IPP215 GEF Caatinga Conservation and Management Project Policy Framework for Indigenous Peoples and Quilombolas in Bahia and Ceará Public Disclosure Authorized The project does not foresee any negative impacts on Indigenous Peoples or Quilombolas. The project has been designed so that the areas of intervention in both states include areas in which indigenous and quilombo communities are located, in order to include these groups as beneficiaries of the project. According to Bank Policy OD. 4.20, an Indigenous Peoples Framework for each state are has been prepared by each state. A summary of the policy framework for indigenous peoples and quilombolas and the full report for each state is presented below. INDEX Public Disclosure Authorized 1. Summary of the Policy Framework for Indigenous Peoples and Quilombolas.............2 2. Policy Framework For Indigenous Peoples and Quilombolas – Full Reports for Bahia and Ceará................................................................................................................................. 6 Bahia..................................................................................................................................... 6 Ceará .................................................................................................................................. 19 Public Disclosure Authorized Public Disclosure Authorized 1. Summary of the Policy Framework for Indigenous Peoples and Quilombolas Presentation The states of Ceara and Bahia presented an Indigenous Peoples Framework that responds to the World Bank Operational Policy 4.10 (July 2006). This annex is a summary of both frameworks. Based on the information provided by INCRA, there are 15 ethnic groups in Ceara: Tremembé, Tapeba, Pitaguary, Jenipapo Kanidé, Potiguara de Paupina, Anacé, Kanindé, Potiguara, Juá, Kariri, Kalabaça, Tabajara, Tupinambá e Gavião. Of the 15, 7 are recognized by official organisms. The other ethnic groups are awaiting the decision by FUNAI. The National Health Foundation (FUNASA) states that there are 9.622 indigenous peoples cadastered in the State of Ceara. Other reports mention a much larger figure of 30.000 indigenous peoples in the state. Most of the ethnic groups speak portuguese. The socio-economic situation of these groups is very precarious and they live under extreme poverty conditions. Their lands are too small to sustain their traditional forms of survival and livelihood. In Ceara, there are 47 lands titled to the Quilombolas (based on information from INCRA and IDACE) that are distributed among 17 municipalities. There are other sources of information that mention a different number indicating that Ceara has 67 Quilombo communities. The following rural communities have been identified as the main groups in the state of Ceara: Bom Sucesso, Barriguda, Barra, Lagoa de Dentro, Mirador, Paraná e Santo Antônio and Queimadas. In Bahia, based on the demographic census of 2000, the Geographic and Statistics Brazilian Instituto (IBGE) reported that Bahia has 64.240 indigenous peoples (8.5% of the national average). The Indigenist Missionary Council (CIMI) mentions that there are only 9.847 indigenous peoples that have 96.776 ha of indigenous titled to them. The project will intervene in the following municipalities: Glória, Ribeira do Pombal, Banzaê, Euclides da Cunha, Rodelas, Abaré e Curaçá and, Baixo Médio São Francisco. The following ethnic groups are found in the state of Bahia, Pataxo, Tupinamba, Pankararé, Kantaruré, Xucuru-Kariri, Kiriri, Kaimbé, Atikum, Pankaru, Tuxá e Tumbalalá. The Indigenous Lands in the municipalities of Glória, Ribeira do Pombal and Euclides da Cunha have already been registered. In the municipalities of Rodelas, Abaré and Curaçá they have been identified. Bahia reports that 16.930 Quilombolas live in the state (27 % of country total) and they correspond to 23 distinct communities or 2.795 families, distributed in the municipalities of Bom Jesus da Lapa (8.316), Malhada (5.000), Senhor do Bonfim (2.884), Rio de Contas (564) and Antônio Gonçalves (166). The institution in charge of geographic information systems for African- Brazilian (SICAB) reports that of the 23 distinct ethnic Quilombolas, 12 communities have been recognized, 7 have been titled, one has been registered; and the remaining still await to be recognized officially. Legal Framework. Indigenous Peoples. In the late 1980s, as a result of intensive mobilizations and debates promoted by indigenous organizations and various sectors of civil society, Brazil inaugurated a new framework for indigenous rights. Under the Constitution adopted in 1988, the constitutional rights of indigenous peoples were granted prominence and space, with a specific chapter of the Constitution dedicated to them (title VIII, “On Social Order,” chapter VIII, “On Indigenous Peoples”), as well as various other provisions and an article in the Transitional Constitutional Provisions Act. Two significant conceptual innovations with regard to previous Constitutions, to the 1916 Civil Code, and to the so-called “Indigenous Statute,” were highlighted: (1) The first abandoned the idea that Indigenous Peoples will have to assimilate into Brazilian society and the expectation that their culture, social organization, usages, and customs were transitory. (2) The second and most relevant, because it involved the interest in land possession and ownership, defined Indigenous Peoples’ as original owners of their lands. By this definition, the Brazilian State recognized that indigenous peoples’ rights to the land even precede the existence of the Brazilian State. In addition to extending certain land rights to indigenous peoples, the 1988 Constitution, also assured them of respect for their social organization, customs, languages, beliefs, and traditions. Over all, the constitutional provisions gave rise to the legal basis for defining ownership and State protection with regard to preservation, demarcation, integrity, and respect for indigenous lands. In particular, Article 231 prescribes a variety of elements with regard to the nature of the ties of possession, occupation, and domain. Thus, indigenous lands are: • Federal Government property; • Intended for the permanent occupation by Indigenous Peoples; • Any legal acts that affect this right of possession are declared null and void, except those of relevant public interest to the Federal Government; • Only Indigenous Peoples may enjoy the wealth of the soil, the rivers, and lakes existing within them; • The exploitation of water resources, research, and the extraction of mineral wealth may only be carried out [on indigenous lands] with the authorization of the National • Congress after hearing the concerns of the affected communities and assuring their participation in the benefits of such exploitation; • Granted inalienability and immunity, and the rights over these lands cannot be assigned to any other party • Indigenous Peoples may not be removed from their lands except in exceptional and temporary situations. With regard to rules for the demarcation of indigenous lands, since the 1973 Indigenous Statute (Law 6.001 of 12/19/73), the Federal Government began to adopt specific rules for administrative acts dealing with the demarcation of indigenous lands, in observance 79 of article 19 of said law. Over the years this regulation underwent several modifications. The last one occurred with Decree 1775 in January 1996. The Constitution for the state of Bahia in its Chapter XXIV, Article 291 is dedicated to the Indigenous issues. It recognizes as a duty of the State to collaborate with the Federal government to benefit indigenous peoples, prohibiting any action or omission that could result in negative impacts on their ancestral rights. Quilombolas Article 68 of the Act of Transitional Constitutional Provisions–ADCT of the 1988 Constitution contains the first initiative to include Quilombolas (members of Quilombos) in the national legal system, assuring their right to the ownership of their lands. Under the Federal Constitution, Decree 227 of 11/21/03, returned the responsibility of regularizing the ownership of Quilombola lands to INCRA and provided the legal frameworks for the definition of Quilombolas groups and the demarcation of their lands (using concepts already employed in Pará’s legislation, mentioned above). Under the Brazilian legal framework, land occupied by Quilombolas came to be understood as important for the physical, social, economic, and cultural reproduction of these populations. Quilombolas land is not individually titled but rather is registered as a collective title in the name of the interested community, which acquires the status of a legal non-profit association. In Ceara, a historic moment for the Quilombolas was the I Meeting of the Quilombolas in Ceara in 1998. The State of Bahia mentions in its constitution, Chapter XXII, Article 286, the rights recognition of Quilombos. It recognizes that the Bahian society and culture is historically influenced by the presence of the Afro-Brazilian communities, instituting that any form of racism is a crime that is subject to persecution by the Federal State. Participatory mechanisms to benefit indigenous peoples and quilombolas in the project areas The project does not foresee any negative impacts on indigenous peoples or Quilombolas, on the contrary several of the components will support livelihood activities compatible with the ecological restoration of degraded areas and that promote their traditional ways of living