News-Letter Nr. 436

Conservation Units in Indegenous Areas Give Rise to Contraversy

The complaint lodged by indigenous peoples about the conservation units created within their territories reflects their dissatisfaction with the Environment Ministry and the anti- indigenous sentiments held by environmentalists. The Brazilian Institute for the Environment and Renewable Natural Resources (Ibama), which operates under the auspices of the Environment Ministry, recognized the existence of 28 conservation units created within indigenous lands. The actual number is greater because the Ibama only recognizes as indigenous lands those homologated by the President of the Republic. The indigenous people, however, demand the demarcation of several lands that were declared conservation units. This is happening with the N ua, in Acre; the Patax¢, in Bahia; the Xokleng, in Santa Catarina, and the Karaj  and Java‚, in Tocantins. The National Environmental Council (Conama) called an extraordinary meeting for November 14th to debate "the potential overlaps of indigenous lands and conservation units". The discussion may be quite complex since environmentalists contest the rights of indigenous people to have their lands demarcated in areas environmentalists deem fit for preservation.

Ibama employees and the participants of the 2nd Brazilian Congress on Conservation Units, held in Campo Grande, on November 5 - 8, qualified indigenous peoples as invaders of conservation units. The Congress approved the circulation of an unbelievable petition containing an extremely biased text requesting that the authorities order the "immediate withdrawal of the invaders and the restoration of judicial and democratic order". The environmentalists expressed their position against the demarcation of Monte Pascoal and the Araguaia National Park as indigenous territories, as described in the petition: "we reaffirm our position against any change in the destiny or category of the national Conservation Units that aims to meet any sort of territorial demand".

In most cases, the creation of the conservation units expelled indigenous communities and reduced their territories. The indigenous people decided to reclaim these lands as in Monte Pascoal, which has been occupied by the Patax¢ ever since last year, as well as Bananal Island, in the Araguaia National Park, in Tocantins, under the control of the Java‚ and Karaj  ever since October 22nd of this year. Last week a group of employees from the Department of Conservation Units circulated a letter on the internet. It repudiated the Java‚ and Karaj  who have been occupying the agency's Bananal Island headquarters ever since October 22nd in protest against the discriminatory treatment by the environmental agency's employees. The Java‚ informed that they were unable to set up a medical outpost close to the village since it would "damage the environment".

The absurd "Open Letter" accuses the indigenous people of jeopardizing the Araguaia National Park, where the island is located, although they always roamed these lands due to the existence of neighboring indigenous lands. The indigenous people are qualified as "predators" of the ecosystem and as invaders of their own lands. The Letter only slightly criticizes the presence of farmers and other predators of the environment, the true invaders of the Island, who the indigenous people have always fought off. The Araguaia National Park was created by decree in 1959, overlapping the indigenous area. Following the example of the Patax¢ in Monte Pascoal, the Java‚ and Karaj  peoples want the Bananal Island to be demarcated as an indigenous land. The goal of the meeting called by Conama will probably be to create workgroups which will propose the guidelines to be adopted to regulate these overlaps of indigenous lands and conservation units.

The institution of the National System of Conservation Units (SNUC) by Law num. 9.985, approved on July 18th, 2000, established that this must happen by January 14th, 2001. For Cimi, the Federal Constitution is clear. Paragraph 6 of article 231 defines as void any act aiming at taking possession of, occupying, or taking over the exploitation of natural resources from the soil, rivers, or lakes that lie within territories traditionally occupied by indigenous people. Thus, any act that stems in the restriction of indigenous peoples' constitutional right to permanent occupation and exclusive use of their lands is illegally unfounded. It is unconstitutional to regulate the overlapping of conservation units and indigenous lands (article 57 and Law 9.985). Based on this law, when indigenous peoples inhabit conservation units, their movements and activities may be controlled by the environmental agency.

The indigenous people and their supporters hold a firm stance in rightly demanding to recover the territories that were turned into conservation units. Cimi believes that there is a lack of common sense in the discussion on environmental and indigenous issues. "Many environmentalists need to get to know and respect the rights of indigenous peoples who already preserved this land when it was invaded and occupied by European colonizers. The environmental agency needs to prevent the devastation of so many lands, outside of indigenous lands, that have become factories of exploitation, in which the federal government has either been negligent or accomplice to the farmers, loggers, and mining companies," declares Roberto Liebgott, Secretary of Cimi.

Indigenous People Get Hearing on Sexual Abuse of Yanomami

The Human Rights Commission of the House of Representatives approved a public hearing aimed at investigating the accusations presented by Davi Kopenawa and Peri Xirixana Yanomami that military personnel from the 4th Special Border Platoon committed sexual abuse and rape. The hearing came in response to a request made by the indigenous commission, which delivered, this week in Brasilia, the resolutions of the Indigenous Conference in April. The Congressional Representatives and indigenous people want explanations from the Army about the sexual exploitation of indigenous people by soldiers stationed in border platoons and the spread of Sexually Transmitted Diseases (STDs) in the villages. The Human Rights Commission has requested the presence of an Army commander, General Gleuber Vieira, to provide clarification on the accusations. "These accusations must be acted upon immediately by the public agencies," stated the president of the Commission, Congressman Marcos Rolim (PT-RS). After this hearing, the Human Rights Commission may adopt other measures. The date has yet to be scheduled.

The accusations made by Peri and Davi Yanomami, which have already been sent to the Attorney General's Office, are shocking and reveal a promiscuous and biased relationship between the military personnel and the indigenous peoples. According to the indigenous people, the military personnel facilitate the entry of alcoholic beverages into the villages, allure the indigenous people and abuse them, some of whom are only 12 years old.

Brasilia 9 November 2000.
Indianist Missionary Council - Cimi



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