The implementation of the United Nations Declaration on the Rights of Indigenous Peoples: The case of Brazil


Priscila Barros, Western University

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, has been recognized by Indigenous peoples and experts as a turning point in Indigenous history. This declaration is the result of decades of Indigenous peoples activism and it has been recognized as the most comprehensive framework for recognition, reparation and reconciliation. While it has created a new international standard regarding Indigenous peoples’ rights, the implementation of the rights enshrined in this document is still lacking and Indigenous peoples continue to report numerous violations of their rights. For this conference, I will present the findings of my analysis of Brazil's inconsistencies in implementing the UNDRIP. Drawing on Bourdieu’s language and symbolic power approach, I examine official documents issued by the government regarding the recognition of Indigenous peoples’ rights. My analysis reveals how the Brazilian government has manipulated legal language to justify the violation of Indigenous peoples' rights. I pay special attention to the new legislation that changes the criteria for recognizing Indigenous peoples' land rights (Marco Temporal). In essence, I explore how the Brazilian legal system has both recognized and violated the UNDRIP.

This paper will be presented at the following session: