Together with the Consumer, Environment and Minorities Commission
of the Chamber of Deputies, CIMI organized the seminar ``The State and
Indigenous Peoples,'' which was held on June 11-12. The seminar
addressed controversial issues related to the constitutional rights of
indigenous peoples, constantly neglected by the Brazilian State, at a
moment when the federal administration is examining opinions on claims
against the existence or size of indigenous areas. Three main topics
were discussed at the seminar, namely, ``The Role of the State in
Ensuring Indigenous Rights,'' ``Indigenous Territorial Rights,'' and
``Demarcation Procedures: Decree 1,775/96.'' The Pro-Indian Commission
of Sao Paulo, the Office of the Attorney General, CAPOIB, Funai and
Federal Deputies took part in the seminar as debaters.
On the first day, two unjustifiable and disrespectful absences
were registered: that of the president of Funai, Julio Gaiger, and
that of the superintendent of the Federal Police, Vicente Chellotti.
Deputy Ivan Valente (PT-SP), who presided over the works, said that
the importance attached to the topic by those authorities shows how
the executive branch is domineering about it. The lecturer invited to
address the first topic, Federal Judge Tourinho Neto, strongly
defended the right of indigenous peoples to the land. He criticized
the policies adopted by the government to ``integrate'' Indians into
national society, destroying their customs and traditions.
CIMI's advisor, Paulo Machado, reaffirmed the concept of
indigenous territorial rights, which is being contested by the
Ministry of Justice. Anthropologist Enio Barreto denounced that since
1993 the pace of land demarcations has slowed down and warned that
Decree 1,775/96 represents the fourth change in demarcation procedures
in Brazil in the last 13 years. The last lecturer, renowned jurist
Dalmo de Abreu Dallari, said that the Union has never placed priority
on the demarcation of indigenous areas and that this is why public
funds have always been insufficient for this purpose. He denounced
that the new decree is full of legal imperfections, the most obvious
of which is the validity of certain land ownership rights of squatters
and invaders of indigenous areas, which were annulled by the
Constitution. Dallari said that the new decree favors invasions of
demarcated indigenous areas and indemnity claims in bad faith.
FUNAI ISSUES OPINIONS ON CLAIMS AGAINST THE EXISTENCE OR SIZE OF
INDIGENOUS AREAS
According to the press, the president of Funai, Julio Gaiger,
delivered 536 opinions on claims against the existence or size of
indigenous areas to the Ministry of Justice on June 10. However, no
explanations were provided about the criteria that were used to reduce
the number of those claims, as according to the former director of
Funai's Land Department, Isa Pacheco, the agency received over 1,800
claims. Gaiger admitted that ``as demanded by Indian-supporting
entities,'' no claims were accepted, but he revealed that at least two
areas will have their bounds reviewed: Cachoeira Seca (Kaiapo) and
Apyterewa (Parakana~), both of which are located in the state of Para.
The minister of Justice, Nelson Jobim, has a deadline of 30 days to
analyze Funai's opinions. Refusing to accept these opinions, the
company Sattin Agropecuaria e Imoveis asked the Supreme Federal Court
to continue to judge an injunction which may annul the demarcation of
the Sete Cerros indigenous area in the state of Mato Grosso do Sul,
belonging to the Guarani-Kaiowa.
Brasilia, 14 June 1996
Indianist Missionary Council