Report No. 1027: Indians require repeal of Decree 303 to the Ministers of Justice and AGU

Report No. 1027: Indians require repeal of Decree 303 to the Ministers of Justice and AGU

Uploaded by: Administrator on 8/16/2012. News source: Media Advisory-Apib

Hard-hitting speeches against the predatory greed and agribusiness anti-Indian stance adopted by the Government were the speeches of Dilma Rousseff leaders during a meeting with the Minister of Justice, José Eduardo Cardozo, and the Union’s General Counsel, Luís Inácio Adams, on the morning of Tuesday, 14 in the Auditorium of the Ministry of justice.

The indigenous movement, allied to the indigenous missionary Council (CIMI) and the National Association of employees of FUNAI (ANSEF), demanded the immediate repeal of Decree 303/2012, published by the Attorney General of the Union (AGU) on 16 July. The measure, without proper consultation with the indigenous peoples, regulates the legal body of the Executive power and extend to all indigenous lands the constraints defined by the Supreme Court in the lawsuit against Raposa Serra do Sol. However, arms embargoes were presented in relation to these conditions statement, legal instruments that enable the revision of a judgment when it is checked for omission, contradiction or dark in a process. This means that the decision of the SUPREME COURT can still be cancelled or modified.

Decree 303 of AGU allows you to ban new demarcations and review those that do not suit the constraints of the STF. Also authorizes the deployment in indigenous territories, posts and other military interventions, road, hydroelectric developments and meshes minerals of strategic nature, without consulting the peoples and communities. Affects the autonomy in relation to the enjoyment of the land.

The Minister José Eduardo Cardozo began the meeting by explaining that the understanding of the AGU Declaration embargoes will not be accepted and the decision of the SUPREME COURT regarding the Raposa Serra do Sol should not be modified. As AGU ensures that there are previous court decisions that allow you to extend the conditions at other indigenous lands, Cardozo said that the publication of the gatehouse was a technical decision that aims to prevent legal loopholes allow the demarcations are questioned in justice and remain for years. “For us it is already making the demarcations to avoid nullity in the future. There is a commitment of the Government to comply with the Constitution, but we need to do this in the best possible way, “he said. He said that the Decree was temporarily suspended for the FUNAI see communities, admitting that once again the Government disregarded the ILO Convention 169, which foresees the consultation and informed on issues that directly affect the way of life of the population.

The Union’s General Counsel, Luís Inácio Adams, defended all legal aspects of the Ordinance to the technical character of its decision. It is essential to the definition of these parameters of a legal and regulatory adjustment in respect of the economic exploitation of the natural resources of the indigenous lands.

The initial explanations not convinced the present, that in all the submissions questioned the legality of the Ordinance and the interests behind the initiative of AGU. She meets the main demands of interested in the exploitation of natural resources protected by indigenous territories, which has used the economic power to push the Government on the National Congress by the relaxation of the rights of Indians, guaranteed since the Constitution of 1988.

Repudiation to 303 Concierge

The first to speak was the Chief Raoni, the Kayapo People, traditional leadership of great respect among all peoples, which made an appeal for the Government to cut through the gatehouse. Raoni said that all Nations were saddened by this decision and stated that we need to listen more to Funai and the Indians

Lísio Lili, leadership of the Terena People in Mato Grosso do Sul, said that the Indians have always been open to dialogue and willing to believe in the words of the authorities, but that the recent Government actions contradict this and represent a declaration of war on the indigenous peoples from all over the country. He witnessed the efforts of landowners sul-matogrossenses in favor of the Ordinance. Since the end of last year moving materials in the State press about meetings with the Minister of Justice Famasul, an Association maintained by the farmers, where they had been discussing a way to prevent the advancement of the demarcations. “If this Ordinance is not repealed, the Brazilian State is declaring war on the indigenous peoples”, he concluded.

Sonia Bone Gujajara, Indigenous People  that integrates the national direction of the articulation of indigenous peoples of Brazil (APIB) and the coordination of indigenous organizations of the Brazilian Amazon (COIAB), also made a strong speech against the measure. She began her speech noting that since the first constitutions and even military governments, the Indians managed to move forward in the struggle for their rights and that precisely in a Government that says “left and popular”, we see dictatorial attitudes and a clear disrespect to Magna Carta. “The Decree 303 has caused insecurity and instability in our lands. All indigenous peoples of the country are dissatisfied. ” Crystel pointed out that the Ordinance represents an evil not just for the Indians but for the country, because the environmental protection matters at all. At the end, in an act that said represent all indignation and outrage of the indigenous Brazilians, she ripped a copy of the Decree 303.

Marcos Tupã, Southeast region, reinforced the speech by the repeal and said that while this does not occur, the leaders will no longer participate in the next meeting of the National Commission of Indigenous Policy (CNPI) or any other space of dialogue with the Government.

Chri Pitaguary, leadership representing the northeast (APOINME) in national direction, spoke shortly after APIB and gave a concrete example of the damage already caused in your region. “Some farmers who were in indigenous lands are boasting that the decision of the AGU gives the right to occupy our territory”. Ferdinard reported that in the South of Bahia landowners are terrorizing villages and saying that will be able to return without consulting anyone, nor the Funai. “We are no longer sleeping concerned with the lives of our children that will stay in those lands. We will pass, but they will remain. And there will be Earth? Will not. And they will be increasingly cornered and forced to leave their homes, while farmers turn to destroy everything. We do not want to tweak, don’t want to adjust. We want the abrogation. ”

Edson Bakairi, Mato Grosso, closed the speeches of the indigenous “If Funai knew of the Ordinance and not warned us also betrayed the indigenous movement. And if the Government does not listen to the leaders, we go to war and die for our rights. Mato Grosso has 32 people and we’re here to say that the wild capitalism cannot destroy us. We support the repeal of the Ordinance! ”

The Congressman Father Ton (PT) spoke on behalf of the parliamentary front for the defence of indigenous peoples and the Human Rights Commission of the Chamber of Deputies. Together with the Executive Secretary of the Ccme, Cleber, Buzzato and representatives of ANSEF, he reinforced the revocation request by the full and final order of AGU.

After all the exhibitions, Luís Inácio Adams returned to say that its decision was not political and exempted the Ministry of Justice and other government sectors of any responsibility for the publication of Decree 303. He said that none of them knew beforehand. And if driving the claimed to have been touched by the words of the cacique Raoni and that would reflect about all the considerations presented. It did not, however, no clue what that acataria requests. He said only that it will take a decision on the matter in the coming weeks.

The last to speak was the President of FUNAI, Marta Maria of Amaral Azevedo, which reaffirmed the contents of note published by the organ, in which said surprise with the action of AGU. He also talked about the institution sought the temporary suspension of the Ordinance to be able to listen to the communities.

Photo: Renato Santana/Cimi


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