A conspiracy of silence: Subsistence hunting rights in the Brazilian Amazon

Abstract

Subsistence hunting is an important cultural activity and a major source of dietary protein and other products for indigenous and non-indigenous populations throughout Amazonia. Nonetheless, subsistence hunting occupies an uncertain legal status in Brazil, leaving many traditional and rural Amazonian populations subject to arbitrary interpretation and enforcement of contradictory laws. The Brazilian Wildlife Protection Act of 1967, which helped to stem the slaughter of wild animals for the international hide market, made the hunting of all wild animals illegal. Later, only indigenous peoples had their rights to hunting explicitly recognized in Brazilian laws. Exceptions for other traditional and rural populations were then introduced, allowing subsistence hunters to own and license guns and hunt with them in a “state of necessity” or “to quench hunger” through the Brazilian Disarmament Statute and Environmental Crimes Law. These legal inconsistences mean that there is no single regulatory framework for subsistence hunting in Brazil. This scenario of uncertainties jeopardizes the establishment of consistent sustainable hunting management practices across Brazilian indigenous lands, sustainable use reserves and agrarian reform settlement areas. This article analyzes the relevant legislation and examines evidence from key studies with a view towards implementing robust, scientifically informed and practically feasible co-management strategies for indigenous and sustainable use reserves in the Brazilian Amazon. By focusing on subsistence rights, food sovereignty and organizational autonomy as guaranteed in international agreements ratified in Brazil, the framework presented here involves empowerment and technical training of local people in Amazonia to monitor and manage their own resource base.