Contents:
1. COIAB denunciation (translated)
2. PT Initiates Action Against Law of Indigenous Demarcation
3. Agribusiness Presents First Appeal to Indigenous Lands
4. Credits
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From: rainfor.general@gnosys.svle.ma.us
Subject: COIAB - Nota de Repudio
Original Sender: prmunic@amazonas.comlink.apc.org
Coordenacao das Organizacoes Indigenas
da Amazonia Brasileira - COIAB
Av. Ayrao, 235 . Presidente Vargas
Cx. Postal 1632 . CEP: 69.025-290
Manaus - Brasil
phone +55-92-233 0548
fax +55-92-233 0209
Note of Repudiation:
The Coordination of Amazonian Indigenous Organizations - COIAB, wish to
publicly condemn the Federal Government for the signing of the Decree 1.775
on 1/8/96. In signing the said decree, president Fernando Henrique Cardoso
has sealed another deal with the dominant elites and reaffirmed his
alliance with the colonists, big land owners, and other national and
foreign economic entities, denying even the slightest obligation to the
excluded members of Brazilian society.
The signing of Decree 1.775 is more than a setback: it's a death sentence
for many indigenous groups. In it regional states and "other concerned
parties" can intervene to stop the demarcation of more than 300 indigenous
areas, including many already demarcated and homogenized. It is incredible
that, to impose the will of the dominant elites, president Fernando
Henrique Cardoso holds no scruples to upstage the constitution with a
decree. At the heart [of the new decree], the concept of the
"Contraditorio" (right of appeal) was instituted, a precept defended by
military groups, politicians and big business owners, especially in the
northern region where indigenous peoples' lands are concentrated.
With this argument - the "Contraditorio"- groups and persons who in recent
times sponsored invasions, assassinations and other forms of violence -- as
in the suicides of the Guarani-Kaiowa, Yanomami and Ticuna and other
peoples-- are once again strengthened and are sure to return promptly to
the committing of crimes under cover of the State through the most cynical
and vile of tricks: Impunity.
Equally dangerous is the institutionalized threat of Decree 1.775 in that
the definition of indigenous lands rests on the good will of the Minister
of Justice. Minister Nelson Jobim, on various occasions -- often even
vulgarly -- demonstrated himself to be indifferent to the appeals of
indigenous people. What can we expect from this Minister of the current
government? What can we expect of a government that runs to the rescue of
financial institutions and leaves to their fate rural workers, retirees,
and other sectors of society?
In this occasion, COIAB publicly expresses its concern over the destiny of
resources granted by the German Government and the G7 countries for the
demarcation of indigenous lands. The signing of Decree 1.775 puts in
serious doubts the determination and even the honesty of the federal
government since monies that should be destined for indigenous peoples'
needs can end up being utilized for opposite ends, that is, for interests
foreign to those of the communities.
COIAB further alerts Brazilian society that this setback for the rights of
indigenous peoples is not an isolated case, but one measure among many
others that serve to render the Brazilian state more attractive to the
interests of large international capital, and for this end all [anseios]
and interests of the people will be subjected to damaging, illegal, and
immoral acts.
Manaus-AM, 11 de janeiro de 1996
COIAB-Coord. Das Org. Indigenas da Amazonia Brasileira
Andre da Cruz
----------------------------------------------------
Correiro Braziliense - 1/11/96
PT Initiates Action Against Law of Indigenous Demarcation
Ronaldo Brasiliense
The Partido dos Trabalhadores (Worker's Party) will take a Direct Action of
Unconstitutionality to the Federal Supreme Court as a move against Minister
of Justice Nelson Jobim's Decree 1.775 which altered the criteria for the
demarcation of indigenous lands in Brazil.
Yesterday in the Congresso Nacional, senator Marina Silva (PT-AC) and
deputy Gilney Vuiana (PT-MT) criticized the new decree and President
Fernando Henrique Cardoso's insensitivity to the indigenous question.
The Action of unconstitutionality will receive the support of various
indigenist entities, including the Conselho Missionario Indigenista (CIMI),
of the Catholic Church.
Audiencia - The parliamentarians of the PT and PV asked, already yesterday,
to be received by President Fernando Henrique Cardoso to persuade him to
revoke the decree, considered harmful for indigenous people.
In the evaluation of deputy Gilney Viana, the new decree -- which replaced
decree 22/91 -- will allow for the revision of 344 indigenous areas already
demarcated and homogenized by the Fundacao Nacional do Indio (FUNAI) or by
the Minister of Justice himself.
"There are 344 indigenous areas which have yet to be registered with the
Secretaria do Patrimonio da Uniao, and which run the risk of being reduced
or judicially revised," protested Viana.
Retaliation - In the Congress, various members of parliament stressed the
international impact of Decree no. 1.775, which damages the image of Brazil
as seen from abroad.
Deputy Fernando Gabeira (PV-RJ) feared that the German Government would cut
the funds originally provided, within the Programa Piloto for the
Protection of the Tropical Forests in Brazil, for the demarcation of
indigenous reserves in Brazil.
"The government of the German Federal Republic doesn't intend to cancel
this aid and supposes that, within the new Decree 1.775 that revokes Decree
22/91, the demarcation of indigenous areas will continue without
interruption," stated German Ambassador Claus Doisberg.
The German state freed up 30 million marks for FUNAI to guarantee the
demarcation of 54 indigenous areas. These have yet to be registered, and
could potentially be subject to further review by Decree 1.775.
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Folha de S.Paulo - 11/01/96
Agribusiness Presents First Appeal to Indigenous Lands
> From the Sucursal of Brasilia
The agribusiness company SATTIN S/A presented yesterday in the Palacio do
Planalto the first appeal of an indigenous area, four days after the
passing of Decree 1.775 which allows for the revision of demarcated lands.
The company wants to review the area of Sete Cerros (MS), inhabited by
Kaiowa Indians.
The actions of SATTIN call for the annulment of a presidential decree that
ratified, in 1993, an area of 9,000 hectares for approximately 230
Guarani-Kaiowa Indians. The company claims that the demarcation failed to
honor the titles obtained from the state government in 1929.
The company's lawyer, Jose Goulart Quirino, announced that next week a
second appeal will be presented. It will be that of the Panambizinho Rural
Colony (MS), located in the indigenous area of the same name.
The speaker for the Presidency of the Republic, Sergio Amaral, affirmed
that the government considers that areas homogenized by the president
before the [juridicos perfeitos], cannot be revised.
Quirinho affirms that the situation remained tense in Mato Grosso do Sul
after Minister of Justice, Nelson Jobim, and General Procurator of the
Republic, Geraldo Brindeiro, visited indigenous areas in the region.
According to the lawyer, approximately 70 employees of the agribusiness
company in Sete Cerros (MS) were expelled by the Indians with the help of
FUNAI. FUNAI has stated that it knows nothing of the eviction operation
against the employees.
In Panambizinho, according to Quirinho, the appeals will be in response to
the enlargement of the indigenous area from 60 to 1,240 hectares, decreed
on the 13th of December.
He claims that the enlargement evicted families settled there since 1943.
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Thanks to Native-L, Amanaka'a, and the Coordenacao Geral de Assuntos Externos.
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South and Meso American Indian Rights Center (SAIIC)
Box 28703
Oakland, CA 94604
(510) 834-4263 Fax: (510) 834-4264 Email: saiic@igc.apc.org
Home Page: http://www.igc.apc.org/saiic/saiic.html
For more information about SAIIC, send e-mail to <saiic-info@igc.apc.org>