Funai disputes Ordinance of AGU on indigenous lands
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Funai disputes Ordinance of AGU on indigenous lands
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Official Indian body considers that the Ordinance edited by Minister Luís Inácio Adams on Tuesday, restricts the indigenous rights, takes a decision by the SUPREME COURT that is still open and asks reformulation of standard |
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The Funai (National Indian Foundation) today issued a note that disputes and asks the reformulation of Ordinance No. 303 of General Law, published in the Official Gazette on Tuesday. The Ordinance makes rule for federal agencies the constraints included the Minister Mark of law in the decision of the SUPREME COURT (Supreme Court Fedral) on the demarcation in continuous area of it (indigenous land) Raposa-Serra do Sol (RR), in 2009. The standard prohibits the extension of TIs and puts at risk the prior consultation to people Indians about developments that affect it to waive it for deployment of works considered “strategic” by the Ministry of Defense and the National Defense Council, such as roads, dams and military units (see ISA news on the subject). “We understand that the measure restricts the recognition of the rights of indigenous peoples, especially the territorial rights enshrined by the Federal Constitution, to adopt a final decision as a parameter to the Supreme Court to standardize the operation of the units of the General Law of the Union,” says the note of Funai. Read below the full text of the note.
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| ISA, Instituto Socioambiental. http://www.socioambiental.org/nsa/detalhe?id=3624 |
Network of indigenous organizations and indigenous repudiates Ordinance of AGU
[20/07/2012 16:11]
Articulation of ten organizations, among them the ISA, considers that the Ordinance of AGU is the result of “arbitrariness and authoritarianism” and “signals evident setback in indigenous rights”
RCA (Alternative Cooperation network) released public notice of repudiation to Ordinance No. 303 of AGU (Advocacia Geral da União) on TIs (indigenous lands), published on Tuesday. The network brings together ten indigenous and indigenous organizations, among them the ISA.
The Ordinance makes rule for federal agencies the constraints included the Minister Mark of law in the decision of the SUPREME COURT (Supreme Court Fedral) on the demarcation in continuous area of it (indigenous land) Raposa-Serra do Sol (RR), in 2009.
The standard prohibits the extension of TIs and puts at risk the prior consultation to people Indians about developments that affect it to waive it in the case of works considered “strategic” by the Government (see ISA news on the subject).
The RCA’s note recalls that the application of constraints on the TI Raposa-Serra do Sol in other cases is still an open question, and mentions that the Ordinance of AGU contradicts the open discussion process by the federal Government to regulate the free prior and informed consultation, to indigenous peoples (read the full text of the note below).
The document comes to the public on the same day that a note of Funai (National Indian Foundation) contests and asks the reformulation of the Ordinance of the AGU (see note of Funai).
Note RCA’s public repudiation to 303 of AGU Concierge
Indigenous and indigenous organizations that make up the Alternative-cooperation network come to manifest your RCA public amazement, indignation and disgust with the Concierge Edition 303, drawn up by the General Law of the Union and published in the Official Gazette in July 16, 2012.
The gatehouse of the AGU intends to make rule to the organs of the Federal public administration direct and indirect interpretation about the constraints included the Minister Carlos Alberto Menezes Direito in decision of the Supreme Court on the case of the Raposa-Serra do Sol (RR), in 2009. By Ordinance, already demarcated indigenous lands may not be reviewed. Projects such as roads and construction of hydroelectric plants, as well as military units, installation can be carried out regardless of the query affected indigenous populations where such ventures are considered “strategic” by the Ministry of Defense and the National Defense Council. Indigenous lands and conservation areas overlapping should be under the administration of ICMBio, “heard” indigenous communities.
Our astonishment relates to the fact that the constraints imposed by the Minister Menezes Direito in Raposa Serra do Sol has not been defined by the Supreme Court as of general application, the absence, so far, a final decision on the matter and not having the STF if pronounced still on the requests for clarification made after the 2009 trial. Still, the AGU decides to make them fait accompli and impose their reading and interpretation of the same, in anticipation of the final decision of the Supreme Court.
Our indignation concerns the fact that the Brazilian Government initiated a process with indigenous representatives and Maroon to regulate the right to Prior, free and Informed Consultation, constant device-169 Convention ratified by Brazil and having the force of law-and the AGU tramples the process stating that certain measures will not be object of consultation of indigenous peoples directly affected, in clear disregard and drift with the current legislation.
Our repudiation concerns the arbitrariness and authoritarianism of the Ordinance, which signals an apparent setback in indigenous rights, crippling constitutional prerogatives. We consider unacceptable and scandalous that a body like the AGU seeks, through an Ordinance, restrict the indigenous rights that were enshrined in the Constitution of 1988 and set out in international instruments, of which Brazil is a signatory and pledged to respect.
The degree of evil, by its explicit legal misconceptions, by his authoritarianism, by its contrary to democratic participation and by, acintosamente, seek the restriction of constitutional rights, we call on the President of the Republic, that requires the immediate withdrawal of this Ordinance and recommend to the Attorney General of the Union that you wait for the manifestation of the Supreme Court of the country about the extent of the conditions laid downWhen the trial of the Raposa Serra do Sol.
São Paulo, July 20, 2012.
The Xingu Indigenous Association – Atix
Wyty-Catë Association of peoples and TO MA Timbira
Centro de Trabalho Indigenista-CTI
Comissão Pró-Índio do Acre – CPI-AC
Council of the Wajãpi Villages-Apina
Federation of indigenous organizations of the River Negro-Foirn
Hutukara Association Yanomami-HAY
Indigenous Training and Research Institute-Iepé
ISA – Instituto Socioambiental
Organization of Indigenous Teachers – Acre Opiac
ISA, Instituto Socioambiental.
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Reblogged this on occupysydney and commented:
The long suffering Indigenous Peoples of Brazil are having further rights abrogated as this legislation seeks to further alienate their autonomy as land hungry biofuels, GM , and Beef Farmers seek new land to plunder in their quest to feed seemingly insatiable domestic and world markets. The internationally deployed Occupy movement is ideally placed to enact a supply chain boycott against companies which source from suppliers whose produce is grown on such land.