil. The Temporary Framework wants to restrict indigenous access to land, imposing that indigenous people only have the right to lands occupied on October 5, 1988, the day the 1988 Constitution was approved.
The result of the vote on the Temporary Framework by the National Congress represents the genocidal face of state power. Last Wednesday, September 27, the Senate approved Bill 940, known as the Temporal Framework for Indigenous Lands, by 43 votes to 21. The text, which had already passed through the House, has now been approved by Congress and will go to President Lula (PT) for approval or rejection.
We recall that on Thursday, September 21, the Supreme Court (STF) had recognized PL 940 as unconstitutional, overturning it with a difference of 7 votes, 9 against the time frame and 2 in favor.
The Temporal Framework Thesis is also being processed as a Bill (PL) in the National Congress. On May 3, 2023, the Chamber of Deputies approved it with 283 votes in favor, 155 against and one abstention. Yesterday (27/09), the Senate, in less than 6 hours, approved the bill in the Constitution, Justice and Citizenship Committee (CCJ), then it was put on an urgent basis and approved with 43 votes in favor and 21 against. The Temporal Framework amends Article 231 of the Federal Constitution, meaning that it is unconstitutional for it to be processed as a Bill of Law.
According to the STF1, 226 cases involving indigenous territories depend on the Temporal Framework decision. It is worth remembering that it is the duty of the Brazilian state to demarcate and protect the lands traditionally occupied by indigenous peoples. The right to indigenous lands is not temporal, it is original, because indigenous peoples were here before the invention of the Brazilian state.
ADAI hereby repudiates the approval of the anti-indigenous, genocidal and unconstitutional Temporal Framework Bill by the National Congress, which has historically been dominated by representatives of international capital, large landowners and mining companies. We want to demand that President Lula refuses and does not sanction the Temporal Framework Bill approved by the House and Senate/National Congress. The representation of indigenous peoples cannot be limited to walking up the ramp, but must demonstrate action on the side of indigenous peoples, beyond the moment of their inauguration.
Let’s remember that before Brazil was the land of the crown, this vast country was the land of coca. We continue to denounce these acts against the people. No to the time frame!
No to the Temporal Framework!
Prepared by the thematic team: Traditional Peoples and Communities – PCT with contributions from the Communication Team – Adai in Espírito Santo.