News-Letter Nr. 463

Federal Administraton Manuevers Against Demarcation of La Klãnõ Indigenous Area

For the second time, the ministry of Justice sent to Funai all the official documents required for the demarcation of the La Klãnõ indigenous area to continue. Since last year, the Xokleng have been waiting for the ministry to issue a final decision in relation to arguments presented by the Terra Nova Brasil Ltda. corporation, the state of Santa Catarina, and the State Foundation for the Environment (FATMA) for the purpose of reducing the size of the area in question. This measure of the federal administration is a political maneuver intended to delay the completion of the demarcation work, and this delay can create tension in the region and cause conflicts between indigenous communities and squatters.

The arguments presented by the legal advisory department of the ministry of Justice are of a "legal nature," although they lack consistent legal grounds. This department requested the conclusion of the survey of the land, the act through which the technical group in charge of the demarcation gets all the relevant information about assets belonging to non-indigenous people found within the bounds of the indigenous area. It's just an administrative measure mainly intended to identify improvements made in good faith in the area that the federal administration must pay compensation for and to define whether it will be necessary to settle previous occupants elsewhere. This survey is usually carried out after an administrative ruling determining the demarcation of the land is issued.

Another argument that is hindering the conclusion of the demarcation process is the existence of the Sassafrás Biological Reservation inside the indigenous area, which prevents the Xokleng from exercising their right to full possession and usufruct of the natural riches found in their land. This irregularity jeopardizes the productive activities of the indigenous communities and denies the constitutional right of indigenous peoples to exclusive usufruct of the land. The encroachment of the conservation unit upon the La Klãnõ indigenous area is a null administrative measure with no practical legal effect.

The federal administration is faced with a crucial decision: it either complies with the Constitution and demarcates the La Klãnõ indigenous area or it will stimulate conflicts and violence in the region.

Drunk Driver Causes Accident and Kills Members of the Guajajara Community

Fifteen members of the Guajajara indigenous community who were taken to a hospital in Imperatriz, state of Maranhão, because of injuries caused by a truck that capsized are being discharged little by little. The accident took place Monday, the 28th, in the afternoon in the city of Senador La Roque. It killed six children with ages ranging from four months to seven years and two adults who were in the truck, which was being driven by a Funai staff member called Manoel Souza da Cruz, also known as "Crazy Manoel." The driver fled from the accident site.

The truck was loaded with food products and was also being used to transport indigenous people without any security, which is considered an extremely serious infraction in the Brazilian Highway Code. In Senador La Roque, the truck failed to climb a steep slope and descended it in reverse gear, capsizing several times. The indigenous people were thrown to the ground and eight of them died as a result of cranial trauma. Itamar Guajajara, who was in the truck when the accident happened, said that Crazy Manoel, the driver, was drunk. The fatal victims of the accident were buried in a climate of great commotion and sadness in the Canudal village, in the Araribóia indigenous area, located between the municipalities of Amarante and Bom Jesus das Selvas. The Civil Police began an investigation to identify who was responsible for the accident. Although it does not sympathize with indigenous people, the population of neighboring cities was angry and shocked with the imprudence of the driver and the violence of the accident.

Brasília, 31 May 2001
Indianist Missionary Council - Cimi




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