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A. Fabri and D. Floriani
The Brazilian constitution of 1988, which provides for the right to difference to
Indigenous Peoples. This is what the caput of Article 231 of the Constitution reads:
“The Indigenous are recognized for their social organization, customs, languages,
beliefs and traditions, and the original rights over the lands they traditionally occupy,
and it is up to the Union to demarcate, protect and respect all their assets” (CONSTITUTION 1988).
The Convention 169 of the International Labour Organisation—ILO on Indigenous and Tribal Peoples and its Article 7: “Recognizing the aspirations of these
peoples to exercise control over their own institutions, ways of life and economic
development and to maintain and strengthen their identities, languages and religions, within the framework of the States in which they live” (ILO 169).
The CBD-Convention on Biological Diversity, 1992: recommends in its Article 8
(Conservation in situ) and Article 10 (Sustainable use of components of Biological
Diversity) the respect and preservation of traditional practices and knowledge that
collaborate with the preservation of local biodiversity (CBD 2000).
The 2007 UN Declaration on the Rights of Indigenous Peoples sets out principles
such as equal rights and prohibition of discrimination, the right to self-determination
and the need to make consent and agreement of wills the benchmark of the whole
relationship between indigenous peoples and States (ISA 2018a, b, c).
The Protocol of Nagoya: the effort of implementation of the third objective (Fair
and Equitable Sharing of Benefits Arising from Use of Genetic Resources) of the
CBD culminated in the adoption at its 10th Conference of the Parties, in 2010, of
the text of the Protocol of Nagoya on Access to Genetic Resources and the Fair
and Equitable Sharing of the Benefits Derived from its Use. The sharing of benefits
derived from the use of genetic resources and associated traditional knowledge,
which is at the heart of the Nagoya Protocol, is a development instrument (Gross
2013). Unfortunately, the regrettable attitude of the Brazilian government in not
ratifying the accession to the Nagoya Protocol in 2018 leaves Brazil, one of the
main historical mediators in the debate on the conservation and sustainable use of
biodiversity, outside the decisions on the theme in the UN Convention. This attitude,
among others, reflects a worrisome shift by the Brazilian government to move wildly
on the remaining forests, especially the Amazon forest, to facilitate the deforestation
for agricultural expansion, the promotion of major projects, oil extraction and mining.
Such expansion will bring incalculable social and environmental risks for the region
and its indigenous and traditional populations in addition to invaluable damages to
the entire planet in times of global warming.
In view of the above and the objectives of the 2030 Agenda, which direct the
action plan focused on people, the planet and prosperity, focused mainly on building
a sustainable future on Earth, where poverty is eliminated in all its dimensions and
nature is respected and preserved, GL appears as an alternative starting point in
reading and interpreting the world and the relationship between men and nature
and represents a strong ally in the collective construction of a world of peace with
protected human and nature rights.
A. Fabri and D. Floriani
The Brazilian constitution of 1988, which provides for the right to difference to
Indigenous Peoples. This is what the caput of Article 231 of the Constitution reads:
“The Indigenous are recognized for their social organization, customs, languages,
beliefs and traditions, and the original rights over the lands they traditionally occupy,
and it is up to the Union to demarcate, protect and respect all their assets” (CONSTITUTION 1988).
The Convention 169 of the International Labour Organisation—ILO on Indigenous and Tribal Peoples and its Article 7: “Recognizing the aspirations of these
peoples to exercise control over their own institutions, ways of life and economic
development and to maintain and strengthen their identities, languages and religions, within the framework of the States in which they live” (ILO 169).
The CBD-Convention on Biological Diversity, 1992: recommends in its Article 8
(Conservation in situ) and Article 10 (Sustainable use of components of Biological
Diversity) the respect and preservation of traditional practices and knowledge that
collaborate with the preservation of local biodiversity (CBD 2000).
The 2007 UN Declaration on the Rights of Indigenous Peoples sets out principles
such as equal rights and prohibition of discrimination, the right to self-determination
and the need to make consent and agreement of wills the benchmark of the whole
relationship between indigenous peoples and States (ISA 2018a, b, c).
The Protocol of Nagoya: the effort of implementation of the third objective (Fair
and Equitable Sharing of Benefits Arising from Use of Genetic Resources) of the
CBD culminated in the adoption at its 10th Conference of the Parties, in 2010, of
the text of the Protocol of Nagoya on Access to Genetic Resources and the Fair
and Equitable Sharing of the Benefits Derived from its Use. The sharing of benefits
derived from the use of genetic resources and associated traditional knowledge,
which is at the heart of the Nagoya Protocol, is a development instrument (Gross
2013). Unfortunately, the regrettable attitude of the Brazilian government in not
ratifying the accession to the Nagoya Protocol in 2018 leaves Brazil, one of the
main historical mediators in the debate on the conservation and sustainable use of
biodiversity, outside the decisions on the theme in the UN Convention. This attitude,
among others, reflects a worrisome shift by the Brazilian government to move wildly
on the remaining forests, especially the Amazon forest, to facilitate the deforestation
for agricultural expansion, the promotion of major projects, oil extraction and mining.
Such expansion will bring incalculable social and environmental risks for the region
and its indigenous and traditional populations in addition to invaluable damages to
the entire planet in times of global warming.
In view of the above and the objectives of the 2030 Agenda, which direct the
action plan focused on people, the planet and prosperity, focused mainly on building
a sustainable future on Earth, where poverty is eliminated in all its dimensions and
nature is respected and preserved, GL appears as an alternative starting point in
reading and interpreting the world and the relationship between men and nature
and represents a strong ally in the collective construction of a world of peace with
protected human and nature rights.