Quilombola Communities of Alcântara v. Brazil. Preliminary Objections, Merits, Reparations, and Costs, Series C No. 548, Inter-American Court of Human Rights, 21 November 2024

The State is responsible for the failure to recognize and protect the traditional territory of Afro-descendant tribal communities, for the violation of their rights to collective property, to prior consultation, to dignified living conditions, and to protection against structural discrimination.

Art. 17 ACHR

Art. 21 ACHR

Art. 22 ACHR

Art. 24 ACHR

1.     The failure to delimit, demarcate, and title the traditional territory of tribal communities, as well as the granting of individual titles instead of recognizing collective ownership, constitutes a violation of the right to collective property and to freedom of movement and residence, pursuant to the American Convention. In the case of the quilombola communities of Alcântara, the Court found that Brazil failed to fulfill its obligation to guarantee the full use and enjoyment of the collective territory, also due to restrictions imposed during the operations of the Aerospace Launch Center, which compromised the free exercise of religious, economic, and subsistence activities. The failure to recognize the spiritual, identity-based, and functional bond between the communities and their territory amounted to a direct violation of the collective rights protected under the Convention.

2.     The absence of a free, prior, and informed consultation on measures that may affect the rights of tribal communities constitutes a violation of the right to participation, the principle of self-determination, and the protection of collective property. In the present case, the Court held that Brazil failed to properly consult the quilombola communities in relation to the measures concerning the expansion and operation of the Aerospace Launch Center, thereby preventing them from participating in decisions directly affecting them and denying them an essential element of collective ownership, as well as of the cultural and organizational autonomy recognized to tribal communities.

3.     The forced relocation of tribal communities into contexts of housing, educational, nutritional, and cultural precarity, without adequate corrective or compensatory measures, and in the absence of effective access to justice, violates the collective life project and constitutes a form of structural discrimination contrary to the American Convention. The Court found that the quilombola communities relocated to so-called “agrovillas” lost access to the natural resources essential for their subsistence economy, the ability to maintain their cultural and religious practices, and the possibility of living in dignified conditions. Furthermore, the lack of a timely and effective judicial response fostered feelings of injustice and humiliation, reinforcing the historical and structural discrimination faced by Afro-descendant communities.