The minister of Justice, Nelson Jobim, insists on amending decree
22/91. He announced this week that the decree will be revoked and a
new one issued providing for the adversary system and the possibility
of reviewing 182 areas which have been already identified, delimited,
demarcated, and homologated. Jobim refuses to acknowledge that lands
have been invaded after news about the amendment got about.
Intransigently, the minister ignores the opposition of CIMI and of
persons and entities in Brazil and abroad, which have been sending
telegrams and faxes to him and to president Fernando Henrique Cardoso
asking them to preserve the decree in its present version.
Mobilized since last week, the Indians delivered a document
prepared by Brazilian Indian organizations to both of them with
warnings of what the amendment can cause. All possible efforts are
being undertaken, but as with other sectors of the society, the
Brazilian government is completely careless in relation to the
possible consequences of the new decree, such as enhanced conflicts
and the waste of public resources applied in the demarcation of Indian
areas and of solidarity campaigns launched in support of it.
In response to the domestic and international public opinion,
which has been pressing for the federal administration to continue to
demarcate Indian areas, the Brazilian government announced the
homologation of eight Indian areas in different states. However, the
act will not produce any concrete result, as the amendment to the
decree will also affect the lands in question, whose demarcation may
be subsequently reviewed.
There is no reason whatsoever for the minister to be in such a
hurry to amend the decree. On Monday, at an audience with the
president of the Supreme Federal Court (STF), Sepzlveda Pertence, the
Council for the Articulation of Indian Peoples and Organizations of
Brazil (Capoib) was assured that the suit brought against the decree
on grounds that it is unconstitutional will not be judged for the time
being. This fact defeats one of the arguments of minister Jobim,
according to whom the decree has to be amended urgently because of its
imminent judgment by the STF. Meanwhile, constitutional reforms are
being approved at full speed. The plans of the minister reveal once
more what CIMI has been denouncing for a long time: the Brazilian
government is using Indian rights as a means to preserve the majority
in Congress.
DEPUTIES WANT TO CHANGE CHAPTER ON INDIANS
As if the proposed amendments to Decree 22/91 were not bad enough,
deputies want to change the chapter of the Constitution which provides
for Indian-related issues. With the aim of modifying chapter 231 of
the Constitution, which deals with Indian rights, deputy Nicias
Ribeiro (PMDB-Bahia) proposed a bill which is already being discussed
at the Chamber of Deputies. According to the bill, the demarcation of
Indian lands located close to the border strip should be forbidden, on
the false grounds that it would jeopardize the national security. In
addition, the amendment intends to transfer the power to demarcate
Indian lands from the Executive to the Legislative branch, thus
favoring anti-Indian forces in Congress, which are in the majority. It
is not the first time that such a tricky attempt is made. It was once
defeated in 1988, but is reappearing now with full power. Public
audiences to discuss the issue will begin to be held in July with the
participation of CIMI, Capoib, anthropologists, and jurists who deal
with Indian-related issues.
Brasilia, June 29th, 1995
CIMI - Indianist Missionary Council