Newsletter n. 785

 

– Guarani Leaders were sentenced to 17 years in prison due to their actions during the reoccupation of indigenous land

– Anacé People discuss land and environmental issues in their first assembly

 

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Guarani Leaders were sentenced to 17 years in prison due to their actions during the reoccupation of indigenous land

 

On September 19, a state court of Mato Grosso do Sul sentenced to 17 years in prison four Guarani leaders who had been arrested in January during a reoccupation of a land area near the city of Amambai, in the south region of the state.

 

Substitute judge César de Souza Lima convicted Rubens Ramão Rocha Ajala, Cassimiro Batista, Francisco Fernandes and Antônio Barrio. They were arrested on January 9, accused of having stolen a tractor. In fact, they were found with a tractor that belongs to the Madama Farm, located in the Kurussu Ambá land. This area comprises the traditional territory (tekoha) of the Guarani and had been reoccupied on January 4. 

 

While some families built shacks in the reoccupied area, a small group of indigenous people left the area to fetch for food in the Taquapery village, which is located near the Kurussu Ambá indigenous land. They were dialoguing with Funai officials and farmers, and because everything seemed calm, the indigenous people accepted a proposal made by the Madama Farm’s manager, who offered them a tractor for them to get food and materials to build their shacks. Four men, a woman and a few children were arrested in this trap. After several hours, the children and the woman were released.

 

The National Foundation for Indigenous People (Funai) requested a habeas corpus for the indigenous people, but the state court of appeals did not grant the indigenous people the right to remain free pending trial.

 

After the leaders were arrested, private security guards hired by farmers evicted the indigenous community from the area. On January 9, Julite Lopes, 73, a faith-healer, was murdered during this action. On January 15, the state branch of the Public Prosecutor’s Office pressed charges against the indigenous people who were arrested. The murderers of Juliet are still at large.

 

Case should be prosecuted by a federal court

According to the Higher Court of Justice (STJ), cases such as the one involving these four Guarani should be prosecuted by a federal court, because their action clearly took place as part of a land conflict. The STJ believes that only a federal court should judge any issues involving indigenous lands, languages, traditions or other indigenous assets protected by the Federal Constitution.

 

Funai has already appealed against the decision that convicted the four Guarani.

 

While the killers of dozens of Guarani in the state of Mato Grosso do Sul remain unpunished, the Indianist Missionary Council issued a note challenging the court decision that convicted the four indigenous people.

 

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Anacé People discuss land and environmental issues in their first assembly

 

Actions to legalize the occupation of land areas and to protect the environment were the main claims made by indigenous people at the Anacé People assembly, which was attended by about 120 people and held between September 21 and 23 in Caucaia, state of Ceará.

 

The land of the Anacé has been suffering direct and indirect impacts caused by undertakings of the Pecém Port and Industrial Complex. At the assembly, the indigenous people requested the Federal Prosecutor’s Office (MPF) to grant them a hearing with the aim of discussing these impacts. They want licenses granted to companies operating in their land to be annulled. About 1100 Anacé people live in the region of Caucaia.

 

The Anacé people also requested a hearing to the Federal Prosecutor’s Office for the purpose of discussing the legalization of their land, since its demarcation is one of the main claims of the indigenous people, which began to organize themselves about 10 years ago. “This assembly was very important because it strengthened our organization and our alliance with other peoples from the state of Ceará and from the northeast region,” analyzed Francisco Júnior, an Anacé leader.

 

The assembly was attended by representatives from the Tapeba, Tabajara, Tremembé, Pitaguary, Potiguara (from the state of Ceará) and Xukuru Kariri (from the state of Alagoas) peoples, in addition to leaders from the Articulation of Indigenous Peoples from the Northeast region, Minas Gerais and Espírito Santos (Apoinme). In Júnior’s opinion, the exchange of experiences with other peoples was very positive.

 

At the end of the meeting, they also asked the Federal Prosecutor’s Office to grant them a hearing to discuss the education being provided to their people. “We want to further some of our claims and agencies such as Funai, Funasa, and the Federal Prosecutor’s Office to take us more seriously” concludes Júnior.

 

 

Brasília, September 26, 2007

www.cimi.org.br

Indianist Missionary Council