News-Letter  Nr. 419

Political Party files suit against provisional measure on genetic resources

The Brazilian Communist Party (PC do B) is filing a suit against the Provisional Measure N. 2,052, which regulates access to genetic resources. According to the Party's legal aid, articles 14 and 29 of the Measure are unconstitutional. The former violates indigenous rights and the latter clashes with article 225 of the Federal Constitution, which establishes the government as the sole body able to enforce the law. Article 14 of the Provisional Measure hands over the power of authorizing research about traditional knowledge, which constitutes a heritage of the indigenous communities, from indigenous peoples to the Federal Government. Under the argument that this knowledge is "relevant to public interests, thus represented through the competent authorities,'' the Federal Government violates article 231 of the Constitution, which grants the indigenous peoples the exclusive right of using natural resources from indigenous lands. The indigenous people run the risk of being used in experiments that will make profits for the large research companies.

Article 29 of the Provisional Measure, which states that "the power of law enforcement, i.e., the monitoring, interception, and seizure of samples of genetic assets" can be carried out by third parties with which the Government makes agreements. Article 225, paragraph 1 of the Federal Constitution endows the Government with the duty to "preserve the diversity and integrity of the Country's genetic heritage and oversee the organizations responsible for carrying out research and manipulating genetic resources."

For the Vice-President of Cimi, Saulo Feitosa, the unconstitutionalities established in Provisional Measure 2,052 demonstrate the government's willingness to legitimize bio-piracy, since it gives private companies the chance to oversee other companies and governmental institutions that are interested in gaining access to genetic resources. "An agreement such as the one reached between Bioamazônia and Novartis, for example, can be overseen by a private company interested in research profits. Other agreements may await the opportunity afforded by this law to legalize research, regardless of the returns to Brazilian society."

Guarani indigenous people take back land in Santa Catarina

This week, close to 200 members of the Guarani tribe took back part of the Araça'í indigenous land, which was stolen by the Colonizadora Sul Brasil company in the 1920s. The community is camped in 49 hectares of an area located in the municipality of Saudades, western Santa Catarina, which had been bought by Carlos Francisco Zimmer of the Colonizadora company and occupied by a timber mill. The indigenous peoples demand that a Technical Work Group be formed to study the boundaries of the indigenous land over which the Guarani indigenous people have rights.

The presence of the Guarani people in the region is proven by historical documents. The Colonizadora company and the distribution of land titles by the State government expelled the Guarani, in some cases violently. Their only choice was to move to other villages, but since they were aware of their right to the traditional territory, they decided to return. The indigenous people still hold memories of expelled family members, which spur them to hold their ground in the struggle for reoccupation. The Guarani from Araça1'í count on the solidarity and support of other Guarani and Kaingang villages from Santa Catarina and Rio Grande do Sul. Ever since 1998, the Guarani have asked for FUNAI's assistance in demarcating the land and now they say they will hold their ground on the land until the land is legalized according to their rights.

Indigenous leaders receive death threats in Bahia

Gunmen surround houses and make death threats. The Pataxó ask for protection by the community in which they have struggled over the last three months to take over the Barra do Caí indigenous land in the Cumuruxatiba, southern tip of Bahia. In a letter to the President of the Republic, the Public Ministry, the Human Rights Commission of the Bahia Legislative Assembly, and the Minorities Commission of the House of Representatives, the indigenous people denounced death threats made to the indigenous leaders José Chico Timborana and Joel Brás by gunmen linked to the farmer Vitor Dackeche, an invader of the indigenous land. The Pataxó denounced that the leaders who live close to the reoccupied land received anonymous phone calls threatening to assassinate the Timborana chiefs, Nailton Muniz, and the leader Joel Brás, a representative of the Coordination of Indigenous Peoples and Organizations from the Northeast, Minas Gerais, and Espírito Santo (Apoinme). On July 5th, a group of henchmen linked to the farmer spent all day at the Itamaraju bus station, at the spot from which the bus to Cumuruxatiba leaves, precisely where indigenous leaders were scheduled to take a bus to Cumuruxatiba. The indigenous leaders were warned of the danger and took another route. On Saturday, July 8th, Timborana's wife was approached by a man on a motorcycle who, threatening her, tried to forcibly find out where her husband was.

Ever since the reoccupation, on April 4th, the air in the region has been thick with tension. On April 17th, during the Indigenous Conference, the families who were camped at the farm to demand the creation of the Technical Work Group that would to carry out the land survey, were expelled by gunshots fired by farmer Vitor Dackeche's henchmen. The Pataxó fled in fear and some disappeared for days. The Federal Police is investigating the case, but so far has not come up with any suspects. After the violent expulsion, the indigenous people decided to camp next to the farm, which is difficult to reach and therefore facilitates violent actions without reactions.

The indigenous people demand that urgent steps and measures be taken to disarm and arrest the gunmen. "We ask to be protected by the Justice system through the Federal Police until the land surveys and demarcations are completed. This is why we ask that FUNAI speed up, as much as possible, the surveys and studies that prove the historical rights of our people over those lands," they declared.

Brasilia, 13 July 2000.
Indianist Missionary Council - Cimi



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