With the discussions on the upcoming constitutional review,
pressures are growing against the demarcation of Indian lands. A
constitutional amendment has been proposed at the Chamber of
Deputies prohibiting the demarcation of Indian lands located on the
border strip. The bill, proposed by deputy Nicias Ribeiro, from the
State of Para', also suggests that any demarcation outside that strip
should be subject to prior approval by the National Congress.
According to the deputy, the Executive Branch has been acting in
an "irresponsible" way, as it has been demarcating "excessively"
large Indian areas. For this reason, Congress should take part in all
decisions related to the size of Indian lands. Nicias Ribeiro does
not explain why he wants to prohibit the demarcation of Indian lands
located on the border, but his bill is in tune with the position of
certain military who regard it as a threat against the national
sovereignty. However, this is not true; Indian lands are assets of
the Union and the demarcation only sets its bounds. And because they
are located on the border, it is up to the Union to defend them.
Subjecting decisions of this kind to the prior approval of the
National Congress will make the demarcation of Indian lands even
more difficult. Measures of this kind are to be taken through
administrative acts of the Executive Branch, which is provided with
the means to implement them. The National Congress, on its turn, is a
political institution where demarcation decisions would be negotiated.
If the political criterion prevails over technical considerations,
the rights of Indian peoples will be harmed in the demarcation process.
When he mentions "large" areas, the deputy is referring to the
lands of the Yanomami. "Why should we give so much land to a handful of
Indians when there are so many landless non-Indian Brazilians?", he
asks. If he were really concerned with the landless, he would have
remembered the need of a land reform in Brazil. He would also have
recalled that 0.8% of the Brazilian landowners control 48.58% of the
country's surface area. But he did not forget to mention the mineral
riches of the Yanomami lands, which mining companies covet for. They
would surely benefit from the approval of the bill.
The bill is not an isolated fact against the Indians. It is part
of a series of actions aimed at paving the way for reducing the rights
of Indian peoples, particularly their land ights, in the constitutional
review, which may begin in Octuber.
The amendment bill is as follows: "The demarcation of lands
traditionally occupied by Indians, other than those located on the
border strip, whose demarcation shall be prohibited, shall be subject
to the prior approval of the National Congress, after the size and
territorial bounds of the area comprised by the Indian reservation are
duly approved."
Brasi'lia, August 12, 1993
CIMI - Indianist Missionary Council