Airbnb profits from irregular rentals of Indigenous areas in BA | Company

According to the tally compiled by the report: The platform offers at least 60 accommodation facilities in the village of Zand, located on the territory of the Barra Velha indigenous people in Caraíba, approved in 1991.

With the depletion of Caraíba, Zando has experienced significant expansion in real estate and tourism in recent years. This expansion was possible because the village’s inhabitants, the Pataxo indigenous people, were buying, selling, and renting land there, an activity that is prohibited by law.

Four Airbnb and Booking accommodation hosts interviewed by the report admitted to renting their land for tourist exploration. One of them stated that they were simultaneously renting from indigenous and non-indigenous people who had acquired land in Zand.

When contacted, Booking said it has launched an investigation into the provision of accommodation in the area and is prepared to cooperate with the competent authorities. The platform also said it may remove properties from its platform depending on the results of an internal investigation.

“All accommodation providers advertising on Booking.com must confirm that they are legally allowed to rent accommodations and are in full compliance with all applicable local laws, and agree to our terms and conditions,” the company said in a note.

Airbnb said it complies with the laws regarding the services it provides, does not broker reservations, and does not control, manage or own the properties advertised on its platform.

“To date, the company has not been formally informed of the existence of any fraudulent activity in units offered as seasonal rentals through its platform,” the memo sent to the report states.

Leasing activities on indigenous lands are prohibited by the Indian Act of 1973 and Act 14,701, approved by President Lula in 2023.

The latter are allowed to carry out economic activities in cooperation with non-indigenous peoples, as long as the results of their activities benefit the community as a whole and contracts with Funai are registered.

In response to inquiries, the Ministry of Indigenous Affairs stressed that this practice is prohibited by law and said it was seeking a resolution through mediation with indigenous peoples.

“With regard to the sale and lease of land within indigenous territories, MPI emphasizes that the 1988 Federal Constitution prohibits this practice,” the ministry said in a memo. “However, in situations like the Territorial (Zand), the ministry’s role is to build solutions with communities around existing leases and ensure territorial autonomy and security for indigenous peoples.”

Indigenous leaders in the village of Sand defend rentals as a means of generating income for the community. However, they recognize that this practice is irregular.

“Such illegal acts have had negative consequences, including the disruption of health services by the Sesay (Indigenous Health Secretariat) and the suspension of the expansion of the electricity grid,” Zando Deputy Commissioner João Cunha said in the minutes of a parliamentary meeting held in May.

He suggests signing a TAC (Act Coordination Clause) formalizing partnerships with non-Indigenous peoples on the ground. According to the minutes, the same council also decided to halt construction of Zand.

The Brazilian government’s indigenous organization, Funai (National Indigenous Foundation), was contacted by email, phone and WhatsApp but did not send a statement.

Control by Red Command makes mediation difficult

According to two government officials and two residents of the area interviewed by the report, the area is not only subject to leases, but is also controlled by the criminal organization CV (Commando Vermelho), which uses indigenous land and the Zando village as a support base, especially for drug sales in the area.

Last Thursday (6th), federal and state police officers killed five people during an operation and also seized rifles, pistols and hand grenades. PF said the officers were hit by gunfire and returned fire.

Earlier on the 23rd, Commando Vermelho distributed a message to Zando residents asking them to drive with their car windows rolled down, saying: “We do not want innocent blood to be shed.”

Throughout the year, Zand has been the scene of conflict between police and criminal groups, with sectarian shootings and killings of indigenous people.

In early October, a young man was shot dead in the village. In July, two people were killed, six people were arrested, and five rifles, four pistols, drugs and ammunition were seized in a federal drug raid.

Funai City’s regional coordinator is in absentia and under the protection of the National Human Rights Defenders Protection Program after receiving death threats. He was one of the whistleblowers of irregular sales and rentals in the area.

In 2022, the Federal Ministry of Public Affairs filed a public civil action against Mr. Funai for possible inaction by indigenous authorities in connection with the illegal occupation of indigenous land. In that year, 46 percent of Zand housing was owned by non-Indigenous people, according to a report by organizations involved in the process.

The case was quashed by the Bahian court last November in favor of the creation of a working group aimed at “implementing actions that support the sustainable and dignified development of the Pataxo indigenous community of Zando.”

A year after the GT decision, Funai is preparing a new inquiry into the presence of non-indigenous peoples at the site, with the idea that the document will uphold Zand’s banning process until the end of the current presidential term in December 2026, according to government officials monitoring the matter.