Newsletter nº. 823

 

–        Evicted Guarani suffer strong police repression

–         Demarcation of Guarani area Araça’i continues

 

 

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Guarani families suffer strong police repression

  

Four Guarani families suffered strong repression by the Military Police of Rio Grande do Sul last Tuesday (1/7), in Eldourado do Sul, in the Porto Alegre area. On June 1 the families occupied a roadside close to an area they revindicate that is owned by the state of Grande do Sul.

 

Next to the road where the families were camping is the State Foundation of Agricultural Research (Fepagro), which took the occupation to court on June 26, arguing that the Guarani were occupying land properties of the Foundation. However, the families never crossed the fence that surrounds the Fepagro area.

 

The eviction order was granted the very same day by judge Luciane Di Domenico without hearing the other side, the indigenous. Five days later a court officer, who was accompanied by the Military Brigade, handed over the order to the indigenous families.

 

According to their leader Santiago Franco a great number of policemen, police cars and vans arrived to evict the families, mostly composed of women and children, from the area. The police approached the camp violently, pushing people, kicking and destroying the tents and other belongings. They handcuffed Santiago. “I asked them if we could call the Funai to discuss with us, but they told me we didn´t come here to discuss, we came her to comply with the court order.”

 

CIMI considers the order unlawful, because decisions concerning indigenous rights are a responsibility of the Federative Justice, according to the Constitution. On top of that, the motif for the eviction order was non-existent, as the indigenous enver entered the land of the Research foundation. And the order was legally incorrect, as it addressed the Kaingang families when they were Guarani. Another prerequisite was not complied, as the Funai and the Federal Ministery Public Affairs were not notified about the case and were not accompanying the eviction.

 

The day after, the Guarani filed a complaint and met with the Procurator of the Republic soliciting that the case be taken to the Federal Justice.

 

TRF Rules that demarcation of Araça’i be continued

 

A Federal judge in the State of Rio Grande do Sul ruled that the demarcation process of the Guarani area of Araça`I be continued. The process had been stopped, when a lower judge suspended the Demarcation order signed by the minister of Justice in April 2007.

 

Parties contesting the legality of the ministerial demarcation order had requested the suspension of the demarcation. The federal judge however argued that the merit of that case had not been judged yet. Until that happens, the demarcation ought to be continued.

 

The continuation of the demarcation opens the possibility that Guarani receive the land they revindicate. This might be temporarily though, if the contesting case were to be judged in favor of the contestants.

 

History