We, the undersigned, taking into consideration the publication of the Decree of restructuring of the National Foundation of Indigenous Affairs (FUNAI) occurring on 28 December of 2009, and its repercussions that motivated the occupation of the headquarters of the agency in Brasilia by various indigenous delegations, hereby publicly manifest:

 

1 – The indigenous movement and its allies always defended the necessity and importance of the restructuring of the indigenist agency, seeing to once again make its institutional structure and functional roster adequate to the demands of the indigenous peoples, especially in reference to territorial claims, assuring the demarcation of the remaining not-demarcated indigenous lands, and the monitoring of the distinct actions and policies of the government directed to the indigenous peoples, which today are dispersed in distinct ministries. In effect, ever since 2003 a restructuring of the Funai was hoped for, when the Lula Government announced the New Indigenist Policy in its Government Program. The indigenous movement and its allies, with great expectation, waited for this to become a reality.

 

2 – The indigenous movement and its allies, nevertheless, question the manner in which the proposal of restructuring was worked “intramural” within the FUNAI, repeating the tactic of the “consummate fact”, practiced by the government on other occasions. As a consequence, the indigenous peoples and organizations feel their right to prior and informed consultation, assured in Convention 169 of the International Labor Organization (ILO), which is, indeed, law in the country, was disrespected. This introduces the possibility of corporate sectors [contractors] of the agency opposed to any change that affects their personal and group interests to jointly cause tumult in the process.

 

3 – The de facto lack of a process of dialogue with the indigenous peoples and organizations in the distinct regions resulted, as events have demonstrated, in that they do not feel duly informed and consulted regarding the impacts of the restructuring and the implications and process of its implementation. The indigenous and indigenist representatives on the National Commission of Indigenist Policy (CNPI) reiterated, in the last Commission meeting held in the month of December of 2009, a few days prior to the publication of the Decree, the necessity of dialogue, in that respect.

 

4 – The mere presentation of an overview of the proposal of restructuring in the CNPI without the possibility of democratic debate, as was done with the proposals of the Statute of the Indigenous Peoples, or with the Legislative Project of the Council of Indigenist Policy, cannot be characterized as prior consultation or as a product of deliberation in this jurisdiction.

 

5 – Faced with this context, the reaction of the indigenous leaders against the publication of the Decree is understandable, necessitating, on the part of the government, a receptive posture to the critiques, adjusting the decree, in cases where there is lack of perception of the particular realities of each people or ethnic region, without necessarily disturbing the fundamental proposition of restructuring: to render FUNAI adequate to fulfillment of its institutional role in the perspective of a new indigenist policy, far from tutelary, authoritarian, dependency assistant and paternalistic.

 

It is also hoped that, in discussion of the Regimen anticipated in the Decree, the perceptions and critiques concerning the Decree be discussed with the indigenous peoples and incorporated in that legal document.

 

6 – It is necessary to be sufficiently enlightened on the content of the Decree and inclusive of how it will be effectively implemented in the distinct jurisdictions: local technical coordinations, regional coordinations and seat in Brasilia, to overcome fears related, for example, to the enfeeblement of the role of the FUNAI in the tenure regularization of the indigenous lands or over the lack of specialized staff for each area of actuation. In this sense it is necessary that, in the selection process of new service personnel, the FUNAI prioritize the specializations that reinforce its role in the tenure regularization of the Indigenous Lands (anthropologists, environmentalists, topographers, etc.).

 

7 – It is hoped that indigenous participation be assured in accompaniment of the implementation of the restructuring, after [being made] duly adequate to the real interests of the indigenous peoples and organizations.

 

8 – Given that the Government decreed this administrative act without having provided sufficient spaces of dialogue with the movement and indigenous peoples, it is incumbent on the same to respect the right of dissatisfaction and manifestation that the Federal Constitution assures to the social movements, prioritizing via dialogue and by negotiation as set forth by the new National Plan of Human Rights in similar cases.

 

9 – Finally, we exhort the Government, based on the experience generated by the Decree of the restructuring of FUNAI, to assure to the indigenous peoples the right to free, prior and informed consultation, as assured in Convention 169 of the ILO, on the distinct questions that affect them. Their being, after all, the primary stakeholders.

 

10 – To the indigenous peoples and organizations we manifest our disposition to remain vigilant in defense of their rights, taking into consideration their actual necessities and aspirations.

 

Brasilia, 19 January of 2010.

 

Associação Nacional de Ação Indigenista – ANAI

Conselho Indigenista Missionário – CIMI

Centro de Trabalho Indigenista – CTI

Instituto de Estudos Socioeconômicos – INESC

Articulação dos Povos e Organizações Indígenas do Nordeste, Minas Gerais e Espírito Santo – APOINME

Articulação dos Povos Indígenas do Pantanal e Região – ARPIPAN

Coordenação das Organizações Indígenas da Amazônia Brasileira – COIAB