In this newsletter:

– Ministry of Justice pledges to make a decision on Toldo Pinhal indigenous land after indigenous people blocked roads

– Victory in Yvy Katu: Higher Court of Justice upholds Administrative Ruling which defines the bounds of the indigenous land

– Young indigenous people organize themselves to contribute to the cause of their peoples in the state of Bahia

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Ministry of Justice pledges to make a deciSion on Toldo Pinhal indigenous land after indigenous people blocked roads

 

About 350 Kaingang and Guarani indigenous people blocked four roads inside the Toldo Pinhal indigenous land, located in the municipalities of Seara, Arvoredo and Paial in the state of Santa Catarina, in the wee hours between Monday and Tuesday, on the 12th and 13th. This action led the ministry of Justice (MJ) to pledge to announce its decision on the review of the bounds of this land by Wednesday, the 21st. The administrative proceeding for reviewing the bounds of the area has not advanced at all since January 7, when it was referred to the Ministry of Justice. According to Decree 1,775, which regulates the process, the Ministry had thirty days to announce its decision on the issue.

 

After knowing about the deadline set by the ministry of Justice, the indigenous people decided to stop blocking the road by Wednesday. According to chief Lauri Alves, the intention of his people is to keep the mobilization until minister Márcio Thomaz Bastos issues the decision. If the Ministry of Justice does not announce the decision within the deadline set by it, new protest demonstrations will be held.

 

The Toldo Pinhal indigenous land has 880 hectares today, which are insufficient to meet the needs of the about fifty Kaingang families who live there. 

 

In recent years, the indigenous peoples of Santa Catarina have been making a permanent and fruitless effort to sensitize the federal administration to speed up the procedures for officially recognizing the bounds of their lands.

 

According to the Regional South Office of the Indianist Missionary Council, the mobilization of the indigenous is legitimate and represents a strong denunciation of the illegal and unfair stalling of the procedures involving their lands. In Cimi’s opinion, this paralysis is just part of a political action and is the result of the unscrupulous subservience of the federal administration to anti-indigenous pressures applied by representatives and government of the state of Santa Catarina.

 

VICTORY IN YVY KATU: HIGHER COURT OF JUSTICE UPHOLDS ADMINISTRATIVE RULING WHICH DEFINES THE BUNDS OF THE INDIGENOUS LAND

  

The Higher Court of Justice confirmed the demarcation of the Yvy Katu indigenous land, located in the municipality of Japorã, state of Mato Grosso do Sul, in a judgment session held on September 14.

 

The Higher Court of Justice rejected a request filed by the Agropecuária Pedra Branca company, which challenged the validity of the process adopted for demarcating the indigenous land arguing that they didn’t have fair opportunities to contest the way the land was identified. Justice Teori Albino Zavascki voted against the request: “The request was analyzed and rejected by Funai. The arguments of the defense were duly taken into account in a report issued by Funai, but they were considered irrelevant and even rejected on technical grounds. The adversary system and the right to a fair defense were fully guaranteed,” it said.

 

By rejecting the writ of mandamus requested by the company, justice Teori Albino Zavascki, who reviewed the proceedings, voted against the vote of the rapporteur, justice José Delgado, who in a previous section had voted in favor of the request.

 

According to chief Rosalino Ortiz, the objective of his people now is to fight for the demarcation of their land. “It was a good decision. What we have to do now is to take appropriate measures to ensure the demarcation and the official confirmation of the bounds of our land,” the chief said at the end of the judgment session. The Agropecuária Pedra Branca company can still appeal against this decision at the Supreme Court.

  

YOUNG INDIGENOUS PEOPLE OF BAHIA ORGANIZE THEMSELVES

Young Tubinambá indigenous people from the Serra do Padeiro region held a Seminar for Tupinambá Young People in the Serra do Padeiro village on September 9 and 11. In lectures, work in groups and workshops, they discussed land issues, how they could organize themselves, and public policies. “The land is a must for ensuring the survival of all indigenous peoples and the government and our enemies have been treating our mother land as a tool for negotiations. We must organize and strengthen ourselves to prevent any further encroachment upon our territories. Our culture must be strengthened and encouraged by us, young people. We must know our traditions better and talk to and respect our elders, but we also demand respect and appreciation for us on the part of our leaders,” they concluded.

The young people, who have plans to hold a second seminar next year, made a decision to improve the channels of dialogue with their elders and leaders with the aim of strengthening their struggle and to invest in training as a means to prepare themselves better to engage in discussions on public policies. They want to participate in the indigenous movement actively, to stimulate the creation of a commission to fight for the land of the indigenous people of Bahia and to create a council of young indigenous leaders in the state. The aim of all these actions is to discuss and propose solutions for issues related to their culture, policy and land.

 

Among others actions, they intend to “reject all large projects which affect our villages in a negative way, such as the construction of dams, the transposition of the São Francisco river, the development of eucalyptus plantations, hotels, mining activities and other projects.”

 

They also want to ensure their autonomy in their villages, “so as to ensure our struggle with independence,” as indicated in their final letter.

 

The seminar was also attended by young indigenous people representing the Pataxó Hã-hã-hãe, Tuxá, Tumbalalá, Pataxó from the south tip of Bahia, the Association of Indigenous Peoples from the Northeast Region, Minas Gerais and Espírito Santo (Apoinme), students and supporting organizations.

 

Brasília, 15 September 2005

Cimi – Indianist Missionary Council

www.cimi.org.br