Join ICT and IndiJ Public Media’s 2024 End of Year Campaign in honor of Mark Trahant’s 50-year legacy in Indigenous journalism. Help us reach our goal of $75,000 by Dec. 31 to celebrate and amplify Indigenous voices. Donate here!
Deusdedit Ruhangariyo
Special to ICT
Around the world: Five years and still no justice for Indigenous guardian’s killing in Brazil, New South Wales’ premier faces “serious questions” over rising incarceration rates, and lawmakers call on the UN to protect Uyghurs detained for decades in Thailand.
BRAZIL: Five years, no justice
“They’re free, and I’m still here. I worry they might be planning to execute me, too,” said Indigenous leader Laércio Guajajara, who survived an alleged ambush by illegal loggers that took the life of his fellow forest guardian, Paulo Paulino Guajajara in November 2019 in the Arariboia Indigenous Territory, located in the Brazilian Amazon, Mongabay reported on Nov. 13.
Expressing his frustration over the five-year delay in bringing the two suspects charged over the incident to trial, Laércio said, “There’s no justice for Indigenous peoples. … It’s been five years, and no justice has been made.”
Both he and Paulo were members of the “Guardians of the Forest,” a group of Indigenous Guajajara in Arariboia dedicated to defending their ancestral lands from illegal logging and other environmental crimes. Their efforts also protect the Awá people, who live in isolation and are considered highly endangered.
Data from the Indigenist Missionary Council and the Pastoral Land Commission indicate that between 1991 and 2023, 81 Indigenous Guajajara were killed in Maranhão state, with nearly half of those deaths occurring in Arariboia. Despite numerous killings, few cases proceed to trial, and Paulo’s may be the first to go before a federal jury as a crime against the Guajajara community and Indigenous culture.
The trial’s delay is partly due to an incomplete anthropological report on the collective harm to the Indigenous community. Federal prosecutor Alfredo Falcão, who is handling the case, noted that a series of administrative issues have slowed the process.
“Unfortunately, the time taken by bureaucracy is not the time taken by the victims, which is the fastest time possible,” he said, acknowledging the challenges of prosecuting crimes against Indigenous leaders.
Even though the Federal Attorney General’s Office recently deposited funds to finance the report, as of early November, the payment had not been recorded in the judicial system. On Nov. 11, Falcão requested a deadline and potential fines for noncompliance. Expressing his anguish over the prolonged wait, Paulo’s father José Maria Guajajara asked, “It’s taking too long. Aren’t they going to solve this case? … It’s too painful for us to lose a child. … There’s no justice.”
On the fifth anniversary of Paulo’s death, 18 Guardians of the Forest returned to the ambush site to honor his memory and demand justice, displaying banners that read, “Impunity! Injustice!” and “More than 500 years of genocide against Indigenous peoples. No more murders!”
The guardians also encountered signs of danger, such as gunshot sounds and spent cartridges, but continued their mission to remember Paulo, with his relative Juliana cleaning the water hole where he died.
For Laércio, the lack of accountability symbolizes the broader injustice facing Indigenous communities. “Things for us in Arariboia are very difficult; we don’t see justice,” he said, according to Mongabay.
AUSTRALIA: Rising incarceration rates
The peak Aboriginal legal service in New South Wales warns that Indigenous mass incarceration has reached a crisis point, the National Indigenous Times reported on Nov. 14.
The Bureau of Crime Statistics and Research has revealed that the number of Indigenous adults in New South Wales prisons is at a record high. This rise comes even as crime rates declined across both New South Wales and Australia.
The recently released data shows that 4,103 Aboriginal adults are in custody in New South Wales – a jump of 8.2 percent since September 2023. Indigenous adults now represent 32 percent of the adult prison population, the highest percentage ever recorded.
The Aboriginal Legal Service NSW/ACT has called the surge in incarceration rates a crisis and called on Premier Chris Minns to act urgently. “The Premier has serious questions to answer about how he is going to get Closing the Gap back on track in (New South Wales) and why his government has passed laws that have contributed to this growing inequality,” said Aboriginal Legal Service chief executive Karly Warner.
Earlier this year, the Aboriginal Legal Service, along with human rights groups, strongly opposed new bail laws. They argued these laws would lead to more Aboriginal children being jailed, a fact that even the premier acknowledged. Other laws, such as “wanding laws” and “posting and boasting” laws, have also been criticized. The Aboriginal Legal Service states these laws unfairly target Aboriginal communities and lack evidence of effectiveness.
New South Wales police have been criticized for practices seen as discriminatory, including high rates of strip searches of Aboriginal children and increased monitoring of Indigenous communities during COVID-19 lockdowns, which led to financial strain on already vulnerable families.
Minns, however, continued to defend the police, arguing they are not to blame for the rise in Indigenous incarceration. The majority of Indigenous prisoners – over 45 percent – is currently on remand. This is despite the 1991 Royal Commission’s recommendation to use incarceration as a last resort for Indigenous individuals.
Warner stresses the importance of alternatives to imprisonment, as prisons often cause trauma and lead to higher chances of reoffending. “As a society, how we invest our resources reflects our values,” she said, according to National Indigenous Times.
Warner believes funding should be directed toward community-led initiatives. Support for families, housing, education, disability and mental health services, and youth programs would create healthier and safer communities.
CHINA: A call to protect Uyghurs
Over 50 global lawmakers have urged the United Nations to ensure the safety of 48 Uyghurs who have spent over a decade in detention in Thailand, Radio Free Asia reported on Nov. 13.
Since 2014, four dozen Uyghur men have been confined in Thailand’s Suan Phlu Immigration Detention Center after fleeing persecution in China. They were part of a group of over 500 Uyghurs who left the Xinjiang Uyghur Autonomous Region, seeking refuge in Southeast Asia and hoping to reach Turkey via Malaysia.
However, only about 100 managed to complete this journey, due to bureaucratic hurdles. In 2014, Thai authorities detained more than 350 Uyghurs; while 172 women and children were allowed to go to Turkey, at least 109 were forcibly sent back to China, where their current situation remains unknown.
Those still held in Thailand are treated as illegal immigrants rather than refugees and face severe living conditions without access to the outside world, as noted by human rights groups. Thailand, not being a signatory to the 1951 UN Refugee Convention, does not officially recognize them as refugees, making their status even more precarious. Rights advocates warn that sending these men back to China would expose them to serious dangers, likely subjecting them to persecution.
On Nov. 10, the Interparliamentary Alliance on China sent a letter to UN High Commissioner for Refugees Filippo Grandi, describing the detention conditions as “threatening to life.” The letter noted five detainees have died while in custody, including two children.
The alliance expressed concern that Thailand’s lack of commitment to the non-refoulement principle means the Uyghurs could be deported to China, where they might face “persecution, imprisonment, or worse.”
Fifty-five lawmakers from 26 parliaments urged the UN to intervene, stating, “This must not be allowed to happen.” They emphasized that foreign governments may be prepared to offer resettlement if the UN can secure their release, according to Radio Free Asia.
A New York Times Magazine article recently highlighted the story of Hasan Imam, a Uyghur who escaped from the Suan Phlu facility and reached Turkey in 2018. The report illustrated the detainees’ poor health, lack of legal access, and their constant confinement in overcrowded cells.
The article explained Thailand’s reluctance to release the Uyghurs, as it fears harming its relationship with China, a major trade partner, or with Western countries that champion human rights. The UN also faces a dilemma, as supporting Uyghur asylum seekers could jeopardize its projects in China.
A UN High Commissioner for Refugees representative told RFA Uyghur that the agency is “deeply concerned” about the prolonged detention and remains in active talks with Thai authorities, although confidentiality limits the information they can share. Rahima Mahmut, U.K. project director of the World Uyghur Congress, said her organization has repeatedly appealed to the UN High Commissioner for Refugees but has seen no concrete action.
She believes political considerations are prolonging the Uyghurs’ detention. “They have endured numerous inhumane treatments over the years,” according to Radio Free Asia, Mahmut said. “Surviving in these detention centers for such an extended period has not been easy for them.”
My final thoughts
My final thoughts are in Brazil where the prolonged delay in Paulo Paulino Guajajara’s murder case is an unacceptable failure in delivering justice and a stark reminder of the systemic challenges Indigenous communities face in securing legal protection.
For five years, the Guajajara community has waited for accountability for the death of a forest guardian who dedicated his life to defending ancestral lands against illegal loggers. The lack of resolution in this case not only deepens the sorrow of Paulo’s family but also erodes confidence in Brazil’s legal system, sending a dangerous message to those who threaten Indigenous territories and rights.
This prolonged inaction effectively places a chilling burden on other forest guardians, who live in constant fear for their lives without the assurance of legal recourse.
A swift trial is imperative not only for justice but for upholding the rule of law and protecting Brazil’s vulnerable communities. The murder of Paulo Guajajara extends beyond an individual loss; it is an assault on the cultural integrity and autonomy of the Guajajara people.
Indigenous communities like those in Arariboia serve as environmental protectors, yet they face escalating threats from illegal deforestation, hunting and violence. Every day that justice is delayed further jeopardizes the safety of these defenders and undermines the state’s responsibility to enforce laws equitably.
The delays in this case reflect a series of bureaucratic setbacks that must not be tolerated in cases involving high-risk and marginalized communities. Obstacles like changes in judicial personnel, prolonged selection of experts, and disputes over funding essential resources exacerbate the Guajajara people’s suffering and allow impunity to persist.
These procedural delays have prevented the trial from progressing and highlighted structural inadequacies in the judiciary’s handling of cases involving Indigenous communities.
To move forward effectively, the court must prioritize this case by setting a definitive timeline for proceedings and ensuring that all bureaucratic processes, including funding for the anthropological report, are completed without further delay.
The judiciary should schedule the trial in early 2025, as promised, to provide closure for Paulo’s family and community and demonstrate a firm commitment to justice.
This case should serve as a pivotal moment, emphasizing that Brazil’s legal system values and protects the rights of Indigenous defenders, ensuring accountability and safety for those on the frontlines of environmental protection.
ICT is owned by IndiJ Public Media, a nonprofit news organization. Will you support our work? All of our content is free. There are no subscriptions or costs. Support ICT for as little as $10. Sign up for ICT’s free newsletter.
