After evaluating the legitimacy of all 531 claims against indigenous
lands under Decree 1775, the Brazilian National Indian Foundation
(FUNAI) rejected all such claims from states, counties and private
parties which sought to revoke indigenous territorial rights. Decree
1775, singed into law by Brazilian President Fernando Henrique
Cardoso on January 8 installed the right for interested parties to
appeal against the demarcation of indigenous areas based on land
tenure rights. FUNAI holds that all claims lacked the necessary
documentation to prove that the lands in question were not ancestral
indigenous territories. Therefore, the agency's recommendation to
the Minister of Justice, Nelson Jobim, who will make the final
decision on July 9th, is not to accept any of the 531 claims presented
against indigenous territories.
About 250,000 indigenous people live in Brazil, representing 215 ethnic
groups and 170 different languages. They live in 526 territories
nationwide, which together comprise an area of 190 million acres - twice
the size of California. About 188 million acres of this land is inside
the Brazilian Amazon, in the states of Acre, Amapa, Amazonas, Para, Mato
Grosso, Maranhao, Rondonia, Roraima, and Tocantins. There may also be
50 or more indigenous groups still living in the depths of the rainforest
that have never had contact with the outside world.
Since about 65% of the Amazon Basin is in Brazil, and 188 million acres of
that land is the ancestral homeland of BrazilUs indigenous peoples, it is
a crucial strategy for both rainforest preservation and human rights to
make sure this land is put formally into indigenous control. However, 125
million acres of this land still await demarcation as indigenous territory.
The political climate generated by the signing of Decree 1775 led to a
wave of conflicts on indigenous lands throughout the country. Recently,
the Alto Rio Guama indigenous reserve was invaded by land squatters
who took 70 Tembe Indians and 3 FUNAI agents hostage. Reportedly 3 to
4,000 gold-miners have re invaded the Yanomami territory. Although the
reason for the miners return is mostly a result of the federal
government's suspension of helicopter surveillance, known as operation
jungle, some indigenous rights advocates believe the mining cartel to have
encouraged a massive invasion banking on the anti-indigenous rights
momentum rooted by right wing extremists.
Meanwhile Minister Nelson Jobim considers his final decision on the
contested lands, the international community and indigenous rights
advocates in Brazil demand the immediate demarcation of all the 73
territories that were not contested under Decree 1775. Now that the
demarcation process is regulated by the introduction of Decree 1775 and
with the available funds through the World Bank's Pilot Program for the
Amazon, the government has no reason not to conclude the demarcation
process of those indigenous territories.
As it relates to the areas being questioned, the Minister should follow
the technical recommendation by the federal agency, FUNAI, and turn down
all contestations, once and for all. In weighing his decision, Nelson
Jobim, should honor Article 231 of BrazilUs constitution which guarantees
indigenous people control of their traditional lands, and rights to secure
their cultural identity.
Please write to their excellencies, President Fernando Henrique Cardoso
and Minister Nelson Jobim, to maintain the integral limits of the
challenged lands and to expedite the demarcation process for all
indigenous lands in Brazil.
Exmo. Sr. Nelson Jobim
Ministro da Justicia
Esplanada dos Ministerios - Bloco T
Brasilia DF 70064-900
BRASIL
Fax: (+5561) 224-2448
E-mail: njobim@ax.apc.org
Exmo. Sr. Fernando Henrique Cardoso
Presidente da Republica
Palacio do Planalto 3< andar
Brasilia DF 70150
BRASIL
Fax: (+5561) 226-7566
E-mail:pr@crdf.rnp.br