Funai’s opinion is expected to reaffirm that land in the state of Espírito Santo belongs to the Tupinikim and Guarani

 

An official opinion of the National Foundation for Indigenous People (Funai) about a rebuttal filed by the Aracruz Cellulose company in connection with the demarcation of Tupinikim and Guarani lands in the state of Espírito Santo is expected to reaffirm that those lands belong to these peoples. According to Funai’s Legal Department, the opinion will be submitted to the president of the agency, Mércio Pereira Gomes, tomorrow.

 

However, Gomes is on trip to the state of Pará and will only refer the opinion to the minister of Justice early next week. The legal deadline for him to do so expired on Monday, August 21. Funai had promised to fulfill the deadline in an agreement made with indigenous leaders in July. According to that agreement, the Land Affairs Division of Funai (DAF), which is in charge of analyzing the anthropological and social aspects of the rebuttal filed by Aracruz, and its Legal Department, which checks the legal procedure, would draw up the opinion together to speed up the process.

 

According to Funai’s attorney, Luis Fernando Villares, an attempt was made to fulfill the deadline, but the size of the rebuttal (380 pages) delayed their work. In addition, the fact that Nádjia Bindá, the anthropologist in charge of the case since the beginning, was assigned to the board of directors of DAF also prevented that simultaneous analysis, as the anthropologist had to take on other duties during the period in question.

 

After receiving the opinion from Funai, the minister of Justice has 30 days to decide whether he will publish an administrative ruling declaring that the land in question is an indigenous land or will request new studies or procedures, which can delay the process. As a result, the Tupinikim and the Guarani are extremely worried, because the Brazilian Government will only make such decision during the forthcoming elections and the Aracruz company is a major funder of campaigns. In a letter, the indigenous leaders of the two peoples asked the minister to sign the administrative ruling without requesting new procedures.

 

Indigenous people are arrested in the state of Espírito Santo

 

Tupinikim and Guarani leaders will get together today to discuss what they will do in relation to the delays in the process of demarcating their land. They also have to discuss the situation of 18 Tupinikim indigenous people who were arrested on August 9, 2006.

 

They were arrested because they were removing eucalyptus from an area under litigation with the Aracruz company. However, they said that they were not in the area under litigation and that they were attracted to go there by military police officers. Some military police officers confirmed the version of the indigenous people.

 

On August 22, Funai’s attorney in Rio de Janeiro, Dr. Antonio Cavaliere Gomes, filed a request for habeas corpus with the Court of Appeals of Espírito Santo. He wants the indigenous people to be released immediately. He said that “the legal coercion they are facing should stop.” He also argued that only a federal court can judge them, since the fact involves a land dispute.

 

Brasília, August 24, 2006

Cimi – Conselho Indigenista Missionário

www.cimi.org.br