18/12/2009 - 894: Guarani Youth is found dead in school in Mato Grosso do Sol

GUARANI YOUTH IS FOUND DEAD IN SCHOOL IN

MATO GROSSO DO SUL

One more Guarani Kaiowá died in the context of the struggle for land of the Kurusú Ambá community. A youth of 15 years was found dead yesterday, December 16, in an indigenous school of the village of Taquapiry, in the municipality of Amambai, Mato Grosso do Sul. He presented marks of aggression on his body.

The youth was living in part of his traditional land retaken by his community in the interior of the Fazenda Maria Auxiliadora. According to indigenous information, on the 16^th of December, the young man decided to return to the encampment at the side of the highway BR 289, which his community had ceased occupying at the end of November. He was looking for some belongings, as the Federal Police had guaranteed security of circulation of the indigenous peoples between the old encampment and the area retaken. The youth was buried today, without his body having been examined by the Instituto Médico Legal.

Since 2007, three indigenous members of the Kurusá Ambá community – Xurite Lopes, Ortiz Lopes and Osvaldo Lopes – have been assassinated by gunmen. Another five persons were shot and three children have died from malnutrition. All occurrences that involve gunmen and ranchers remain cases of impunity.

Private Property

On the same day that the body of the youth was found, the leaders of Kurusú Ambá petitioned the Federal Prosecutor (MPF - Ministério Público Federal) of Ponta Porã to activate the National Health Foundation (Funasa) and the National Foundation for Indigenous Affairs (Funai) to send basic food baskets and medical care for the families that retook the traditional land.

According to the leaders, many of the people are ill and families are going hungry in the retaken area. According to the indigenous peoples, the response from the MPF was negative, alleging that these agencies cannot enter the fazenda without judicial authorization.

The MPF had asked that the indigenous peoples remove themselves to the village of Taquapiry, 8km from the retaking, to receive the basic food baskets and medical care. The dislocation in this prerequisite cost the life of the indigenous youth.

At present, there are only soy fields being cultivated on the Maria Auxiliadora fazenda. A Technical Group from Funai is already engaged in conducting studies to verify if the area claimed by the Kurusu Ambá community is traditional land of the Guarani Kaiowá people.

(Reports Cimi-MS)

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JAILED XUKURU WILL TRANSFERRED TO FUNAI POST IN VILLAGE IN PERNAMBUCO

Edmilson Guimarães (“Besouro”) of the Xukuru people, is going to serve his pretrial detention at the post of the National Foundation for Indigenous Affairs (Funai) in the land of his people, in the municipality of Pesqueira Pernambuco. The Superior Tribunal de Justiça (STJ) determined the transference of the indigenous prisoner, who has been held in the penitentiary of Caruaru for approximately one year. The court decision must be carried out by the end of the week.

Besouro was with Rinaldo Feitoza, of the same people, who is also in pretrial detention at the Funai post in the Xukuru land. The two were accused of a homicide that they did not commit and for which no evidence exists.

The Indigenous Statute determines that the penalty of incarceration applied to indigenous peoples needs to be carried out, if possible, under conditions of semi-liberty at the post of the federal agency of assistance to indigenous peoples nearest the residence of the convicted. The reporter on the habeas corpus of the indigenous men, minister Napoleãn Nunes Maia Filho, and the 5^th jurisdiction of the STJ understands that this determination also applies to the serving of pretrial detention. This orientation was already adopted by the STJ in other decisions and reinforces the respect for cultural specificity of indigenous Brazilians and the rights guaranteed by the Statute, by the Federal Constitution and by UN Convention 169 of the International Labor Organization.

The habeas corpus petition for the indigenous men was filed by attorneys Sandra Lobo, Denise da Veiga Alves, Paulo Machado Guimarães – juridical advisors of the Indigenist Missionary Council (CIMI) – and Gilberto Marques.

At present, at least 43 Xukuru are being processed, 31 of whom have been convicted. This process of criminalization was denounced, in March of 2009, to the Organization of American States (OAS). All who accompany the journey of this people for their rights know that – in the name of their own interests – the political elite of the region have attempted, in various ways, to demoralize, destructure and demobilize the Xukuru, impeding them from achieving the planning of their lives. It deals with an unspeakable violence against a people who, with the aid of innumerable partners, has provided compelling examples of courage and determination.

Brasilia, 17 December of 2009

Indigenist Missionary Council