dfsocioamb @ ax.apc.org (Instituto Socioambienta - Brasilia)
06/10/96 04:52 PM
Subject: Indian Land Rights Alert/Brazil
[ Forward on behalf of Steve Schwartzman]
Instituto Socioambiental
SHIS QI 11, BLOCO K, SALA 65
BRASILIA DF 71625-500
BRAZIL
tel 011 55 61 248 2439 2485412
fax 011 55 61 248 6420
dfsocioamb@ax.apc.org
socioamb@ax.apc.org
FUNAI RESPONSE TO CHALLENGE
Brasilia, June 10, 1996
The National Indian Foundation presented to the Justice Ministry responses
to the hundreds of challenges to demarcations of indigenous lands brought
by states, counties and private parties based on decree 1775. The decree
instituted the principle of third parties' right to contest government
action (contraditsrio) in demarcation proceedures and applied retroactively.
The FUNAI briefs rejected all challenges that sought to undo or alter the
boundaries of Indian lands in process of demarcation. In some cases, the
briefs agree to recalculating the values of indemnifications owed to good
faith claimants for improvements on Indian land.
The President of FUNAI stated that the boundaries of some areas may be
slightly altered, such as Cachoeira Seca and Apyterewa in Para state, whose
demarcations were physically blocked by smallholders. However, such possible
modifications will not be based in decree 1775, nor in the challenges it
generated, which are inconsisent. They will be oriented by on-the-ground
situations, seeking to make paralyzed demarcations feasible, and not
reductions in areas.
With the delivery of the FUNAI briefs on the challenges, the 30-day time
limit for the Minister of Justice to present his decision (due by July 9)
begins. We expect that the decisions will integerally maintain the limits
of the lands challenged. But we consider this the opportune moment for all
interested parties to demonstrate their support for the integral maintenence
of the limits of the challenged lands, through letters, faxes, telgrams, and
e-mail, to the Minister of Justice and the President of the Republic.
Exmo. Sr. Nelson Jobim
Ministro da Justica
Esplanada dos Ministerios - Bloco T
Brasilia DF 70064-900
Brasil
Fax - 55-61-224-2448
e-mail: njobim@ax.apc.org
Exmo. Sr. Fernando Henrique Cardoso
Presidente da Republica
Palacio do Planalto
Brasilia - DF - 70150-900
Brasil
Fax: 55-61-226-7566
email: gppr@cr_df.rnp.br