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2. Afro-Brazilian communities and traditional territories: achievements and barriers to guarantee land rights
Author(s): Isabelle A. Lopes Picelli and Richard Torsiano
Affiliation: National Institute for Land Reform – Brazil ; FAO-RLC
Author’s Address: / /
There is a wide recognition in law of the rights of the traditional population to land in Brazil, including the African descendant communities (WB, 2014).
In 2003, Decree No 4,887 regulating the procedure to acknowledge and title land was issued. Since then, the current titling procedures adopted an expansive definition that accommodates the historical diversity of quilombos, not only granting the land currently occupied by Afro Brazilian communities but also the land they have traditionally occupied and used in the past.
This paper aims to analyse the current situation of Brazil’s policy to address afro-communities land rights after fourteen years of the issue of the Decree No 4887, outlining the achievements and the barriers to its implementation. We also analyse this policy vis-a-vis the recent measures adopted by the federal government to foster the issue of individual land title deeds towards other groups, especially individual farmers.
Strong points
Legal framework provided by the Decree No 4,887 and its subsequent regulamentation are in aligment and pursuing international framework on self-determination, safeguarding cultures, access to collective territory and freely participation on land mapping such as the ILO Convention No. 169 and the VGGT.
Decree allows the State to grant not only the land currently occupied by these communities but also the land their ancestors had occupied in the past  Policy of reparation
Participatory mapping and communities participation in the main steps of the process.
Former owners are compensated. Compensation are based on market prices.
Challenges
Overlapping land claims unsolved – small farmers and other public uses
Long lasting procedure to receive land title
Large areas identified as quilombos, where a larger number of landholders lie  last longing expropriation process
Conflict - expansive interpretation x restrict interpretation of the Constitutional provision – Supreme Courte decided for an expansive interpretation in 2018.
RESULTS
INTRODUCTION
-Budget cuts - Afro-Brazilian and Indigenous land titling policies
-Increasing influence of the of Congress-persons linked to agribusiness sector over the Executive
-Simplification of the process to grant individual land title in the Amazon Region
-Push to grant land title to settled families benefited by the Agrarian Reform process
-Official announcements from Executive and Legislative members affirming the need to facilitate the acquisition and leasing of rural land by foreigners
Less attention to collective land rights claims
The analysis is result of a reflection based on a ten years work experience with the National Institute of Land Reform (INCRA), in Brazil. INCRA has been in charge of running the program to acknowledge and title African descendant since Both authors have participate in technical discussion to set up complimentary regulations to Decree 4.887/2003. The analysis brings evidences provided by INCRA.
MATERIALS | METHODS
Push for individual land rights
The legal recognition of collective territories held by Afro-Brazilian groups has the potential to operate land distribution and guarantee the cultural continuity of these ethnic groups. However, a low number of communities had their land titled since (1,700 claims for land  41 territories titled)
Technical procedures to identify the boundaries of traditional territories have improved since Although INCRA undertakes accurate mapping process in order to identify the ancestral territories, restore some of then to the communities represent a challenge –> large areas, areas overlapping with many stakeholders interest.
INCRA has undertake some process of conflict mediation, involving stakeholders with opposing interest, what led to changes in the area to be titled. Conflict mediation process should be encouraged, guided by the protections provided by the ILO Convention No. 169.
The current land policy conducted by the Federal Government is targeting individual small farmers, stressing land regularization of individual parcels of land, especially in the Amazon Region, whereas the budget for policies towards the acknowledgement of collective territories has been reduced dramatically since 2015.
The Brazilian effort to guarantee secure land tenure rights and reduce land conflicts will not be sufficient unless due attention is paid to collective land rights. Contrarily, the non implementation of the law might lead to land conflicts, especially in the states of Maranhão and Pará, where the majority of the Afro-Brazilian groups live in the Amazon.
CONCLUSIONS
ACKNOWLEDGEMENTS
POS 01-01