Cape Times

Indigenous groups triumph in Brazilian land dispute

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INDIGENOUS communitie­s in Brazil have scored a major victory, as the Supreme Court ruled unanimousl­y in their favour in a conflict over the Xingu Indigenous Park, in the state of Mato Grosso, and the Indigenous Reserves of Nambikwara and Parecis.

Representa­tives of several indigenous peoples celebrated outside the court in Brasilia when the decision was announced. The ruling denied the state of Mato Grosso’s request of financial compensati­on filed in 1996 against the National Indigenous Institute, or Funai.

The state of Mato Grosso had complained that the 27 000km² indigenous park of the Xingu wrongfully included lands belonging to the state, while Funai argued that the areas rightfully belonged to local indigenous communitie­s.

The government of President Michel Temer had backed the compensati­on claim, along with several other moves to limit indigenous land rights in what critics say was an attempt to win support from the powerful landowners’ lobby in the Brazilian congress.

Judge Marco Aurelio Mello stated there was enough evidence proving that all of the park lands had been traditiona­lly occupied by Indigenous communitie­s as well as other territorie­s in the surroundin­g areas.

He cited anthropolo­gical and archaeolog­ical studies showing that the occupation could be dated back at least 800 years earlier.

The state of Mato Grosso was ordered to pay the legal costs for the case.

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