News-Letter  Nr. 410

Government wants to amend bill on the statue of Indigenous peoples

The federal administration tried to have the bill on the Statute of Indigenous Peoples passed by the Chamber of Deputies as an urgent matter twice in April. It wanted to take advantage of the 500th anniversary of Brazil's colonization to convey the image of a government that is concerned with the indigenous issue. Its true intention, however, was to take advantage of the mobilization of indigenous peoples in Bahia to present a new bill that defeats many of the advances proposed by federal deputy Luciano Pizzato (Liberal Front Party - state of Paraná) in a previously amended text of the Statute that was passed by a Special Committee of the Chamber of Deputies six years ago. The changes proposed by the government are controversial in their concepts and in their treatment of issues such as the demarcation of indigenous areas and mining activities.

In the bill proposed by the federal administration, which is referred to as "Statute of Indigenous People and Communities," the use of the word "communities" instead of "nations" attaches a lower political status to indigenous nations and affects the rights of indigenous people as collective bodies, jeopardizing their political and legal fight for their rights. Moreover, the concept of "indigenous people and communities" is not in tune with the wording of other laws already passed by Congress - the Arouca Law (health) and the Guidelines and Framework Law (education) - and even with the official publicity of the government itself, which uses the expression "indigenous peoples."

The governmental proposal also incorporates the adversary system concept provided for in Decree 1,7775/96 (which regulates the administrative procedure to be adopted in the demarcation of indigenous areas) into the Statute, thereby increasing the power of invaders of indigenous areas to fight against their official demarcation. Also according to text proposed for the new Statute, any lawsuit can suspend demarcation procedures under way until the last appeal is judged - which can take years.

Another controversial aspect of the official amendments to the Statute is related to preliminary orders for repossession. According to Law 6,001/73 (Statute of Indigenous People), preliminary orders can only be issued after the Federal Government and Funai are heard, in addition to the Office of the Attorney General and the indigenous people concerned. The text being proposed by the government eliminates the two previous texts and favors invaders of indigenous areas, particularly in connection with conflicts taking place in regions such as Mato Grosso do Sul and the Northeast and South regions of the country.

Mining is another controversial issue. In all amendments proposed so far, the intention to facilitate the access of mining companies to indigenous areas can be clearly perceived. These amendments focus on economic considerations only. No specific provisions are suggested for protecting indigenous communities and lands. The National Congress, which has the constitutional power to grant authorizations for such access, would be much more easily relied upon for this purpose. In Cimi's opinion, new amendments must be proposed to change substantially the amendments suggested so far.

Cimi and indigenous leaders have been taking part in discussions held at the Chamber of Deputies to defend the historical and constitutional rights of indigenous peoples. On the part of the government, well-known anti-indigenous congresspersons, who do not hide their interest in facilitating the activities of mining companies and in legalizing timber exploitation in indigenous areas, have been strongly defending the amendments proposed by the government and the elimination of rights already provided for in the Brazilian Constitution. After these discussions, if the interests of the federal administration prevail, the Statute of Indigenous Peoples can be voted on at any moment.

Court condemns former governor of the state of acre to pay damages to the Ashaninka people

Former governor of Acre Orleir Cameli was sentenced to pay R$ 10 million in damages to the Ashaninka-Kampa who live by the Amônea river for material and moral damages caused by the illegal extraction of hardwood (mohagony and cedar) in their area between 1981 and 1987. The sentence, issued by the judge of the 1st Civil Court of Acre, David Wilson Abreu Pardo, was favorable to the Public Civil Action filed in 1996 by attorney general Luiz Francisco Fernandes de Souza and also condemned a company owed by Cameli's family, Marmud Cameli & Cia Ltda, and the partner of the former governor, Abraão Cƒndido da Silva. In addition to the damages caused by the depredation of a natural forest, the convicts are also responsible for spreading diseases and for sexual abuse against the indigenous people. Altogether, 2,748 m3 of timber were taken from the indigenous area.

NGOs and European members of parliament receive CIMI and indigenous leader

At the request of NGOs, members of parliament and organizations fighting for indigenous rights, Cimi's executive secretary, Egon Heck, and the chairman of the Council of Pataxó and Pataxó Hã-Hã-Hãe Chiefs, Nailton Muniz, are visiting seven European countries to provide information about the results of the Indigenous March and Conference. This trip was planned in November of last year, when a committee of indigenous leaders went to Europe to disseminate the idea of the two events.

The trip began on May 5 in Córdoba, Spain, where Egon Heck and Nailton Muniz attended the Seminar "Human Rights, the fight for the Land and Democracy in Brazil." This week they will be in Oxford and London, in England, to take part in meetings with representatives of international cooperation organizations, of the British Foreign Office and of the Brazilian embassy. In Holland, where they will stay from the 13th until the 20th of May, they will have meetings with members of parliament and with representatives of the Ministry of Foreign Affairs and NGOs. Next, they will go to Austria, Luxembourg and Germany.

In all countries they are visiting, the Cimi secretary and Nailton Pataxó Hã-Hã-Hãe are reporting the involvement of indigenous peoples and of the Brazilian society in the March and the Conference, which brought together 3,600 indigenous people. It was the largest gathering of indigenous nations in this millennium. The positive results of this meeting are so important that not even the acts of violence that took place on April 22 will affect them. Among 20 topics highlighted in the final document of the Conference, indigenous nations demand respect for their constitutional rights, the return of territories that were stolen from them, the recognition of reemerged indigenous peoples and the interruption of large projects that threaten indigenous peoples and communities. At the end of the meeting, representatives of 140 indigenous nations decided to hold a new Indigenous Conference in 2005.

Brasília, 11 May 2000.
Indianist Missionary Council - Cimi



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