Postponement of 303 Ordinance on indigenous lands does not solve the issue

Postponement of 303 Ordinance on indigenous lands does not solve the issue of demarcation, evaluates the Cimi

 
Luciano Nascimento Brasilia Brazil Agency reporter
The decision of the Attorney-General of the Union (AGU) to wait for the publication of the judgment of the Supreme Court (STF) to put into force the Decree 303, which extends to all indigenous lands of the country the 19 conditions set by the Court, did not please the social movements linked to the Indians. In the assessment of the Executive Secretary of the indigenous missionary Council (Cimi), Cléber Buzzato, AGU’s decision does not solve the problem, merely postpones a solution about the demarcation of lands. “It is a subterfuge on the part of the Government. Does not solve, but plays the problem forward, ” said Buzzato, who argues for the repeal of the Ordinance. Last Tuesday (18), the AGU issued a new decree, number 415, stipulating that the measure will only come into force after publication of the judgment on the decision to extend the constraints imposed by the Court in 2009, so that the demarcation of the Raposa Serra do Sol indigenous land were maintained in continuous land. For Buzzato, the delay is a blow on the rights of indigenous peoples. ” It would be a step backwards in history won rights by indigenous peoples in recent decades, in particular in the Constitution of 1988, both with regard to the recognition of indigenous lands by the Union, as in the usufruct of land already demarcated, ” he explained. For the Ccme and various organisations that deal with the issue, the ruling leaves no warranty of quiet enjoyment of land for Indians and facilitates the exploitation of the land. The Ordinance, in the opinion of Buzzato, would favor the great works of the federal Government, such as the Belo Monte plant in Pará, and agribusiness. ” The current Government, in our understanding, is determined to implement a development model based on access to indigenous territories and based on raw material exports and large enterprises, such as dams. In this sense, the rights of indigenous peoples to the accelerated deployment of this model, ” parried. On Wednesday (19), the National Association of Lawyers of the Union (Anauni), announced the immediate withdrawal of defending the note Ordinance. The note considers the document unconstitutional, by ” thwart the effectiveness of fundamental rights ”. According to Anauni, the Ordinance ” has just innovating legal order to restrict unduly the rights originating from the indigenous peoples to the lands they occupy, recognised by article 231 of the Constitution ”. Editing: Aécio Amado

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