• Terra Livre 2009: Indigenous peoples approve proposal for text of new Statute
  
• CIMI releases report on Violence against Indigenous Peoples – 2008

                                                                      

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Terra Livre 2009: Indigenous peoples approve proposal for text of new Statute

 

The more than one thousand indigenous representatives who participated in the 6th Acampamento Terra Livre (ATL) approved a proposed text for the new Statute of the Indigenous Peoples. The document requires an end to tutelege and the right to veto projects of exploration of water and mineral resources in indigenous lands. Between May 4 and 8, representatives of the 130 peoples camped on the Esplanade of the Ministries, in Brasilia.

 

The approval of the text for the new Statute was the primary objective of the 2009 ATL. Following days of debates, the indigenous representatives approved, with some changes, the proposal elaborated by the Comissão Nacional de Politica Indigenista (CNPI), in which participate indigenous, indigenist organizations and representatives of the organs of the Executive. The CNPI systematized the discussions of the 10 regional meetings that were held between August and December of 2008, involving more than one thousand indigenous from throughout the country.

 

The indigenous peoples require profound changes in relation to the Statute that has been in force since 1973. They desire the end of tutelege so that they are able, for example, to establish labor contracts without intermediation of the Union. They also propose that the new text eliminate exceeded terms like “silvicolous” or “tribes”, which transmit an idea of “inferior stage of development”. In relation to mineral and water resource exploration, the indigenous demand the right to veto when the projects affect the lands where they live.

 

The processing of the Statute has been stopped for 15 years in the National Congress. To press the parliamentarians to resume the debate on the text, the indigenous representatives held a public hearing in the Federal Senate on May 7. Some federal senators and deputies, in the audience or during visits to the Acampamento, pledged to accompany the projects in process that affect the indigenous peoples and the return to debate on the Statute of the Indigenous Peoples.

 

The audience in the Senate also repudiated the proposals of the senators and deputies that threaten the rights of the indigenous peoples. Among these, they highlighted the project by senator Mozarildo Cavalcanti (PTB-RR) and that of the deputies Ibsen Pinheiro (PMDB-RS) and Aldo Rebelo (PCdoB-SP), which transfer to the Senate and the Congress, respectively, the decision regarding the demarcation of indigenous lands.

 

“We know that many parliamentarians hold anti-indigenous positions, but we have a positive perspective in relation to discussion of the Statute”, appraised Sandro Tuxá, of the Articulação dos Povos Indigenas do Nordeste, Minas Gerais and Espirito Santo (Apoinme). “When we return to discuss the Statute, we will come to Brasilia, create pressure, to call attention, to guarantee that the text approved guarantees our rights”, he said in closing.

 

Land, health and criminalization

During the 2009 Terra Livre, the indigenous peoples from throughout the country also reported the violations to their rights, primarily to land and to health assistance, as was recorded in the final document  (in Portuguese) of the meeting. Peoples from all regions of the country still struggle to demarcate their lands or remove invaders from demarcated lands. The situation of the Guarani Kaiowá of Mato Grosso do Sul was highlighted by a number of people, who expressed support for the struggle of the Guarani.

 

Another process against the indigenous remembered in various speeches was the criminalization of the leaders and of the struggles of the peoples, with attention given to the situation of the Xukuru (PE) and the Cinta –Larga (RO).

 

Terra Livre was reaffirmed as the primary forum of the indigenous peoples of Brazil. “The presence of the Minister of Justice in the Acampamento also legitimates this space that is ours, organized by us.”, evaluates Sandro Tuxá. Tarso Genro and the president of the National Foundation of the Indian (Funai), Márcio Meira, were at the Acampamento, on May 5, to hear the demands, critiques and proposals of the indigenous peoples.

 

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CIMI RELEASES REPORT ON VIOLENCE AGAINST INDIGENOUS PEOPLES – 2008

 

The Conselho Indigenista Missionario (Cimi) released, during the 6th Acampamento Terra Livre, the report (in Portuguese) Violence against the Indigenous Peoples in Brazil – 2008, with data on the forms of violence practiced against the Indigenous peoples and on the violations of indigenous rights. As in previous years, the greatest focus of violence against the indigenous peoples is found among the Guarani Kaiowá, in Mato Grosso do Sul.

 

In 2008, the Cimi registered 60 indigenous murders in all of Brazil. In comparison with 2007, there was a reduction by 32 cases. There were recorded 42 murders among the Guarani Kaiowá; 11 fewer than in 2007. On the other hand, 34 suicides were counted; 6 more than the previous year. This means that the sum of violent deaths (76) remains elevated.

 

The Guarani Kaiowá are victims of racism, malnutrition, vehicular tramplings, lack of health assistance, slave labor among other violence. This situation is the result of omissions by the State and by actions both governmental and private in the context of incitement of dispute for the land in Mato Grosso do Sul.

 

According to analysis by anthropologist Lúcia Rangel, organizer of the report, the framework that provokes the violence against the Guarani Kaiowá remains unaltered: “In recent years, the confinement of the indigenous in excessively small parcels of land has intensified due to the advance of the large landed estate”.

 

Guajajara – exploitation of natural resources and death

In 2008, after the Guarani Kaiowá, it was the Guajajara people, in Maranhão, who faced the worst indices of violence against persons. There were registered 3 murders, 7 victims of attempted murder, 6 death threats and one beating. The aggressions were committed by non-indigenous perpetrators, who in general, live in cities neighboring the lands of the Guajajara. The crimes occur in a context of prejudice and constant threats against the indigenous people.

 

The illegal exploitation of timber within the indigenous lands also provokes violence against the Guajajara. In addition to this, the constant presence of loggers and the deforestation threaten the survival of at least 60 persons of the Awá Guajá who live without contact with the surrounding society.

 

Criminalization

The report also highlighted cases of criminalization of the indigenous peoples and their struggles. In October of 2008, for example, in the south of Bahia, the Federal Police injured more than 20 people and destroyed gardens, schools, cars and homes in an operation of search and apprehension of Cacique Rosivaldo (known as Babau), of the Tupinamba people. He faces legal charges for struggling for his traditional land.

 

In Pernambuco, nearly 40 leaders of the Xukuru people are being accused of involvement in various crimes. In a single case, 35 indigenous persons, including the cacique of the people, are defendants in a judicial process that presents various miscarriages and was questioned by various human rights groups.

 

Chaos in attention to health

In 2008, Cimi registered 68 indigenous deaths (37 being minors under 5 years of age) as a consequence of failed assistance to health. In all states, the indigenous peoples report a precarious situation in indigenous health. There are records of various defects such as: absence of doctors in the villages and in the health posts; lack of medications and transport for those who are ill, pregnant and even for the medical teams; lack of training for medical teams and for qualified personnel; lack of adequate equipment in the health care centers, in the walk-in centers and in the Indigenous Houses of Assistance to Health (CASAI).

 

Brasília, 9 May of 2009

Cimi – Conselho Indigenista Missionário