Indigenous people march in Brazil's capital against bill limiting land rights

BRASILIA, Brazil (AP) — Bearing images of animals and covered in body paint, hundreds of Indigenous people marched Wednesday in Brazil's capital, urging Congress to drop a proposed constitutional amendment that has the potential to paralyze and even reverse land allocations.

The bill aims to add to the Constitution a legal theory, championed by the agribusiness caucus, that the date the Constitution was promulgated — Oct. 5, 1988 — should be the deadline for Indigenous peoples to have already either physically occupied claimed land or be legally fighting to reoccupy territory. Lawmakers from the caucus also claim it provides legal certainty for landholders.

Indigenous rights groups have argued that establishing a deadline is unfair, as it does not account for expulsions and forced displacements of Indigenous populations, particularly during Brazil’s agriculture frontier expansion in the 20th century.

“We are aware of the interests of mining companies, ranchers and oil companies in our lands. How many lives will be destroyed if this bill passes?” Alessandra Korap, an Indigenous leader of the Munduruku tribe, told The Associated Press.

On Sept. 21, 2023, the Supreme Court rejected the deadline concept, which formed part of a lawsuit brought by Santa Catarina state. In the vote that secured the majority, Justice Luiz Fux argued that areas connected to Indigenous ancestry and traditions are protected by the Constitution, even if not officially recognized. It was a moment of widespread celebration among Indigenous communities and their advocates.

One week after the ruling, pro-agribusiness lawmakers began pushing for congressional approval of the deadline. One initiative is the proposed constitutional amendment that the Indigenous movement fears will come up for a vote in the coming days.

Congress also passed a law in December that established the 1988 deadline. The Indigenous movement and political parties appealed to the Supreme Court, which hasn't yet issued a ruling on the matter. During a speech in Congress, the author of the constitutional amendment, Sen. Hiran Gonçalves, stated that his proposal aims to settle the issue definitively, thereby ending legal uncertainty.

Dinamam Tuxá, head of the rights group Articulation of Indigenous Peoples of Brazil, told the Associated Press that, if approved, the bill will lead to the suspension of Indigenous land demarcations, escalate socio-environmental conflicts and increase deforestation.

Maisonnave reported from Brasilandia

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Indigenous people perform a ceremonial dance during a protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

An Indigenous father carries his son on his shoulder, holding a sign with a message that reads in Portuguese: "For the Planet's Future", during a protest against a proposed constitutional amendment that threatens some Indigenous land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

Indigenous groups take part in protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

Indigenous groups take part in a protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

An Indigenous woman holds her son during a protest against a proposed constitutional amendment that threatens some Indigenous land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

EDS NOTE: NUDITY - Indigenous women take part in protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

A Kayapo woman takes photos during a protest against a proposed constitutional amendment that threatens some Indigenous land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

Indigenous women hold up cutouts of animals representing biodiversity, during a protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

Kayapos sing during a protest against a proposed constitutional amendment that threatens some Indigenous land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

Indigenous groups take part in protest against a proposed constitutional amendment that threatens some of their land rights, in Brasilia, Brazil, Wednesday, Oct. 30, 2024. (AP Photo/Eraldo Peres)

BISMARCK, N.D. (AP) — Federal officials on Thursday gave final approval for the Dakota Access oil pipeline to continue operating its contentious Missouri River crossing, an outcome that comes nearly a decade after boisterous protests against the project on the North Dakota prairie.

The U.S. Army Corps of Engineers’ decision to grant the key easement means the pipeline will keep operating but with added conditions for detecting leaks and monitoring groundwater, among others. The announcement brings an end to a drawn-out legal and regulatory saga stemming from the protests in 2016 and 2017, though further litigation over the pipeline is likely.

The $3.8 billion, multistate pipeline has been transporting oil since June 2017 from North Dakota’s Bakken oil field to a terminal in Illinois. The line carries about 4% of U.S. daily oil production, or roughly 540,000 barrels per day,

The Corps is “decisively putting years of delays to rest and moving out to safely execute this crossing beneath Lake Oahe," Assistant Secretary of the Army for Civil Works Adam Telle said in a statement.

The pipeline crosses the river upstream from the Standing Rock Sioux Tribe’s reservation, which straddles the Dakotas. The tribe has long opposed the pipeline, fearing a spill and contamination of its water supply. In 2016 and 2017, thousands of people camped and protested for months near the river crossing.

The protests resulted in hundreds of arrests and related criminal cases and lawsuits, some of them still ongoing, including litigation that threatens the future of the environmental group Greenpeace.

In December, the Corps released its final environmental impact statement nearly six years after a federal judge ordered a more rigorous review of the pipeline's crossing. In that document, the Corps endorsed the option to grant the easement for the crossing and keep the pipeline operating with modifications.

Those measures include enhanced leak detection and monitoring systems, expanded groundwater and surface water monitoring and third-party expert evaluation of the leak and detection systems, among others, the Corps said. The conditions also include water supply contingency planning and other studies coordinated with affected tribes.

The Corps had weighed several options, including removing or abandoning the pipeline's river crossing or even rerouting it north. The agency said its decision “best balances public safety, protection of environmental resources, and leak detection and response considerations while meeting the project’s purpose and need.”

Pipeline developer Energy Transfer hailed the decision, saying the pipeline has been safely operating for nearly 10 years and is critical to the country’s energy infrastructure.

“We want to thank the Corps for the tremendous amount of time and effort put in by so many to bring this matter to a thoughtful close,” said Vicki Granado, a company spokesperson.

The Associated Press sent text messages and emails to media representatives for the tribe and left a voicemail at the tribe's headquarters. They didn't immediately respond Thursday.

North Dakota Republican Gov. Kelly Armstrong, Interior Secretary and former North Dakota governor Doug Burgum and U.S. Senators John Hoeven and Kevin Cramer each welcomed the decision to ensure the pipeline continues operating.

The Corps' announcement came as officials and oil industry leaders were gathered for a trade conference in Bismarck.

Energy Transfer and Enbridge are in early stages of a project to move about 250,000 daily barrels of light Canadian crude oil through the Dakota Access Pipeline by using another pipeline and building a 56-mile connecting line, spokespersons for the companies said. Enbridge will decide sometime in mid-2026 whether to move ahead.

FILE - A sign for the Dakota Access Pipeline is seen north of Cannonball, N.D. and the Standing Rock Reservation on May 20, 2021. (AP Photo/Matthew Brown, File)