Brazil's Indigenous Land Contestation

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Forest Networking a Project of Ecological Enterprises 9/6/96

OVERVIEW & SOURCE by EE

The saga of Brazilian government attempts to roll back indigeneous land demarcation continues; with one challenge to the Raposa Serra do Sol indigenous area in the state of Roraima at over 1,678,000 hectares. In the "Brazilian Amazon alone the government threatens to roll back critical legal protection for 177 indigenous areas in Brazil, covering 16.5 million hectares." This Urgent Action Alert comes from the Environmental Defense Fund and the Indigenous Council of Roraima from econet's rainfor.general conference. Addresses were not included with the action alert, but are provided by Ecological Enterprises at the items end.

Glen Barry

From: Kenneth Walsh
Date: Fri, 6 Sep 1996 06:38:09 -0400
Subject: Urgent Alert: Raposa Serra do Sol Indigneous Area

Environmental Defense Fund
1875 Connecticut Avenue N.W. #1016
Washington, D.C. 20009; tel.: 202 387 3500; fax 202 234 6049;
edf@igc.apc.org

Attn: Rainforest/Indigenous Rights Activists

Two urgent alerts follow: the first is from Steve Schwartzman of EDF; the second is from Josi Adalberto, Vice-Cooridinator of the Indigenous Council of Roraima; please pass them onto appropriate staff in your organization. Ken Walsh for EDF.

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The Raposa Serra do Sol Indigenous Area and Decree 1775: the fate of 177 indigenous areas in Brazil hangs in the balance

The dispute over the 1,678,000 hectare Raposa Serra do Sol indigenous area, in Roraima state in the Brazilian Amazon threatens to roll back critical legal protection for 177 indigenous areas in Brazil, covering 16.5 million hectares. Loss of legal protection would have drastic consequences for Brazil's indigenous minority, as well as opening some of the few previously protected areas in the Amazon to predatory exploitation. The conflict may also undermine the credibility of Brazilian government claims that revision of Indian land demarcation procedures (Decree 1775) sought to make the demarcation process more efficient, not, as critics argued, to reduce the area legally recognized by the government as Indian lands.

Over the last thirty years, indigenous groups in Brazil have won legal protection for more than 900,000 square kilometers of land, almost all in the Amazon. Regional elites and logging, mining and agribusiness interests have consistently attempted to halt or impede the demarcation process, as well as invading already demarcated areas. When, last January, the government revised demarcation procedures to give states, counties and private claimants the right to contest and potentially reduce already demarcated Indian lands, the measure was widely denounced by indigenous organizations as a maneuver to trade away Indian land for Congressional support for Fernando Henrique Cardoso's stalled economic reform program. The government insisted that the measure was merely intended to protect Indian lands from legal challenge by safeguarding due process.

The demarcations of thirty-two areas were contested under Decree 1775, in over 500 claims. Brazil's National Indian Foundation (FUNAI), duly rejected all of the claims. By the law, the final decision rests with the Minister of Justice, who in July rejected all but 8 claims. Among the most contentious is Raposa Serra do Sol. Justice Minister Nelson Jobim will issue a final decision on this area by October 10th. His decision will substantially affect the future of Indian land yet to be demarc

. Raposa Serra do Sol covers 1,678,000 hectares, and is inhabited by some 12,000 Macuxi, Wapixana, Ingariko and Taurepang Indians, on Brazil's border with Guiana and Venezuela. The area includes mountain forest and tropical savannah ecosystems. Parts of the area were invaded more than 20 years ago by cattle ranchers who introduced alcohol and forced labor to the area, as well as violently repressing Indian attempts at resistance. The situation was exacerbated by invasions of gold and diamond miners particularly in the 1980s. The Indigenous Council of Roraima (CIR), founded in 1987, emerged from arduous local initiatives in the Raposa/Serra do Sol area over the last twenty years to combat alcohol abuse, resist the appropriation of traditional Indian lands, and provide services to local communities, with support from the Catholic Church. Ranchers reacted with threats, intimidation, and violence, and the area has become the scene of constant conflict. Both Military Police and private gunmen typically act at the ranchers' request. CIR now represents a majority of the villages in the area, and through CIR's work, local communities have reoccupied many areas formerly controlled by the ranchers.

It was in consequence of CIR's work that FUNAI finally in 1993 carried out the identification of the area, the first step in the official recognition process. The technical report on the area was approved by FUNAI and has been awaiting approval of the Ministry of Justice for the last three years. FUNAI rejected all of the challenges to the area as lacking technical merit. The Justice Minister surprisingly requested further information on the area, citing the existence of a county near the boundaries of Raposa Serra do Sol. Minister Jobim has stated that he will visit the area to hear the opinion of the communities before reaching a decision, but repeatedly put off the visit.

CIR and indigenous rights organizations in Brazil are gravely concerned with these developments. It is well known in the region that since the identification was carried out the state government has invested heavily in dividing the indigenous communities along religious lines, furnishing goods and services exclusively to villages with marked presence of evangelical Protestants, and threatening to cut off support in the event of the demarcation of a continuous area. Worse still is the Oct. 3 election for the creation of a county in the area. The law that created the new municipality is unconstitutional, in that indigenous lands are inalienable according to Article 231 of the Constitution of 1988. A county seat cannot legally be located on Indian land. The purpose of the election is to lend the appearance of legitimacy to a land grab. The supposed county seat is in fact a decaying relic of the gold boom.

There are thus strong indications that the Minister intends to reduce the area. To do so would be to subvert the criteria of the Decree he himself promulgated, since the technical report on which the boundaries of the area is, according to the brief of the Federal Attorney General's Office, fully in accordance with Constitutional requirements for indigenous land demarcation.

What is at stake in the Raposa Serra do Sol case is nothing less than the future of the 16.5 million hectares that await identification in Brazil. All of these areas will be open to challenge under the decree. If the Minister reduces Raposa/Serra do Sol it will be on political grounds and not according to the technical criteria of Decree 1775, and once the political interests of the privileged elite take precedence over the law, there will be no going back. This indeed appears to be what the rumored deals in the back halls of the Brazilian Congress are about: starting the process of rolling back indigenous lands in Brazil.

________________________________________________________________________

Date: 09/06/96 10:17:05 AM
From: isadf @ ax.apc.org (Nilto Tato) @ net
To: wild @ edf.org @ net
cc: amazoncoal @ igc.apc.org @ net
Subject: CIR statement

Raposa/Serra do Sol Runs Risk of Reduction

The deadline established by Decree 1775 for Justice Minister Nelson Jobim to present his decisions on the challenges to ongoing demarcations of indigenous lands, including Raposa Serra do Sol in Roraima, was last July 10. Although the decree, written by the Minister himself, stipulates that these decisions should be justified, Jobim determined that the Raposa/Serra do Sol case and those of seven other areas return to FUNAI in order that "new proceedings" be carried out without explaining the motives and obejctives of this decision. A note distributed by his staff mentioned that the town of Normandia forms an enclave between the indigenous land and the Guiana border. This indicates probable intent to review the boundaries identifed by FUNAI and sent to the Ministry of Justice more than three years ago.

The minister has stated that he intends to visit Roraima and the indigenous area before taking his decision with regard to the demarcation. But he continues to delay this visit, while the decree establishes a limit of 90 days to do the new proceedings, which falls on October 10. It is unclear whether or not the delay is related to the municipal elections to occurr on October 3.

The situation is aggravated by the fact that elections are planned to establish the administrative center of a pseudo-municipality, recently created without Constitutional basis, within the indigenous area, in a gold boom town.

Last August 30, the President of FUNAI Julio Gaiger, at a seminar in Manaus, afirmed that the anthropological report (laudo antropologico) that is the basis of the demarcation procedure, although well done, was open to question. The anthropolgical and legal documentation of the Raposa Serra do Sol demarcation case is among the best. It is a matter of consensus that this issue depends entirely on the will and political courage of the federal government.

Considering the successive delays of the Minister's decision, and the negative signals sent by the Minister of Justice and presidency of FUNAI, the Indigenous Council of Roraima (CIR) manifests its extreme concern with the risk that the Raposa Serra do Sol indigneous area be reduced by Minister Jobim, and with the concrete fact of the intensification of conflicts between Indians and invaders, since the latter are encouraged by the procrastination, vacillation, and manipulation of facts with respect to the demarcation on the part of the government. CIR will hold a demonstration on September 16 in Boa Vista, Roraima and calls on all of the allies of the indigenous peoples, within Brazil and internationallly, to reinforce their support for the demarcation of the entire Raposa/Serra do Sol Indigenous Area, and to express their support for an immediate and just decision by the Minister of Justice.

Boa Vista, September 5, 1996
Josi Adalberto Vice-Coordinator,
CIR

LETTER WRITING CONTACTS

PLEASE FAX, OR WRITE President Fernando Henrique Cardoso, with copy to Minister Jobim, calling for the demarcation of the continuous Raposa Serra do Sol area.

Exmo. Sr. Fernando Henrique Cardoso
Jobim Presidente da Republica
Palacio do Planalto
Brasilia - DF- 70150-900
Brazil
fax - 55-61-226-7566

Emxo. Sr. Nelson
Ministro da Justica
Esplanada dos Ministerios- Bl.T
Brasilia - DF - 70064-900
Brazil
fax - 55-61-224-2448

You are encouraged to utilize this information for personal campaign use; including writing letters, organizing campaigns and forwarding. All efforts are made to provide accurate, timely pieces; though ultimate responsibility for verifying all information rests with the reader. Check out our Gaia Forest Conservation Archives at URL= http://forests.org/gaia.html

Networked by:
Ecological Enterprises
Email (best way to contact)-> grbarry@students.wisc.edu

OVERVIEW & SOURCE by EE

The saga of Brazilian government attempts to roll back indigeneous land demarcation continues; with one challenge to the Raposa Serra do Sol indigenous area in the state of Roraima at over 1,678,000 hectares. In the "Brazilian Amazon alone the government threatens to roll back critical legal protection for 177 indigenous areas in Brazil, covering 16.5 million hectares." This Urgent Action Alert comes from the Environmental Defense Fund and the Indigenous Council of Roraima from econet's rainfor.general conference. Addresses were not included with the action alert, but are provided by Ecological Enterprises at the items end. Glen Barry

From: Kenneth Walsh
Date: Fri, 6 Sep 1996 06:38:09 -0400
Subject: Urgent Alert: Raposa Serra do Sol Indigneous Area

Environmental Defense Fund
1875 Connecticut Avenue N.W. #1016
Washington, D.C. 20009; tel.: 202 387 3500; fax 202 234 6049;
edf@igc.apc.org

Attn: Rainforest/Indigenous Rights Activists

Two urgent alerts follow: the first is from Steve Schwartzman of EDF; the second is from Josi Adalberto, Vice-Cooridinator of the Indigenous Council of Roraima; please pass them onto appropriate staff in your organization. Ken Walsh for EDF.

---------------------------------------------------------

The Raposa Serra do Sol Indigenous Area and Decree 1775: the fate of 177 indigenous areas in Brazil hangs in the balance

The dispute over the 1,678,000 hectare Raposa Serra do Sol indigenous area, in Roraima state in the Brazilian Amazon threatens to roll back critical legal protection for 177 indigenous areas in Brazil, covering 16.5 million hectares. Loss of legal protection would have drastic consequences for Brazil's indigenous minority, as well as opening some of the few previously protected areas in the Amazon to predatory exploitation. The conflict may also undermine the credibility of Brazilian government claims that revision of Indian land demarcation procedures (Decree 1775) sought to make the demarcation process more efficient, not, as critics argued, to reduce the area legally recognized by the government as Indian lands.

Over the last thirty years, indigenous groups in Brazil have won legal protection for more than 900,000 square kilometers of land, almost all in the Amazon. Regional elites and logging, mining and agribusiness interests have consistently attempted to halt or impede the demarcation process, as well as invading already demarcated areas. When, last January, the government revised demarcation procedures to give states, counties and private claimants the right to contest and potentially reduce already demarcated Indian lands, the measure was widely denounced by indigenous organizations as a maneuver to trade away Indian land for Congressional support for Fernando Henrique Cardoso's stalled economic reform program. The government insisted that the measure was merely intended to protect Indian lands from legal challenge by safeguarding due process.

The demarcations of thirty-two areas were contested under Decree 1775, in over 500 claims. Brazil's National Indian Foundation (FUNAI), duly rejected all of the claims. By the law, the final decision rests with the Minister of Justice, who in July rejected all but 8 claims. Among the most contentious is Raposa Serra do Sol. Justice Minister Nelson Jobim will issue a final decision on this area by October 10th. His decision will substantially affect the future of Indian land yet to be demarcated.

Raposa Serra do Sol covers 1,678,000 hectares, and is inhabited by some 12,000 Macuxi, Wapixana, Ingariko and Taurepang Indians, on Brazil's border with Guiana and Venezuela. The area includes mountain forest and tropical savannah ecosystems. Parts of the area were invaded more than 20 years ago by cattle ranchers who introduced alcohol and forced labor to the area, as well as violently repressing Indian attempts at resistance. The situation was exacerbated by invasions of gold and diamond miners particularly in the 1980s. The Indigenous Council of Roraima (CIR), founded in 1987, emerged from arduous local initiatives in the Raposa/Serra do Sol area over the last twenty years to combat alcohol abuse, resist the appropriation of traditional Indian lands, and provide services to local communities, with support from the Catholic Church. Ranchers reacted with threats, intimidation, and violence, and the area has become the scene of constant conflict. Both Military Police and private gunmen typically act at the ranchers' request. CIR now represents a majority of the villages in the area, and through CIR's work, local communities have reoccupied many areas formerly controlled by the ranchers.

It was in consequence of CIR's work that FUNAI finally in 1993 carried out the identification of the area, the first step in the official recognition process. The technical report on the area was approved by FUNAI and has been awaiting approval of the Ministry of Justice for the last three years. FUNAI rejected all of the challenges to the area as lacking technical merit. The Justice Minister surprisingly requested further information on the area, citing the existence of a county near the boundaries of Raposa Serra do Sol. Minister Jobim has stated that he will visit the area to hear the opinion of the communities before reaching a decision, but repeatedly put off the visit.

CIR and indigenous rights organizations in Brazil are gravely concerned with these developments. It is well known in the region that since the identification was carried out the state government has invested heavily in dividing the indigenous communities along religious lines, furnishing goods and services exclusively to villages with marked presence of evangelical Protestants, and threatening to cut off support in the event of the demarcation of a continuous area. Worse still is the Oct. 3 election for the creation of a county in the area. The law that created the new municipality is unconstitutional, in that indigenous lands are inalienable according to Article 231 of the Constitution of 1988. A county seat cannot legally be located on Indian land. The purpose of the election is to lend the appearance of legitimacy to a land grab. The supposed county seat is in fact a decaying relic of the gold boom.

There are thus strong indications that the Minister intends to reduce the area. To do so would be to subvert the criteria of the Decree he himself promulgated, since the technical report on which the boundaries of the area is, according to the brief of the Federal Attorney General's Office, fully in accordance with Constitutional requirements for indigenous land demarcation.

What is at stake in the Raposa Serra do Sol case is nothing less than the future of the 16.5 million hectares that await identification in Brazil. All of these areas will be open to challenge under the decree. If the Minister reduces Raposa/Serra do Sol it will be on political grounds and not according to the technical criteria of Decree 1775, and once the political interests of the privileged elite take precedence over the law, there will be no going back. This indeed appears to be what the rumored deals in the back halls of the Brazilian Congress are about: starting the process of rolling back indigenous lands in Brazil.

___________________________________________________________________

Date: 09/06/96 10:17:05 AM
From: isadf @ ax.apc.org (Nilto Tato) @ net
To: wild @ edf.org @ net
cc: amazoncoal @ igc.apc.org @ net
Subject: CIR statement

Raposa/Serra do Sol Runs Risk of Reduction

The deadline established by Decree 1775 for Justice Minister Nelson Jobim to present his decisions on the challenges to ongoing demarcations of indigenous lands, including Raposa Serra do Sol in Roraima, was last July 10. Although the decree, written by the Minister himself, stipulates that these decisions should be justified, Jobim determined that the Raposa/Serra do Sol case and those of seven other areas return to FUNAI in order that "new proceedings" be carried out without explaining the motives and obejctives of this decision. A note distributed by his staff mentioned that the town of Normandia forms an enclave between the indigenous land and the Guiana border. This indicates probable intent to review the boundaries identifed by FUNAI and sent to the Ministry of Justice more than three years ago.

The minister has stated that he intends to visit Roraima and the indigenous area before taking his decision with regard to the demarcation. But he continues to delay this visit, while the decree establishes a limit of 90 days to do the new proceedings, which falls on October 10. It is unclear whether or not the delay is related to the municipal elections to occurr on October 3.

The situation is aggravated by the fact that elections are planned to establish the administrative center of a pseudo-municipality, recently created without Constitutional basis, within the indigenous area, in a gold boom town.

Last August 30, the President of FUNAI Julio Gaiger, at a seminar in Manaus, afirmed that the anthropological report (laudo antropologico) that is the basis of the demarcation procedure, although well done, was open to question. The anthropolgical and legal documentation of the Raposa Serra do Sol demarcation case is among the best. It is a matter of consensus that this issue depends entirely on the will and political courage of the federal government.

Considering the successive delays of the Minister's decision, and the negative signals sent by the Minister of Justice and presidency of FUNAI, the Indigenous Council of Roraima (CIR) manifests its extreme concern with the risk that the Raposa Serra do Sol indigneous area be reduced by Minister Jobim, and with the concrete fact of the intensification of conflicts between Indians and invaders, since the latter are encouraged by the procrastination, vacillation, and manipulation of facts with respect to the demarcation on the part of the government. CIR will hold a demonstration on September 16 in Boa Vista, Roraima and calls on all of the allies of the indigenous peoples, within Brazil and internationallly, to reinforce their support for the demarcation of the entire Raposa/Serra do Sol Indigenous Area, and to express their support for an immediate and just decision by the Minister of Justice.

Boa Vista, September 5, 1996
Josi Adalberto Vice-Coordinator,
CIR

LETTER WRITING CONTACTS

PLEASE FAX, OR WRITE President Fernando Henrique Cardoso, with copy to Minister Jobim, calling for the demarcation of the continuous Raposa Serra do Sol area.

Exmo. Sr. Fernando Henrique Cardoso
Jobim Presidente da Republica
Palacio do Planalto
Brasilia - DF- 70150-900
Brazil
fax - 55-61-226-7566
Emxo. Sr. Nelson
Ministro da Justica
Esplanada dos Ministerios- Bl.T
Brasilia - DF - 70064-900
Brazil
fax - 55-61-224-2448

You are encouraged to utilize this information for personal campaign use; including writing letters, organizing campaigns and forwarding. All efforts are made to provide accurate, timely pieces; though ultimate responsibility for verifying all information rests with the reader. Check out our Gaia Forest Conservation Archives at URL= http://forests.org/gaia.html

Networked by:
Ecological Enterprises
Email (best way to contact)-> grbarry@students.wisc.edu

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