WBO and Partners Demand Implementation of Measures in Favor of Indigenous People and Defenders in Javari
WBO Press Release
Nov 26 2024
A group of Brazilian civil society organizations, including the Washington Brazil Office (WBO), achieved an important achievement by getting the Inter-American Commission on Human Rights (IACHR) to recommend the effective implementation by the Brazilian State of precautionary measures to protect Indigenous defenders of the Javari Valle, in the state of Amazonas with a focus on territorial security, accountability for crimes, and the promotion the memory of Bruno Pereira and Dom Phillips, who were murdered in the region in 2022.
The organizations present at the hearing were ARTICLE 19, Observatory of the Human Rights of Isolated and Recently Contacted Indigenous Peoples (OPI), Reporters Without Borders and Union of Indigenous Peoples of the Javari Valley Unijava (UNIJAVI) in addition to the WBO.
During the hearing, beneficiaries of protective measures reported that they still live in insecurity, which highlighted the need for greater State presence in the region, integration of protection plans, and ongoing dialogue to guarantee rights, security and cultural preservation.
The main critical points regarding the Brazilian State's stance highlighted during the hearing were the following:
Delays in Implementing Protection Measures: Although individual protection plans have been formulated, there have been significant delays in completing risk analyses and implementing concrete measures, which exposes beneficiaries to ongoing threats.
Lack of Continuous Presence in the Territory: There is an absence of a permanent State presence in the Javari Valley after inspection operations, which contributes to the resurgence of violence and the insecurity of indigenous defenders.
Deficiency in Transparency of Investigations: The lack of an effective channel of communication and transparency in the investigations into the murders of Dom Phillips and Bruno Pereira generates distrust between the affected communities and civil society organizations.
Lack of Broad Recognition of the Causes of the Murders: There are criticisms of the State's failure to recognize the connection between Dom Phillips' murder and his work as a journalist, in addition to a superficial analysis of the structural motivations behind the crimes.
Inadequate Participation of Beneficiaries: Beneficiaries and indigenous leaders pointed out that the protection plans were developed without significant participation from local communities, failing to incorporate their perspectives and experiences of self-defense.
Specific and Non-Structural Initiatives: Civil society highlighted that many actions presented by the Brazilian government are emergency and specific without guaranteeing structural changes that promote long-term security for indigenous peoples.
Impact of the Lack of Guarantee of Territorial Rights: Despite the formal recognition of the Vale do Javari Indigenous land, invasions and disputes continue to occur due to the insufficiency of mechanisms to ensure full enjoyment of the territory by Indigenous peoples.
Institutional Threats, such as the Temporal Framework: The adoption of the Temporal Framework as a legal criterion is seen as an additional threat, as it weakens indigenous rights and encourages invasions, exacerbating the vulnerability of communities.
During the hearing, the organizations present requested that the Brazilian State:
1. Keep this precautionary measure in force;
2. Receive updated information from the State on the status of the implementation of each beneficiary's individual protection plan;
3. Participate in the quarterly meetings of the Joint Working Group, based on a calendar to be made available by the Brazilian State;
4. Carry out an on-site visit to the Javari Valley in the first half of 2025, with the objectives of:
4.1 Monitor the implementation of the individual protection plan of each beneficiary of MC 449-22;
4.2 Participate in a consultation process with indigenous leaders of the Javari Valley on the territorial protection measures they need;
4.3 Hold, with the participation of its Office of the Special Rapporteur for Freedom of Expression, a working meeting with journalists and communicators from the region to discuss the challenges of carrying out their work safely
5. Monitor, through the Office of the Special Rapporteur for Freedom of Expression, the development of guidelines for police, prosecutors, and judges on transparency in investigations of crimes against journalists;
6. Hold a joint meeting with representatives of the Inter-American Court of Human Rights to monitor the status of implementation of the National Plan for the Protection of Human Rights Defenders, as drafted by the Sales Pimenta GTT; and
7. Promote, with the support of the Brazilian State, a regional exchange of good practices and challenges for improving programs to protect human rights defenders.
