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LAND DEMARCATIONS MATO GROSSO DO SUL DELAYED ONCE MORE

Once again the Kaiowá Guarani of Mato Grosso do Sul face delay of the field studies that initiate the land identification and demarcations process. The Technical Groups should have recommenced on August 5, as planned by the National Foundation of Indigenous Affairs (Funai). Nonetheless, on July 22 a decision in the Federal Regional Tribunal of the 3^rd Region (TRF3) suspended the research works.

After years of pressure of the indigenous movement in November 2007 the Funai and the Federal Public Ministry (MPF) committed to finally resolving the land issue. As a result, of this deal, the anthropological, historical and environmental studies that initiate the demarcations should have started on August 1 of 2008.

However, some days later, on August 6, the work became virtually impossible after some professional members of the Technical Group were threatened by gunmen during their fieldwork, in southern Mato Grosso do Sul.

This was the starting sign of a strong campaign pressuring the Ministry of Justice by state governor André Puccinelli, politicians and large-scale landowners to suspend the studies. They demanded that first new normative instructions for technical groups were elaborated. This did not occur until the beginning of 2009.

Even so, it still took several months for the Funai to announce the reinitiating of the fieldworks, for august 5. Which, again, caused a wave of protest and political pressure against it.

In spite of the one-year delay, the Guarani were anxiously awaiting the resumption of the work. However, the start of the field works was suspended one more. Regional Appeals Court judge Luiz Stefanini favored a claim of the Federation of Agriculture and Livestock of the State of Mato Grosso do Sul (Famasul) that the studies should not take place. The Federal Public Ministry will appeal the decision.

Immanent eviction

While there is no definition regarding the resumption of the studies for identification, many Kaiowá Guarani communities continue to live in tents at the roadsides or confined to overpopulated small parcels of land.

One of the communities most distressed by the decision of the court is the on of Laranjeira Ñhanderu. The 36 families, camped on a parcel of their traditional land live, within the immanence of an eviction, scheduled to occur on August 26. By that date the Funai, on court order, were to have finished the preliminary studies for that area. Failing to do so, the community will be evicted of the area in order to return the area to the ranch that is actually claiming posse of it.

“The families believed the studies were going to begin, but as of yet no one is seen here and nothing is done. We have a deadline to leave here and we do not know where we will go, with all the children. We live our lives in tents. From there to here, from here to there”, comments chief José Barbosa de Almeida (Zezinho), deeply concerned.

José will go to the Federal Public Ministry on August 7 to find out how to deal with the situation of his group. He fears that his families will be evicted should the identification studies not occur.

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INDIAN STATUTE PROPOSAL BREAKS WITH INTEGRATIONIST VISION

The proposal for the new Statute of the Indigenous Peoples delivered this week, August 5, to Michel Temer, the president of the Federal Câmara, makes a definitive break with the old fashioned vision that the indigenous peoples should be “assimilated” by national society. The text recognizes the autonomy of the indigenous peoples and proposes that they be consulted in cases of exploitation of minerals and hydro resources in indigenous lands.

The proposal was elaborated under the auspices of the National Commission on Indigenist Policy (CNPI- Comissão Nacional de Política Indigenista). More than a thousand indigenous representatives from throughout Brazil participated in the two-year process of developing the Statute proposal.

The text was presented to Temer by Minister of Justice, Tarso Genro, and by president of the National Foundation of Indigenous Affairs (Funai), Márcio Meira. The expectation is that the new proposal will revive the discussion in the National Congress regarding the former Statute of the Indigenous Peoples that has been on hold for 15 years now.

“We are satisfied because the government attended to the demand of the indigenous movement and delivered our proposal to the Parliament,” evaluates Rosane Kaigang, of the Articulaçào dos Povos Indigenas do Brasil (Apib). Now we hope that the allied base of the government will defend the proposals. Our challenge as an indigenous movement is to mobilize so that the legislative process happens as rapidly as possible.”

New paradigm

The proposal from the CNPI establishes a new paradigm for relations between the State and the indigenous peoples establishing improved conditions for indigenous peoples. The proposal reaffirms the contents of Article 232 of the Federal Constitution, reinforcing full indigenous civil capacity, without harming their specific rights.

“We, the indigenous, hope that finally our rights like demarcation of lands, health, education and others will be prioritized”, Rosane emphasizes. The Statute will regulate the most diverse aspects that affect indigenous lives, like the use of forest resources, environmental protection, indigenous health and education, productive activities and penal norms and punishments for crimes against indians.

Brasília, 6 de agosto de 2009

Conselho Indigenista Missionário