News-Letter Nr. 445

Indigenous Peoples Complain About The Proposed Statute Of Indigenous People

Indigenous organizations and communities continue to send suggestions for the "Proposal by Representative Luciano Pizzatto (PFL-PR) to substitute Bill n° 2.057/91" (Statute of Indigenous Peoples), presented in December last year. Despite being defined as "the consolidation of proposals" culled from seminars and meetings held in some regions of the country, the indigenous communities claim that the Representative did not really hear the communities, nor did he incorporate the proposals of the indigenous movement. "The indigenous movement in Rondônia has been following the discussions on the Statute of the Indigenous Peoples since 1992. We have taken part in dozens of meetings regarding the Amazon and Brazil. Accordingly, we hereby reaffirm our proposals that were not given consideration in this proposal by Representative Luciano Pizzatto", complains the general coordinator of the Union of Indigenous Nations and Peoples of Rondônia, Northeast Mato Grosso, and South Amazonas (Cunpir), Antenor Karitiana.

Although the text, according to Pizzatto, is subject to public discussion, the introduction to the document states that it is the fruit of "intense debate". The Representative offers no information as to the possibility of further amendments. The parliamentarian's expectation is that the matter will be voted on during the extraordinary convocation of the National Congress, scheduled for the end of the month. The government and economic groups, in particular the mining and timber companies, are also eager for this vote, since the project concerns their interests.

The dissatisfied indigenous communities continue to organize meetings and seminars in the regions to discuss and propose alterations to the document presented. The divergences begin with the use of the term "Indians" rather than "indigenous people", as suggested by the majority of indigenous communities and organizations. Other problems pointed out refer to land rights, mining, use of water resources and energy potential, natural riches, health, education, and support for productive activities. The Indians complain about the possibility of conservation units being set up in indigenous areas, as well as the violation of constitutional rights where the indigenous peoples have exclusive use of the land. Pizzatto also fails to acknowledge self-demarcation as an alternative to the omission of the federal government, and exposes the community and indigenous land to timber exploitation without establishing beforehand the limit of the area involved.

The Indians demand that the text of the Statutes stipulates that the use of water resources and energy potential be preceded by consultation with and participation of the indigenous communities, preparation of anthropological studies, evaluation of environmental impacts, and respect for sacred land and the memory of the communities. They also propose that the text should deal with creating a collegiate administrative structure in the form of Districts for indigenous school education, the structure and functioning of Indigenous Special Sanitary Districts, and that the judgement of civil and criminal questions involving Indians belong to the ambit of Federal Justice (at present only civil matters are the concern of this sphere of justice).

Mining is still the most polemical issue. In Representative Pizzatto's proposal the opening of indigenous lands to mining respects no strict criteria. Authorization is given without any "special motive," that is, in the case of there being no more ore to be explored in another area. The license is conceded by the Executive Power -which is more liable to pressure - rather than by the National Congress. Research and mining are analyzed and decided upon in a single stage, the most serious aspect being that the contract between the indigenous community and the company is signed even before the application for the mining concession and the public hearing to evaluate the report on environmental impact. For Cimi executive secretary Egon Heck, "the way that this chapter stands, the federal government proves once more that it attends to the pressures of mining companies rather than to the interests of the indigenous communities. Encouraged by the imminence of seeing their lands made available, the invaders are anticipating their action," Heck says emphatically.

Diamond Prospectors Invade Indigenous Area In Rondônia

The Roosevelt indigenous area near Cacoal, 600 kilometers from Porto Velho in the state of Rondônia, is being invaded by prospectors in search of diamond deposits. The denouncement comes from the Cinta Larga Indians and the Coordination of the Union of Indigenous Nations and Peoples of Rondônia, Northwest Mato Grosso, and South Amazonas (Cunpir). The entry of the diamond miners began about two months ago. News spread and according to Funai itself, the invasion is out of control. The miners are said to be enticing the Indians in exchange for support.

A team from Funai and the Federal Police is heading for the locale. According to information from the Estado de São Paulo newspaper, over two thousand men are camping on the sides of the BR-364 highway near Cacaol, ready for a fresh invasion. The diamond mining is performed with the help of heavy machinery.

It is feared that the existence of Federal Representative Luciano Pizzatto's proposal for a new Statutes of Indigenous Peoples, throwing indigenous lands open to mineral exploitation, is stimulating the invasion and creating an atmosphere of violence, destruction and death. For Cimi, facts such as these are the entire responsibility of the federal government, which fails to comply with the constitutional precept of protecting indigenous lands.

Roraima Indians Gather Authorities To Discuss Border Platoon

The Indigenous Council of Roraima (CIR) and the indigenous peoples of the Raposa/Serra do Sol area have decided to maintain the suspension of the building of the barracks of the 6th Special Border Platoon (PEF) of the Army in the region of Uiramutã, and scheduled a meeting with representatives of the Federal Department of Justice, Funai, the Army and federal judge Cloves Siqueira for this Friday, 26 January. The meeting, which will take place in the community itself, aims to discuss the arguments that led the Indians to ask for suspension of the work by judicial channels.

On 3 January, judge Hélder Girão of the 2nd Federal Court of Roraima approved a plea for an injunction of possessory action on behalf of the indigenous community, soliciting the suspension of the building of the 6th PEF barracks. The indigenous leaders argue that the building of the platoon barracks will upset the peace of the villages and encourage prostitution and the consumption of alcohol.

The military protested against the injunction through the General Advocate of the Union, and reacted by transporting by Army helicopter a party comprised of the president of the Court of Justice of Roraima, Elair de Morais, the president of the Legislative Assembly, Berinho Bantin, the advocate of the Union, Dalva Maria Machado, Federal Representatives Alcestes Madeira and Airton Cascavel, the Prosecutor of the Republic, Felipe de Bretanha, and the former mayor of Uiramutã, Venceslau Brás. They were flown over the region, the intention being to convince them that the platoon barracks would cause no impact on the community. The military also included in the visiting group judge Cloves Siqueira, who is substituting Hélder Girão while the latter is on holiday.

In December of last year, indigenous leaders denounced a sexual-abuse scandal involving military personnel of the 4th PEF and Yanomami women. The military men were reportedly seducing the indigenous women in exchange for food and alcohol; children have been born from these relations. CIR endorsed the denunciation expressing the concern that this can happen in other regions where the platoons are located very close to the villages. The Army reports that in addition to the 6th Platoon in Uiramutã, an area that belongs to the Macuxi Indians, another is being planned for the Erikó region, also in Yanomami territory. The funds, about R$ 8 million, are already available through the Calha Norte project.

Brasília, 25 January 2001.
Indianist Missionary Council - Cimi





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