Newsletter 764
Contrary pressure continues, but land demarcations in Santa Catarina are not interrupted
The publication by the minister of Justice of administrative rulings declaring the bounds of the Guarani de Araça’i, Toldo Imbu, Toldo Pinhal and Xapecó indigenous lands continues to cause reactions from anti-indigenous sectors in the state of Santa Catarina. On the night of this Wednesday, May 2, mayors, alderpersons, state government representatives and settlers met at a hearing with the minister of Justice, Tarso Genro, and challenged the publication of the administrative rulings, which define the bounds of indigenous land and determine their demarcation. The hearing was also attended by members of the 6th Coordination and Review Chamber of the Federal Prosecutor’s Office (MPF), deputy federal attorneys Eugênio Aragão and Deborah Duprat, and the state attorney of Santa Catarina. At the same time, farmers who are against the demarcation of the lands blocked the SC 283 highway, preventing any traffic between the two largest cities of the state.
According to the coordinator of the 6th Chamber of the MPF, Deborah Duprat, minister Tarso Genro heard their demands but said that the administrative rulings will continue in force and that measures are already under way for demarcating the lands and removing non-indigenous occupants from them. The next step of the process will consist in placing physical landmarks in each indigenous land, a task assigned to the National Foundation for Indigenous People.
The communication advisory office of Funai also informed this was the tone of the meeting, contradicting an article published today in the Diário Catarinense newspaper, which is owned by the RBS group, according to which minister Tarso Genro said that “the effects of the administrative ruling signed on April 19 will be temporarily cancelled.”
In her intervention during the meeting, the deputy federal attorney said that the Federal Prosecutor’s Office had issued a report warning the minister that any delay to publish the administrative rulings, disregarding the deadlines set out in the respective administrative procedure, could lead to a lawsuit for administrative improbity against him. The Toldo Imbu land has been waiting for a decision of the minister of Justice to be demarcated since 2001; the Toldo Pinhal and Chapecó lands have waited since 2004 and the process for demarcating the Guarani do Aracaí land was stalled in the Ministry of Justice since 2004.
Still according to the deputy federal attorney, the non-indigenous occupants of these lands were worried that they might be forced to leave the areas in question immediately. During the meeting, however, it was explained that the farmers will only be required to leave them after all improvements in good-faith built made therein are checked and indemnified and that small farmers will be resettled elsewhere. In addition, those farmers with title deeds officially recognized by the state government will be indemnified by the state of Santa Catarina.
The state attorney of Santa Catarina who attended the meeting reported that he will file an administrative appeal requesting that the administrative rulings be suspended. However, the administrative procedure for demarcating indigenous lands includes deadlines and rules for contesting land demarcations. The pressure against a study carried out by Funai confirming the traditional occupation of the lands by indigenous people has been eliminated, since the minister of Justice did not accept the arguments of non-indigenous people and of the government of Santa Catarina against it and signed the administrative rulings anyway.
Brasília, May 3, 2007
Cimi – Indianist Missionary Council
