News-Letter Nr. 466

Pataxó Hã-Hã-Hã Reoccupy Traditional Territory Little by Little

Pataxó Hã-Hã-Hãe leaders reoccupied four additional farms that encroached upon the Caramuru-Catarina Paraguasu indigenous area in Pau Brasil, state of Bahia. The last actions took place on June 19 and 20, totaling 11 farms. It is a political victory for indigenous peoples. Funai is negotiating with the old owners of the farms how they will be indemnified. Since June 5, the Pataxó Hã-Hã-Hae have occupied 1,100 hectares peacefully, although farmers Marcos Vinícius Gaspar Guimarães (Marcão) and Miguel Arcanjo, ex-president of the Rural Union of Pau Brasil, who are well-known for their anti-indigenous posture, have been creating a climate of animosity in the region. Gunmen have been seen circulating in the city looking for members of the indigenous community.

The occupation of the land has lifted the spirits of the indigenous community. Little by little, the Pataxó Hã-Hã-Hãe are reoccupying their 54,100-hectare traditional territory. The reoccupied areas are being divided among families of the community. The Santa Teresa farm, which was occupied on June 20, for example, was given to the family of Juvenal dos Santos and Minervina de Jesus, the parents of Galdino Jesus dos Santos, who was burned alive in Brasília on 20 April 1997 when he was fighting for the demarcation of the indigenous area.

But the struggle of the Pataxó Hã-Hã-Hãe is not over yet. In spite of the reoccupation of these areas, 80% of the indigenous territory is still in the hands of farmers. The final demarcation of the land still depends on the judgment of a lawsuit to annul title deeds that was filed with the Supreme Court (STF) 19 years ago. The Pataxó Hã-Hã-Hãe believe that they will win the case and they have been collecting signatures throughout the world in support of their cause. A signed petition requesting the STF to recognize the original rights of indigenous peoples over the area will be delivered to judges of the court in August in Brasília.

Outrage Over Acquittal of Man Accused of Murdering Margarida Alves

Groups linked to social movements are protesting against the decision made by jurors in a jury trial held in the state of Paraíba on Monday, June 18, acquitting landowner José Buarque de Gusmão Neto (Zito Buarque) by five votes against two of charges of having murdered union leader Margarida Maria Alves on 12 August 1983. The only son of Margarida Alves, José Arimatéia (27), and a sister of the union leader left the courtroom crying. The decision of the jurors outraged over 3,000 people who were gathered in front of the court.

The National Conference of Bishops of Brazil (CNBB) issued a note stating that entities committed to fighting for justice, churches and people of good will "are outraged at the arbitrariness and impunity that prevailed in the decision of the jurors." The acquittal of Zito Buarque, an influential businessman in economic and political circles in the state, was celebrated as a victory against rural workers. Margarida Alves was murdered after she reported to the Ministry of Labor that the landowner adopted abusive practices in relation to workers in his mill (Tanques) and was not complying with labor laws.

The case of Margarida Alves will also be judged by the Human Rights Committee of the Organization of American States (OAS), which may condemn the Brazilian government for crimes against human rights. Prosecutor Vitor Granadeiro is considering the possibility of appealing against the sentence issued by the court in Paraíba. Although he considered the sentence unfair, the assistant of the prosecutor, lawyer Luís Eduardo Greenhalgh, highlighted that "the 'masters' of life and death in the state of Paraíba never imagined that someone could bring them to the dock in a court of law after such a long time after the crime," which he considers a victory.

Brasília, 21 June 2001
Indianist Missionary Council - Cimi

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