Ailson dos Santos – known as Yssô, from the Truká people, reported through a letter disseminated yesterday (February 2) that he and his son, 16, were assaulted by military police officers from the city of Cabrobó (state of Pernambuco). He reported that his son was detained and beaten by three police officers wearing civilian clothes in the Jatobazeiro village, where he lives, under the accusation of driving a motorcycle without a license.

 

Shortly after this incident, according to what was reported, three patrol cars approached Ailson and took him to a police station. “I was accused of being drunk, but I was not drinking. They accused me of running over a police officer, but I had left my car at home. They accused me of driving my car with too many people in it, but I wasn’t even driving. In the end, I slept in the police station without knowing why. All I know is that my motorcycle and my car were confiscated and they fined me twice for each of them.” 

 

This is not the first time that indigenous people suffer police persecution in the state of Pernambuco. The fact that three leaders of the Xukuru people who live in the municipality of Pesqueira were recently arrested under charges of having participating in a murder in August 2007 – without any evidence – bears witness to this kind of situation.

 

“I know that military police officers have been out of control in Pernambuco, in the city of Cabrobó, treating innocent citizens as criminals. These prejudice-driven police officers say that there are no indigenous people living on the Island [Nossa senhora da Assunção, where the Jatobazeiro village is located],” Yssô said.

 

Ailson, who is an indigenous representative at the National Health Council, also recalled in the letter another case where Military Police officers acted violently against indigenous people in the Jatobazeiro village. In 2005, four police officers murdered two indigenous people from the Truká people (Denilson and his son).

 

***

 

Land balance 2007: Four of the 20 areas declared as indigenous lands had the official declaration of their bounds suspended

After a long period without any land demarcations during the first Lula administration (2003 – 2006), in 2007, twenty areas have been declared indigenous lands. However, other maneuvers and pressures from anti-indigenous sectors in the court system and in Congress gained momentum last year and ended up suspending the effects of four administrative rulings which had officially established the bounds of those lands.

 

During the term of the former minister of Justice, Márcio Thomaz Bastos, administrative procedures for demarcating indigenous lands were interrupted due to regional political pressures, particularly from governors Blairo Maggi (state of Mato Grosso – MT), Luiz Henrique (state of Santa Catarina – SC), and former governor Zeca of the Workers’ Party (Mato Grosso do Sul – MS). They demanded the suspension of land demarcation processes in those states. Between 2003 and 2006, only two areas were declared indigenous lands in the State of Mato Grosso do Sul, only one in the state of Santa Catarina, and none in the state of Mato Grosso.

 

In April 2007, four areas were declared indigenous lands in the state of Santa Catarina; however, non-indigenous occupants, following the advice of the state government and some mayors, filed several appeals with a federal court and managed to suspend the effects of the administrative rulings issued by the Ministry of Justice for the Toldo Pinhal, Guarani of Araca´y, Xapecó and Toldo Imbu indigenous lands. All these judicial proceedings are now suspended until a lawsuit filed by the Federal Administration and the Federal Prosecutor’s Office is judged.

 

The effects of the Toldo Imbu administrative ruling had been suspended, but the Federal Regional Court of the 4th region ruled that its effects were to be reestablished

 

 

In Congress

Another strategy that has been often used by people who are against indigenous rights is to refer proposals for legislative decrees (PDCs) to the National Congress to suspend the effects of published administrative rulings. From a legal point of view, all these PDCs proposed by the ruralist bench are unconstitutional. This strategy has been used by the anti-indigenous bench of the state of Roraima with the aim of annulling the official confirmation of the bounds of the Yanomami and Raposa Serra do Sol indigenous lands.

 

Representative Valdir Colatto (Party of the Brazilian Democratic Movement- state of Santa Catarina) submitted four PDCs to try and annul administrative rulings which declare certain areas in that State as indigenous lands. Representative Waldir Neves (Party of the Brazilian Social Democracy-state of Mato Grosso do Sul) submitted a PDC to suspend the only administrative ruling signed in 2007 declaring an area in the state of Mato Grosso do Sul as an indigenous land – the Cachoeirinha land belonging to the Terena people.

 

Even if these decrees are not passed, these proposals have created a “mood” in Congress against the demarcation of indigenous lands. If more laws against the demarcation of indigenous lands are passed, the result can be disastrous.

 

Although the minister of Justice, Tarso Genro, endorsed the administrative rulings, a lot of political will be necessary to carry out the demarcations that are yet to be executed: only 378 of the 850 lands to be demarcated had their processes completed. In order to comply with its obligation, the National Foundation for Indigenous People should now resume its official role and set up Technical Groups in charge of identifying indigenous lands to be demarcated.

 

 

Brasília, February 7, 2008.

Cimi – Indianist Missionary Council

www.cimi.org.br