Heidelberg, 05 November of 2009

 

To His Excellency President of the Republic

Luiz Inácio Lula da Silva

 

Respectful greetings from FIAN International, a human rights organization, which works at the global level for the human right to adequate food, with consultative status to the United Nations (UN).

 

Since 2005 we have been following the situation of the Guarani-Kaiowá in Mato Grosso do Sul, who suffer human rights violations, primarily the human right to adequate food due to the non-compliance with legislation that refers to land questions on the part of the Brazilian State. This indigenous people has had their human rights disrespected constantly in recent years, considering the impossibility of their having access to their traditional lands, and of providing their subsistence. The absence of demarcation of the indigenous territory in disregard of established national legislation has exposed the Guarani Kaiowá to sever malnutrition and the serious conflicts with fazendereiros in the State.

 

In Paranhos, in MS, on the frontier with Paraguay, two Guarani teachers have been missing since 31 October. They were part of a group of 18 indigenous persons, from the village of Pirajuí, who had engaged the retaking of the tekohá of Ypo’i, but were violently surprised by private security forces. Only 16 of the indigenous persons returned to the village of Pirajuí, injured and hurt by rubber bullets. The teachers, Olindo and Jenival, had been taken ‘prisoner’ and remain missing. The indigenous [community], amid an anguishing situation, seek to organize actions to locate the teachers. Indigenous persons from the villages of Jaguapiré and Sassoró, in the municipality of Tacuru, are traveling to the village of Pirajuí to help in the search for the missing teachers. Equally, those of the village of Amambaí are in solidarity seeking news about the missing. Each hour that passes increases the fear that they have been murdered.

 

            The Federal Police of Naviraí were activated, are engaged in the search, already hearing residents from the region, however it is a team of only four men, making it extremely necessary to immediately send reinforcements. The area of the Fazenda São Luiz, where the indigenous Tekohá Ypo’i is located is one of those in dispute in Court in the process of demarcation on the frontier of Brazil with Paraguay. Only the anthropological studies, which are the responsibility of the FUNAI, and are totally stagnant, will be able to guarantee access to the Guarani tekohás and, in this way, advance the realization of the Human Right to Adequate Food of this people.

 

            Brazil as Partner State of the International Pact of Human Rights of the United Nations (UN) of the American Convention on Human Rights, of the Protocol of San Salvador and of Convention 169 of the ILO, assumed commitments in the scope of the international right to protect and respect the rights to land, to food, to water and especially to the life of the indigenous families. Therefore we respectfully ask that your Excellencies adopt measures that guarantee that:

 

• The Federal Police send all necessary reinforcements for investigation of the disappearances of the two Guarani teachers and of the violence against the other 16 indigenous of the village of Pirajuí. In the same way, guarantee the security of the Guarani-Kaiowás against the practices of violence in the struggle for their territory, on the part of the fazendeiros of the region. The same care and security need to be extended to the FUNAI Working Groups, which have as their objective the recognition of the indigenous lands of MS and who are suffering constant intimidation and threats from landowners and politicians of MS.

 

·         The FUNAI make, with extreme urgency, the identification and delimitation of all of the Indigenous lands of Mato Grosso do Sul as set forth in the TAC, in reference to the Administrative Proceeding MPF/RPM/DRS/MS 1.21.001000065/2007-44.

 

• The lands, after the process of identification and delimitation, be immediately homologated by the Ministry of Justice.

 

Please keep me informed as to measures that are taken.

 

Respectfully,

 

Dr. Flavio Luiz Schieck Vlaente

Secretary General

FIAN International

 

Copies to:

 

Exmo. Sr.

Tarso Fernando Herz Genro

DD. Ministro de Estado da Justiça

Esplanada dos Ministérios – Bloco T – 4º andar

70064-900 – Brasília – DF

(61) 3226-2089 / 3226-2291 / 3226-2296

(61) 3224-0954 / 3322-6817 (Fax)

Site: www.mj.gov.br

 

Presidente da FUNAI

Marcio Meira

SEPS Quadra 702/902 Projeção A, Ed. Lex 70.390-025 – Brasília/DF

Telefone: (61) 3313-3501

FAX:55-62-3313-3857

E-mail: [email protected]

MPF de Dourados

Procurador Marco Antônio

Email: mhlima@prms_mpf.gov.br