30. The Commission also referred to the "Xucuru of Oruguba" in its Report on the Situation of Human Rights in Brazil (1997), stating that "for over a century, according to the tradition of the people, its members accepted to fight in the Paraguayan War in the Brazilian Army in exchange for recognition of their land, which then was not done." As found by the Commission, "the Xucuru are about six thousand people. The demarcation of the land is being conducted by FUNAI in a context of general insecurity and with minimal resources."9 31. Furthermore, in its 1997 report, the Commission noted that the Xucuru indigenous people were a "typical case" that exemplified one of the main obstacles that hinder the recognition and consolidation of indigenous areas in Brazil: "the legal difficulties met in ousting intrusive occupants"10. According to the Commission, in relation to the Xucuru indigenous territory "the occupation by indigenous people reaches 12% of the surface, the rest is occupied by 281 agricultural landowners and loggers." 11 Coupled with the massive presence of non-indigenous settlers in the indigenous territory, the Commission also "was able to verify that in the states where there are indigenous groups, the persons who defend them are continuously exposed to threats [and violence]." 12 32. The same situation was more recently observed by the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, who said that when land demarcation processes suffer opposition from powerful non-indigenous landowners, this results in violence against indigenous people and exemplified this assertion referring, inter alia, to what happened in Pernambuco with the Xucuru people13. In the words of the Special Rapporteur: The efforts to regain traditional lands have led to tensions that on numerous occasions have erupted into violence. (...) The homicides were a result of both internal and external tensions, and many killings and threats of violence ag ação of reintegração de posse ainst indigenous individuals are either directly or indirectly related to the indigenous land struggle 14. 33. The details of this situation will be referred to by the Commission in the subsequent sections on proven facts. B. The legal framework on the recognition, demarcation and titling of indigenous lands in Brazil 34. The Constitution of the Federal Republic of Brazil of 1988 (hereinafter "the Federal Constitution" or "CF 1988") grants constitutional status to a number of rights of indigenous people, including with regard to their lands, territories and resources. The CF 1988, as the Commission has recognized, represents the overcoming of the "integrationist perspective" which was the spirit of the law hitherto, particularly the Statute of the Indigenous (Estatuto do Indio or Law 6,001 of 1973)15. Regarding the progress that the CF 1988 meant at the time, particularly by abolishing the idea that indigenous people should be assimilated culturally, the Commission has expressed that: IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 45. 10 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI. E(2). 11 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 45. 12 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 81. 13 United Nations, Report of the Special Rapporteur on the situation of human rights of indigenous peoples in Brazil, A/HRC/12/34/Add.2, 26 Aug. 2009, parrs. 31 and 32. 9 United Nations, Report of the Special Rapporteur on the situation of human rights of indigenous peoples in Brazil, A/HRC/12/34/Add.2, 26 Aug. 2009, parr. 49. 15 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 16. 14 7