• After 14 years Indian Statute resumes legislative process in National Congress


• CNPI: special commissioner must investigate torture case in Bahia

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AFTER 14 YEARS NATIONAL CONGRESS RESUMES WORK ON INDIGENOUS STATUTE

 

Brasília, August 13 – It took over 14 years and a lot of pressure of the indigenous movement, but finally the Câmara dos Deputados (Brazilian House of Representatives) resumed the legislative process for the Statute of the Indigenous Peoples.

 

It was the approval of Recurso N^o. 182 that finally unlocked the lawmaking process again. This Recurso had been presented on December 6, 1994, after a previous Recurso had locked it – causing the Statute to disappear way down in the drawers of the parliamentarians.

 

Now the leadership of the Câmara can set the calendar for debates on what is formally know as Law Project (Projeto de Lei) 2057/91.

 

President of the Câmara, Deputy Michael Temer, announced the news during a meeting with the representatives of the National Commission of Indigenist Policy (CNPI-Comissão Nacional de Politica Indigenista).

 

Nationwide discussions

Over the last few years the CNPI has worked to create a new, modernized proposal for the Statute, involving intensive nationwide discussion among the over 220 different indigenous peoples in Brazil.

The final result was approved off by over 1000 indigenous leaders in May, 2009 and is also supported by various organisms of the federal government that take part in the CNPI.

 

Last week, august 6, the Minister of Justice, Tarso Genro and Marcio Meira, the president of the National Foundation of Indigenous Affairs (Funai- Fundação Nacional do Índio) delivered the proposal to Temer.

 

Now the Project joins the original proposals of the Indigenous Statute, as an amendment. The indigenous peoples press for analysis and approval of this and other amendments by a special commission composed of deputies that are familiar with indigenous matters.

 

Indigenous participation

“There are many proposals discussed in parliament that are bad for the indigenous. For that reason I hope that you look at this statute, because it was created by us, indigenous”, the Kaiapó leader Akyaboro stressed. The president of the Câmara noted that the parliament is a space for debates, therefore there would by divergences, but affirmed that, “this Statute will only be born if the indigenous peoples are in agreement over it.”

 

Anastácio Peralta, Guarani Kaiowá, emphasized that the Statute would serve as parameter for relations of the Federal Government, States and Municipalities with the indigenous peoples. It would eliminate the uncertainties that exist today and improve the execution of public policies. “We, the indigenous appear a lot in the negative discussion, for example about suicide, assassination of indigenous… Now we want to appear as participating in the creation of this law, showing the legislators co-operating with us.”

 

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CNPI: SPECIAL COMMISSIONER MUST INVESTIGATE TORTURE CASE IN BAHIA

 

The torture case of 5 indigenous Tupinambá people in the state of Bahia must be investigated by a commissioner of the Polícia Federal (PF) who is not part of or linked to the Federal Police in Bahia.

 

This is the recommendation of the Commissão Nacional de Políticas Indígenas formed by representatives of indigenous organizations and the federal government.

 

The CNPI discussed the report of the investigation that members of the CNPI drew up in Ilhéus, following the accusation that the five Tupinambá had been tortured by agents of Federal Police during the eviction of a Tupinambá community, June 2, 2008.

 

The group reviewed information from the PF, from the Federal Court and from the Ministério Publico Federal (MPF) in Ilhéus regarding the incident, in addition to hearing the depositions of the Tupinambá.

In closing, they recommended that the commissioner Cristiano Sampaio be substituted in the investigation of this case. The Federal Prosecutor for Citizen Rights (PFDC-MPF) also requested this substitution to the Directorate of the PF.

 

Persecution

At present, all 11 caciques of the Tupinambá people are summoned to testify at the PF in Ilhéus. “This smells strongly like persecution”, stated an indignant Luis Titia, Pataxó Hã Hã Hãe, representative of southern Bahia in the CNPI. “While this is going, on in the south of Bahia rapes of little Pataxó girls occur by influential people, indigenous people are run over with vehicles, are murdered and the police do not investigate”, he completed.

 

Increased violence

Besides the torture case, the CNPI members also discussed the general safety of the Tupinambá. The Commission of Caciques of the Tupinambá people is in Brasilia to deal with the security of the people, principally during the demarcation process of their land.

 

The tension in the region increased strongly following the publication of the land identification report on April 17 of 2009 (the first step in de demarcatory process). According to the caciques, since then, the Tupinambá have been experiencing all types of threats and aggressions from political and economic elites in southern Bahia. They fear that the violence will intensify further on in the process.

 

The leadership has demanded that the National Foundation of the Indian (Funai) provide better legal assistance for the peoples in the southern region of Bahia. In October a Federal Sectional Prosecutor will be installed in Ilhéus. With more prosecutors to wrestle with the indigenous question in the region, it is hoped that the state guarantees the adequate legal assistance.

 

The approximately 3 thousand Tupinambá of Olivença live distributed throughout the 47,376 hectares identified in the municipalities of Ilhéus, Una and Buerarema.

 

 

 

 

Brasília, 13 August,  2009

Conselho Indigenista Missionário