APIB: we demand WITHDRAWAL and NOT JUST suspended the DECREE 303


APIB: we demand WITHDRAWAL and NOT JUST suspended the DECREE 303


The articulation of indigenous peoples of Brazil – APIB, note to the apprehension and uncertainty generated in the indigenous peoples and communities of the different regions of the country, comes from the public demanding the Government of President Dilma full repeal of Decree 303 of July 17, admitting only the temporary suspension of this misguided and unconstitutional legal-administrative act that restricts absurdly originating and fundamental rights of our peoples and communities.

Under pressure of the indigenous movement and its allies, the Government decided for the temporary suspension of the Ordinance, the first for two months, then for an indeterminate period, by means of Decree 415, September 17, until the Supreme Court (STF) to judge definitively the scope of conditions decided for the specific case of the Raposa Serra do Sol indigenous land (Petition 3388/RR). The indigenous movement, however, always claimed the full repeal of the measure.

The option of suspension, demonstrates the Government’s authoritarian bias, even recognizing that the Supreme Court has yet to pronounce definitively on the conditions established in article 6. of the 303 415 Ordinance shall enter into force on the day following that of publication of the judgment in motion for being delivered in Pet 3388-RR that is pending at the Supreme Court “.

For the Government seems irrelevant to the outcome of the Supreme Court judgment or claim that the Supreme Court only to corroborate his purposes. So neither considers the possibility that the constraints to be modified or removed. In this way, the Government makes it clear its option of favoring the folwark, agribusiness, anyway, economic and political forces interested in indigenous lands and its riches.

Given this situation, it is important to remember the effects of the Act in question.

The Ordinance states that the 303s indigenous lands may be occupied by units, posts and other military interventions, road, hydropower projects and knitting minerals of strategic nature, without consulting the peoples and communities; determines the revision of demarcations in progress or already marked that are not in accordance with what the SUPREME COURT decided the case of Raposa Serra do Sol indigenous land; attacking the autonomy of indigenous peoples on their territories; limits and establishes the right of indigenous peoples to the enjoyment exclusive of the existing natural resources in indigenous lands; transfers to the Chico Mendes Institute for biodiversity conservation (ICMBIO) control of Indian lands over which are superimposed and illegally improperly protected areas; and creates problems for the revision of boundaries demarcated indigenous lands that are not fully observed the indigenous law on traditional occupation.

However, government sectors has worked to convince leaders and communities to mobilise not more, once the Ordinance is suspended, as if the decision was equivalent to repeal. The Government insists on including in wanting to continue with the implementation of the regulatory process of consultation mechanisms established by the Convention 169 of the International Labour Organization (ILO), even though the inconsistency displayed in 303 Ordinance that neglects the rights of indigenous peoples guaranteed by the Convention and the Constitution.

Considering all these facts, the APIB repudiates the decision of AGU, advocating against our people, disrespecting their rights originating in and fundamental and requires the full repeal of Decree 303, so that their effects do not continue increasing the climate of tension and conflict that some indigenous lands, and the legal, social and political insecurity that deepened the suffering of our peoples and communities.

Brasília, October 2, 2012.



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