– Chief Joel Braz Pataxó will be kept in preventive custody in indigenous station

– UN Declaration on the Rights of Indigenous Peoples is in its final approval stage

 

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CHIEF JOEL BRAZ PATAXÓ WILL BE KEPT IN PREVENTIVE CUSTODY IN INDIGENOUS STATION

 

In the afternoon of last Thursday, the 29th, the Higher Court of Justice (STJ) allowed the chief of the Pataxó People, Joel Braz, to be kept in preventive custody in the indigenous station which is closest to his village, located in the Pascoal Mount region, in the south tip of the state of Bahia, northeast region of Brazil. The decision is based on the Statute of Indigenous Peoples, which provides for the possibility of indigenous people serving prison “where the federal agency in charge of assisting indigenous people closest to their place of residence is located” (article 56).

 

The chief is accused of a murder in December 2002 and the case is being dealt with as a common crime. The Pataxó community, however, says that the death of the farm employee occurred as a result of a land dispute. In the late 1990s, the Pataxó reoccupied the Pascoal Mount Park and continue to fight for the right to occupy areas neighboring the park and for the full demarcation of their lands. The defense attorneys of Joel Braz had requested, in the Habeas Corpus which was judged this afternoon, that the case should be judged by a federal court. “State courts are not entitled to judge this homicide because it was not caused by a momentary quarrel, but rather by a land dispute between indigenous people and farmers,” said lawyer Paulo Machado Guimarães, in an oral defense of his arguments before the STJ.

 

The request was not granted, but justices Gilson Dipp and Arnaldo Lima said that it could still be granted if the connection between the crime and the land dispute is confirmed. This change may be considered in the light of the new situation related to the proceedings, after which it is expected to advance.

 

The decision of the rapporteur, justice Laurita Vaz of the 5th STJ Panel, partially granted the requests of the defense attorneys of Joel Braz and was accepted by all the other justices attending the session.

 

 

UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES IS IN ITS FINAL APPROVAL STAGE

 

The UN Human Rights Council approved on Thursday, the 29th, the Declaration on the Rights of Indigenous Peoples. The text will now be reviewed during the UN General Assembly in the second half of this year, where it needs to be finally approved by consensus. This consensus still has to be built, since today there were 30 votes in favor of the text as it is and two against it (from Canada and Russia) and there were 12 abstentions.

 

If approved, the Declaration will be an additional instrument to ensure respect for indigenous rights. The text ensures self-determination rights to original indigenous populations and, as a result, the right to preserve and strengthen their different political, legal, economic, social, and cultural organizations, while preserving their right to take full part in the economic, social, and cultural life of the countries they live in if they choose to do so.

 

The declaration is based on the assumption that indigenous peoples, collectively or individually, have the right to enjoy all the fundamental human rights and liberties recognized by the UN. They are free and equal to all other peoples and they have the right to be free from any type of discrimination.

 

Indigenous leaders from Brazil participated in the discussions actively and pressured the Brazilian government to approve the text. During today’s voting session, the Brazilian representative in the Human Rights Council, Clodoaldo Hugueney, said: “The Declaration on the Rights of Indigenous Peoples is very important for us to fight discrimination and distortions created by centuries of discriminations.”

 

Brasília, June 29, 2006.