The following declaration was made at the Seminar “The Rights of Indigenous Peoples and the Advance of the Agrobusiness: Issues and Challenges”, which took place on 1st June 2006, in the town of Vitória/Espirito Santo.

 

We want to use this historical moment to express the fundamental points concerning the land conflicts involving the Tupinikim and Guarani Indians and the multinational Aracruz Celulose in the municipality of Aracruz, Espirito Santo. We also want to state our demands for a solution by the Federal Government, an institution which we have high expectations of providing a final decision about the conflicts.

 

It is important to remember that Aracruz Celulose today occupies about 150,000 hectares of land in the state of Espirito Santo, of which 18,070 hectares are the property of the Union and are intended for the exclusive and permanent possession of the Tupinikim and Guarani indigenous peoples, as determined by the Federal Constitution. Although these lands were identified by the National Foundation for Indians (FUNAI), the involvement of the Brazilian government since 1967, has been fundamental in guaranteeing the continuation of this invasion. Only 7,061 hectares have been recovered by the Indians, after a lot of struggle and suffering. The remaining 11,009 hectares are still being occupied by the company. Since May 2005, the Indians have been waiting for the Demarcation Decree by the present Minister of Justice.

 

A solution is in the hands of the Minister of Justice. All the technical studies to settle the issue of the rights to the lands under dispute have already been produced and the results are well known. Therefore, there is no place for doubts, at least from the technical point of view. In the past decade, four groups of specialists from FUNAI have carried out identification studies of the indigenous lands. The results indicated and reaffirmed that the lands under dispute are traditionally occupied by the Tupinikim and Guarani Peoples. Even more important, FUNAI’s technical studies concluded that these lands are fundamental for the physical and cultural survival of the Indians.

 

The matter has now entered the complicated area of political definitions, in which it is the role of the government to decide its position, under pressure from all the various interests. We know that during the last two decades of misuse of privileges at the federal governmental level since the military dictatorship, Aracruz Celulose has become a very powerful economic stakeholder, with the capacity of influencing most of the decision-making levels of the Republic.

 

Therefore, in view of the arbitrary acts that have taken place, and the perverse consequences on the indigenous communities of Espirito Santo, we maintain that this time indigenous human rights must be put ahead of the merely economic interest of the eucalyptus multinational.

 

It is necessary to point out that this association of private interests and the public sphere, so common in our republican history, is the major power for pressure that the company possesses. Going against Brazilian legislation, Aracruz Celulose is attempting to disqualify the administrative procedure by forcing a solution by means of the courts. We oppose this measure and denounce it as disrespectful of Brazilian legislation: Decree 1.775/96 deals with the administrative procedures for demarcation of indigenous lands. Besides, it is very clear that the company is taking advantage of the slowness of the court and the legal loopholes that have benefit the economic and financial power. Meanwhile, the company can continue making profits from the eucalyptus plantations on indigenous lands.

 

Finally, from the perspective of indigenous rights, we demand that:

• The Brazilian government pays the social debt to the Tupinikim and Guarani and obeys the articles 231 and 232 of the Federal Constitution and ILO   Convention 169, of which it is a signatory;


• FUNAI emits a well-substantiated position about the arguments against the demarcation presented by Aracruz Celulose and within a period of 30 days;


• The Minister of Justice signs the Demarcation Decree within the established period of 30 days, without demanding new studies.

 

 

Vitória, June 1st 2006