Rural bench presses to take powers of Funai in the demarcation of indigenous lands

Rural bench presses to take powers of Funai in the demarcation of indigenous lands

Posted in April 15, 2013
Countertop ruralista members promise to tighten the siege against the National Indian Foundation (Funai) and the granting of aid in the demarcation of indigenous lands in Brazil. Among the strategies to press the Government for changes, members of the parliamentary front on Agriculture say already have sufficient signatures – more than 180-to Protocol an application for setting up a parliamentary Committee of inquiry to investigate the Funai, but still no definition of when it will be done.
Last week the Group recorded two victories. At first, managed to summon the Minister Chief of staff, Gleisi Hoffmann, to provide clarification on the House Agriculture Committee on indigenous issues. The date of departure of the Minister to Congress must be set later this week by the Commission President, Mr Giacobo (State of Paraná-PR).
The “ruralists” managed to yet, last Wednesday (10), the missing support for the creation of a Special Commission to examine and give opinion on the proposed amendment to the Constitution (PEC 215/2000) which includes, in the exclusive competence of the National Congress, the approval of demarcation of lands traditionally occupied by the Indians, the quilombo lands, the creation of environmental conservation units and the ratification of the demarcations of Indian lands already approvedby establishing that the demarcation criteria and procedures shall be regulated by law. The Commission was created by the President of the Chamber of Deputies, Henrique Alves (PMDB-RN), in return for the support they received from the “ruralists” to control the House.
“We are creating a series of injustice to those who are landowners, regardless of size. What concerns us is the lack of criteria and a condition of approval processes within defence conducted by anthropologists Funai “, says the Deputy Jerônimo Goergen (PP-RS) which is part of the parliamentary front for agriculture.
The indigenous missionary Council (Cimi) reacted to the creation of the Commission. In a statement published on the website, the Cimi repudiated the decision. “The Mayor’s Act constitutes an offense to the memory of the constituent members, attacks so vile and cowardly the rights that indigenous peoples took the cost of a lot of blood and meets the private interests of a minority historically privileged landed in our country”, says the document.
Pursued by Brazil, Agency Funai sent Note sorting the PEC 215/00 as a kicker and a counteraction to accomplish the territorial rights of indigenous peoples.
“Funai thinks that such a measure, rather than contribute to the reduction of land conflicts arising from the proceedings of demarcation of indigenous lands, will cause greater tension in relations between individuals and indigenous peoples, given the legal uncertainties and unknowns that will entail territorial”, warns the document.
Among the concerns of the Funai is the fact that the PEC provide for the establishment of one more instance in the administrative procedure of regularization of indigenous lands. “This will make it more complex and time-consuming the process of recognition of the territorial rights of indigenous peoples-if not mean their paralysis, with serious consequences for the implementation of other rights of these people, such as, for example, health and education policies, promotion of citizenship and economic sustainability, natural resources protection, among others.”
This week the House is always rewarding and should meet with the President of the Supreme Court (STF), Minister Joaquim Barbosa. At the meeting, the parliamentarians will ask the conclusion of the trial of the Raposa Serra do Sol indigenous land-that still depends on the publication of the judgment of the trial and of the embargoes for the 19 conditions imposed by the Court, in 2009, so that the demarcation of the area to be maintained in continuous land.
After this is done, the controversial Decree 303 of the Solicitor-General of the Union (AGU) can enter into force. The rule prohibits the extension of indigenous areas already demarcated and the sale or rental of any part of these territories, if it means restricting the full enjoyment and direct ownership of the area by indigenous communities. It also prohibits the prospecting, mining and water use of the land by the Indians, as well as prevent the collection, by the indigenous community, any fee or requirement for the use of roads, power lines and other utility equipment that are within the demarcated areas.
The Parliamentary front differences of agriculture in relation to the tasks of the Funai also led the Justice Minister Jose Eduardo Cardozo, to undertake to set up a working group to receive the members ‘ events. In 30 days, representatives of the Bureau of Legislative Affairs, Funai and parliamentarians must begin discussing proposals involving the demarcation and expropriation of land in the country.
The parliamentary front Environmentalist, led by Mr Sarney Filho (PV-MA), marked a meeting for next Wednesday (17). In environmental assessment, the supporters of PEC 215 are motivated by “personal and individual interests thwarted”. “The PEC is an absolute decline, she ends up with any possibility of indigenous policy and environmental policy. Take the prerogative of the Executive Branch to create a conservation unit and Indian reservations and move to the Congress is the same thing to say that there will be more, “said Sarney Filho.
Karine Melo , Brazil Agency

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