DEPUTIES ANALYZE ANOTHER BILL AGAINST INDIANS
The National Congress is considering the adoption of a new model
for reservation units called Indigenous Reservation for National
Conservation which may be a new attack on indigenous rights in Brazil.
The model was proposed by the Socioenvironmental Institute (ISA) to
the National System of Conservation Units (SNUC), which intends to
establish ten conservation units with the aim of setting up an
integrated, consistent and complete network of such units. The bill
proposing the Indigenous Reservation was accepted for consideration by
rapporteur Fernando Gabeira (deputy of the Green Party - Rio de
Janeiro), after the original text was amended.
Worried with the negative effects of the bill on the rights of
indigenous peoples, CIMI is proposing an amendment refuting the
proposal of the Socioenvironmental Institute, which is regarded as
clearly unconstitutional. The model of the Indigenous Reservation for
National Conservation deals with indigenous lands and their components
in a manner which is not in tune with the Federal Constitution, as it
is intended to turn them, among other things, into territorial spaces
whose main purpose would be to conserve the natural resources found in
them, where research activities, visits, private and public works, and
the exploitation of natural resources would be allowed. According to
the proposal, the Reservation would be managed by the agencies in
charge of environmental and indigenous matters and both public and
private institutions, and indigenous groups would no longer enjoy
exclusive usufruct rights in it, as private individuals and groups
would also be entitled to enjoy this right.
In its amendment, CIMI warns that, conceptually, lands
traditionally occupied by indigenous groups are areas for the
conservation of environmental resources where the policies, practices
and measures to conserve nature provided for in the law are to be
applied, except those which are not consistent with the exclusive
possession and usufruct rights ensured to indigenous groups in the
Constitution. Any conservation measures to be adopted must be
previously agreed upon with the communities concerned, which must
receive compensations for any inconveniences.
COURT WITHDRAWS DECISION ON INDIGENOUS LAND
Minister Ilmar Galvao of the Supreme Federal Court in Brasilia
withdrew a decision aimed at suspending the effects of the
Administrative Decree which established the Ventarra Indigenous Area
of the Kaingang Indians in the state of Rio Grande do Sul. The
decision was made as a result of a bill of review filed by Funai. The
Indianist agency based its arguments on Law 6,001/73, according to
which "no judicial action may be taken on a preliminary basis" in
proceedings involving indigenous groups "without the prior knowledge
of the Union" or of Funai.
Therefore, the demarcation process can continue until the stage
before the registration of the land, provided that the present
situation is not changed - with regard to possession issues and title
deeds to be discussed as a result of an action filed by Funai at the
Supreme Federal Court. However, the demarcation of the Ventarra
indigenous area was interrupted on July 9, when the minister of
Justice, Nelson Jobim, determined that its invaders would have a
deadline of 120 days to apply for compensations for improvements made
therein.
Brasilia, 29 August 1996
Indianist Missionary Council