CIMI BULLETIN 119, 30 JUNE 1994
After a year without making progress the bill proposing a new
Statute for the Indigenous Peoples was approved this week in
the Chamber of Deputies. The bill, sponsored by Deputy
Luciano Pizzato, would end the state's role as guardian of
Indians. However, Indians would still not be recognised as
peoples, but merely as indigenous societies.
The end of guardianship would have an effect, for example, on
the administration of indigenous property, which would now be
carried out by the Indians themselves. Indians would also be
able to enter into contracts without requiring the government
indigenous agency as an intermediary.
On intellectual property rights, the bill guarantees
indigenous communities the right to keep secret knowledge
about the environment, animal and vegetable species, seeds,
drugs and biological and genetic processes. The use of this
knowledge without authorisation would be a crime.
One of the most controversial proposals concerns the rule that
would oblige the federal government to compensate Indians for
any harm they suffer in any transaction if the government did
not take the necessary measures to prevent the harm.
Another controversial measure provides for the participation
of Indians in the teams that initiate the process of
demarcation which secures protected status for indigenous
land. Since state governments are generally opposed to the
protection of indigenous territories, demarcation at present
is often difficult, despite the criteria laid down by the
federal Constitution. There will also be a right to use the
courts to force the federal government to take measures to
secure demarcation.
As regards mining on indigenous land, the deputy wants all
prospecting applications made by mining companies before 1988,
when the Constitution was promulgated, to be accepted. There
are applications affecting almost all indigenous areas in
Brazil.
The new statute still has to be passed by the Senate. Because
of the elections in October, it is unlikely that the vote will
take place this year.
CIMI - Indianist Missionary Council