– CNPI discusses government’s social agenda for indigenous peoples

– Hã-Hã-Hãe Pataxó leaders attended a hearing with justice Eros Graus from the Supreme Federal Court (STF)

 

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CNPI discuss government’s social agenda for indigenous peoples

Gathered between October 10 and 11, the Indigenous people and governmental and non-government organizations members who make up the National Commission for the Indigenous Policy (CNPI) discussed, among others issues, the federal government’s social agenda for indigenous peoples.

The agenda was launched in the city of São Gabriel da Cachoeira on September 21 by president Luis Inácio da Silva and the president of the National Foundation for Indigenous People (Funai), Márcio Meira. However, the indigenous leaders members of the CNPI complained that the agenda was launched without having been submitted to the Committee and to indigenous peoples before, as determined by Convention 169 of the International Labour Organisation (ILO), of which Brazil is a signatory.

“A social agenda should not be developed like this. It should be built with our participation, strengthening the democratic State. We want an agenda that includes Brazilian peoples from the northeast and south regions. This proposal doesn’t include these peoples,” stressed Jecinaldo Barbosa, from the Santeré Mawé people and a representative of the Amazon region. “The proposals should be submitted to CNPI first so that the agenda would take into account regional diversities,” complemented Marcos Xucuru, from the northeast region.

Several topics included in social agenda were challenged by the indigenous leaders, such as the lack of indication of indigenous territories that suffered the impacts of the PAC (growth acceleration program); a list of indigenous lands to be demarcated; criteria for determining priority actions for certain peoples to the detriment of others; clarifications on the partnerships involved in the project for documenting indigenous languages which the government intends to carry out.

During the meeting, a proposal for restructuring Funai was submitted and it was also defined that in the next meeting of the Committee – which is scheduled to be held in December – a bill aimed at creating a National Indigenous Policy Council will be submitted. If approved, it will be sent to the Civil House and then referred to the National Congress. The draft proposal will be prepared by a CNPI subcommittee that will be holding a meeting between November 23 and 24.

Indigenous people also challenged the government on the person who will be assigned to represent Brazil in a competition for a position of rapporteur for indigenous peoples at the United Nations Organization (UN). They submitted a document requesting that prior consultations should be held with indigenous peoples before the government suggest any names for this purpose.

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Hã-Hã-Hãe Pataxó leaders attended a hearing with justice Eros Graus from the Supreme Federal Court (STF)

Eros Grau, a justice of the Supreme Federal Court (STF), received Hã-Hã-Hãe Pataxó leaders who live in the south region of the state of Bahia on Monday. These leaders requested a hearing to once again request the annulment of title deeds which the government of the state of Bahia granted to invaders of indigenous territories. The indigenous people have been struggling to reoccupy their traditional lands for 25 years.

The Hã-Hã-Hãe Pataxó people have been suffering persecution, intolerance and deaths. In 1926, the then Indigenous People’s Protection Service (SPI) demarcated an area covering 300 km² for indigenous people and placed them in villages there. Since then, many conflicts with farmers took place and in 1937 the area was reduced and had its bounds confirmed. In the 1940s, the SPI began to lease indigenous lands to farmers illegally. These farmers forced some indigenous people to work for them and, in addition, killed many others. Those who survived spread out. Between 1976 and 1980, the governors of the state of Bahia Roberto Santos and Antônio Carlos Magalhães distributed title deeds to the leaseholder farmers.

Some indigenous families managed to resist and stay in their territories, such as a family led by the Samado, in a locality known as Panelão. Others who had spread out in the area began to reoccupy their lands in 1982 in an area covering about 1,000 hectares which had been invaded by the owner of the São Lucas farm. In the same period, the National Foundation for Indigenous People (Funai) initiated a lawsuit for annulling title deeds issued to the farmers. In November of the same year, this judicial proceeding began to be analyzed by the Supreme Federal Court and it has not been judged so far. Today, the indigenous community occupies only 18,000 of the 54,000 hectares they claim.

“Many or our relatives that participated in this struggle were murdered due to the land dispute. We’ve already lost over 20 leaders,” reported Ilsa Pataxó Hã-Hã-Hãe, chief of his people. “We want to live in peace. Our children have to be sure that we will go out and return home. Our people are tired. That’s why we are requesting that these title deeds be annulled, so that we live in peace in our land,” added Reginaldo Hã-Hã-Hãe Pataxó.

Justice Eros Grau heard the reports of the indigenous leaders carefully and stressed that despite the excessive burden imposed on Supreme Federal Court, he and his team will do whatever is possible to solve this issue before this year is over. “This lawsuit has been with us for 25 years and I can tell you that if it’s not the most important judicial proceeding, this is a reason to us to go back to it at least once a week,” he said.

The leaders who attended the hearing left it with high expectations that this old dispute will be settled and they will be able to return to their territories once and for all.

 

Brasília, October 11, 2007

www.cimi.org.br

Indianist Missionary Council