Last Updated on May 9, 2026
A proposed bill in Brazil aimed at accelerating the extraction of so-called critical minerals is drawing sharp criticism from Indigenous leaders who warn the legislation prioritizes mining expansion over ecological safeguards and constitutional protections for Indigenous territories.
Bill 2,780/2024 is currently advancing through Brazil’s Congress. It seeks to streamline licensing and investment for minerals considered essential to the global energy transition, including lithium, nickel, cobalt and rare earth elements used in electric vehicles, batteries and renewable energy infrastructure.
Supporters argue the measure could position Brazil as a leading supplier in the rapidly expanding global clean energy economy.
But critics say the legislation reflects a familiar pattern in which Indigenous communities are excluded from decisions affecting their lands while environmental protections are weakened in the name of development.
Indigenous organizations like the Articulation of Indigenous Peoples of Brazil (APIB) contend the bill lacks adequate guarantees for Free, Prior and Informed Consent (FPIC), a right that’s recognized under international law and supported by ILO convention 169, which Brazil ratified in 2002.
According to APIB, the proposed bill replaces the right to FPIC with a “generic dialogue” that fails to guarantee community decision-making power.
“This absence is particularly sensitive when considering the Brazilian constitutional framework. Article 231 of the Federal Constitution recognizes Indigenous peoples’ original rights over the lands they traditionally occupy, as well as their social organization, customs, languages, and traditions. Furthermore, it establishes that the exploitation of natural resources in Indigenous lands depends on authorization from the National Congress after hearing the affected communities,” APIB said in a statement.
Environmental groups also warn that increased mining activity in sensitive regions, including parts of the Amazon rainforest, could intensify deforestation, contaminate waterways and place additional pressure on Indigenous territories already facing illegal mining invasions.
The proposed legislation has become part of a growing global debate over whether the transition to clean energy is fueling a new wave of extractivism concentrated on Indigenous lands across Latin America, Africa and Asia, where many of the world’s critical mineral deposits are located.
Across the world right now, Indigenous peoples are facing a renewed assault on their lands, rights, and ways of life.
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