speak Portuguese. In coordination with the Human Rights Secretariat, FUNAI drafted
and distributed a handbook on registration for indigenous groups in 2014.134
Law 6.001 of 1973, known as the “Statute of the Indigenous Peoples,” established
the Administrative Indigenous Birth Registry (Registro Administrativo de Nascimento
Indígena—RANI), under the jurisdiction of FUNAI, to issue documentation that serves
as proof of birth registration.135 Indigenous parents can present this credential to carry
out the civil registration of their child; it serves as a subsidiary means of proof of the
child’s birth and his or her identity, but it is not equivalent to a birth certificate and
cannot serve as a foundational document to obtain other national identity documents.136
Furthermore, it is unclear how registration under RANI facilitates birth registration,
and the process may create an additional bureaucratic burden for members of indigenous groups. It also may discourage birth registration by encouraging the assumption that it provides a substitute. Incorporation into the national civil registry and the
issuance of a document of identity equivalent to a birth certificate would make RANI a
genuine tool to prevent statelessness.
Despite possible complications associated with RANI, Brazil’s outreach efforts
and specialized policies are considered exemplary good practices that other countries
seeking to reduce statelessness in a population spread across large and remote territories might replicate. However, despite Brazil’s laudable efforts, the under-registration of
births among indigenous groups remains a problem. The case study of Guajará-Mirim
demonstrates that the complexities of the civil registration process and the absence of
a central authority can leave room for discretion and arbitrariness, potentially limiting
birth registration.
CASE STUDY
Guajará-Mirim, Brazil
Guajará-Mirim is a municipality within the Brazilian state of Rondonia in the
Amazon. It sits on the Brazilian side of the Mamoré River, across from the
Bolivian city of Guayamerín. Many indigenous people reside in the area, and have
traditionally migrated back and forth for commercial purposes.137 The control of the
border by the two countries is asymmetrical. The Bolivian side is not policed and
allows unrestricted entrance without papers or customs inspection. The Brazilian
side has a military outpost securing and controlling the border.138
There have been reports of arbitrary and discriminatory behavior by Brazilian
authorities against people crossing from the Bolivian side of the river.139 On July
5, 2007, a local court (Comarca)140 judge in Guajará-Mirim issued an ordinance
46
COUNTRY PROFILES
l
BRAZIL
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