Brazil’s Indigenous peoples face ongoing challenges in accessing justice

In January 2024, Lincoln Alexander Law’s Professor Priscylla Joca made the long journey from Montréal, Canada, to Atalaia do Norte, Brazil, at the invitation of the Mayuruna General Organization, the general political organization of the Matsés Indigenous people. The purpose of the visit was to listen to the demands of the Matsés Indigenous people regarding violations of their rights and the difficulties they face in accessing justice. Professor Joca was part of a delegation that included researchers, lawyers, and legal advisors, all with a focus on Indigenous peoples in Brazil.

Jaime Mayuruna, a respected member of the Matsés and an accomplished Master in Anthropology, along with Bené Mayuruna, coordinator of the OGM, and Inory Kanamary, an Iindigenous lawyer, led the delegation on this profound journey to shed light on the ongoing challenges faced by the Indigenous peoples of the Amazon, especially those who live in the Indigenous territory known as the Vale do Javari.

Prof. Joca, who specializes in international Indigenous rights, human rights, and environmental justice, has been studying the way Indigenous peoples interact with the natural world, and in this case, the Amazon forest, and how it contributes to the biodiversity of the area. The Matsés are just one Indigenous people that face adversity from outsiders. 

Looking for enforcement of their rights

“There are a number of Indigenous groups who don’t want any contact with non-Indigenous groups, and the OGM is also dedicated to helping protect those wishes,” said Prof. Joca. “They’re not looking for assistance, they’re looking for enforcement of their rights as Indigenous peoples in Brazil - rights that have been neglected, which has led to the present state failing these Indigenous groups.”

The delegation travelled to Vale do Javari, one of the largest, more well known Indigenous territories in Brazil, where Prof. Joca saw first hand how the traditional knowledge and ecological practices of Indigenous peoples in their interaction with the forest have significantly enriched and protected the biodiversity of the region.

“I had the opportunity to visit the Amazon forest before, but this was my first time in the deep, deep forest,” said Prof. Joca. “It touched me deeply, as I could feel what biodiversity means and could see it with my own eyes in the different species of plants and animals. It’s such a diverse place. The continued existence of the forest is owed much to the unwavering dedication of Indigenous peoples and communities who have safeguarded it with their very lives and bodies."

While there, she stayed for a few days in one of the Matsés villages called Aldeia 31, who, while very well-organized, don’t have access to proper health, education and management of their own lands. They continue to face violence and illegal fishing and hunting, and don’t enjoy the same quality of life they once had.

'Their resistance and resilience are remarkable'

The Matsés continue their struggle for self-determination and sustainable development - demanding their rights to health, education, security, and access to justice, while maintaining their existence as guardians of the land and ancestral knowledge.

Prof. Joca says the visit represented the first steps of an ongoing journey for the OGM, with hopes of establishing future partnerships and raising awareness with provincial and federal institutions and governments to develop policies to protect the Indigenous peoples of the Vale.

“The trip was both a wonderful and disheartening experience,” said Prof. Joca. “I was ashamed by how the Indigenous peoples in the Amazon region of Brazil have been historically treated by the Brazilian state, but their resistance and resilience are remarkable, and, according to themselves, this visit was important to call attention to their situation and to strengthen their own political organization and struggles for their rights."

"Between 1960 and 1970, the Matsés initiated peaceful engagements with non-Indigenous people. From this period onwards, they have progressively mobilized on a political front, advocating vigorously for the recognition and respect of their rights as enshrined in both international law and the Brazilian constitution. This marks a significant stride towards affirming their autonomy and self-determination as an Indigenous people.”

After the visit, Prof. Joca submitted a report to the OGM on the demands made by the Matsés during the institutional visit. The OGM forwarded this report to the National Council of Justice and public institutions to demand appropriate action.