DELAY BY FUNAI – Demarcation area Tupinikim and Guarani
On February 20th, 2006, summaries of the reports of the FUNAI Working Group 1.299/2005 were published in the National State Gazette, and during 90 days, according to the Federal Decree 1.775/96, Aracruz Celulose and other interested parties/persons could challenge these reports. One report is called ‘Tupiniquim’, and proposes to demarcate about 8,750 hectares, unifying the indigenous lands of Pau Brasil and Caieiras Velhas I and II. The other report is called ‘Comboios’, and proposes to demarcate about 1,250 hectares in order to extend the already existing indigenous area of Comboios.
Following the recommendations of both reports means that the Brazilian government should extend the indigenous Tupinikim and Guarani lands (today 7.060 hectares) in about 11,000 ha, and doing so it would finally guarantee the land rights of these two indigenous peoples in Espirito Santo.
Recently, we got surprised by a new publication by the President of FUNAI, Mr. Mércio Pereira Gomes, in the National State Gazette on May, 3rd and 4th, 2006, in which the period of 90 days for challenges gets delayed with another 30 days, extending the period for challenges to June 20th, 2006. The official reason for this is a complaint, sent by Aracruz Celulose to FUNAI, that the company did not get immediately full access to the information about the case after the publication of the summaries on February 20th. According to the company, only on March 20th Aracruz in fact got full access to the case, 30 days after the publication of the summaries.
Next steps of the case will be a 60-day period (which might be less) for FUNAI to analyze the challenges, and then 30 days for the Minister of Justice, Mércio Thomaz Bastos, to decide on the demarcation of the lands.
Next Thursday, June 1st, 2006, we will organize, together with the Commission for Peace and Justice and the National Movement for Human Rights, a Seminar with the title “The Rights of Indigenous Peoples and the Advance of Agrobusiness: Issues and challenges”. This will be one of the public events in this period in order to put more pressure on the government to make come true its verbal commitment with the Tupinikim and Guarani People.
During this event, in which Funai and Aracruz is being invited, besides well-kwown defenders of indigenous rights and representatives of the Commission of Tupinikim and Guarani Chiefs and Leaders, the present delay in the demarcation process will definitely be discussed.