Awá petition for compliance with various of their rights

By Maíra Heinen

Nothing less than land for survival of the children, of the relatives. The demand of the indigenous peoples is always both the simplest as well as the most inconvenient to farmers, loggers and big business: land to work and live in peace with nature. Simplicity is natural for people who never had contact with the non-indigenous world, until very recently, and to the Western ways of life in relation to nature. In fact, part of the indigenous Awá people still live without voluntary contact with the Western, Brazilian society. However, they do suffer from the growing pressure of that expanding outside society.

 

In Brasilia on November 30 and December 1, the Awá people of Maranhão met with the Federal Regional Court of the 1st Region (TRF1) and the Federal Public Ministry (MPF). The reason? Asking these state organs to ensure their permanence on land that is and always has been theirs.

Dozen appeals

The group of approximately 10 indigenous Awá arrived in Brasilia on November 30, a meeting already scheduled for that afternoon with the appeals court judge of TRF1, Jirair Meguerian.

In the meeting, the importance was stressed of rapid judgment of a dozen appeals that block finalization of the demarcation process of lands of the people. There are 11 appeals in opposition to the ruling of Judge José Carlos Madeira, who determined that the Federal Union effect the demarcation in accordance with the terms of Decree No. 373/92 and the anthropological report prepared by the official anthropological expert Eliane Cantarino O’ Dwyer (UFF-Universidade Federal Fluminense). The report received federal confirmation and registration of property for the area, which is located in the municipalities of Zé Doca and São João do Caru, state of Maranhão (MA). In some of the appeals, FUNAI and the União also appealed because, at that time, they estimated the deadline for completion of the demarcation o be too short.

Murders
The judge heard testimonies from the indigenous people, from CIMI missionaries and juridical assessor who accompanied them. The reports talked of attacks by loggers, of murders of indigenous people, of deforestation and invasion by farmers. Meguerian said appropriate measures should be taken in order for the MPF to make its assessments.

"In Maranhão, we have already attempted to resolve this problem, but to no avail. So we have come to Brasilia! We are requesting the aid in order for your honor to look at our primary document! " Itaxi Awa stated in presenting the request. The statements of the indigenous people asserted the following: solutions within the state of Maranhão have already been sought, but to no avail; that they need to hunt; they need the forest to obtain honey and fruits, and that it is becoming complicated by the invasion of gunmen. The Awá were satisfied with the visit to Jirair Meguerian. One of the objectives of the trip to Brasilia was fulfilled.

Cattle raising 
The range of issues under discussion was broadened in the Awá meeting on December 1^st  in the Ministério Público Federal (MPF-office of the federal prosecutor). Regularization of lands, protection of the indigenous areas and health were the subjects of the meeting that was attended by federal prosecutors, other members of the MPF, representatives of FUNAI, the Special Secretariat of Indigenous Health (SESA), the Attorney General’s Office, the Agrarian Ombudsman, the National Institute of Colonization and Agrarian Reform (INCRA), CIMI missionaries and legal advisors, professors of linguists at the University of Brasília (UnB) and of course, with the Awá leadership commission.

Coordinated by the Federal Prosecutor in Maranhão, Alexander Soares, the meeting was an opportunity to present the indigenous demands directly to the representatives of public agencies responsible for serving them. Several indigenous representatives addressed what is happening in their territory. Providing a map of the region, they reported that there are loggers, sawmills, hunters and farmers who are preventing them from using the area for hunting. "They are already raising cattle in our area, as if we will concede to our land being taken over? We seek to have the invaders removed!".

The statements were troubling. "This [indigenous] land is going to be exhausted. Where are we going to collect the honey? Where will we raise our children? I am afraid of the loggers and we remain concerned. What are we going to do?" they posed to the agencies gathered. Many indigenous speakers reminded that the land is free and that they eat for free, and that this is not the case in the city. "It is very hard to be landless because one is then without food. In the city everything is paid for! It would appear that the farmer will not leave, because he even has a house in our area! This is why we seek help here in Brasilia, because invaders need to be removed from there for the trees to be grown again!" they reported.

Indignant
Given these reports, the chief prosecutor of the Regional 1^st  Region, Alexander Camanho, was astounded and indignant. He stressed the importance and great significance of the indigenous being there personally to give their depositions. "What I find unacceptable is doing something in the likeness of a favor. The MPF is not doing a favor for the indians. It is our obligation! The situation of the Awá is the same in various parts of the country. But Brazil has turned its back on the indigenous people and that is unacceptable!" he said. To Camanho, the role of the MPF is frequently to request that rights be respected. "The ethnic groups come to Brasilia to make requests. This is absurd! We have to exert a herculean effort in order for things to be done  properly. It is not possible for questions in this suit to stop at the MPF table, knowing that there exist public services for this," he highlighted.

Camanho also emphasized the performance of public agencies to remove the invaders of the area. "We are not delicate with those who use the land legitimately. Why should we be lenient with those who invade? Things that are essential are taken from these persons [the indigenous people]! How good that the MPF can provide protection for these indians. And how sad, because that [situation] should not exist".

Concluding his speech, the prosecutor assured that within the hour, he would be appointing an attorney to look into the case and personally assured that the federal government would withdraw from the appeal (in the process, the Union appeals the demarcation of the land by stating that the deadline was very short). He also pledged to participate in the trial of the special court and proposed that in all cases, FUNAI present the necessary documents. Camanho placed himself totally at the disposition of the indigenous people to make certain and personally committed himself to them one by one.

Good faith
In a second stage of the meeting, representatives of the agencies present to present guidance relative to the problems presented. The office of the superintendent of INCRA in Maranhão delivered a brief report, saying there were no lands in the region subject to expropriation, and there is nowhere to take the invaders of the indigenous lands.

The suggestion was that FUNAI pass the survey of non-indians already in the area to the INCRA, so they can work in conjunction, verifying the good faith properties, so that these people are removed and resettled. The prosecutor Alexandre Soares reminded of the need to provide timelines and deadlines so that measures are taken as quickly as possible. In the understanding of José Briner, FUNAI Coordinator General for land issues, there were no good faith occupations, reminding that the very judgment from Judge José Carlos Madeira demonstrated that. Even so, it was decided a commission be formed with officials of FUNAI and INCRA, for identifying the number of invaders and to thus take appropriate action in each case.

Regarding protection of the Awá territory, Alexandre Soares reminded that the area most suffers from the pressure of logging and called for permanent monitoring (with bases of protection) and a surveillance operation of an emergency nature. The FUNAI coordinator for isolated indigenous peoples, Elias Biggio, acknowledged that the work of Funai in the area has some flaws and emphasized that the situation is complex, making permanent police presence very necessary. He committed to providing local reports on the non-indigenous pressures, in addition to entering into contact with the FUNAI offices responsible for accompanying institutions (Federal Police and Ministry of Environment) in operation Arco de Fogo. He further stated that field activity in the area by FUNAI officials needed to be made viable this year.

Health

There is total neglect of indigenous health in the state of Maranhão. Faced with this situation, the MPF has proposed the establishment of a program of specific and differentiated measures for the indigenous communities. Indigenous peoples have reported the lack of sanitation, deplorable conditions of the health clinic and total neglect of differentiated treatment by FUNASA with the peoples. The CIMI team in Maranhão presented a slide with pictures that speak for yes on the scarcity in the service to Indians. The SESAI representative present at the meeting, Irânia Marques, gave a brief explanation regarding the Secretariat and about the specificity of indigenous health, she said the SESAI had assumed that commitment. As guidance on the demands of health, a December 20 meeting was scheduled to be held in São Luiz do Maranhão, with the presence of FUNAI, SESAI, CIMI, Federal University of Maranhão and the indigenous people for urgent action on health and sanitation in the Awá land that has been taken.

In returning to Maranhão, the indigenous representatives carried a little more hope in their baggage, in knowing that there are still people who can commit to the indigenous cause. Now it is a matter of redoubling the attention so that the commitments made are actually fulfilled.