Newsletter 878: Court allows resumption of land identification in Mato Grosso do Sul
With a sad history of confinement in miniscule parcels of land, camped at the side of the road, indigenous peoples of Mato Grosso do Sul finally receive good news. On august 25, the Regional Federal Court ruled unanimously that the Technical Groups of the Funai resume the work to identy the indigenous lands of the Guarani Kaiowá that had been paralyzed by a court order of judge Luiz Stefanini of the Federal Appeals Court.
It was the Famasul (Federação da Agricultura e Pecuária do Estado do Mato Grosso do Sul), strongly against land identification, that had demanded the paralyzation of the works. The Funai and the Public Ministry appealed this decision.
The August 25 decision of the TRF-3 established a case of violation of due process in that neither the Federal Public Ministry or the National Foundation of Indigenous Affairs were heard prior to the decision, that resulted in the “suspension of the process of demarcation of indigenous lands” and the suspension of the constituting of Technical Groups mandated for the conducting the studies.
Strengthened
The decision by the TRF-3 is a door that has been opened, according to Anastácio Peralta, political leader of the Guarani people. “It is very important for us, because it gives new energy to our struggle. Now we need to organize and join together so that this work be effectively carried out”.
For the coordinator of the Articulaçào dos Povos Indigenas do Pantanal (Arpipan), Ramão Terena, the indigenous peoples of Mato Grosso do Sul had already been expecting this positive decision. “Once again we feel strengthened and now we no longer have to wait”. Ramão does however speak plainly about widespread disrespect of indigenous peoples in the state. “Our adversaries use the media to disrespect us. We have as an example the Guarani of the land Laranjeira Ñande Ru, who are being threatened in the small parcel of land where they survive”, he emphasized. The coordinator of Arpipan stresses that now the demarcation process must continue. “It is not possible for this work to be impeded by something else coming up”.
Hired thugs
Agonized by the situation of abandonment and camped at the side of roads, many indigenous groups run the risk of life without demarcation of their lands. This month two leaders of another Guarani Kaiowá community went to Brasilia to ask the Minister of the Supreme Court that the process regarding demarcation of their lands be judged as rapidly as possible. According to the leaders they have been experiencing threats from hired thugs of the large-scale farmers. They are living in a situation of misery, without the right to plant, fish or hunt.
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27/08/2009 –Yet another immanent eviction of the Guarani-Kaiowá people in Mato Grosso do Sul: Laranjeira Ñande Ru
“If we leave here, I do not know where we will go. We have no where else to go”, a hard truth expressed by Guarani-Kaiowá Cacique Faride of Laranjeira Ñande Ru, situated in the municipality of Rio Brilhante.
August 26 marked the end of the 90 day stay on the eviction order granted by appeals court judge Marli Ferreira, of the Tribunal Regional Federal , 3rd Region (TRF-3), São Paulo. This was to have been the period of study work for the demarcation of this remainder of ancestral Guarani forest. At the same time the studies were disallowed by a separate court action, not overturned until August 25.
Apprehension over the eviction is met with the visible aspect of Guarani traditions given expression in body painting. Non-violent by the very nature of the relationship to ancestral lands, the Guarani tensions created by constant armed surveillance by security forces contracted by the title-holders continue to be met with resilience. A small group from the community, faces painted, positions itself at the side of the road awaiting news.
Forest remainder of Tekoha
The community of Laranjeira Ñande Ru consists of 35 families, about 135 people, 60 of whom are children and adolescents, prevented from access to the 420 hectares, the edge of which they occupy.
At the entrance to the ranch, a great cable and padlock close the gate that opens the passage to the encampment, down 3.5 kilometers of road, surrounded on all sides by corn and sugar cane, as exist throughout the region. Children, many children come to meet a visiting CIMI team. In what remains of the forest on the property, the tents appear among the trees. One small stream provides water to the encampment.
Extreme confinement
The Kaiowá-Guarani indigenous community of Laranjeira Ñande Ru returned to its land of origin in 2007 and revindicated 3,666 hectares as being traditional to their ancestors. They came from the village of Panambi, which has 1,240 hectares where approximately 250 families live, in the region of Douradina, which has become more a confinement with increasing population growth.
They are not allowed to plant, which is enforced by constant armed surveillance. Funai provides basic food baskets every 15 days. This only alleviates the situation of misery, while they are surrounded areas of massive monoculture.
According to Ilda Barbosa de Almeida, two children have already died in the encampment as the medical care of the Funasa was delayed and even prevented from coming onto the property by the armed guards of the fazenda. One little boy of eight years experienced a pulmonary complication and needed to be taken to the hospital, but the armed guards did not grant permission for the car to enter. The same occurred with a 19 month old baby who had been brought to the side of the road in a state of severe dehydration. Both later died in the hospital.
There have also been three suicides and one persons was killed when run over by a car. Two of the suicides occurred when the news arrived about the granting of the reintegration of possession to the landowner. The generalized fear, constant tension and lack of prospect, worsening life conditions, lead many of them to prefer death. The indices of suicide among the Guarani are among the worst in the world.
Reversal
The Guarani Kaiowá of Lanjeira Ñande Ru continue living in the immanence of their eviction the roadside, waiting in prayer and ancient song rituals. They hope for the reversal of the eviction order as demanded by the Federal Public Ministry and the General Federal Advocacy.
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