Brazil's Land Claims Rejected for Now
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Brazil's Indian Foundation Rejects Indigenous Land Claims
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OVERVIEW & SOURCE by EE
Rainforest Action Network continues coverage of the efforts by certain
sectors of the Brazilian government and business communities to restrict
and roll back demarcation of indigenous lands. RAN reports that the
Brazilian National Indian Foundation (FUNAI) rejected all of the 531 claims
filed under Decree 1775. They make appeals for emails to Brazilian
government officials to accept the recommendations of their Indian policy
making body.
Funai Rejects Indigenous Land Challenges
Amazon Program Update July, 1996
By Beto Borges
RAN's Amazon Program
The Brazilian National Indian Foundation (FUNAI) rejected all of the 531
claims against indigenous land rights filed under Decree 1775 by states,
counties and private parties which sought to revoke indigenous territorial
rights. Decree 1775, (See Action Alert 118) signed into law by Brazilian
President Fernando Henrique Cardoso on January 8, installed the right of
interested parties to appeal against the demarcation of indigenous areas
based on land tenure rights. FUNAI maintains that all of the claims lacked
the necessary documentation to prove that the lands in question were not
ancestral indigenous territories. Therefore, the agency's recommendation to
the Minister of Justice, Nelson Jobim, who will make the final decision on
July 9, is deny the 531 claims presented against indigenous territories.
About 250,000 indigenous people live in Brazil, representing 215 ethnic
groups and 170 different languages. They live in 526 territories
nationwide, which together comprise an area of 190 million acres - twice
the size of California. About 188 million acres of this land is inside the
Brazilian Amazon, in the states of Acre, Amapa, Amazonas, Para, Mato
Grosso, Maranhao, Rondonia, Roraima, and Tocantins. It is estimated that 50
or more indigenous groups still living in the depths of the rainforest that
have never had contact with the outside world.
Since about 65% of the Amazon Basin is in Brazil, and 188 million acres of
that land is the ancestral homeland of Brazil's indigenous peoples, it is a
crucial strategy for both rainforest preservation and human rights to make
sure this land is formally under indigenous control. However, 125 million
acres of this land still await demarcation as indigenous territory.
The political climate generated by the signing of Decree 1775 led to a wave
of conflicts on indigenous lands throughout the country. Recently, the Alto
Rio Guama indigenous reserve was invaded by land squatters, who took 70
Tembe Indians and 3 FUNAI agents hostage. Reportedly, 3,000 - 4,000
gold-miners have re-invaded the Yanomami territory. The reason for the
miners return is mostly a result of the federal government's suspension of
helicopter surveillance, known as operation jungle. But some indigenous
rights advocates believe the mining cartel have encouraged a massive
invasion, banking on the anti-indigenous rights momentum rooted by right
wing extremists.
While Minister Nelson Jobim considers his final decision on the contested
lands, the international community and indigenous rights advocates in
Brazil demand the immediate demarcation of all the 73 territories that were
not contested under Decree 1775. Now that the demarcation process is
regulated by Decree 1775 and funds are available through the World Bank's
Pilot Program for the Amazon, Brazil's government has no reason not to
conclude the demarcation process of those indigenous territories.
The Minister should follow the technical recommendation by the federal
agency, FUNAI, and turn down all contestations, once and for all. In
weighing his decision, Nelson Jobim should honor Article 231 of Brazil's
constitution, which guarantees indigenous people control of their
traditional lands, and rights to secure their cultural identity.
Please write or e-mail to their excellencies, President Fernando Henrique
Cardoso and Minister Nelson Jobim, to maintain the integral limits of the
challenged lands and to expedite the demarcation process for all indigenous
lands in Brazil.
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Exmo. Sr. Fernando Henrique Cardoso
Presidente da Republica
Palacio do Planalto, 3o andar
Brasilia DF 70150, BRASIL
Fax: (+5561) 226-7566
E-mail: pr@cr-df.rnp.br
Exmo. Sr. Nelson Jobim
Ministro da Justica,
Esplanada dos Ministerios - Bloco T
Brasilia DF 70.064-900, BRASIL
Fax: (+5561) 224-2448
E-mail: njobim@ax.apc.org
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