Summary
The case concerns three indigenous groups threatened with illegal mining activity in Brazil: the Yanomami, Ye’kwana, and Munduruku people. The Yanomami and Ye’kwana people live in the Yanomami Indigenous Territory, which is found in the Orinoco Amazon region in the border between Brazil and Venezuela. The Territory is home to 25,000 Yanomami and 700 Ye’kwana people, distributed throughout 321 villages. The Yanomami are identified as an indigenous group that was “recently contacted,” and there are records of at least eight groups in voluntary isolation within the territory. The Munduruku people is comprised of around 14,000 people who live on the edges of the Rapajós River and its tributaries in the state of Pará, Brazil.
In May 2022, the Interamerican Commission submitted a request for interim measures under Article 63.2 of the American Convention of Human Rights. The objective of the request was for the State of Brazil to implement interim measures to adopt the necessary means to protect the life, personal integrity, and health of the members of the Yanomami, Ye’kwana, and Munduruku people. Article 63.2 states that in cases of grave and extreme urgency, and when necessary to avoid irreparable harm to people, the Court can order interim measures that it considers relevant upon the Commission’s request. After receiving the Commission’s request for interim measures, the Court examined the facts alleged by the Commission and the information provided in the State’s response. Given the violence experienced by the indigenous communities, the health crisis wrought by the COVID-19 pandemic, and the inadequacy of the State’s interventions, the Court granted the request for interim measures.
First, the Court noted the violence impacting the life and integrity of the Yanomami and Ye’kwana people. The violence arose from conflicts between indigenous people and unauthorized third parties, known as garimpeiros, who were illegally exploiting minerals found in the zone. Conflicts regularly arose from the garimpeiros’ attempt to mine gold in the indigenous territories. When faced with the resistance of the indigenous people, garimpeiros responded with death threats, persecution of indigenous leaders, attacks with firearms causing the death of indigenous children, and sexual violence against indigenous women and girls. The sexual violence included rape and harassment, where the provision of goods and food in exchange for sex was involved. Young indigenous people were also faced with harassment, forced to work in mining in exchange for the surrender of firearms. Similarly, the Munduruku people also faced increasing violence due to the exponential growth of illegal exploitation of resources on their territory. They also faced threats and attacks from the garimpeiros, such as acts of vandalism, electricity disruption, and the burning of homes.
Furthermore, the health of the people living in these indigenous communities has also been adversely impacted. In the Yanomami and Ye’kwana territories, the rate of illness increased due to the contamination of the rivers–the main source of potable water and fishing for the communities–with mercury. This, coupled with the reduction in the ability to use forest resources due to the garimpeiros’ occupation and deforestation, has led to aggravated food insecurity and infant malnutrition. The propagation of contagious illnesses such as COVID-19, the poor state of medical care, low quantity of testing, and the entry of health professionals infected with COVID-19 also led to the increase in illness rates in the communities. As for the Munduruku, the mercury contamination was found to cause alterations in the community inhabitants’ kidneys and livers. Malaria cases also increased by 30% in January 2021 in comparison to December 2020, an increase related to the deforestation of the area.
Although the State discussed measures that it had taken, such as various partnerships with agencies meant to represent the interests of indigenous people and a COVID-19 plan, the Court found that these did not effectively prevent the situations of violence and illness the Commission outlined. The Court also pointed out that, despite rulings by Brazilian courts requiring the protection of indigenous communities, the State continued a series of actions and omissions contrary to these judicial resolutions. In light of the urgent situation facing the Yanomami, Ye’kwana, and Munduruku people and the risk of irreparable harm to their lives and integrity, the Court found it necessary to grant preliminary measures.
In the resolution that members of the Court unanimously adopted, the Court required the State of Brazil to adopt the following: means to effectively protect the life, personal integrity, health, and access to food and potable water to the named indigenous communities through a culturally adequate perspective; means to prevent exploitation and sexual violence against the women and girls of these communities; culturally appropriate means to prevent the propagation and mitigate the spread of sicknesses; and means to protect the life and personal integrity of indigenous leaders under threat. It required the state to present updated information to the Court about measures that were adopted by September 20, 2022, and it required the State to continue providing updates to the Court every three months.