DECISION OF BRAZILIAN MINISTRY OF JUSTICE: one more disillusion for Tupinikim and Guarani
DECISION OF BRAZILIAN MINISTRY OF JUSTICE: ONE MORE DISILLUSION
Update Tupinikim and Guarani case, March 2007
Finally, the Minister of Justice Márcio Thomas Bastos took a decision about the land issue of the Tupinikim and Guarani indigenous peoples. But instead of fulfilling his promise, assumed in February 2006 in a public meeting in the state of Espirito Santo to demarcate their traditional lands ´right and fast’, the Minister decided to return the file to FUNAI (National Foundation on Indigenous Issues), requesting that this governmental Foundation should make studies to reconcile the interests of the indigenous peoples and of Aracruz Celulose S/A.
With support of CIMI (Missionary Council for Indigenous Peoples), a protest letter against the decision of the Minister of Justice, has been written, which will be circulated at the National Seminar on Human Rights in Brasilia tomorrow (2nd of March), in search for support.
We also want to ask you as supporters of the Tupinikim and Guarani indigenous peoples to sign this letter until tomorrow 18 hours (Brazilian time).
This short time period is necessary because next Saturday, 3rd of March, a General Meeting of the Tupinikim and Guarani will be held, and we want to take this letter of support to the meeting, because during this Assembly the indigenous communities will evaluate and discuss the next coming steps in the fight for their land.
Therefore, it is important that at this moment we, supporters of the Tupinikim and Guarani, show that we are together with them in their struggle!
Confirm your signature by sending an email to: [email protected]
Warm greetings,
Winnie Overbeek – FASE/ES
Geertje van der Pas – CIMI
OPEN PROTEST LETTER AGAINST THE DESISION OF THE MINISTER OF JUSTICE, AND IN SUPPORT OF THE TUPINIKIM AND GUARANI IN THE STATE OF ESPÍRITO SANTO
The Tupinikim and Guarani who are occupying the Indigenous Tupinikim and Comboios Lands in the state of Espírito Santo, are fighting for the demarcation of their traditional territory. These two lands have been identified by studies carried out by a Technical Working Group (GT) of Funai in 1997. In spite of these studies, the company Aracruz Celulose S.A. continued the irregular occupation of 11,000 hectares of indigenous lands. Through a recommendation made by the Federal Public Prosecution Service to the President of the Republic and the State Minister of Justice, Funai decided in 2005 to re-open the administrative procedure for the demarcation of the above-mentioned lands, based on the studies of the GT of Funai.
Now, after internal procedures at the Ministry of Justice and more than 120 days passed beyond the legal stated period, the Minister of Justice, instead of signing the Decree to demarcate the indigenous lands, following the recommendations of the Presidency of Funai and the Juridical Consultancy Department of the Ministry of Justice, the Minister decided to return the file to Funai in order to carry out studies to develop a proposal that reconciles the interests of the Tupinikim/Guarani and Aracruz Celulose S.A.
The intention of the Minister points to a further delay of the demarcation of the lands, although Funai can also decide to reconsider the limits proposed before by the Technical Working Group (GT) of Funai. If this will happen, both the Minister and Funai are flagrantly insulting the Brazilian Constitution, because the territorial space proposed by the GT to be demarcated, consists of the elements of a traditionally, by Tupinikim and Guarani occupied, territory, in conformity with what is established in the Brazilian Constitution.
According to article 231, 4th paragraph, of the Federal Constitution, indigenous lands are inalienable and unavailable. The Constitution forbids that neither the Union, nor the indigenous peoples, transfers this native right of the indigenous people to third parties.
Furthermore, all acts that aim the occupation, the domain and the ownership of indigenous lands, by others than indigenous people, are invalid and they do not have any legal consequences, according to article 231, 6th paragraph, of the Federal Constitution.
Considering the above, those who sign this protest letter against the decision of the State Minister of Justice demand the following:
– the immediate repeal of the decision that returns the administrative file to Funai, based on the above-mentioned arguments and being a decision unfavorable to the constitutional and human rights of the Tupinikim and Guarani;
– the immediate edition of the Decrees that recognize and demarcate the lands of the Tupinikim and Guarani, according to the studies realized by the GTs of the FUNAI.
At the same time, the undersigned demonstrate solidarity and support to the fight of the Tupinikim and Guarani for the recovery of their traditional territory.
