04/09/2009

Newsletter 879 – Amnesty International campaign against eviction of Guarani community in MS

AMNESTY INTERNATIONAL LAUNCHES CAMPAIGN AGAINST DISPOSSESSION OF GUARANI FAMILIES IN MATO GROSSO DO SUL

 

The 36 Guarani Kaiowá families who live in the village Laranjeira Nhanderu, in their traditional territory, in the municipality of Rio Brilhante, Mato Grosso do Sul, could be dispossessed at any moment. By decision of the 3rd Regional Federal Tribunal (TRF3), the indigenous Guarani are to be removed from the area where they have been for nearly two years. The families have nowhere to go.

 

Today September 3, 2009, Amnesty International initiated a campaign against the dispossession.

 

On May 26 the Appeals Court Judge Marli Ferreira, suspended the order of reintegration that had already been given by the Federal Judge in Dourados and granted 90 days for the community to remain in the area. In this period, the National Foundation for Indigenous Affairs (Funai) was to have conducted the studies to identify if the area occupied is traditional Guarani territory. However, the studies were not conducted. In addition to the climate of persecution of the anthropologists of Funai that persist in the south of Mato Grosso do Sul, a provisional decision by the TRF3 suspended the studies of the Working Groups assigned for identification studies of the indigenous lands.

 

“We are going to respect the law, as we always do. We do not plant anything here, respecting the order not to plant, because the land is not demarcated. We are going to await the arrival of the Federal Police, but we have no place to go with all of the people [together]. The children and young people alone number more than 60,” explained leader Zezinho Guarani. The indigenous people have lived with basic food baskets sent by Funai and the students of the community need to travel 4km to reach the school bus that takes them to the school in Rio Brilhante. “We have hope that the law will be followed. To conduct the study and demarcate our land and we will be able to plant and have our school within the village”, states Zezinho Guarani.

 

Before being forced to the side of the road, the nearly 140 Guarani of Laranjeira Ñanderu have one last hope: the Federal Prosecutor General in São Paulo asked that the TRF3 judge the merit of the action that requests the suspension of the dispossession.

 

Local and International support

The social movements of Mato Grosso do Sul are joining, once again, a caravan of solidarity to the families of Laranjeira Ñanderu. In the international plan, Amnesty International today initiated a campaign against the dispossession of the Guarani. It calls on the citizens of Brazil and all countries to ask for the urgent demarcation of of the land Laranjeira Ñanderu and for suspension of the dispossession.

 

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APOLIMA-ARARA END OCCUPATION OF FUNAI OFFICE IN ACRE FOLLOWING AGREEMENT ON DEMARCATION

 

After 23 days of occupation, on September 3, the nearly 80 persons of the Apolima-Arara left the National Foundation for Indigenous Affairs (Funai) headquarters in Acre following an agreement with the Federal Public Ministry, the Federal Police and Funai. These organs and the cacique (chief) of the people sent a document to the Minister of Justice, Tarso Genro, requiring the immediate publication of the Portaria ofdeclaration of the land Arara do Amônia.

 

In the case that the Portaria is not published by September 8, a group of Apolima-Arara, accompanied by the Federal Prosecutor of Acre, will go to Brasilia to personally deal with the question with the Minister of Justice. In the dicument sent to Tarso Genro, the MPF-Acre reminded that in 2007 the Funai was ordered to demarcate the area, under penalty of fine for failure to comply with the judicial decision. This fine needs to begin to be imposed, if the demarcation is not concluded.

 

The opinion of Funai recommending the publication of the Declaration Decree (Portaria Declaratório) of the land Arara do Amônia is in the consultation chambers of the Ministry of Justice. According to decree 1775/98, after receiving the opinion of the Funai, the Minister of Justice has 30 days to publish the decree, to reject the opinion or request new proceedings on the process.

 

Besides demarcation of the land, the Apolima-Arara also solicit, with the occupation, the appointment of a new administrator for the local Funai, which since August has been without a Regional Administrator.

Fonte: Conselho Indigenista Missionário and Amnesty International
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