Indigenous protest at the Presidential Palace
Saturday, April 20, 2013
Indigenous protest at the Presidential Palace ends without negotiation
Ended without negotiation of indigenous protest in front of the main entrance of the Presidential Palace. The movement was pushing for a meeting with the President Dilma Rousseff to address indigenous issues.
The National Secretary for Social Articulation of the General Secretariat of the Presidency of the Republic, Paul Harold, proposed to the demonstrators a meeting with Minister Gilberto Carvalho, of the General Secretariat of the Presidency of the Republic and the Minister of Justice, Jose Eduardo Cardozo, to 10:0 this Friday (14), for which the group claims were presented. The meeting was rejected by the protesters.
The reporting is Yvonne Cristaldo and published by Agência Brazil-EBC, 4/19/2013.
“We do not accept meeting with Minister Gilberto Carvalho. Already we have met with him several times and never had to return. The movement wants the Dilma make an appointment with us to address the protection of indigenous peoples “, explained one of the coordinators of the movement, Sonia Guajajara.
The group, according to the Organization of the movement, brings together indigenous leaders of 106 800 ethnic groups of five regions of the country. The group is against the Proposal of amendment to the Constitution (PEC) 215 and also against the Decree 303 of the Solicitor-General of the Union (AGU).
According to one of the representatives of the movement, Neguinho Tuká, the indigenous population was not heard during the process of elaboration of the PEC 215 and fear losing their land with the changes. The proposal to the National Congress the power to decide on the demarcation of indigenous lands.
The Indians also protest against the Decree 303 of the AGU, which extends to all demarcatórios processes of indigenous lands must be subject to 19 conditions imposed by the Supreme Court (STF) for maintenance of the demarcation of the Raposa Serra do Sol.
Security has been tightened at the main entrance of the Presidential Palace with a group of army officers. The Indians claim that will return to resume the protest and strengthen the application of meeting with the President Dilma Rousseff.
On Tuesday (16), the same group occupied the plenary of the Chamber of deputies to protest the PEC 215.
Saturday, April 20, 2013
MPF intensifies national mobilization in defense of indigenous lands
The Federal Public Ministry (MPF), one of the bodies responsible for indigenous rights, leverages the Indian day (April 19) for a very important discussion: the assurance of lands that indigenous peoples traditionally occupy.
Over the next three days, will be published a series of articles about various aspects involving the demarcation: the lack of access to public services that the delay in demarcating causes; the difficulties that the process faces, as economic sectors resistance and court battles; and the violence and prejudice that afflicts the indigenous in areas that are being smoothed.
The report is the Federal prosecutors do Pará, 4/19/2013.
The delay in the State to regularize indigenous lands leaves this part of the population vulnerable. According to the indigenous missionary Council (Cimi), the lands that are still without final settlement, even recorded and declared, are more exposed to invasions, occupations, deforestation and illegal exploitation of natural resources. The slow cause yet another kind of violence: the social.
In Mato Grosso do Sul, for example, thousands of indigenous people of various ethnic groups have turned the edge of highways in permanent housing, with all the risks inherent in such a situation. It was in this context that occurred the death of Sidney Cario de Souza, in June 28, 2011. He was hit by two coaches in BR-463, next to the camp where he lived, the seven miles of Golden, in the South of the State. Sidney walked on foot along the road when a first bus hit him, throwing him on the track. A second bus then ran over his body, ripping it.
In November 2007, the MPF arrived to sign conduct adjustment term (TAC) with the National Indian Foundation (Funai), setting June 2009 deadline for the publication of the anthropological studies that define which are the lands traditionally occupied by indigenous peoples in Mato Grosso do Sul. Since then, however, began a legal battle to prevent the studies and the subsequent demarcation.
According to the State Prosecutor Marco Antonio Delfino de Almeida, the obstacles are fundamentally. “The demarcation process occurs in a scenario very painful, and the lack of access to public services, such as health and education, is directly related to this situation. Is a concentration camp, only in larger dimensions, “he says.
In may 2012, the MPF found that, in the village Step Piraju, 25 kilometers of Dourados, guarani-kaiowá indigenous 189 were being subjected to medical procedures. The ‘ clinic ‘ had already been in the shadows of a passion fruit and, at the time, was moved to beneath a clump of bamboo. The community received a visit from health agent every 15 days, even existing patients who needed regular medical follow-up. In addition, the village did not have electricity, serious problem for the health of adults and children because of the difficulties of food storage. Also, there were reports of recurrent cases of diarrhea.
The MPF has filed suit in Federal Court of Dourados asking the immediate construction of a clinic and the installation of electric power network through the Luz Para Todosprogram. However, the promotion of public policy to the Indians coming up in the absence of demarcation. According to the judge responsible for the case, “the fact of the area occupied by the Indians has not been demarcated as the territory traditionally occupied by indigenous peoples, if not prevents, at least militates against the claims of those who dwell there, since the possession of part of the building glimpsed precarious”.
The health problems are not exclusive of the Mato Grosso do Sul. The scene is repeated in Santa Maria do Pará, a city near the State capital, Belem. There, the indigenous population Tembé Jeju villages and Beach is not met by the Special Indigenous Health Health District Guamá/Tocantins. The reason? Absence or non-completion of the demarcation procedure of the territory that traditionally occupy.
On 10 December 2012, as part of the d-day of indigenous health, the MPF entered in Federal Court of Pará with public civil action against the Indigenous Health Department. According to the Court, the Constitution determines health care to Indians regardless of the settlement of their territories. “If there is a total lack of the State in the provision of public services. The Indians often are totally devoid of any support, “says the Attorney of the Republic Melina Alves Tostes.
In Sergipe, the indigenous community Xocó, resident in the island of São Pedro, is supplied with water from the São Francisco River, which is contaminated by sewage released by neighboring municipalities. The case is also the target of a public civil action filed by the MPF at the end of last year. The Attorney of the Republic Lívia Birth Tinôco reminds us that access to clean water is inexorably linked to the concept of human dignity.
In Capivari do Sul, Rio Grande do Sul, about 13 Guarani families living in precarious camp on the edge of the RS-040. In addition to not having minimum housing conditions, health, food and basic sanitation, the camp is below the level of the highway, reason of flooding in and disposal of garbage that is on track. Is in processing in MPF action Justice that seeks to reverse that situation.
The delay in demarcation also hampers access to education. A typical case is that of Ypo ‘ icommunity, in Padilla, in the South of Mato Grosso do Sul, which, in 2011, could not take advantage of school bus because it had permission from landowner to get around within a farm. An agreement signed between Funai and the municipality of Paez offered the school bus from the farm gate to the schools, but the guarani-kaiowá students could not traverse the section between the legal reservation of the property, where they were camped, and the main entrance. The MPF had to intervene to ensure that approximately 60 children return to study.
Why and how to demarcate
Demarcate the lands belonging to indigenous peoples, in the sense of establishing the Federal Constitution (article 231), is the process of settlement of these areas, which is held by the following steps: identification and delimitation, demarcation, physical limits Declaration, approval and registration cartorial. Such adjustment shall be the responsibility of the Union and is the legal guarantee that certain portion of land is of exclusive use of certain (s) indigenous group (s) (s).
The whole process is provided for in Indian Statute (Law No. 6,001, December 19, 1973) and in the Decree of January 8, 1996, 1,775. Say, for example, that the demarcation will be based on studies by anthropologist of recognised qualification — anthropologist is an expert in socio-cultural characteristics of humanity, such as customs, beliefs, behavior, social organization, etc. Among other things, this study gathers information of ethno-historical nature, sociological, legal, environmental, cartographic and land necessary for the delimitation.
These studies are needed because, for the Indians, the Earth is not only the means where necessary to obtain their survival, she refers to construction and living, culturally variable, the relationship between a society and its territory. So, no need to know the proper ways of territorial organisation of each indigenous people to recognize their right to the land they traditionally occupy.
A good example of this specificity with respect to the territory, according to anthropologist Dominique Gallois, is the Zo ‘ égroup, for whom shows up clearly inadequate the notion of “permanent housing” in the sense of a life with fixed housing and centered in villages. They merge the length of care of plantations with offsets to other villages where maintain plantations and with expeditions for hunting, fishing and gathering. Agriculture and the farm marked the place of the Zo ‘ é in the world, but this is an element that only partially meets your needs. The activities of hunting, fishing and gathering require broader occupation areas that the perimeter of the garden.
The idea, often spread by those opposed to indigenous rights, that ‘ there is a lot of land for little Indian ‘ is precisely the ignorance of the different spatial logics of indigenous peoples, especially those living in areas of the Amazon rainforest, as well as the concealment of the land of reality most indigenous peoples of other regions in Brazil, where the dimensions of the lands that have been recognized arein many cases, insufficient to their physical and cultural reproduction.