Political situation in Brazil: indigenous coping or reverse?
Friday, April 5, 2013
Political situation in Brazil: indigenous coping or reverse?
“It is very clear that the political and economic sectors, it largely undemocratic, and representatives of agribusiness, mining companies, large contractors and the Brazilian Government itself are articulate and committed to expand access, control and exploitation of indigenous territories, quilombolas, fishermen, farmers, environmental preservation, among others”. The statement is of the indigenous missionary Council – Ccme on the political situation in indigenous Brazil published in its website, 4/4/2013.
The Brazilian Government has opted for an economic model that has been called exported agroextractive developmental-some analysts call the theoretical neodesenvolvimentista. This development model is highly dependent on the exploitation and export of raw materials; in particular agricultural and mineral commodities, including soybeans, corn, meat, timber, agro-fuels and ores. To make the exploitation and export of these raw materials, the Government seeks to implement, at any cost, the infrastructure works in the area of transport and power generation, such as highways, railways, waterways, ports, power plants, transmission lines, among others. The dependency on an always greater exploration and production of mineral and agricultural commodities and infrastructure conditions for the production enhances the dispute for control of territory in the country. It is very clear that the political and economic sectors, it largely undemocratic, and representatives of agribusiness, mining companies, large contractors and the Brazilian Government itself are articulate and committed to expand access, control and exploitation of indigenous territories, quilombolas, fishermen, farmers, environmental preservation, among others. For both adopted a strategy that has three central objectives: -The first is to derail and prevent recognition and demarcation of indigenous lands that are still hijacked, held by non-Indians. This objective also applies in the case of the quilombo lands, titration in the expropriation of land for land reform, in the creation of new environmental protection units and the recognition of the right of land other traditional peoples of Brazil; -The second major objective is to reopen and review procedures for the demarcation of indigenous lands has already finalized; -The third goal is to invade, explore and commercialize the demarcated lands, which are in the possession and being preserved by indigenous peoples, by quilombolas, by other traditional groups, by the peasants. To achieve these goals, declared war and seek to deconstruct the rights historically gained by the people. In particular, with regard to the rights of indigenous peoples, come, it largely making use of different instruments-political, judicial and administrative legislation for each of the objectives mentioned above. As a result, we highlight those which we regard as the main instruments of attack according to their purpose of ongoing anti-Indian strategy. Instruments to derail and prevent recognition and demarcation of indigenous lands that are still hijacked, held by non-Indians.
1) Proposal of constitutional amendment 215/00: authored by Congressman Craig Samuel (PPB/RR), the legislative proposal was adopted by the Committee of Admissibility Constitution, justice and citizenship (CCJC) of the Chamber of deputies in March 2012. In the report submitted and approved in CCJC, the federal deputy Osmar Serraglio (PMDB-PR), then Deputy leader of the Government in the House, attached other 11 PECs that dealt with in the Committee. the PEC 215/00, being adopted, amend articles 49, 225 and 231 of the CF downloading the competence of the demarcations of the National Legislative and Executive, ultimately, determine: a) that any indigenous land demarcation has not yet completed should be subject to the approval of the National Congress; b) that areas predominantly occupied by small farms that are operated under the family economy will not be marked as lands traditionally occupied by indigenous people; (c)) that the legislative assemblies are to be consulted in cases of demarcation of indigenous lands in their respective States; (d)) that the demarcation of indigenous lands, expedition of land titles quilombolas and definition of territorial spaces especially protected by the Government are regulated by a law and no longer by a decree as currently occurs; and) that will be allowed to exchange of indigenous lands in the process of demarcation dispute, ad referendum of the National Congress. The PEC 215/00 awaits the creation of Special Temporary Commission on the Board of Directors of the Chamber of Deputies. The proposition was a central theme in the negotiation process for the election of the new President of the Chamber, Mr Henrique Alves (PMDB/RN). To receive the votes of the Rural Caucus, Adams would have assumed the commitment to creating the Special Committee in the course of its mandate.
2) Proposal of constitutional amendment (PEC) 038/99: authored by Senator Mozarildo Cavalcanti (PMDB/RR), the legislative proposal is waiting for inclusion on the agenda to be voted by the Senate floor. If approved, such as the separate vote of Senator Romero Jucá (PMDB/RR), amend the articles 52, 225 and 231 of the Federal Constitution (CF) establishing exclusive authority of the Senate to approve the process of demarcation of indigenous lands.
3) 2498/Ordinance 11: written by the Executive Power, was published in October 31, 2011 day, by the Ministry of Justice, and determines the subpoena of federated entities to participate in the procedures for identification and demarcation of indigenous lands. This Ordinance has as a backdrop a misunderstanding on the part of the Executive, of Condition established by the Supreme Court in the trial of the petition 3388, solely and exclusively on the case Raposa Serra do Sol, whose trial has not.
4) Ineptitude in boundaries: deliberate politically by the Executive power, the failure on the demarcations of Indian lands is virtually absolute. The National Indian Foundation (Funai) “are not authorized”, i.e. are banned by the Presidency of the Republic, to create new working groups for identification and demarcation of land. This is, without a doubt, more an act of subservience of Brazilian agribusiness demands Government in our country, which has been asking, in hearings with Ministers of State, a moratorium on the demarcations on the pretext of awaiting the Supreme Court’s decision on the petition 3388.
5) Judicialization of demarcations: hinged initiative by the National Agriculture Confederation (CNA) and by trade unions affiliated to it, encourages non-indigenous invasion of indigenous lands to question in court any administrative procedure aimed at recognition and demarcation of indigenous lands. The trial of these processes on the part of the judiciary is extremely time consuming, which, at least, is resulting in even greater delays in demarcations of Indian lands. Instrument to reopen and review procedures for the demarcation of indigenous lands has already finalized.
6) Decree 303/12: initiative of the Executive Branch, through the Attorney General of the Union (AGU), published in July 17, 2012 day, the Concierge 303/12 is an extremely comprehensive interpretation, temporal and geographical conditions as laid down by the Supreme Court (STF) at the trial of the case Raposa Serra do Sol (Petition 3388), extending the application of them to all indigenous lands of the country and ad eternun backdating their applicability. The Ordinance stipulates that the procedures already “finalized” are “appropriate” and to its revised terms.
In addition, determines that they are “reviewed” the ongoing demarcation procedures and imposes severe limits to exclusive use rights of people over their land, provided for in the Federal Constitution, and free, prior and informed consent, as provided for in Convention 169 of the International Labour Organisation (ILO). The application of Decree 303/12 is suspended, but planned to enter into force on the day following the publication of the judgment of the trial of the claim Petition 3388 Embargoes by STF. Because of this, a possible SUPREME COURT decision that corroborate the terms established by Ordinance, would expand the legal and political instability experienced by indigenous peoples and, in practice, would mean the conflagration of land even more serious conflicts involving the ownership of indigenous lands, including the reopening of resolved conflicts with the demarcatório Act. We consider all this serious, once of 1046 indigenous lands, 363 are smoothed; 335 lands are in some phase of the demarcation procedure and 348 are claimed by indigenous peoples in Brazil, but so far has not taken action Funai in order to initiate the procedures for demarcation. Instruments to invade, explore and commercialize the demarcated lands, which are in the possession and being preserved by indigenous peoples.
7 – Decree No. 7,957/13: written by the Executive Branch, published on March 13, 2013, creates the Permanent Office of Integrated Management for the protection of the environment, regulating the activities of Armed Forces in environmental protection and amending Decree No. 5,289, November 29, 2004. With this Decree, “preventive or repressive character”, was created the Environmental Operations company of the National Public Security Force, having as one of its tasks “assistance to carry out surveys and technical reports on negative environmental impacts”. In practice this means the creation of State repression militarized instrument of any action of traditional communities, indigenous peoples and other population segments which to position themselves against developments that impact their territories.
8- The Interministerial Ordinance 419/11: written by the Executive power, the Ordinance, published in October 28, 2011, regulating the activities of agencies and entities of the public administration in order to streamline the environmental licensing infrastructure projects that affect indigenous lands. In this sense: the term of whimsy) grants 15 days for Funai to manifest in relation to a particular work that reaches indigenous land in the country; (b)) provides that the Government will only consider how indigenous land hit by a particular infrastructure work that has its limits by Funai, that is, whose identification and detailed report has been published in the Official Daily of the Union and the Federal State. This last point is especially harmful to indigenous peoples-recognized as unconstitutional, since it disregards the fact that the administrative procedure of demarcation of indigenous land is only declaratory Act of indigenous rights over their traditional lands. With the Ordinance for the purposes of 419 study of impacts caused by the ventures, the Government disregards the existence of approximately 370 Indian lands not yet identified and delimited in Brazil.
9- Bill (PL) 1610/96: authored by Senator Romero Jucá (PMDB/RR), the project provides for the exploration and exploitation of mineral resources in indigenous lands, dealing with the arts. 176 and 231 of the Federal Constitution. In the final stage of processing, the opinion of the Special Committee. Preliminary report released in the second half of 2012 by Congressman Vincent Lee (PMDB/RR), it is extremely harmful to the interests of indigenous peoples. If the law is adopted in the form of the report in question, among many other problematic aspects, we highlight: the) will not be admitted to the right of veto. With this, the right to free, prior and informed consultation will be transformed into mere formal act, called “public consultation”. The will of the people will not have any influence on the continuation of the process of mineral exploration on own land. In this case, including, retrieves the principle of tutelage, abhorred what by the Constitution, to define that a Commission formed by non-Indians will decide on what is best for the indigenous peoples; b) No constitutional safeguard is made explicit. With this, the mineral exploration can occur in any space inside the Earth. There is no mention of prohibiting the exploitation of mineral resources incidents under monuments and historic sites, cultural, religious, sacred, hunting, collecting, fishing or even housing. This, of course, offers untold risk to physical and cultural survival of the people.
10-proposed constitutional amendment (PEC) 237/13: by Mr Nelson Padovani (PSC/PR), seeks to change the art. 176 of the Constitution, allowing the ownership of indigenous lands by farmers. The PEC 237/13 adds paragraph to the Constitution to determine the research, cultivation and agricultural production in the lands traditionally occupied by indigenous peoples may occur by the Union’s concession to agribusiness. Waiting for appointment of the rapporteur in the Committee on Constitution and justice and citizenship (CCJC) of the Chamber of Deputies.
11-Bill (PL) 195/11: by Mrs Rebecca Garcia (PP/AM), provides for the establishment of the national system of reducing emissions from deforestation and forest degradation (REDD +). In blatant disregard to the constitutional principle which provides for exclusive use of land by indigenous peoples themselves, the PL elects, among others, indigenous lands as object of REDD + projects. Pending establishment of Special temporary Committee on the Board of Directors of the Chamber of Deputies.
12-Right replacement for Compensation/mitigation: the omission of the Brazilian Government in the execution of public policies, such as health and education, among others, has been influencing dozens of people to accept projects of exploitation of their territories as a way to get compensation/mitigations to answer the demands created by the abandonment of the State. We understand that this is very serious and detrimental to the indigenous peoples, since the right has permanently, while the compensations are ephemeral and character linger just as long-lasting exploitation of the territory. With the implementation of this instrument, the time will come that people will have exhausted their territories, will not receive more compensation/mitigations and no more shall be entitled to attendance in different areas.
Not Brazil’s economic development benefits the whole population without distinction as the fallacious thesis of the Brazilian Government would have us believe the national and international society. What actually is happening is that propagated “and development” is made possible due to the violation of human rights, economic, political, social, cultural and environmental of broad and diverse populations, including indigenous peoples. In the face of all this, it is clear the urgency of the challenges to be faced by indigenous peoples and their allies.
We think of a dire need to be enlarged joints, mobilizations, the struggles and political confrontation on the part of indigenous peoples, in all possible spaces in order to:
1) that are kept the rights acquired by the people in the Federal Constitution, thus preventing desired by historical setbacks occur, it largely sectors;
2) that the Brazilian Government assume the responsibility they have in fulfilling the rights of indigenous peoples to a qualified service with regard to public health and education policies, as well as to the demarcation and protection of indigenous lands as established in the Brazilian Constitution.