Rousseff promotes the greater crusade against the indigenous rights with legal antics and administrative measures and policies
Rousseff promotes the greater crusade against the indigenous rights with legal antics and administrative measures and policies
Posted by: Admin in 10/2/2012.
News source: Apib, Cimi and Ansef
The indigenous movement, through the articulation of indigenous peoples of Brazil – APIB, after repudiating the publication, by the Attorney General of the Union (AGU) 303 Concierge, July 16, 2012, the Federal Government demanded the total withdrawal of this instrument whose purpose is to “restrict the rights of indigenous peoples are guaranteed by the Federal Constitution and by international instruments such as ILO Convention 169that is the law in the country since 2004, and the UN Declaration on the rights of indigenous peoples. “
Due to his bias clearly antiindígena, peoples and indigenous associations, social movements, organisations and personalities and inclusive Government sectors reacted repudiating the feat. In response, the Government took the decision to postpone for 60 days, until September 24, the entry into force of the Ordinance, for during this period allow the hearing of indigenous peoples on the theme “.
Delay does not suspend, let alone repeal, demonstrating the clear intention of the federal Government to once again run down the Brazilian Constitution, the more than 800 million Indians (IBGE 2010) who live in this Country, in which we consider the largest and most unfair democratic Brazil’s history offensive against the rights originating in those people.
The Gatehouse 303 is a legal-administrative instrument absolutely wrong and unconstitutional, insofar as it extends restrictions to all other tribal lands, decided by the Supreme Court (STF) in the Lawsuit against the Raposa Serra do Sol indigenous land (3,888 Petition-Roraima/STF).
It is public knowledge that the decision of the SUPREME COURT has not yet made a final decision and these conditions may undergo modifications or even be reversed in part.
The Executive Branch, by means of the AGU, irresponsibly and given the voracity of capital, business and other economic and political forces interested in indigenous lands and wealth existing in them, simply anticipated their interpretation of what the Ministers decided in 2009, trampling a decision that rests with the SUPREME COURT.
Main points of the Ordinance which bring great harm to indigenous peoples
1. Affirms that indigenous lands can be occupied by units, posts and other military interventions, road, hydropower projects and knitting minerals of strategic nature, without consulting the indigenous peoples and communities;
2. 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;
3. the autonomy of indigenous peoples on their territories. Limits and establishes the right of indigenous peoples to the exclusive use of natural resources in indigenous lands;
4. Transfers to the Chico Mendes Institute for biodiversity conservation (ICMBIO) control of indigenous lands, which were illegally and overlapping protected areas;
5. Creates problems for the indigenous land demarcated boundaries that do not fully observed the indigenous law on traditional occupation.
Why the Ordinance is unconstitutional and affront the indigenous rights?
1. the decision of the SUPREME COURT on the Petition only 3388 for indigenous land Raposa Serra do Sol in Roraima. Recently three Ministers of the Supreme Court reaffirmed this understanding;
2. This decision of the SUPREME COURT may yet change, because the indigenous communities of the Raposa Serra do Sol indigenous land are legally challenging the decision of the SUPREME COURT, by means of Embargoes of Declaration have not judged;
3. the Attorney General has no powers to make laws that affect indigenous peoples, which it is for the National Congress;
4. Puts constraints to exclusive enjoyment by indigenous peoples of the existing natural resources in their lands in the visible article 231 of the Federal Constitution;
5. infringes the right of the indigenous peoples must be consulted on government projects or measures that may affect them, such as determining the Convention 169 of the ILO.
A lot of attention! All Brazilian indigenous Lands are in serious risk!
Articles 2 and 3 of 303 Ordinance questioning the validity of everything that has been done in relation to the demarcation of indigenous lands. This means that even the already demarcated land may be reviewed and adjusted. When lifting irresponsibly uncertainties about the legality of the demarcation of indigenous lands, the federal Government, by means of the AGU, eventually create expectations to those sectors that have always lusted after these lands, thus stimulating violence on the field, it is certain the increase of third-party intrusion. The memory of the many indigenous leaders killed by the uncompromising struggle for the spoils of their land regularization was irreparably shaken and the future of new generations was seriously compromised.
Who cares the gatehouse 303!
The question that leaders and indigenous organizations and allies make is about why the AGU to publish a Ruling with implications so serious and so blatantly contrary to the interests and rights of indigenous peoples.
It is, at least, an act of the purest cynicism Ordinance 303 published terms precisely at a time when the Government invokes the indigenous people to “talk” on the promotion and protection of indigenous rights within the framework of the National Commission on Indigenous Policy (CNPI). More hypocrites are still the discussions brought forward by the inter-ministerial working group (GTI) to regulate the mechanisms for consultation and free, prior and informed consent as established by the Convention 169 of the International Labour Organization (ILO).
The publication of 303 Ordinance makes it clear that the Government in fact has no intention of establishing a democratic and transparent dialogue about the issues that really matter to the indigenous peoples and environmental issues.
With the publication of Decree 303, perpetuates itself in the 21st century the false and unjust understanding that indigenous peoples and lands inhabited by them are obstacles to the “development”, because they hamper licensing and construction of dams, roads, transmission lines, among other enterprises and prevent the exploitation of natural resources.
Within a unfair game with indigenous peoples, the Government is interested in discussing the 169 Convention, but in the dead of night I arquitetava the gatehouse 303 pushing down their throats of indigenous peoples and communities projects such as the Belo Monte hydroelectric plant, the dams on the rio Tapajós region and highways that impact indigenous lands, as well as many other ventures of the growth acceleration program (PAC).
Is symptomatic the broad support that the Ordinance 303 receives from agribusiness. According to representatives of this Government initiative, would give more certainty to the “owners” are not Indians who occupy indigenous lands, because they would no longer be required to return them to the indigenous peoples and would still have the possibility to extend their large estates on the already demarcated indigenous lands.
The Gatehouse 303 is the culmination of a string of coups against Indigenous rights
The federal Government, since the issue of the CAP, has provoked a backlash has never before lived in this Country, both in that it is the rights of indigenous peoples and traditional communities (maroon, for example), with regard to environmental legislation. This is a fact already widely denounced by indigenous Brazilian movement, organizations and social movements and indigenous authorities and environmentalists. Determined to get ahead and no matter what your neodesenvolvimentista plan, the progress and the economic growth of Brazil, the Federal Government has chosen to adopt a series of administrative and legal measures that seriously engaging the duration of originating, collectives and of indigenous peoples, with the gatehouse 303 the last blow. One of these atabalhoadas measures include:
In October 28, 2011, the Federal Government issued the Inter-Ministerial Decree number 419, which was signed by the Ministers of Justice, the environment, health and culture. This Ordinance aims to regulate the activities of the National Indian Foundation (Funai), the Palmares Cultural Foundation (FCP), Instituto do Patrimônio Histórico e Artístico Nacional (IPHAN) and the Ministry of health (MS) as regards the preparation of opinions in environmental licensing processes conducted by the Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (Ibama). The purpose of this Ordinance is to accelerate the process of licensing of PAC enterprises, thus further reducing the already reduced existing times of manifestation of these bodies as to the viability or otherwise of the implementation of projects that affect indigenous peoples, the Maroons and the environmental preservation areas. In other words, seeks to streamline and facilitate the granting of environmental licences to major economic projects, especially hydropower, mining, ports, waterways, roads and agriculture, expansion of monoculture and cattle ranching.
2. PEC 215 and other legislative initiatives
In March 21, 2012, the Committee on Constitution and Justice (CCJ) of the Chamber of Deputies approved the admissibility of the proposed amendment to the Constitution (PEC) 215/00. This SGP has the purpose of transfer to the National Congress the authority to approve the demarcation of indigenous lands, the creation of protected areas and land titling quilombolas, who is the responsibility of the Executive Branch, by means of Funai, Ibama and the FCP, respectively. The approval of the PEC threatens the already demarcated indigenous lands and prevents any possible future demarcation.
The Senate clears the PEC 038/99 which has the same purpose of PEC 215.
Recently been approved changes in the forest code by the National Congress, which will facilitate the exploitation of natural resources and trigger negative impacts to the environment and indigenous lands will certainly be affected.
In the Chamber of deputies also clears the Bill (PL) 1610/96 which deals with mineral exploration on indigenous lands. The Bill represents a total opening of Indian lands to the free use of mining companies. The original text does not provide any protection to the territory, the environment and much less to the lives of people who live in indigenous communities to be affected.
As the PEC, ordinances, decrees and the Forestry Code changes already mentioned, in the legislature are produced dozens of bills relating to indigenous rights, with the majority to reverse the rights guaranteed by the Federal Constitution.
The unmount of FUNAI
At the same time that the Executive Branch tries to legislate on indigenous rights, which is not his constitutional role, has opted to also remove completely the indigenous body, Funai. Undo the actions of the organ is part of all this evil strategy against the rights of indigenous peoples.
In 2009, once again in the dead of night and without listening to the Indians and the Decree published servers 7056/09, which literally took apart the entire administrative structure of Funai at their bases. Servers and Indians fought with all forces to reverse the ill-fated Decree, but to resist the occupation of Funai Headquarters in Brasilia for National Strength during the long period from January until mid-October 2010!
The new structure envisaged by the Decree of Funai 7056/09 until today has not been implemented effectively. Numerous reports of the Comptroller General (CGU) are proving the situation by Funai and indigenous peoples, giving account of events.
Almost three years after the publication of the Decree 7056/09 and, with Funai administrative crisis, is published in the Diário Oficial da União (DOU) on July 30, 2012 7778/12 Decree, which is intended to replace the previous one, changing the organizational structure of Funai. Indians and servers, once again, they were apart of the proposition of this Decree and the long-awaited opening of dialogue with the Funai was not implemented in the Direction once again.
If the first shift proved to be a failure, the second will surely be the ultimate disaster.
Funai disassembled, SESAI (Special Secretariat for indigenous health) inoperable, the MEC (Ministry of education) absent, it is obvious to conclude that the indigenous Brazilians are literally handed out to fend for themselves, by virtue of having submitted to loggers, miners, developmental ventures, unscrupulous politicians, etc.
The mask has fallen!
Do not give more to hide! The Decree 303, and other measures adopted by the Federal Government since the edition of PAC, they reveal the true face of Rousseff’s Government.
And now what to do?
The articulation of indigenous peoples of Brazil, the indigenous missionary Council and the National Association of the servers of the National Indian Foundation, in an unprecedented Alliance, but necessary and urgent, meant that only the European Union and the mobilization of indigenous peoples and allied groups may contain and roll back the offensive against the rights of indigenous peoples and communities.
We urge, therefore, everyone who actually have an interest in ensuring that to the Brazilian indigenous people their constitutional rights to disseminate widely the present document. Do it get to the more remote villages. Help the indigenous peoples and communities in the reading and understanding of serious moment for all that we are.
For all the reasons given above, the struggle at the present time must be focused on the definitive revocation of the Ordinance and Decree 303 419, as well as the Decree 7778/12 and in repudiation of the PEC 215.
Brasília-DF, August 7, 2012.
Articulation of the indigenous peoples of Brazil-APIB
The Indigenous Missionary Council-CIMI
National Association of the servants of the National Indian Foundation – ANSEF