By Fabio Zuker
SAO PAULO, Sept 7 (Thomson Reuters Foundation) – When Kaworé Parakana sees the smoke rising on the horizon, the indigenous leader knows that another part of Brazil’s Amazon rainforest is gone.
For more than three decades, the Parakana people have been fighting to protect their land in the Apyterewa reservation, in the northern state of Pará, from illegal miners, loggers and farmers who clear large swathes of trees.
“With each day that passes there is a huge amount of deforestation. They create large fields. There has been a lot of smoke here lately at the bottom of the area,” Kaworé told the Thomson Reuters Foundation over the phone.
He said the Parakana fear there will be many more burning trees after a Supreme Court decision that could allow the municipality that oversees the reservation to legalize the presence of farmers already encroaching on the land.
In May, Justice Gilmar Mendes opened the door to negotiations between Brazil’s government and the municipality of Sao Félix do Xingu, which wants to reduce the size of the indigenous territory on behalf of a local farmers’ association.
Land rights activists say the proposal, which would make indigenous protected areas available for development, is unconstitutional.
The negotiations – referred to by the court as a conciliation – could set a precedent for the reduction of other indigenous territories across the country, they warn.
“Rights to (indigenous) territories, as provided in the constitution itself, are non-disposable rights – they are not subject to any type of negotiation,” said Luiz Eloy Terena, a lawyer at APIB, Brazil’s main indigenous federation.