The right of the indigenous peoples to live on their traditional land is been questioned at Justice. 

You can help to guarantee this land!

Once again the Guarani that live in Mato Grosso do Sul, are in fear of eviction of their own traditional land, retaken by them in 2003. 

The landowners that occupied the indigenous area Yvy Katu have gone to Justice with requests of ownership reintegration. The Federal Justice accepted these requests, permitting to limit the area, which was confirmed in second instance (by the Federal Regional Tribunal of the 3a.Regional, in São Paulo). Based on these decisions, the execution of the ownership reintegration is foreseen to happen in the first week of September.  

If this happens, the indigenous people and organizations that are assisting the Indians fear that this will end in a conflict, considering the fact that about 1000 Indians resist in the retaking of their traditional lands for already more than two years.  

Besides the threat of the eviction, the Guarani struggle at Justice for the continuity of the demarcation process of the indigenous area Yvy Katu. The process was interrupted by a judicial decision of the Superior Tribunal de Justiça (STJ) based on questions presented by landowners. The landowners tried to impede the publication of the Regulation Declaration (Portaria), which establishes the borders of the indigenous area. They succeeded in suspending this Regulation, even after it had been published. So we have to wait the final judgement of the case by STJ and we hope that the decision of the Regulation Declaration, edited by the Ministry of Justice on July 4, will be maintained.

In practice, a suspension of the Regulation Declaration impedes the demarcation of the area. After the demarcation, the area still needs to be ratified by the president of the Republic and registered at the Secretary of the Union Patrimony. A conclusion of the process of demarcation of the area will contribute to guarantee the right of the Guarani to live on their traditional land (tekohá) Yvy Katu.

YOU COULD HELP!!! HOW?

By sending an email-letter to the ministers of the Superior Tribunal of Justice who will decide about the validity of the Regulation Declaration of the indigenous area Yvy Katu, and to the Federal Judge in Naviraí, who can deny the request of the landowners for reintegration of their ownership.

LETTER SUGGESTION:

"Your Excellency,

For more than two years the indigenous people Guarani Ñhandeva resists in their traditional land Yvy Katu, located in the municipal of Japorã, in the state Mato Grosso do Sul. These Indians only succeed to return to live at their lands, which are constitutionally guaranteed, after retaking these same lands. In consequence of this process, this people today dispute with farmers the ownership of their lands.

There is no doubt that Yvy Katu is an indigenous area, this was already proved by anthropological studies carried out by the National Governmental Indian Foundation (Funai).

Frequently we hear about the poverty, the hunger and the lack of perspectives of life for the Guarani-Indians who live in Mato Grosso do Sul. The solution for this situation lies in the guarantee, by the Brazilian State, that these Indians can live on their traditional lands and reconstruct their forms of life there.

This is what the Guarani have done on the land Yvy Katu the last two years, after a difficult process of retaken their lands.

Therefore it is important that the instances of the Brazilian Judiciary Power are confronted with the drama of these Indians and guarantee their permanence on the land Yvy Katu, through the maintenance of the validity of the Regulation of the Ministry of Justice that declares the borders of this land, as well as to avoid evictions that will cause violence situations and more losses for the Guarani people.

Yours sincerely,

(your name)"

WE SUGGEST TO SEND YOUR APPEAL TO:

6ª Subseção Judiciária de Naviraí

1ª Vara Federal

Juiz Federal: Gilberto Mendes Sobrinho

E-mail: gmsobrin@trf3.gov.br

STJ - 1ª Seção

Ministro Francisco Cândido de Melo Falcão Neto

E-mail: tereza.braga@stj.gov.br

Ministro Francisco Peçanha Martins

E-mail: fpecanha@stj.gov.br

Ministro José Delgado

E-mail: Gab.Jose.Delgado@stj.gov.br

Ministro Teori Albino Zavaski

E-mail: DeboraMoreira@stj.gov.br

Ministro Luiz Fux

E-mail: convitesfux@stj.gov.br

Ministro José de Castro Meira

E-mail: gab.castro.meira@stj.gov.br

Ministra Denise Martins Arruda

E-mail: min.denise.arruda@stj.gov.br

Ministra Eliana Calmon

E-mail: Gab.Eliana.Calmon@stj.gov.br

Ministro Franciulli Netto

E-mail: Gab.Franciulli.Netto@stj.gov.br

Ministro João Otávio de Noronha

E-mail: Gab.Joao.Otavio@stj.gov.br

And a copy to:

E-mail: imprensa@cimi.org.br

More information about the indigenous land Yvy Katu

The indigenous land Yvy Katu is located in the city of Japorã, south of the state Mato Grosso do Sul, 472 km of Campo Grande. The land was retaken in 2003 by the Guarani Ñandeva, who banished the former invaders – farmers and their tenants – who had planted soy on 14 farms in the area.

After threats of eviction and innumerable negotiations, the Indians remained in 3 of the 14 farms. But the processes of ownership reintegration by the landowners are continuing at Justice.

Yvy Katu was identified by Funai with 9.454 hectares. Before the retaking of the land, more than 3.800 Guarani-Nhandeva were living confined on 1.648 hectares, an area that was demarcated in 1928 by the Service of Protection of Indians (SPI). Retake their land is one of the forms of the indigenous peoples to demand the realization of their constitutional rights and the demarcation of their land.