SEJUP:Guarantee of Indian Lands

hrdesk@igc.apc.org
Mon, 9 Jan 1995 16:35:11 -0800


/* Written 8:01 AM Jan 5, 1995 by ax:cimi in igc:sejup.news */

Newsletter n. 145
NEW PRESIDENT OF BRAZIL WILL HAVE
TO FACE ANTI-INDIAN INTERESTS

The new president of Brazil, Fernando Henrique Cardoso, has not
announced his Indianist policy so far. Several measures, however, must be
taken to solve the problems which Indians have been facing for centuries.
The main measure should be the demarcation and guarantee of Indian lands,
which economic, political, and military groups have been resisting.

According to FUNAI (National Indian Foundation), 47% of all Indian lands
heve not been demarcated. At the Ministry of Justice alone, there are
fifteen requests for demarcation waiting for the minister to determine the
measure to be taken. The most controversial area is the one called
Raposa/Serra do Sol, located in the state of Roraima, close to the border
with Guyana. The Makuxi, Wapixana, Taurepang, and Igariko' Indians have
been fighting for its demarcation for years, but there are strong pressures
against it.

The president himself must homologate (confirm) the demarcation of
five areas; the documents related to them are already on his desk.
Measures must also be taken to begin the demarcation of several areas and
to conclude demarcations in course. For this purpose, Fernando Henrique
Cardoso must ensure the inclusion of the necessary funds in the budget of
the Union and face groups which are against the demarcation.

The only reference made by Fernando Henrique Cardoso to Indians was
during his inauguration speech on January 1 at the National Congress. "We
will strongly ensure equal rights to Indian groups, some of which are
living witnesses of the human archaeology and all of which bear witness
to our diversity".

However, Fernando Henrique Cardoso did not mention whether he was
referring to the specific rights of Indian peoples provided for in the
Constitution or to the general rights of every Brazilian citizen. This point
must be clarified, because the new minister ofJustice, Nelson Jobim, to
whom FUNAI is subordinated, supports the idea of changing demarcation
procedures. In his opinion, those who occupy Indian lands could defend
their rights before the Public Administration, as if the demarcation
were aimed at settling conflicts and not only at showing the bounds
of an area. According to the law, invaders should claim their rights
before the courts. Nelson Jobim was the rapporteur and main
articulator of the constitutional review thet would be carried out
in 1994.

Brasi'lia, January 5th,1995
CIMI - Indianist Missionary Council