Inter-American Commission for Human Rights’ request for preliminary measures granted when Court found a sufficient showing of urgency and risk of irreparable harm to three indigenous groups in Brazil, who were facing threats to their livelihood and health from illegal mining and the pandemic.
According to a report published by Yanomami and Ye’kwana advocacy groups in July 2023, the Court’s order of preliminary measures went largely ignored by the Bolsonaro administration. However, on January 1, 2023, President Luiz Inácio Lula da Silva took office and on January 20, he declared a state of public health emergency in the Yanomami territory. Lula identified two major priorities: provide health and food assistance to the Yanomami people and remove the 20,000 known illegal miners from Yanomami territory. In March of 2023, more than 6,200 Yanomami people had been treated at indigenous health centers, with noted improvements in malnourished children. Moreover, the Brazilian government noted a more than 95% reduction in deforestation alerts and a 33.6% drop in deforestation throughout Lula’s first six months in office. However, as of July 2023, the presence of miners has not been completely eradicated, and advocates noted with concern that many moved to Yanomami territory in Venezuela to continue their illegal activity.
This case serves as an example of the Court acting quickly upon an urgent situation and using its powers under the American Convention on Human Rights to order a State to enact interim measures. Through this order, the Yanomami, Ye’kwana, and Munduruku indigenous peoples were provided a forum to express their needs, and the Court was able to swiftly respond to a situation involving the intersection of health, the environment, and the illegal exploitation of indigenous territories for minerals.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
